HomeMy WebLinkAboutDocumentation_Regular_Tab 08_07/13/2017 C `\ CORBETT, WHITE,
D A DAVIS AND ASHTON, P.A.
KEITH W. DAVIS
ATTORNEY AT LAW
Board Certified in City,County and Local Government Law
MEMORANDUM
TO: Mayor Brennan, Vice Mayor D'Ambra, Council Members Arena, Okun and
Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: May 12, 2017
RE: Agenda Item — Ordinance 06-17 repealing Code Section 14-34 which
previously adopted technical amendments to the 2010 Florida Building Code
regarding freeboard
The following describes in detail the above referenced agenda item:
As requested by the Building Department, we have prepared one (1) ordinance repealing
Section 14-34 of the Village Code which adopted technical amendments to the 2010 Florida
Building Code regarding freeboard. Freeboard is elevating a building's lowest floor above
predicted flood elevations by a small additional height, typically 1-3 feet. The 2014 Florida
Building Code currently in effect makes this Code section obsolete. Repeal of Section 14-34
is necessary to eliminate inconsistency between the Village Code and the 2014 Florida
Building Code. Section 14-31 of the Village Code, which remains in full force and effect,
adopts and incorporates by reference the 2014 Florida Building Code, including the
freeboard requirements previously codified through technical amendment.
ORDINANCE NO. 06-17
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT
CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE II.
BUILDINGS. BY REPEALING SECTION 14-34. TECHNICAL
AMENDMENTS TO THE FLORIDA BUILDING CODE RESIDENTIAL
ADOPTED. IN ORDER TO UTILIZE MORE STRINGENT STANDARDS
CONTAINED IN THE CURRENT VERSION OF THE FLORIDA BUILDING
CODE RESIDENTIAL; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND
BUILDING REGULATIONS. 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 previously adopted technical amendments to the
2010 Florida Building Code into its Code of Ordinances at Section 14-34; and
WHEREAS, the 2014 Florida Building Code is now in effect, making the previously
adopted technical amendments obsolete; and
WHEREAS, the Village of Tequesta has already adopted the most current technical
requirements of the Florida Building Code by reference; and
WHEREAS, the Village Council believes the code amendment contained in this
ordinance will be in the best interests 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 II. Buildings. by repealing Sec. 14-34.
Technical Amendments to the Florida Building Code Residential Adopted.; as follows:
Sec. 14-34. Reserved
adopted:
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Section 2: Chapter 14. Buildings and Building Regulations. Article II. Buildings. Sec.
14-34. Technical Amendments to the Florida Building Code Residential Adopted is hereby
repealed in its entirety.
Section 3: 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 4: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon passage.
FIRST READING this day of , 2017.
SECOND AND FINAL READING this_day of , 2017.
VILLAGE OF TEQUESTA
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