Search Entire Article Tip - Hold CTRL + F
Article 9
Archaeological and Historic Preservation
It is hereby declared
that the protection, enhancement and examination of significant archaeological
resources is in the interest of the health, safety and welfare of the people of
PBC. It is acknowledged that within PBC there exist sites which are of
significant archaeological value as prehistoric, historic and cultural
resources. A map identifying known archaeological sites, potential
archaeological sites and archaeological conservation areas has been prepared by
a qualified archaeologist and is adopted as part of this Article. [Ord. 2005 – 002]
1. Establish a procedure for review of
development proposals on lands which have been identified as containing
archaeological resources and archaeological conservation areas; [Ord. 2005 – 002]
2. Establish a method to review the potential
archaeological and paleontological value of previously unidentified sites after
the discovery of prehistoric and historical artifacts, skeletal or fossilized
human remains, or non-human vertebrate fossils during development; [Ord. 2005 – 002]
3. Establish a mechanism to protect, when
appropriate, resources of significant archaeological value identified pursuant
to this Article that are deemed important by a qualified archaeologist to the
prehistory or history of PBC, the County, the State or Nation; and,
4. Facilitate protection and documentation of
resources of significant archaeological value without substantially delaying development. [Ord. 2005 – 002]
This Article is
applicable in the unincorporated area of PBC and regarding PBC owned property
in municipalities unless otherwise regulated by municipal archaeological
protection regulations and shall apply to:
1. All parcels of land which are identified as
archaeological sites on the map entitled "Map of Known Archaeological
Sites” and “Archaeological Conservation Areas”;
[Ord. 2005 – 002]
2. A parcel on which previously unidentified
artifacts, archaeological human remains, archaeological sites or features, or
vertebrate fossils of significant archaeological and paleontological value is
found during site development or during any other activity which may disturb an
archeological site; and, [Ord. 2005 – 002]
3. All applications for Type 3 Excavation,
pursuant to Article
4.B.10, Excavation Uses. [Ord.
2005-002] [Ord. 2017-007]
4. All parcels of land within Palm Beach County
that are identified as a known resource in the records of the Florida Master
Site File or from documentation from the State Historic Preservation Officer or
State Archaeologist. [Ord. 2008-037
5. All parcels of land which are not identified
on the “Map of Known Archaeological Sites and Archaeological Conservation
Areas” but other resources, documents, conditions and reasonable accounts
indicate there is an increased probability that they contain previously
undocumented historic resources. [Ord.
2008-037]
6. All parcels of land that are within 300 feet
of a parcel depicted on the “Map of Known Archaeological Sites and
Archaeological Conservation Areas” shall be considered to have a high
probability of containing previously undocumented historic resources. [Ord. 2008-037]
7. The Planning, Zoning & Building
departments may require a CTD/COA for any property that has a high probability
of containing previously undocumented historic resources. [Ord. 2008-037]
Development shall be
subject to this Article as follows:
Parcels on the Map of
Known Archaeological Sites and Archaeological Conservation Areas and proposals
for Type 3 Excavation. Owners of parcels located on the Map of Known
Archaeological Sites and Archaeological Conservation Areas or owners of parcels
requesting approval for Type 3 Excavation must receive a Certificate to Dig
prior to issuance of a development order.
[Ord. 2005 – 002] [Ord. 2017-007]
Previously unidentified
archaeological sites discovered during development. When one or more artifacts
archaeological human remains, or vertebrate fossils are found on a parcel
during development or during other activity disturbing the site, all
development or disruptive activity directly over the find shall cease. Before
any further development or disruptive activity continues, the following
procedure shall apply: [Ord. 2005 –
002]
a. The area directly over the find shall be
staked by the property owner or agent of the property owner, contractor or
subcontractor, or other party discovering the potential find;
b. Within one working day of discovering the
potential find, the Department and, if applicable, the property owner shall be
notified;
c. Within three days, the County Archaeologist
shall inspect and evaluate the site for the purpose of determining whether
artifacts or human skeletal or vertebrate fossils are located on the parcel. If
the qualified archaeologist determines a significant archaeological resource is
on or likely to be on the parcel, the Director of PZB shall issue an order
suspending construction and define the area where the order suspending
construction applies, based upon the archaeologist's assessment. Such order
does not have the effect of a stop work order and shall not stop construction
activity not directly impacting the defined potential archaeological or
paleontological site; [Ord. 2005 –
002]
d. The County Archaeologist shall evaluate the
significance of the archaeological find and send a written Archaeological
Evaluation Report to the property owner and Executive Director of the PZB
postmarked within seven working days from issuance of the suspension order;
e. In the Archaeological Evaluation Report, the
County Archaeologist shall require an application for a Certificate to Dig be
prepared if the archaeologist determines the site contains artifacts of
significant archaeological value. If the County Archaeologist determines that
there is no reasonable possibility that artifacts of significant archaeological
value are contained on the site, the archaeologist shall make such a finding to
the Department in the Archaeological Evaluation Report and PZB shall
immediately lift the suspension order;
f. In order to encourage individuals to bring
potential significant archaeological discoveries to PBC’s attention, private
citizens engaged in disruptive activity which does not require a development
order or permit and uncover a potential artifact, fossil, or remains, may
request a waiver of application fees and shall not be subject to the timeframes
required in this subsection. [Ord.
2005 – 002]
If human skeletal
remains are found, then F.S.
§872.05, (1989), as amended from time to time, controls.
The Historic Resource
Review Board (HRRB) and County Archaeologist will have the authority to
nominate areas, places, buildings, structures, landscape features,
archaeological and paleontological sites as being significant to Palm Beach
County’s history. All nominations will be sent to the BCC for final approval,
official designation and listing on Palm Beach County’s Register of Historic Places. [Ord. 2008-037]
Historic resource
significances will be determined by meeting one or more of the following
criteria/conditions: [Ord. 2008-037]
a. are associated with distinctive elements of
the cultural, social, political, economic, scientific, religious, prehistoric,
paleontological and architectural history that have contributed to the pattern
of history in Palm Beach County, the State of Florida, the nation; or [Ord. 2008-037]
b. are associated with the lives of persons
significant in our past; or [Ord.
2008-037]
c. embody the distinctive characteristics of a
type, period, style, or method of construction or work of a master; or that
possess high artistic value; or that represent a distinguishable entity whose
components may lack individual distinction; or
[Ord. 2008-037]
d. have yielded or are likely to yield
information in history or prehistory; [Ord.
