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File #: 18-1980A    Version: 1
Type: Ordinance Status: Passed
File created: 11/20/2018 Department: Board of County Commissioners
On agenda: 12/11/2018 Final action: 12/11/2018
Title: Ordinance amending the Pinellas County Code by enacting Section 98-5; re-enacting the criteria for construction and maintenance of paver driveways; maintaining a private right of action against property owners who install or previously installed paver driveways within the County right-of-way for failure to construct or maintain a paver driveway; and amending Section 154-151 of the Pinellas County Land Development Code, as amended pursuant to ordinance 18-36, to require paver driveways extending across sidewalks to comply with Section 98-5.
Attachments: 1. State-filed ORD 18-48, 2. Adopted ORD 18-48, 3. Amended Ordinance, 4. Affidavit of Publication - Notice of Pubic Hearing, 5. Proposed Ordinance - clean, 6. Proposed Ordinance - strikethrough, 7. Notice of Public Hearing, 8. State Filed Ordinance No. 18-36.pdf, 9. State Filed Ordinance No. 16-53.pdf
Related files: 18-1829A

Subject:

Title

Ordinance amending the Pinellas County Code by enacting Section 98-5; re-enacting the criteria for construction and maintenance of paver driveways; maintaining a private right of action against property owners who install or previously installed paver driveways within the County right-of-way for failure to construct or maintain a paver driveway; and amending Section 154-151 of the Pinellas County Land Development Code, as amended pursuant to ordinance 18-36, to require paver driveways extending across sidewalks to comply with Section 98-5.

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Recommended Action:

Recommended Action

Conduct a public hearing and adopt the proposed ordinance amending the Pinellas County Code by enacting Section 98-5; re-enacting the criteria for construction and maintenance of paver driveways; maintaining a private right of action against property owners who install or previously installed paver driveways within the County right-of-way for failure to construct or maintain a paver driveway; amending Section 154-151 of the Pinellas County Land Development Code, as amended pursuant to ordinance 18-36, to require paver driveways extending across sidewalks to comply with Section 98-5.

 

                     Ratifies the provisions previously adopted under County Ordinance No. 16-53 that were inadvertently repealed.

                     Re-enacts the responsibility for construction, maintenance, and liability of paver driveways that extend through the sidewalk portion of the right-of-way to the property owner.

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Strategic Plan:

Foster Continual Economic Growth and Vitality
4.4 Invest in infrastructure to meet current and future needs

 

Summary:

The Board of County Commissioners (Board) authorized a public hearing on November 20, 2018, to consider the proposed ordinance.  This proposed ordinance will ratify provisions of the County Code, previously adopted in Ordinance 16-53, related to criteria for construction and maintenance of paver driveways that were inadvertently repealed via Ordinance 18-36, which will become effective January 1, 2019.

The proposed ordinance re-enacts the responsibility for construction and maintenance of, and liability for paver driveways for all residents on County roads except where a municipality has the responsibility for sidewalk maintenance.

 

Background Information:

The County previously adopted Ordinance 16-53 on October 25, 2016, which amended Section 170-199 of the County Code related to design and construction criteria for access connections to County roads.  Through Ordinance 16-53, the County allowed for decorative paver driveways to extend through the sidewalk portion of the right-of-way and placed maintenance responsibilities on the owner of the property serviced by the driveway. 

The Board determined that failure to properly construct or maintain paver sidewalks across or through driveways within the right-of-way increases the liability for which homeowners should be responsible.  The Board did not intend to assume the maintenance responsibilities for pavers over sidewalks, or remove the liability from the owners of the properties serviced by paver driveways.  The provisions adopted in Ordinance 16-53 were inadvertently repealed, effective January 1, 2019, via Ordinance 18-36 that was adopted by the Board on October 23, 2018.

 

Fiscal Impact:

N/A

 

Staff Member Responsible:

Addie Javed, Director, Public Works

 

Partners:

N/A

 

Attachments:

Proposed Ordinance - clean
Proposed Ordinance - strikethrough