VI (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
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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-