2008-037]
e. is listed on the National Register of
Historic Places (NRHP). [Ord.
2008-037]
A Map of Known Archaeological Sites and Archaeological Conservation
Areas shall be maintained by the County Archaeologist and Planning Director. The
above referenced map shall consist of Florida Master Site File (FMSF) data
provided by the Florida Department of State, Division of Historical
Resources. The map shall be revised by
PBC whenever updated information is provided by the FMSF. At a minimum, the map and the FMSF, shall be
reviewed annually by department staff and the County Archaeologist to ensure
the map is consistent with FMSF data. [Ord. 2005 – 002] [Ord. 2008-037] [Ord.
2018-018]
1. Application
Owner of parcels
required by Art.
9.A.1, General, and Art.
9.A.2, Development Subject to Archaeological Review, Parcels on the Map of
Known Archaeological Sites, Archaeological Conservation Areas and proposals for
Type 3 Excavation, and Previously Unknown Archaeological Sites discovered
during development, to make application for a Certificate to Dig to the PZB for
review shall make such application prior to the issuance of a development
order. The application for the
Certificate to Dig shall be made on a form available from the PZB. Only one
Certificate to Dig shall be required to develop a site unless additional
resources not addressed in the initial Certificate to Dig are found during site
development. The department shall
determine whether the application is a standard or special Certificate to
Dig. A special Certificate to Dig will
be required for any application that will potentially alter or destroy more
than ten percent of any known or previously recorded archeological site. All special Certificates to Dig will be
forwarded by the department to the Palm Beach County Historic Resources Review
Board (HRRB) for review. All standard
Certificates to Dig will be reviewed by the department staff and the County
Archaeologist. [Ord. 2005 – 002] [2008-037] [Ord. 2017-007]
The cultural resource
management firm or archaeologist contracted to assess the presence of historic
resources and develop mitigation plans to address adverse effects to a historic
resource is required to meet with the County Archaeologist to discuss testing
strategies prior to the start of the project.
[Ord. 2008-037]
The County
Archaeologist will be available for field consultations should the need arise
during the testing phase of the project. If previous testing strategies prove
to be ineffective all parties can request that the testing strategy be
modified. [Ord. 2008-037]
A report prepared by a
qualified archaeologist shall be prepared with the application of a certificate
and as requirement of the Certificate to Dig.
The report shall at minimum contain a documented search of the Florida
Master Site File (FMSF), a brief history of the area, an archaeological survey
and field inspection performed in a professionally acceptable manner, an
assessment of the archaeological significance of the site, and a proposed plan
for archaeological management, which in some instances, may include
recommendations for monitoring of proposed developmental activities by a
qualified archaeologist. All reports
submitted to the PZB on properties determined to be of archaeological
significance shall include the preparation of a FMSF form, which shall be
forwarded by the PZB to the Division of Historical Resources of the Florida
Department of State. [Ord. 2005 – 002] [ Ord. 2008-037]
Within three working
days of receiving an application, the Department shall make a determination of
the completeness of the application and whether it shall be processed as a
Special or Standard Certificate to Dig. A Special Certificate to Dig will be
required if the application is for a previously recorded site where more than
ten percent of the known or potential site surface or volume will be adversely
affected by the proposed development or improvements. A Standard Certificate to Dig will be required
if the application is for a previously recorded site where less than ten
percent of the known or potential site surface or volume will be altered or
destroyed by the proposed development. A
Standard Certificate to Dig will be required for any application within an
archaeological conservation area that is not the location of a previously
recorded site. If the application is
determined to be incomplete, the Department shall request additional
information by certified mail. When the application is complete, if the
Certificate to Dig is determined by the Department to be a Special Certificate
to Dig the Department shall forward the application to the HRRB. The HRRB shall
hold a public hearing within 30 days of the date of receipt of the application
by the HRRB. The Department shall prepare its evaluation of the application and
notify the applicant of its findings at least ten working days prior to the
public hearing. Evaluation of the application by the Department and the HRRB
shall be based upon guidelines in this Section, recommendations included in the
archaeologist's report, and the recommendation of the County Archaeologist, if
required. If the Department determines that the application is a Standard
Certificate to Dig, then a Certificate to Dig will be issued to the applicant
within 30 days of the date of receipt of the application by the
Department. The HRRB's or Department’s
evaluation shall do one of the following:
[Ord. 2005 – 002] [Ord.
2008-037]
a. In the Archaeological Evaluation Report, the
County Archaeologist shall require an application for a Certificate to Dig be
prepared if the archeologist determines the site contains artifacts or cultural
remains of significant archaeological value.
If the County Archaeologist determines that there is no reasonable
possibility that artifacts of significant archaeological value are contained on
the site, the County Archaeologist shall make such a finding to the Department
in the Archaeological Evaluation Report and the Department shall immediately lift
the suspension order. [Ord. 2005 –
002] [Ord. 2008-037]
b. If the property is determined to contain or
potentially include a site of significant archaeological value, the HRRB or the
Department shall issue a Certificate to Dig with conditions that are deemed
necessary to protect or mitigate any part of the site determined to be of
significance, including conditions regarding development design. In order to
protect archaeological resources of significant value, the HRRB or the
Department may require the applicant to do one or more of the following as part
of receiving the Certificate to Dig: [Ord.
2005 – 002] [Ord. 2008-037]
1) preserve part or all of the
archaeological site within open space of the development; [Ord. 2008-037]
2) re-design the development to accommodate
preservation of all or a portion of the archaeological site; [Ord. 2005 – 002] [Ord. 2008-037]
3) the property owner may voluntarily fund or
seek funding for excavation of the resource, if agreed to by PBC. [Ord. 2008-037]
c. The Department shall charge a fee covering
the direct and indirect costs associated with reviewing an Application for a
Certificate to Dig, issuing the certificate and monitoring compliance with the
certificate. Fees for the issuance of a Certificate to Dig shall be added to
the Department Fee Schedule by resolution approved by the BCC. [Ord. 2005 – 002] [Ord. 2008-037]
A Single-Family
Homeowner Certificate To Dig (SFHCTD) will be issued to individuals whose
properties are depicted in the Map of Known Archaeological Sites and Archaeological
Conservation Areas or when previously unknown archaeological or historic
resources are encountered during construction or other means of exposure. There is no fee associated with this
certificate and the County Archaeologist will perform the initial investigation
at no charge upon receiving the permit for review. [Ord.
2018-018]
Single-family
homeowners of parcels required by Art.
9.B.1, General, or Art.9.A.2,
Development Subject to Archaeological Review, Parcels on the Map of Known Archaeological
Sites, Archaeological Conservation Areas and Previously Unknown Archaeological
Sites discovered during development shall apply for a SFHCTD to the PZB for
review, and shall make such application prior to the issuance of a development
order or building permit. The application for the SFHCTD shall be made on a
form available from the PZB. Only one SFHCTD shall be required to develop a
site unless additional resources not addressed in the initial Certificate are
found during site development. All single-family homeowner certificates to dig
will be reviewed by the Department staff and the County Archaeologist. The
County Archaeologist will perform initial investigation upon receiving the
permit for review at which time the proposed project will be classified as
either ground disturbing or non-ground disturbing: [Ord. 2008-037]
a. Ground
Disturbing Activities
These include
excavating soil for the placement of pilings, footers, telephone poles, fence
posts, pools, septic tanks, in ground water features, extensive grading of
virgin soil, drainage ditches and the placement of water/sewer lines. [Ord. 2008-037]
b. Non-Ground
Disturbing Activities
These include slab on
grade construction techniques, driveway placement, shed installation, sprinkler
irrigation systems, on grade patios, above ground pools, landscaping, placement
of fill soil, placement of underground conduit two inches in diameter or less
and building on an existing foundation.
If a permit including
only non-ground disturbing activities is submitted, approval is immediate.
If ground-disturbing
activities are indicated, the County Archaeologist will review the proposed
plan by comparing it to known archaeological site locations, previously tested
properties, geological/ecological features and areas of significant soil
disturbance. If conditions warrant a field investigation, the County
Archaeologist or designee will begin the process within ten working days of
original notice.
If a significant
historic resource(s) as those defined by this Chapter is encountered during the
field investigation, a suspension of work order will be issued for the area of
impact. During this time one or more of the following may occur depending on
the nature and size of the resource. [Ord.
2008-037]
1) The homeowner will be responsible for
securing and financing the services of a professional archaeologist or
archaeological firm to mitigate the adverse impacts to the resource. [Ord. 2008-037]
2) For simple non-midden resources less than 6 x
6 feet (2 x 2 meters) in size and less than two feet in depth the County
Archaeologist or the offices designee will monitor/mitigate ongoing
construction. [Ord. 2008-037]
3) The homeowner, contractor(s), and appropriate
county departments, will discuss, develop and implement methods to avoid
adverse impact to the historic resource.
[Ord. 2008-037]
If the resource is
determined not to be significant as defined by this Chapter, approval to
proceed will be issued within three working days of the initial site visit.
If a significant historic
resource as defined by this Chapter is discovered the location and nature of
the resource will be listed with the county and state offices of historic
preservation and possibly the National Register of Historic Places. [Ord. 2008-037]
A report shall only be
required if significant historic resources as defined by this Chapter are
recovered. The report shall at minimum contain a documented brief history of
the area, an archaeological survey and field inspection performed in a
professionally acceptable manner, an assessment of the archaeological
significance of the site, and a proposed plan for archaeological management,
which in some instances, may include recommendations for monitoring of proposed
developmental activities by a qualified archaeologist. All reports submitted to
the PZB on properties determined to be of archaeological significance shall
include the preparation of a FMSF form, which shall be forwarded by the PZB to
the Division of Historical Resources of the Florida Department of State.
Regardless
if significant historic resources are recovered or not the Map of Known
Archaeological Sites and Archaeological Conservation Areas will be modified to
reflect the actual status of the property.
[Ord. 2008-037] [Ord. 2018-018]
3. Hearings of Findings
Only CTD or SFHCTD that
encountered significant historic resources as defined by this Article will be
discussed with the Historic Resource Review Board (HRRB). These discussions shall take place within 45
days after completion of the application at which time the resident or
developer will be allowed to comment on the findings of either the CTD or the
SFHCTD. [Ord. 2008-037]
Within 30 days of a
written decision by the HRRB regarding an application for a Certificate to Dig
or Single-Family Homeowner Certificate to Dig, an aggrieved party may appeal
the decision by filing a written notice of appeal and pay a filing fee
established by the BCC, with the Clerk of the BCC. A copy of the notice of
appeal shall be filed with the Executive Director of Planning, Zoning and
Building, PZB. The notice of appeal shall state the decision which is being
appealed, the grounds for the appeal, and a brief summary of the relief which
is sought. Within 45 days of the filing of the appeal or the first BCC meeting
which is scheduled, whichever is later, in time, the BCC shall conduct a public
hearing at which time they may affirm, modify or reverse the decision of the
HRRB or PZB. The applicant shall be notified by certified mail, return receipt
requested, of the date, time, and place of such hearing. At this hearing, the
party shall set forth the alleged inconsistencies or non-conformities with
procedures or criteria set forth in this Code; however, no new materials or
evidence shall be presented to or considered by the BCC. The BCC shall vote to
approve, modify or overrule the decision of the HRRB or PZB. The decision of
the BCC shall be in writing and a copy of the decision shall be forwarded to the
appealing party. An applicant may appeal a final decision of the BCC within 30
days of the rendition of the decision by filing a petition for Writ of
Certiorari in Circuit Court of the Fifteenth Judicial Circuit in and for Palm
Beach County, Florida. [Ord. 2005 –
002] [Ord. 2008-037]
Upon detection by PBC
that a property owner, agent of property owner, contractor or subcontractor has
violated this Section, PBC shall notify the violator(s) and the property owner,
if applicable, that a hearing has been set before the Code Enforcement Special
Master. The notice, hearing and fines shall occur pursuant to Art.
10.B, Enforcement by Code Enforcement Special Masters. Further, if the Code Enforcement Board finds
that a willful violation of this Article has occurred, PBC shall fine the
violator a fine of up to $500.00 per day or impose imprisonment in the PBC jail
not to exceed 60 days or by both fine and imprisonment as provided in F.S.§
125.69. In addition to the sanctions
contained above, PBC may take any other appropriate legal action, including,
but not limited to, requests for temporary and permanent injunctions to enforce
the provisions of this Section. It is the purpose of this Section to provide
additional cumulative remedies. [Ord.
2008-037]
See Article
1.I, Definitions and Acronyms
The purpose and intent
of this Article is to promote the health, safety and welfare of existing and
future residents of PBC by protecting, enhancing and examining the historic
resources of PBC. It is recognized that there are within unincorporated PBC and
on PBC owned property in municipalities historic sites worthy of preservation
and concentrations of historic buildings worthy of designation as historic
districts. This Article provides mechanisms to promote historic preservation in
PBC by the designation of historic sites and districts, and the regulation of
construction and demolition of historic sites and within historic districts.
1. If the BCC approves the nomination of a
property for designation as a historic site or group of properties for
designation as a historic district, said site or district shall be listed on
the PBC Register of Historic Places and recorded in the official records of
PBC. The PBC Register of Historic Places shall be administered by the BCC.
2. The BCC shall issue an official Certificate
of Historic Significance to the owner of properties listed individually on the
PBC Register of Historic Places or judged as contributing to the character of a
historic district listed on the PBC Register of Historic Places. The County
Administrator, or his/her appointee, is authorized to issue and place official
signs denoting the geographic boundaries of each historic district listed on
the PBC Register of Historic Places.
1. To qualify as a designated historic
site(s)/structure(s) or historic district(s), individual properties,
structures, sites or buildings, or groups of properties, structures, sites or
buildings, the proposed site or district shall meet one or more of the
following criteria: [Ord. 2008-037]
a. is associated in a significant way with the
life or activities of a major person important in PBC, the State or National
history, (i.e., the homestead of a local founding family); or
b. is the site of a historic event with
significant effect upon PBC, the State or Nation; or
c. is associated in a significant way with a
major historic event whether cultural, economic, military, or political; or
d. exemplifies the historic, political,
cultural, or economic trends of the community in history; or
e. is associated in a significant way with a
past or continuing institution which has contributed to the life of PBC;
f. portrays the environment in an era of
history characterized by one or more distinctive architectural styles; or
g. embodies those distinguishing characteristics
of an architectural style, period or method of construction; or
h. is a historic or outstanding work of a
prominent architect, designer, landscape architect, or builder; or
i. contains elements of design, detail,
material or craftsmanship of outstanding quality or which represented, in its
time, a significant innovation or adaptation to the South Florida environment.
2. A building, structure, site, or district will
be deemed to have historic significance if, in addition to, or in the place of
the previously mentioned criteria, the building, structure, site, or district
meets the historic development standards as defined by and listed in the
regulations of and criteria for the National Register of Historic Places, as
prepared by the U.S. Department of the Interior under the Historic Preservation
Act of 1966, as amended.
3. Properties not generally considered eligible
for designation include cemeteries, birthplaces or graves of historic figures,
properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, buildings or
sites primarily commemorative in nature, reconstructed historic buildings, and
properties that have achieved significance less than 50 years prior to the date
the property is proposed for designation. However, such properties will qualify
if they are integral parts of districts that do meet the previously described
criteria or if they fall within one or more of the following categories.
a. A religious property deriving primary
significance from architectural or artistic distinction of historic importance.
b. A building or structure removed from its location
but which is primarily significant for architectural value, or is the surviving
structure most importantly associated with an historic event or person.
c. A birthplace or grave of a historic figure of
outstanding importance if there is no other appropriate site or building
directly associated with his/her productive life.
d. A cemetery which derives its primary
significance from graves of persons of transcendent importance, from age,
distinctive design features, or from association with historic events.
e. A property primarily commemorative in nature
if design, age, tradition or symbolic value have invested it with its own
historic significance.
f. A building, structure, site or district
achieving significance less than 50 years from the date it is proposed for
designation if it is of exceptional historic importance.
1. Applications for historic site or district
status may only be initiated by the BCC, the HRRB or the property owner of an
individual site. A neighborhood or community association may initiate an
application for historic district status. Application for historic district or
historic site status for public property may also be initiated by any resident
of PBC.
2. Upon receipt of an application for historic
or district site status, the Department shall conduct a preliminary evaluation
of the application to determine whether or not it has sufficient information to
process the application. The Department shall make the determination that an
application is sufficient within ten working days of receipt of an application.
If the application is not sufficient to process, the Department shall specify
what additional information is necessary.
3. In the event the application as submitted is
sufficient, the Department shall prepare a Designation Report for consideration
at the next schedule HRRB meeting which shall contain the following
information:
a. Proposed legal boundaries of the historic
building, archaeological site, structure, or district; and,
b. Any proposed waiver of development
regulations per Art.
9.B.4.B, Waiver of the Code Provisions.
c. Any conditions beyond the standards contained
in the Code or conditions based on the standards of Article
9.B.4.A, Development Standards For Historic Districts and Sites.
d. An analysis of historic significance and
character of the nominated property; and,
e. An analysis of public historic interiors for
those buildings and structures with interior features of exceptional
architectural, aesthetic, artistic or historic significance of those buildings
which have public access.
1. After the Department prepares its Designation
report, the HRRB shall conduct a public hearing to evaluate and receive
comments regarding the application.
2. The Department shall transmit, by certified
mail, a copy of the designation report and a notice of public hearing to the
property owner(s) of record as of the date of nomination. This notice shall
serve as notification of the intent of the HRRB to consider designation and
must be mailed at least 30 calendar days prior to the public hearing. In
addition, all property owners within a 300 foot radius of the nominated site or
district shall be sent courtesy notice of the public hearing. However, failure
to receive such courtesy notice shall not invalidate the hearing. Notice shall
also be provided by publishing a copy thereof in a newspaper of general
circulation in PBC at least ten calendar days prior to the date of the hearing.
All interested parties shall be given an opportunity to be heard at the public
hearing.
3. After a public hearing, the HRRB shall vote
on the designation within 45 calendar days at a public meeting. [Ord. 2008-037]
4. The BCC shall hold a public hearing at the
next available meeting to consider the recommendation of the HRRB regarding the
designation of historic sites and districts.
5. At the conclusion of the public hearing the
BCC shall consider the application, all relevant support materials, the
Designation Report, the recommendations of the HRRB and the standards contained
in Article
9.B.4.A, Development Standards For Historic Districts and Sites, thereby
adopting a resolution enacting or denying the historic district or site
designation. The resolution designating a historic site shall be approved or
denied by not less than a majority of the quorum present unless an affected
property owner objects to the designation of a historic site, in which case a
majority of the total membership of the BCC is required to approve the
designation. The BCC shall take no action upon a proposed district designation
if a majority of property owners in the proposed district or the owners of a
majority of the land area in the proposed district object in writing filed with
the BCC before the hearing. The identity of the property owners shall be
determined by PBC property tax roll. The resolution designating the historic
site or historic district shall be recorded in the public records of PBC,
Florida. The designation shall be noted on the Official Zoning Atlas by placing
the designation H on the appropriate atlas page and indicating the boundaries
of the historic district or site on the Zoning Atlas.
