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Home My WebLink AboutVI (B2) Second Reading of Ordinance 2002-07 Amending Chapter 82, Providing for Permitting Procedure for Neighborhood Garage Sales Agenda 3-19-2002 Item VI B 2 urn:aorGOOD UN( -PRIDIt:ovH'L5I (MIKGC- MAYOR•COMMISSI NLR ES 5. SCU II VANIn;RGRIII CITY OF OCOEE CITY MANAGER JIM ulk:ASON STAFF REPORT DATE: February 25, 2001 TO: The I lonorable Mayor and City Commissioners FROM: Shelly Simon, Code Enforcement Supervisor SUBJECT: Amendment to Garage Sale Ordinance ISSUE: Should The Honorable Mayor and City Commissioners adopt an amendment to the City of Ocoee Ordinance 656, Chapter 82 of the Code Ihr Sections, 82-3; Duration and Frequency, 82- 4:-Permit Required application displayed and 82-5; Number of Permits limited. The amendment will make a provision for Neighbor Association to hold group garage sales. BACKGROUND: The City's ordinance relating to garage sales requires each single residence to obtain a permit, for garage sale. Garage sales cannot exceed 48 hours, and are limited to one every 4 months. If an organized residential groups such as a Neighborhood Association coordinates a group sale that includes many participants, each participant is required to obtain a permit. This has proven costly and time consuming to city staff and to the citizens. DISCUSSION: In an effort to better serve the community, it has been suggested that staff look at adding a provision to the existing code that would provide an easier way to obtain permitting for groups that want to have garage sales together. The provision should allow neighborhoods to conic together and have coordinated sales without the burden of having each individual participant go to City Hall, obtain and pay for their permit. the amendment to the ordinance provides that a Neighborhood Association can hold a group garage sale. apply for one permit at a fee of 850.00, and the association can do this twice a year. The Neighborhood Association permit has no impact on the individual homeowner having garage sales or the number of garage sales. STAFF RECOMMENDATION: N Based on the direction of the City Commission, staff respectfully recommends approval of th' amendment to Ordinance Chapter 82, to allow for an additional provision, known as Neighborhood garage sales,and authorize the Mayor and City Clerk to execute same. POW \i, .T ORDINANCE NO. 2002-07 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE BY PROVIDING FOR A PERMITTING PROCEDURE FOR NEIGHBORHOOD GARAGE SALES HELD BY A HOMEOWNERS' ASSOCIATION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY TILE CITY COMMISSION OF TILE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1, Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Section 82-2 of Chapter 82 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended by the addition of the following: NEIGHBORHOOD GARAGE SALE — A sale held by a Homeowners' Association, whether incorporated or unincorporated, during which all residents of the neighborhood or subdivision are provided with an opportunity to display and sell personal property which is displayed or offered for sale on a lot, parcel or tract of land within such neighborhood or subdivision so long as such lot, parcel or tract is zoned for residential use. SECTION 3. Section 82-3 of Chapter 82 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 82-3. Duration; frequency. It shall be a violation of this chapter for garage sales to extend more than forty-eight (48) hours or to be conducted more than once every four (4) months on any single lot, parcel or tract of land. However, a Neighborhood Garage Sale shall not prohibit a lot owner within that neighborhood or subdivision from conducting a garage sale within four months following the Neighborhood Garage Sale unless that person is prohibited from conducting a garage sale pursuant to Section 82-5. 006 222075.1 SECTION 4. Section 82-4 of Chapter 82 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 82-4. Permit required; application; display. It shall be a violation of this chapter for any person, firm or corporation to conduct a garage sale on any lot, parcel or tract of land or fora homeowners' association whether incorporated or unincorporated to conductna Neighborhood Garage Sale without first obtaining a permit from the city, w high per it sh" f"-'h the time an'' ee of the garage sale. Such a permit may be obtained by requesting the same in writing from said the city. The application for a permit to conduct a garage sale_shall state the name or names of the person, firm or corporation conducting the garage sale and the time and place where it is to be held. The application for a permit to conduct a Nei hn borhood Garage Sale need only include the name of the association holding such sale (not each individual owner within the neighborhood or subdivisiotn; the time and location of the neighborhood or subdivision where it is to be held; and the name, address and phone number of a contact erson who will maintain possession of the permit during the Neighborhood Garage Sale. The sale shall be held only on the days stated in the permit. The permit provided for herein shall be displayed on the premises at which the sale is being conducted, and the City Commission may charge such fee for the issuance of such permit as it may deem necessary to cover the cost thereof. Temporary directional signs for a Neighborhood Garage Sale shall_he regulated according to Section 8- 7(C)(6) of Article VIII of the Land Development Code (Char 180 of the Code of Ordinances of the Cityl as it may from time to time be amended, governing_Minor Special Events. SECTION 4. Section 82-5 of Chapter 82 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 82-5. Number of permits limited. A permit to conduct a garage sale shall not be issued to the same person, group of persons, firm or corporation more frequently than three (3) times in any calendar year, not including any permits issued pursuant to a Neighborhood Garage St A permit to conduct a Neighborhood Garage Sale shall not be issued to the same homeowners' association more frequently than two (2) times in any calendar year. SECTION 5. A new Section 82-8 of Chapter 82 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: § 82-8. Permit fee for Neighborhood Garage Sale. Upon application for a permit to conduct a Neighborhood Garage Sale, the applicant shall pay a fifty dollar ($50.00) permit fee. 2- 006.2220751 - SECTION 6. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or re-lettered and the word `ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 006 222075.1 -3- PASSED AND ADOPTED this day of , 2002. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED March 7, 2002 READ FIRST TIME March 5, 2002 READ SECOND TIME AND ADOPTED , 2002 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2002. FOLEY & LARDNER By: City Attorney 006.222075.1 -4-