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HomeMy Public PortalAboutOrdinance 1849 - Property Rights Element - Scanned OrdORDINANCE 1849 AN ORDINANCE PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR AUTHORITY; PROVIDING FOR FILING WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY AND THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1— COMPREHENSIVE PLAN AMENDMENT. This ordinance hereby amends the City of Crestview Comprehensive Plan with the addition of Chapter 18 — Property Rights Element, as attached to this ordinance (Attachment 1). SECTION 2 — AUTHORITY. The authority for enactment of this ordinance is Chapter 171, Florida Statutes, and Section 2 of the City Charter. SECTION 3 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or application of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.. SECTION 5 - SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 - ORDINANCE TO BE LIBERALLY CONSTRUED. This ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 7 — REPEALER. All Ordinances or parts of Ordinances in herewith be and the same are hereby repealed. SECTION 8 - EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and Adopted on Second Reading by the City Council of Crestview, Florida on this 10th day January 2022. Approved: 9�6W4�� Whitten Mayor ••.•� CREST�i�:% o 4ow+rF �y ATTEST: o 's Am s • A ,0'%:; Maryanhe Sc a r 'gN►ZED City Clerk /////{t{• CHAPTER 18 PROPERTY RIGHTS ELEMENT Section 18.01 Purpose: The purpose of this element is to implement requirements of House Bill 59, signed by the Governor on June 28, 2021. This bill modified Chapter 163.3177, Florida Statutes (F.S.), to require local government comprehensive plans to contain a Property Rights Element. The purpose of this Element, per Chapter 163.3177(i), is to identify property rights that shall be considered in local decision -making. Section 18.02 Assessment and Conclusions: As stated in Section 18.01, this Element meets the statutory requirements of Chapter 163.3177, F.S. Section 18.03 Goals, Objectives and Policies: The Goals, Objectives and Policies of this Element are as follows: Goal 18.A - The City of Crestview will respect judicially acknowledged and constitutionally protected private property rights. Obi ective 18.A.1 - The City shall consider property rights during local decision -making processes. Policy 18.A.1.1 — The following rights shall be considered in local decision -making: (1) The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. (2) The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. (3) The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. (4) The right of a property owner to dispose of his or her property through sale or gift.