6. Any agency with authority to issue demolition
permits shall be notified of all historic site or district designations. No
later than 18 months after the first property or district is designated
pursuant to this Code, PBC shall amend the Plan to include an inventory of
historic district boundaries and historically significant structures designated
pursuant to this ordinance. Subsequent to the initial inclusion of the historic
inventory in the Plan, the inventory shall be updated consistent with
provisions for evaluation and appraisal of the Plan as provided in F.S.§
163.3191, and submitted to the Florida Department of State for inclusion
into the FMSF.
1. The HRRB shall utilize the most recent U.S.
Secretary of the Interior's Standards for Rehabilitation as the standards by
which applications for Certificate of Appropriateness are to be evaluated.
2. Applications for Certificates of
Appropriateness must be made on forms approved and provided by the HRRB.
Applications must be accompanied by appropriate site plans, scaled drawings,
architectural drawings, photographs, sketches, descriptions, renderings,
surveys, documents or any other pertinent information the HRRB may require to
understand the applicant's planned alteration, construction, reconstruction,
relocation, restoration, renovation, or demolition.
3. The application shall be submitted to PZB for
review by the HRRB with a non-refundable application fee that is established by
the BCC from time to time to defray the actual costs of processing the
application.
4. An applicant may request a pre-application
conference with the HRRB or appropriate PBC staff members to obtain information
and guidance regarding the application process. The HRRB may designate
subcommittees of at least one member to hold these conferences with potential
applicants. The purpose of the pre-application conference will be to discuss
and clarify preservation objectives and HRRB regulations and guidelines and any
other questions which may arise during the Certificate of Appropriateness
process. If at least two HRRB members are present, these conferences shall be
public meetings subject to appropriate public meetings laws and notice
requirements. However, in no case will any statement or representation made
prior to official HRRB review of an application bind the HRRB, the BCC or any
PBC departments regarding for the certification process.
5. If or when the application is determined
sufficient, the Executive Director of PZB shall place the application on the
agenda of the next available meeting of the HRRB. The HRRB shall receive an
application at least 30 days prior to the public hearing. If no meeting of the
HRRB is scheduled within 60 days of the date an application is determined
sufficient, a special meeting shall be scheduled by the chairperson.
6. If it is determined that the application is
not sufficient, written notice shall be delivered to the applicant specifying
the deficiencies. The Executive Director of PZB shall take no further action on
the application until the deficiencies are remedied. If the applicant fails to
correct the deficiencies within 20 working days, the application shall be
considered withdrawn.
7. The HRRB shall act upon the application
within 60 days of the determination of an application sufficiency. Nothing
herein will prohibit a continuation of a hearing on an application which the
applicant requests or to which the applicant consents.
8. The HRRB may advise the applicant and make
recommendations in regard to the appropriateness of the application. The HRRB
may delay final action until its next regularly scheduled meeting, or, if the
HRRB so chooses and the applicant agrees, until a special meeting to be held
within 14 calendar days of the meeting at which the application was first
considered. In no case will the HRRB delay taking action by approving, denying,
or deferring any application more than 30 calendar days after such application
is formally brought before the HRRB.
9. The HRRB may approve, modify or deny an
application for a Certificate of Appropriateness. For purposes of granting a
Certificate of Appropriateness, the HRRB shall have access to the designated
site. If the HRRB approves the application, a Certificate of Appropriateness
shall be issued. The issuance of a Certificate of Appropriateness shall not
relieve the applicant from obtaining other Development Permits, Orders and
Approvals required by PBC. A Development
Permit shall be invalid if it is obtained without the Certificate of Appropriateness
required for the work. Construction for which a Certificate of Appropriateness
is issued shall commence within 18 months from the date of issuance, and said
certificate shall expire if 25 percent of the approved improvements have not
been completed within 24 months from the date of issuance. The HRRB may not
approve extensions for Certificates of Appropriateness. If the HRRB denies the
application, a Certificate of Appropriateness shall not be issued. The HRRB
shall state its reasons for denial in writing and present these written reasons
to the applicant within ten calendar days of the HRRB's denial. [Ord.
2010-022]
10. Within 30 days of a written decision by the
HRRB regarding an application for a Certificate of Appropriateness, an
aggrieved party may appeal the decision by filing a written notice of appeal
and pay a filing fee, established by the BCC, with the Clerk of the BCC. A copy
of the notice of appeal shall be filed with the Executive Director of PZB. The
notice of appeal shall state the decision which is being appealed, the grounds
for the appeal, and a brief summary of the relief which is sought. Within 45
days of the filing of the appeal or the first BCC meeting which is scheduled,
whichever is later in time, the BCC shall conduct a public hearing at which
time they may affirm, modify or reverse the decision of the Department. The
applicant shall be notified by certified mail, return receipt requested, of the
date, time, and place of such hearing. At this hearing, the appealing party shall
set forth the alleged inconsistencies or non-conformities with procedures or
criteria set forth in this Code; however, no new material or evidence shall be
presented to or considered by the BCC. The BCC shall vote to approve, modify or
overrule the decision of the HRRB. The decision of the BCC shall be in writing
and a copy of the decision shall be forwarded to the appealing party. An
applicant may appeal a final decision of the BCC within 30 days of the
rendition of the decision by filing a petition for writ of certiorari in
Circuit Court of the Fifteenth Judicial Circuit in and for PBC, Florida.
1. For the purpose of this Ordinance, exterior
architectural features shall include those characteristics as defined in this
Article.
2. A historic building, structure, appurtenance,
site or district shall only be moved, reconstructed, altered or maintained in
accordance with this ordinance in a manner that will preserve the historic and
architectural character of the historic building, structure, appurtenance, site
or district.
3. In considering proposals for alterations to
the exterior of historic buildings and structures and in applying development
and preservation standards, the documented, original design of the building may
be considered, among other factors.
4. A historic site, building, structure,
archaeological site, improvement, or appurtenance either within a historic
district or individually designated, shall only be altered, restored,
preserved, repaired, relocated, demolished, or otherwise changed in accordance
with the Secretary of the Interior's Standards for Rehabilitation, as same may
be amended from time to time.
5. Relocation of historic buildings and
structures to other sites shall not take place unless it is shown that their
preservation on their existing or original sites is inconsistent with the
purposes of this Ordinance or would cause undue economic hardship to the
property owner. Relocation of any structures shall not affect the designation
of an underlying archaeological site.
