ORDINANCE 10-146
AN ORDINANCE RESCINDING ORDINANCE 09-140 AND CREATING A NEW ORDINANCE ESTABLISHING A STORM WATER BOARD OF APPEALS FOR THE CITY OF
LAKELAND TO REVIEW CIVIL PENALTIES AND/OR DAMAGE ASSESSMENTS
CONCERNING STORM WATER MANAGEMENT AND POLLUTION CONTROL PLANS


WHEREAS, the City of Lakeland wishes to provide aggrieved parties an avenue for administrative appeal due to civil penalties and/or damage assessments from the requirements of Ordinance 04-67 (Title 18 Chapter 6) Pertaining to Storm Water Management and Pollution Control Plans;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

Section 1. CREATION
There is hereby created a Storm Water Board of Appeals to review civil penalties and/or damage assessments concerning storm water management and pollution control plans.

Section 2. MEMBERSHIP, TERM and PROCEDURE
The Board shall be composed of five (5) citizen members of Lakeland with experience and knowledge in storm water management and pollution control plans and appointed by a majority vote of the Board of Commissioners. The term of all citizen members shall be three years. The term of at least one (1) citizen member of the board shall expire each year. Procedures of the Storm Water Board of Appeals shall be provided for in the By-Laws.

Section 3. JURISDICTION
The Storm Water Board of Appeals shall have jurisdiction to review civil penalties and/or damage assessment concerning storm water management and water pollution plans

Section 4. DUTIES
It shall be the duty of the Storm Water Board of Appeals to hear and decide any appeal or any decision, order or interpretation by the officer whose duty it is to enforce the ordinance from which an aggrieved party seeks relief, provided the matter is within the jurisdiction of the Storm Water Board of Appeals.

Section 5. VARIANCES
The Storm Water Board of Appeals shall have authority to grant variances from those ordinances of the City of Lakeland over which it has jurisdiction and only to the extent provided in the ordinance from which appeal is before the Storm Water Board of Appeals.

Section 6. SEVERABILITY
The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or application of this Ordinance that can be given effect without the invalid provision or application.

Section 7. EFFECTIVE DATE
This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.






First Reading: February 04, 2010.
Public Hearing: February 23, 2010.
Final Reading: March 04, 2010.







J. Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder