§ 47-27.2. Types of public notices.

A.

When referred to in the ULDR, the different types of public notices set out below shall be given the meaning and conform with the provisions as follows:

1.

Mail notice.

a.

Mail notice shall consist of mailing a notice of a public hearing to real property owners within the city as specified herein as each is listed in the latest ad valorem tax records of the county. Each owner of a condominium or cooperative unit whose address is known by reference to the latest ad valorem tax records shall be sent notice as a real property owner.

b.

In addition to the requirements provided in this section, the notice shall state the date, time and place of the meeting or public hearing, the title of the proposed ordinance or a description of the action to be considered and the place or places within the city where such proposed ordinance or information may be inspected by the public.

c.

The notice shall advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or action to be considered.

d.

Unless otherwise provided by law, mail notice may be provided by bulk mail, first-class mail or other type of mail made available by the U.S. Postal Service if the mail is sent in a timely manner as required by the ULDR.

e.

A copy of the notice mailed shall be made available for public inspection during the regular business hours of the city clerk.

f.

Mail notice shall be deemed given when a notice has been properly addressed, stamped and deposited in a U.S. Postal Service depository.

g.

Failure to receive notice shall not be grounds to invalidate the hearing as this provision is directory and not mandatory.

2.

Newspaper notice.

a.

Newspaper notice shall consist of publication in a newspaper of general paid circulation and of general interest and readership in the city, not one (1) of limited subject matter.

b.

Whenever possible, the advertisement shall appear in a newspaper that is published at least five (5) days a week.

c.

In addition to the requirements provided in this section, the notice shall state the date, time and place of the meeting or public hearing; the title or titles of the proposed ordinance or a description of the action to be considered and the place or places within the city where the proposed ordinance or information may be inspected by the public.

d.

The notice shall advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or action to be considered.

3.

Sign notice.

a.

Sign notice shall be given by the applicant by posting a sign provided by the city stating the time, date and place of the public hearing on such matter on the property which is the subject of an application for a development permit. If more than one (1) public hearing is held on a matter, the date, time and place shall be stated on the sign or changed as applicable.

b.

(i)

The sign for site plan level III or IV shall be posted at least fifteen (15) days prior to the date of the public hearing.

(ii)

The sign for site plan level II shall be posted at least ten (10) days prior to the date of the Development Review Committee (DRC) meeting.

c.

The sign shall be visible from adjacent rights-of-way, including waterways, but excepting alleys.

d.

If the subject property is on more than one (1) right-of-way as described in subsection A.3.c, a sign shall be posted facing each right-of-way.

e.

If the applicant is not the owner of the property that is the subject of the application, the applicant shall post the sign on or as near to the subject property as possible subject to the permission of the owner of the property where the sign is located or, in a location in the right-of-way if approved by the city.

f.

Development applications for more than one (1) contiguous development site shall be required to have sign notice by posting one (1) sign in each geographic direction, (north, south, east and west) on the public right-of-way at the perimeter of the area under consideration.

g.

If the sign is destroyed or removed from the property, the applicant is responsible for obtaining another sign from the city and posting the sign on the property.

h.

The sign shall remain on the property until final disposition of the application. This shall include any deferral, rehearing, appeal, request for review or hearings by another body. The sign information shall be changed as provided in subsection A.3.a.

i.

The applicant shall, five (5) days prior to the public hearing, execute and submit to the department an affidavit of proof of the posting of the public notice sign according to this section. If the applicant fails to submit the affidavit, the public hearing will be postponed until the next public hearing after the affidavit has been supplied.

j.

The applicant shall pay a deposit at the time application is made. All signs shall be removed by the applicant within five (5) days after final disposition of the application. If the applicant fails to remove the sign and return it to the city within this time, city shall have the right to remove same which will result in the applicant forfeiting the deposit fee. If a sign is lost or stolen, an affidavit by the applicant of such fact shall be submitted prior to return of the deposit to applicant.

4.

Agenda publication. Agenda publication shall apply to publication of the agenda of the planning and zoning board or board of adjustment at least five (5) days before the meeting of the body that is considering development approvals and permits.

5.

Agenda posting. Agenda posting shall mean posting of the agenda of all boards reviewing development permits at a public place on a wall outside City Hall identified for that purpose at least three (3) days prior to the public hearing.

6.

Additional and optional notice. The city commission may direct that additional notice be given as the city commission may deem as proper for the circumstances involved for a particular hearing.

7.

Failure to provide notice. While sign notice, agenda publication and posting and additional and optional notice is required, failure to provide these types of notice in accordance with these provisions shall not be grounds to invalidate the hearing.

(Ord. No. C-97-19, § 1(47-27.2), 6-18-97; Ord. No. C-99-30, § 2, 5-4-99; Ord. No. C-11-24, § 2, 9-20-11 )