6. Demolition of historic sites, or buildings,
structures, improvements and appurtenances within historic districts shall be
regulated by the HRRB in the manner described in Article
9.B.4.D, Demolition of Designated Historic Sites and Within Historic
Districts, of this Code.
7. The construction of new buildings or
structures, or the relocation, alteration, reconstruction, or major repair or
maintenance of a non-contributing building or structure within a designated
historic district shall meet the same compatibility standards as any material
change in the exterior appearance of an existing contributing building. Any
material change in the exterior appearance of any existing non-contributing
building, structure or appurtenance in a designated historic district shall be
generally compatible with the form, proportion, mass, configuration, building
material, texture, color and location of historic buildings, structures, or
sites adjoining or reasonably proximate to the contributing building, structure
or site.
8. All improvements to buildings, structures and
appurtenances within a designated historic district shall be visually
compatible. Visual compatibility shall be defined in terms of the following
criteria:
a. Height
The height of proposed
buildings or modifications should be visually compatible in comparison or
relation to the height of existing structures and buildings.
b. Front
Facade Proportion
The front facade of
each building or structure should be visually compatible with and in direct
relationship to the width of the building and to the height of the front
elevation of other adjacent or adjoining buildings within a historic district.
c. Proportion
of Openings - Windows and Doors
The openings of any
building within a historic district should be visually compatible with the
openings exemplified by the prevailing historic architectural styles within the
district. The relationship of the width of windows and doors to the height of
windows and doors among buildings within the district should be visually
compatible.
d. Rhythm
of Solids to Voids - Front Facades
The relationship of solids
to voids in the front facade of a building or structure should be visually
compatible with the front facades of historic buildings or structures within
the district.
e. Rhythm
of Buildings on Streets
The relationship of
building(s) to open space between it or them and adjoining building(s) should
be visually compatible with the relationship between historic sites, buildings
or structures within a historic district.
f. Rhythm
of Entrance and/or Porch Projections
The relationship of
entrances and porch projections to the sidewalks of a building should be
visually compatible with the prevalent architectural styles of entrances and
porch projections on historic sites, buildings and structures within a historic
district.
g. Relationship
of Materials, Texture and Color
The relationship of
materials, texture and color of the facade of a building should be visually
compatible with the predominant materials used in the historic sites, buildings
and structures within a historic district.
h. Roof
Shapes
The roof shape of a
building or structure should be visually compatible with the roof shape(s) of a
historic site, building or structure within a historic district.
i. Walls
of Continuity
Appearances of a
building or structure such as walls, wrought iron, fences, evergreen landscape
masses, or building facades, should form cohesive walls of enclosure along a
street to insure visual compatibility of the building to historic buildings,
structures or sites to which it is visually related.
j. Scale
of a Building
The size of a building,
the building mass in relation to open spaces, windows, door openings, balconies
and porches should be visually compatible with the building size and building
mass of historic sites, buildings and structures within a historic district.
k. Directional
Expression of Front Elevation
A building should be
visually compatible with the buildings, structures and sites in its directional
character: vertical, horizontal or non-directional.
The HRRB may recommend
that the BCC approve a waiver of Code requirements for designated historic
resources or contributing properties to a designated historic district. The
waiver may occur concurrently with the designation process or may be requested
regarding any property subject to the historic site or district designation.
Waivers may include setbacks, lot width, depth, area requirements, height
limitations, open space requirements, vehicular requirements, design
compatibility requirements, nonconforming provisions pursuant to Article
1.F.1.B.4, Exemption for all Designated Historic Sites/Structures by the
BCC and other similar
development regulations other than changes in permitted uses, density
increases, or waiver of environmental or health standards. [Ord.
2010-022]
a. Findings
Before granting a
waiver of Code requirements, the HRRB shall recommend and the BCC shall make a
finding that all of the provisions 1 thru 5 have been satisfied: [Ord.
2010-022]
1) that the waiver will be in harmony with the
general appearance and character of the community; [Ord.
2010-022]
2) that the waiver will not be injurious to the
area involved or otherwise detrimental to the public health, safety or
welfare; [Ord. 2010-022]
3) that the project is designed and arranged on
the site in a manner that minimizes aural and visual impact on the adjacent
properties while affording the owner(s) a reasonable use of their land;
and [Ord.
2010-022]
4) the waiver is the minimum necessary to allow
reasonable use of the property while maintaining the historic attributes of the
property. [Ord. 2010-022]
5) existing uses and structures proposing
maintenance, renovation and natural disaster damage repair shall receive
special consideration from the nonconforming limitations when maintaining a
designated historic site or building. [Ord. 2010-022]
2. In approving a waiver, the BCC may prescribe
any appropriate conditions necessary to protect and further the interests of
the area and abutting properties, including but not limited to:
a. landscape materials, walls and fences as
required buffering;
b. modifications of the orientation of any
openings; and
c. modifications for site arrangements.
3. The waiver shall be incorporated into the
resolution designating the historic site or district with conditions and
standards applicable to the property or district. If the waiver process occurs
separately from the designation process, the notification and public hearings
procedures required for historic designation shall be followed and a resolution
approving the waiver shall be recorded in the public records of PBC, Florida.
a. No building, structure, appurtenance,
improvement or landscape feature within PBC, which has been designated a
historic site, pursuant to Article
9.B.2.B, Criteria for Designation of Historic Sites and Districts, shall be
erected, altered, restored, renovated, excavated, relocated, or demolished
until a Certificate of Appropriateness regarding any exterior architectural
features, landscape feature, or site improvements has been issued by the HRRB
pursuant to the procedures of this Ordinance.
b. A Certificate of Appropriateness shall be
required for the erection, alteration, restoration, renovation, excavation,
relocation, or demolition of any building, structure or appurtenance within any
historic district established by PBC.
c. A Certificate of Appropriateness shall be
required for any material change in existing walls, fences and sidewalks,
change of color, or construction of new walls, fences and sidewalks.
d. Landscape features. Landscape features and
site improvements shall include, subsurface alterations, site regrading, fill
deposition, paving, landscaping walls, fences, courtyards, signs, and exterior
lighting.
e. Plan approval required. No Certificate of
Appropriateness shall be approved unless the architectural plans for said
construction, reconstruction, relocation, alteration, excavation, restoration,
renovation, or demolition has been approved by the HRRB.
a. A Certificate of Appropriateness shall not be
required for general and occasional maintenance and repair of any historic
building, structure or site, or any building or structure within a historic
district, except where proscribed or regulated by archaeological considerations.
b. A Certificate of Appropriateness shall not be
required for any interior alteration, construction, reconstruction, restoration
or renovation. General and occasional maintenance and repair shall include lawn
and landscaping care and minor repairs that restore or maintain the historic
site or current character of the building or structure. General and occasional
maintenance and repair shall also include any ordinary maintenance which does
not require a building permit from the County. General and occasional
maintenance and repair shall not include any of the activities described in Article
9.B.4.C.1, Activities Requiring Certificate of Appropriateness, above, nor
shall it include exterior color change, addition or change of awnings, signs,
or alterations to porches and steps or other alterations which require
excavation or disturbance of subsurface resources.
