HomeMy WebLinkAboutDocumentation_Regular_Tab 16_7/9/2020Agenda Item #16.
Regular Council
STAFF MEMO �
Meeting: Regular Council -Jul 09 2020
Staff Contact: Jose Rodriguez, Building Official Department: Building
ORDINANCE 04-20, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE I. IN GENERAL. BY
CREATING AN ENTIRELY NEW SECTION 14-6. TO BE ENTITLED "REQUIRED ASSOCIATION
BUILDING PLAN APPROVAL." TO REQUIRE THE APPROVAL OF ANY PROPERTY OWNER
ASSOCIATION WITH JURISDICTION OVER THE SUBJECT PROPERTY TO APPROVE
PROPOSED CONSTRUCTION IN ACCORDANCE WITH ITS APPLICABLE DOCUMENTS PRIOR
TO THE APPLICANT BEING ISSUED A BUILDING PERMIT; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14 SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES.
The proposed ordinance would require written proof of association approval of a construction project
prior to issuance of a building permit.
Approve on First Reading.
Teguesta - Association Approval Ch. 14 KWD
Page 187 of 191
Agenda Item #16.
ORDINANCE NO.04-20
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING
REGULATIONS. ARTICLE I. IN GENERAL. BY CREATING AN
ENTIRELY NEW SECTION 14-6. TO BE ENTITLED "REQUIRED
ASSOCIATION BUILDING PLAN APPROVAL." TO REQUIRE THE
APPROVAL OF ANY PROPERTY OWNER ASSOCIATION WITH
JURISDICTION OVER THE SUBJECT PROPERTY TO APPROVE
PROPOSED CONSTRUCTION IN ACCORDANCE WITH ITS
APPLICABLE DOCUMENTS PRIOR TO THE APPLICANT BEING
ISSUED A BUILDING PERMIT; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 14 SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta, Florida, desires to codify a requirement for
property owner associations with jurisdiction to approve construction projects in accordance with
applicable documents prior to an applicant being issued a building permit; and
WHEREAS, the Village Council of the Village of Tequesta has held all required public
hearings and has provided public notice in accordance with applicable State statutes and Village
ordinances; and
WHEREAS, the Village Council has determined that the proposed revision to its
building codes is in the best interests of the health, safety and welfare of the citizens of the
Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 14. Buildings and building regulations. of the Code of Ordinances of
the Village of Tequesta is hereby amended at Article I. In general. By creating an entirely new
Section 14-6. To be entitled "Required Association Building Plan Approval." to require property
owner associations with jurisdiction to approve construction projects in accordance with
applicable documents prior to an applicant being issued a building permit; providing that Section
14-6 shall read hereafter as follows:
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Page 188 of 191
Agenda Item #16.
Sec. 14-6. - Required association building plan approval.
La) Submittal of proof of review. At the time of application for a building permit, the
applicant must present written proof that the building Mans have been submitted to and
approved in accordance with association documents by the designated association
review committee or association board with review Jurisdiction for the subdivision or
development in which the construction is to occur.
b� Required written statement where inapplicable. If the subdivision or other
development has no building plan review requirements, then the permit applicant shall
make a written statement to that effect which may be relied upon by the building
official for issuance of a building ermit.
Uc No liability. The village assumes no liability or responsibility for the failure of an
applicant for a building permit to comply in advance with the building plan review
requirements of its property owner's association.
Secs. 14-7 14--30. - Reserved.
Section 2: Each and every other Section and Subsection of Chapter 14. Buildings and
building regulations. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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Page 189 of 191