Washington Park Neighborhood Preservation and Enhancement Dist.

Neighborhood Enhancement Plan Admendment

Aug 18, 2003

ORDINANCE NO. 2003-
AN ORDINANCE OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION VIII OF THE WASHINGTON PARK NEIGHBORHOOD ENHANCEMENT PLAN RELATING TO STRATEGIES TO IMPLEMENT THE PLAN; CREATING A NEW SECTION IX PROVIDING FOR DESIGN STANDARDS FOR CONSTRUCTION OF NEW SINGLE FAMILY HOMES; CREATING A NEW SECTION X PROVIDING FOR COMPLIANCE WITH THE WASHINGTON PARK NEIGHBORHOOD ENHANCEMENT PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

WHEREAS, the Board of County Commissioners adopted Ordinance No. 2001-07 authorizing the creation of the Washington Park Neighborhood Preservation and Enhancement District; and
WHEREAS, the residents of the Washington Park Neighborhood Preservation and Enhancement District created a Neighborhood Council; and
WHEREAS, the Neighborhood Council and Broward County staff prepared a Neighborhood Enhancement Plan; and
WHEREAS, the Washington Park Neighborhood Enhancement Plan was adopted as Ordinance No. 2002-44 by the Broward County Board of County Commissioners on October 8, 2002; and
WHEREAS, the Neighborhood Council has requested that the Neighborhood Enhancement Plan be amended to revise the section relating to modifications to existing single family homes and to include design standards for new single family homes; and
WHEREAS, the County wishes to clarify that the additional design standards shall not apply to modifications and improvements to existing single family houses if building permit applications have been submitted prior to the adoption date of the new standards; and
WHEREAS, the County will be responsible for ensuring compliance with the adopted design standards; and
WHEREAS, the Neighborhood Council held a public hearing on January 9, 2003, which was continued to January 23, 2003, to allow input from the residents of the Washington Park Neighborhood Preservation and Enhancement District regarding the proposed design standards; and
WHEREAS, the Neighborhood Council held an additional public hearing on July 24, 2003, to allow additional input from the residents of the Washington Park Neighborhood Preservation and Enhancement District regarding the proposed amendments to the Enhancement Plan; NOW, THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA:
Section 1. Section VIII Strategies to Implement and Evaluate the Plan is hereby amended to read as follows:
VIII. Strategies to Implement and Evaluate the Plan
1. The Neighborhood Council shall utilize the powers delineated in Section 163.526, Florida Statutes and conveyed to the Neighborhood Council by the Board of County Commissioners at the time of adoption of the Neighborhood Enhancement Plan for Washington Park.
2. The neighborhood standards may be amended from time to time by ordinance of the local government with jurisdiction over the area. Section 163.524(11), Florida Statutes.
3. There shall be no activity within the Enhancement District which is in violation of any applicable federal, state or local government law, rule or regulation.
4. Additions/Modifications to the Exterior of Any House existing Single Family Home or Storefront within the Enhancement District.
(a) Changes affecting the appearance of the exterior of buildings, such as but not limited to garages, carports, heat pumps, decorations, awnings, television and radio antennas, signs, screens, porch and room additions, decks, docks, air conditioning equipment or similar changes may be made only with the consent of the Neighborhood Council and in accordance with and applicable ordinances and building codes. Any exterior modification or addition to an existing single family home site shall comply with all of the standards in Section IX, Policy 1 except for Standard 3. relating to minimum floor area.
(b) The Neighborhood Council shall establish criteria may recommend that additional design standards be established for the approval or disapproval of such additions or modifications, which may be amended from time to time. Such additional design standards shall be forwarded to the County for consideration of inclusion of such standards in the Plan. Amendment of the approval criteria shall not affect improvements or modifications which received previous approval from the Neighborhood Council. The inclusion of such additional design standards into the Plan shall not affect applications for building permits for improvements or modifications to single family homes if the building permit applications are submitted prior to the adoption date of the ordinance including such additional design standards.
(c) The Neighborhood Council may, at its discretion, delegate its authority to approve or disapprove exterior amendments and modifications recommend the establishment of additional design standards to a duly authorized committee of the Washington Park Civic Association or Lafayette Hart Park Civic Association.
5. Requirement of Owners when Leasing or Renting Property.
Within fifteen (15) days of entering into an agreement to rent or lease property within the Enhancement District, property owners shall be required to notify the Neighborhood Council in writing. The notice shall include the name and phone number of the lessee. All leases entered into after the effective date of the Neighborhood Enhancement Plan must contain clauses that bind lessee(s) to abide by the bylaws and rules of Washington Park Neighborhood Enhancement Plan. The owner shall provide the lessee(s) with a copy of the bylaws and rules of the Neighborhood Enhancement Plan within seven (7) days of the signing of the lease.
6. Enforcement of Neighborhood Enhancement Plan Rules and Regulations.
(a) If a person believes that a violation of the rules or bylaws of the Neighborhood Enhancement Plan has taken place, complaints concerning the alleged violation must be made in writing to the Street Captains or Neighborhood Council. If the Neighborhood Council determines that the complaint is a violation of the Neighborhood Enhancement Plan and neighborhood standards, it shall notify the complainant in writing as to the action that shall be taken to address the complaint.
(b) When a violation is reported in writing to the Street Captains or Neighborhood Council, the alleged violation shall receive a written warning from the Neighborhood Council setting forth the nature of the violation and required action to correct the violation.
(c) If the violation continues seven (7) days after the first warning has been issued, including weekends and holidays, or recurs within seven (7) days of the warning, including weekends and holidays, a second warning shall be issued.
(d) If within five (5) days of the second warning, including weekends and holidays, the violation does not cease, the Neighborhood Council shall notify the designated code enforcement officer of the violation.
(e) During the warning period, an alleged violator may request a hearing before the next scheduled meeting of the Neighborhood Council. If the Neighborhood Council, determines that no violation exists, it shall take no further action. If the Neighborhood Council determines that a violation does exist, it shall contact the designated code enforcement officer.
(f) In addition to the penalties provided in Section 8?½ -16 of the Broward County Code of Ordinances, a violation of the Neighborhood Enhancement Plan may be prosecuted in the same manner as a violation of County ordinances through the County?’s code enforcement boards or hearing officers. The code enforcement boards and hearing officers may assess penalties of up to $250 per day for a first violation and up to $500 per day for repeat violations, for each day the violation remains beyond the date the board or hearing officer sets for compliance. (Chapter 162, Florida Statutes)
(g) Penalties imposed, as well as costs, shall be incurred by the offending property owner, even if the violation was performed by the owner?’s lessee(s).
7. Exemption.
Any single family house existing at the time of the adoption of this ordinance which is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of rebuilding, repair and reconstruction will exceed fifty-one percent (51%) of the replacement cost of the same single family house shall not be reconstructed except in conformity with Standards 1, 2, 4, 5, 6 and 7 as set forth in Section IX, Policy 1. of this Plan.
Section 2. The Washington Park Enhancement Plan is hereby amended to add a new Section IX as follows:
IX. BUILDING DESIGN STANDARDS FOR CONSTRUCTION OF NEW SINGLE FAMILY HOUSES.