1. Public agencies having the authority to
demolish unsafe structures shall receive notice of designation of individual
sites, districts, pursuant to Article
9.B, Historic Preservation Procedures. The HRRB shall be deemed an interested
party and shall be entitled to receive notice of any public hearings conducted
by said public agency regarding demolition of any designated property. The HRRB
may make recommendations and suggestions to the public agency and the owner(s)
relative to the feasibility of and the public interest in preserving the
designated property.
2. A Certificate of Appropriateness for
demolition shall not be required when a building, structure or appurtenance
designated as a historic site, or a contributing building, structure or
appurtenance within a designated historic district, has been condemned by PBC.
A demolition permit shall not be issued unless the HRRB has been notified of
the proposed demolition and provided an opportunity to provide input as
provided in Article
9.B.4.D, Demolition of Designated Historic Sites and Within Historic
Districts.
3. In the event the HRRB determines that a
historic site is in the course of being demolished by neglect, it shall notify
the owner of record of such preliminary finding stating the reason therefore
and shall give the owner of record 30 calendar days from the date of notice in
which to commence work rectifying the evidences of neglect cited by the HRRB.
Such notice shall be accomplished in the following manner:
a. by certified mailing to the last known
address of the owner of record, or
b. in the event the procedure outlined in Article
9.B.4.D, Demolition of Designated Historic Sites and Within Historic
Districts above is not successful, then by attaching such notice to the
historic site twice within a week.
c. upon the owner of record's failing to
commence work within 30 calendar days of such notice, the HRRB shall notify the
owner of record in the manner provided above to appear at the next public
hearing of the HRRB. The HRRB shall cause to be presented at said public
hearing the reasons for the notice, and the owner of record shall have the
right to present any rebuttal thereto. If, thereafter, the HRRB shall determine
that the historic site is being demolished by neglect, the HRRB shall forward a
complaint to the Code Enforcement Division for action.
4. When an applicant seeks a Certificate of
Appropriateness for the purpose of demolition of a non-condemned, contributing
building, structure or appurtenance, the applicant must satisfactorily
demonstrate to the HRRB the applicant's plans to improve the property.
5. The HRRB's refusal to grant a Certificate of
Appropriateness for the purpose of demolition will be supported within 15
calendar days by a written statement describing the public interest that the
HRRB seeks to preserve.
6. The HRRB may grant a Certificate of
Appropriateness for demolition which may provide for a delayed effective date
of up to six months from the date of HRRB's action. The effective date of the
certificate will be determined by the HRRB based on the relative significance
of the structure and the probable time required to arrange a possible
alternative to demolition. The HRRB may delay the demolition of designated
historic sites and contributing buildings within historic districts for up to
six months, while demolition of non-contributing buildings within historic
districts may be delayed for up to three months.
7. During the demolition delay period, the HRRB
may take such steps as it deems necessary to preserve the structure concerned.
Such steps may include, but not be limited to, consultation with community
groups, public agencies, and interested citizens, recommendations for
acquisition of property by public or private bodies or agencies, and
exploration of the possibility of moving one or more structures or other features.
8. In connection with any Certificate of
Appropriateness for demolition of buildings, structures or appurtenances as
defined in this Article, the HRRB may request the owner, whether public or
private, at the owner's expense, to salvage and preserve specified classes of
building materials, architectural details and ornaments, fixtures, and the like
for reuse in the restoration of other historic properties. The HRRB may
require, at the owner's expense, recording of the historic resource's details
for archival purposes prior to demolition by an interested, qualified,
non-profit group(s) selected by the HRRB. The recording may include, but will
not be limited to, photographs, documents, and scaled architectural drawings.
The HRRB may also require the owner, at the owner's expense, to excavate,
record, and conserve archaeological resources threatened by the alterations so
permitted. With the owner's consent, an interested, qualified, non-profit group
selected by the HRRB may salvage and preserve building materials, architectural
details and ornaments, textures and the like at their expense respectively.
9. The HRRB shall consider, at a minimum, the
guidelines listed below in evaluating applications for a Certificate of
Appropriateness for demolition of designated historic sites or buildings,
structures or appurtenances within designated historic districts:
a. Is the structure of such interest or quality
that it would reasonably fulfill criteria for designation for listing on the
National Register?
b. Is the structure of such design, texture,
material, detail, size, scale, or uniqueness of location that it could be
reproduced only with great difficulty and/or economically unreasonable expense?
c. Is the structure one of the few remaining
examples of its kind in the neighborhood, PBC or designated historic district?
d. Would retaining the structure promote the
general welfare of PBC by providing an opportunity to study local history,
architecture and design, or by developing an understanding of the importance
and value of a particular culture and heritage?
e. Are there definite plans for immediate reuse
of the property if the proposed demolition is carried out, and what effect will
those plans have on the architectural, historic, archaeological, or
environmental character of the surrounding area and district?
f. Does the building or structure contribute
significantly to the historic character of a designated historic district and
to the overall ensemble of buildings within the designated historic district?
g. Have reasonable measures been taken to save
the building from further deterioration, collapse, arson, vandalism or neglect?
h. Has demolition of the designated building or
structure been ordered by the appropriate public agency due to unsafe
conditions?
10. Notice of application for demolition shall be
posted on the premises of the building, structure or appurtenance proposed for
demolition in a location and manner clearly visible from the street by the
applicant using sign provided by PZB. Such notice shall be posted within three
working days of receipt of the application for demolition by the HRRB.
11. Notice of demolition shall also be published
in a newspaper of general circulation at least three times prior to demolition,
the final notice of which shall not be less than 15 calendar days prior to the
date of the issuance of the demolition permit. The first notice shall be
published not more than 15 calendar days after the application for a
Certificate of Appropriateness for demolition is filed with the HRRB.
