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HomeMy WebLinkAboutOrdinance 2002-07 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 THE CITY COMMISSION OF THE 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 for a homeowners' association whether incorporated or unincorporated to conduct a Neighborhood Garage Sale without first obtaining a permit from the city, which permit shall set forth the time and place 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 Neighborhood Garage Sale need only include the name of the association holding such sale (not each individual owner within the neighborhood or subdivision): 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 person 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 be regulated according to Section 8- 7(C)(6) of Article VIII of the Land Development Code (Chapter 180 of the Code of Ordinances of the City). 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 Sale. 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. 006.222075.1 -2- 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 ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this -15- day of ~, 2002. FOLEYhLARDNER 1 By: -VoJ~~ City Attorney 006.222075.1 /915. day of ILt Jri. c 11 , 2002. . APPROVED: CITY OF OCOEE, FLORIDA ADVERTISED March 7,2002 READ FIRST TIME March 5, 2002 READ SECOND TIME AND ADOPTED J~ 4 i cHI '1 , 2002 UNDER AGENDA ITEM NO.~ -4-