Policy 1. The Washington Park Neighborhood Council wishes to set building design standards for construction of new single family homes.
Standard 1. All new single family houses shall be required to have garages or carports designed as an integral part of the structure. Canopies and nonstructural or detached garages and carports shall not be permitted.
Standard 2. All driveways and walkways, including that portion in the public right-of-way, shall be concrete or brick pavers. Asphalt shall not be permitted in these areas.
Standard 3. New single family homes shall have a minimum floor area of at least fourteen hundred (1400) square feet of living space.
Standard 4. Flat roofs over garages, carports, porches, patios and living spaces shall be prohibited.
Standard 5. Irrigation for landscaping shall be required for front, side and rear yards.
Standard 6. Fences, hedges or walls shall not be erected, planted or maintained at a height greater than forty-eight (48) inches in the front yard.
Standard 7. Fences or walls in the front yard shall not be chain link, solid wood (including shadow box fences) or solid concrete/CBS block.
X. COMPLIANCE WITH THE WASHINGTON PARK NEIGHBORHOOD ENHANCEMENT PLAN.

Broward County shall be responsible for ensuring compliance with the Washington Park Neighborhood Enhancement Plan including issuance of building permits consistent with Section IX of this Plan.
Section 3. SEVERABILITY.
If any portion of this Ordinance is determined by any Court to be invalid, the invalid portion shall be stricken, and such striking shall not affect the validity of the remainder of this Ordinance. If any Court determines that this Ordinance, or any portion hereof, cannot be legally applied to any individual(s), group(s), entity(ies), property(ies), or circumstance(s), such determination shall not affect the applicability hereof to any other individual, group, entity, property or circumstance.
Section 4. EFFECTIVE DATE.
This ordinance shall become effective as provided by law.
ENACTED
FILED WITH THE DEPARTMENT OF STATE
EFFECTIVE