The HRRB shall consider
the following criteria for applications for Certificates of Appropriateness for
the relocation of all historic resources and contributing properties or
historic resources and contributing properties located within a designated
historic district.
1. The historic character of the building or
structure contributes to its present setting.
2. The reasons for the proposed move.
3. The proposed new setting and the general
environment of the proposed new setting.
4. Whether the building or structure can be
moved without significant damage to its physical integrity, or change in or
loss of significant characteristics. Elements removed in order to move the
building or structure shall be replaced following relocation.
5. Whether the proposed relocation site is
compatible with the historical and architectural character of the building or
structure.
6. When applicable, the effect of the move on
the distinctive historical and visual character of a designated historic
district.
7. The effect of relocation on subsurface
resources.
Applications for
amendments to existing designated historic sites or designated historic
districts shall be processed according to the provisions and procedures, of Article
9.B.3, Procedures, of this Code. Where the HRRB has issued a Certificate of
Appropriateness for demolition or relocation, the historic designation
classification shall only be changed through the amendment process as described
herein.
No decision of the HRRB
shall result in undue economic hardship for the property owner. The HRRB shall
have the authority to determine the existence of such hardship in accordance
with the criteria for undue economic hardship set forth in this Code. In any
instance where there is a claim of undue economic hardship as defined in the
Code, the property owner may submit, by affidavit, to the HRRB, at least 15
calendar days prior to the public hearing, the following information.
1. For all property:
a. the amount paid for the property, the date of
purchase, or other means of acquisition, such as gift or inheritance, and the
party from whom purchased;
b. the assessed value of the land and
improvements thereon, according to the two most recent assessed valuations;
c. real estate taxes for the previous two years;
d. annual debt service, or mortgage payments, if
any, for the previous two years;
e. all appraisals, if any, obtained within the
previous two years by the owner(s) or applicant(s) in connection with the
purchase, financing or ownership of the property; and
f. any information that the property is not
marketable or able to be sold, considered in relation to any listing of the
property for sale or rent, price asked, and offers received, if any, within the
previous two years, including testimony and relevant documents regarding:
1) any real estate broker or firm engaged to
sell or lease the property;
2) reasonableness for the price or rent sought
by the applicant; and
3) any advertisements placed for the sale or
rent of the property.
g. Any information regarding the infeasibility
of adaptive or alternative uses for the property that can earn a reasonable
economic return for the property as considered in relation to the following:
1) a report from a registered professional
engineer in the State of Florida or an architect with experience in
rehabilitation as to the structural soundness of any structures on the property
and their suitability for rehabilitation;
2) an estimate of the cost of construction,
alteration, demolition, or removal, and an estimate of any additional cost that
would be incurred to comply with the recommendation and decision of the HRRB
concerning the appropriateness of the proposed alterations;
3) the estimated market value of the property in
the current condition, after completion of the demolition, after completion of
the proposed construction, and after renovation of the existing property for
continued use;
4) in the case of a proposed demolition, the
testimony of an architect, developer, real estate consultant, appraiser, or
other real estate professional experienced in rehabilitation as to the economic
feasibility of rehabilitation or use of the existing structure on the property;
5) financial documentation of the ability to
complete the replacement project which may include but is not limited to a
performance bond, a letter of credit, or letter of commitment from a financial
institution; and
6) the current fair market value of the
property, as determined by at least two independent certified appraisals.
h. Any State or Federal income tax returns
relating to the property for the past two years; and
i. Any other information the applicant feels is
relevant to show extreme economic hardship.
2. For income property (actual or potential):
a. annual gross income from the property for the
previous two years, if any;
b. depreciation, deduction and annual cash flow,
if any, for the previous two years before and after debt service;
c. status of leases, rentals or sales for the
previous two years;
d. itemized operating and maintenance expenses
for the previous two years, including proof that adequate and competent
management procedures were followed; and
e. any other information, including the income
tax bracket of the owner, applicant, or principal investors in the property,
considered necessary by the HRRB to a determination as to whether the property
does yield or may yield a reasonable return to the owners.
3. The applicant shall submit all necessary
materials to the HRRB staff by the closing date for the next scheduled HRRB
hearing in order that staff may review the documentation. The staff comments
shall be forwarded to the HRRB for review and made available to the applicant
for consideration prior to the hearing.
4. In the event that any of the required
information is not reasonably available to the property owner and cannot be
obtained by the property owner, the property owner shall file with his/her
affidavit, a statement of the information which cannot be obtained and the
reasons why such information cannot be reasonably obtained. Where such
unobtainable information concerns required financial information, the property
owner will submit a statement describing estimates which will be as accurate as
are feasible.
5. The HRRB may require that an applicant
furnish such additional information as the HRRB believes is relevant to the
HRRB's determination of any alleged undue economic hardship. The HRRB may also
require, in appropriate circumstances, that information be furnished under oath.
Where the HRRB
determines that any improvements within the exterior of a designated historic
site, or within a designated historic district, are endangered by lack of ordinary
maintenance and repair, or of deterioration, or that other improvements in
visual proximity to a designated site or designated historic district are
endangered by lack of ordinary maintenance and repair, or of deterioration, to
such an extent that it detracts from the desirable character of the designated
historic site or designated historic district, the HRRB shall request
appropriate officials or agencies of the PBC government to require correction
of such deficiencies under the authority and procedures of applicable
ordinances, laws, and regulations.
Violators of this
Article shall be subject to a hearing before the PBC Code Enforcement Special
Master. The Code Enforcement Special Master may require any person deemed to be
in violation of this Ordinance to repair or cause to be repaired, or otherwise
restore, the subject improvement, building, site structure, appurtenance,
landscape or design feature to its appearance as it existed prior to the action
taken by the violator which caused the violation. Further, if the Code
Enforcement Special Master finds that a willful violation of this Code has
occurred, PBC shall fine the violator a fine of up to $500.00 per day or impose
imprisonment in the county jail not to exceed 60 days or by both fine and
imprisonment as provided in F.S.§125.69.
Stat. In addition to the sanctions contained above, PBC may take any other
appropriate legal action, including, but not limited to, requests for temporary
and/or permanent injunctions to enforce the provisions of this Article.
Amendment
History:
[Ord. 2003-067; January 2, 2004] [Ord.
2005-002; February 2, 2005] [Ord.
2008-037; September 4, 2008] [Ord. 2010-022; September 1, 2010] [Ord. 2017-007;
March 2, 2017] [Ord. 2018-018; August 29, 2018]