Mothballing Legislation under Attack!!!

[sheclown]

ntroduced by Council Member Schellenberg:


ORDINANCE 2011-577
AN ORDINANCE CONCERNING NUISANCE AND EMERGENCY ABATEMENT ALTERNATIVES FOR HISTORIC PROPERTIES; AMENDING CHAPTER 307 (HISTORIC PRESERVATION AND PROTECTION), PART 1 (GENERAL PROVISIONS), SECTION 307.102 (DEFINITIONS) AND SECTION 307.106 (APPROVAL OF CHANGES TO LANDMARKS, LANDMARK SITES, AND PROPERTY IN HISTORIC DISTRICTS), ORDINANCE CODE TO ALLOW FOR A SUNSET PROVISION FOR “MOTHBALLING”; CREATING A NEW SECTION 307.308 (SUNSET), CHAPTER 307 (HISTORIC PRESERVATION AND PROTECTION), PART 3 (ENFORCEMENT ALTERNATIVES TO PROVISIONS OF CHAPTER 518), ORDINANCE CODE, TO ALLOW FOR A SUNSET PROVISION FOR MOTHBALLING; AMENDING CHAPTER 518 (JACKSONVILLE PROPERTY SAFETY AND MAINTENANCE CODE), PART (GENERAL PROVISIONS), SUBPART A (TITLE AND SCOPE), SECTION 518.103 (APPLICABILITY) TO REFLECT THE CHAPTER 307 SUNSETTING SECTIONS; PROVIDING AN EFFECTIVE DATE.

[sheclown]

BE IT ORDAINED by the Council of the City of Jacksonville:
Section 1.       Amending Section 307.102 (Historic Preservation and Protection) and Section 307.106 (Approval of Changes to Landmarks, Landmark sites, and property in historic districts), Ordinance Code.  Section 307.102 (Historic Preservation and Protection) and Section 307.106 (Approval of Changes to Landmarks, Landmark sites, and property in historic districts), Ordinance Code, are hereby amended to read as follows:
CHAPTER 307. HISTORIC PRESERVATION AND PROTECTION.
PART 1. (GENERAL PROVISIONS)
*  *  *
Sec. 307.102.   Definitions.
As used in this Chapter, the following terms shall mean:
*  *  *
   (m)    Sunset. Section 307.102(n), enacted in Ordinance 2011-408-E, shall be in effect until August 9, 2014 at which time such subsection shall sunset, be repealed, and be of no further effect unless reenacted in subsequent legislation. All completed applications filed before August 9, 2014 shall be subject to Section 307.102(n)
*  *  *
   Sec. 307.106.  Approval of Changes to Landmarks, Landmark sites, and property in historic districts.
*  *  *
   (w)   Sunset. Section 307.106(v), enacted in Ordinance 2011-408-E, shall be in effect until August 9, 2014 at which time such subsection shall sunset, be repealed, and be of no further effect unless reenacted in subsequent legislation. All completed applications filed before August 9, 2014 shall be subject to Section 307.102(v)
*  *  *
Section 2.      Creating Section 307.308 (Sunset), Ordinance Code.  Section 307.308 (Sunset), Ordinance Code, is hereby created to read as follows:   
CHAPTER 307. HISTORIC PRESERVATION AND PROTECTION.
*  *  *
PART 3. ENFORCEMENT ALTERNATIVES TO PROVISIONS OF CHAPTER 518.
*  *  *
   Sec. 307.308. Sunset.  Section 307.305, enacted in Ordinance 2011-408-E, shall be in effect until August 9, 2014 at which time such subsection shall sunset, be repealed, and be of no further effect unless reenacted in subsequent legislation. All completed applications filed before August 9, 2014 shall be subject to Section 307.102(n).
*  *  *
Section 3.      Creating Subsection 518.103(e) (Applicability), Ordinance Code.  A new subsection 518.103(e) (Applicability), Ordinance Code, is hereby created to read as follows:   
CHAPTER 518. JACKSONVILLE PROPERTY SAFETY AND MAINTENANCE CODE.
*  *  *
PART 1. GENERAL PROVISIONS.
SUBPART A. TITLE AND SCOPE
*  *  *
Sec. 518.103. - Applicability.
(a)   This Chapter shall apply to every building and portion thereof, and appurtenance thereto, and the premises on which it is situated, used or intended to be used, whether for commercial, business, institutional, industrial, multifamily or residential.
(b)   This Chapter will also apply to any improved or unimproved lot or tract of land, notwithstanding its use, located within the City of Jacksonville.
(c)   Every portion of a building and premises thereof shall conform to the requirements of the specific Part of this Chapter irrespective of the primary use of the building and irrespective of when the building may have been constructed, altered or repaired.
(d)   This Chapter establishes certain minimum standards for the initial and continued occupancy, use and maintenance of all commercial, business, institutional, industrial, multifamily and single family residential buildings and structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of such buildings and structures, the premises, or the equipment or facilities maintained in the buildings or structures or on the premises. Where a provision of this Chapter is found to be in conflict with another applicable code or regulation, the provision that establishes the higher standard, as determined by the Chief, or the Building Codes Adjustment Board, shall prevail.
(e)   All references in this Chapter to the provisions of Chapter 307 (Historic Preservation and Protection) shall be contingent upon and subject to the continued applicability of those sections referenced in Chapter 307, and shall be effective to the same extent as any referenced Chapter 307 provision sunsetted or repealed.
Section 4.    Effective Date.      This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor’s signature.
Form Approved:

     /s/  Margaret M. Sidman     _
Office of General Counsel
Legislation Prepared By:   Margaret M. Sidman
G:\SHARED\LEGIS.CC\2011\ord\Schellenberg Chapter 307 Mothballing- sunset.doc

[sheclown]

Schellenberg is District 6.  Isn't that the beaches?

What he is introducing will, in effect, end mothballing as of August 2014.  Period.

Where is District 6? 

[iloveionia]

Okay. Well we already know he does not support the legislation. But he was the only 1 out of 18 council members. We learned quickly he had his whities all in a bunch from the first meeting we attended.

As I understand this amendment he is proposing, he wants it to come back to council in 3 years to be approved again? Before it can go forth for more years? Do I understand it correctly?

Additionally, won't the current council have to approve the BS he submitted?  They won't do it. 

[Bridges]

Where is District 6? 

Mandarin and Julington Creek I believe.

[tufsu1]

Schellenberg is District 6.  Isn't that the beaches?

What he is introducing will, in effect, end mothballing as of August 2014.  Period.

Where is District 6? 

as Bridges said it is the Mandarin area.

the Councilman is a Tea Party favorite and his beef here is about giving special treatment to certain neighborhoods....I'm sure he's opposed to the historict districts in general

[ChriswUfGator]

As long as you show up and make a big deal about it, e.g. let them know that you know, then I doubt it'll go anywhere.

[avs]

Thinking certain neighborhoods are being given "special treatment" over others is absurb.  Neighborhoods are all different and people move to them for different reasons, I personally would slit my throat before I would live in Mandarin.  But to each his own.  Our neighborhoods have historic fabric that makes them unique.  There are things in Mandarin that make it unique and appealing to those who live there.  I am sure he would want those things kept in tact down there.  Does he think historic districts all over the US should be abolished??  Good grief! What a nut.  There are tons of studies out there showing the economic impact that preserving the past can have.  I am sure the things in Mandarin that support its economic vitality he would support.  This isn't Mandarin vs. Historic Districts, he needs to get on the Jacksonville team.

I emailed all the council members urging them to stand by the original ordinance. 

[fsujax]

I wonder would he would think if we started demolishing historic structures in Mandarin? remember there is some history there too!

[ChriswUfGator]

I wonder would he would think if we started demolishing historic structures in Mandarin? remember there is some history there too!

Teabaggers think the only government you need is your shotgun to keep welfare-types away, he'd probably be fine with it.

[Non-RedNeck Westsider]

I wonder would he would think if we started demolishing historic structures in Mandarin? remember there is some history there too!

If you're referring to all the prime hunting land off of Racetrac Rd, then I would agree with you - History.

[avs]

Teabaggers think the only government you need is your shotgun to keep welfare-types away

Isn't that really just anarchy?

[Debbie Thompson]

Well.  All the lovely old "historic" oak trees along San Jose are pretty much gone...they paved paradise and put up a parking lot...lots of strip malls.

I wouldn't like to live in Mandarin, either.  I don't even like to VISIT Mandarin.  But I wouldn't support any legislation that destroys it like this one would do in our historic districts.

Why should he care?  He doesn't ever have to even come to them.  He can stay safely in his cookie cutter world and leave us alone.  :-)

[iloveionia]

and this doesn't cost the city a dime.
it will likely provide them several dimes!!

[KuroiKetsunoHana]

Teabaggers think the only government you need is your shotgun to keep welfare-types away

Isn't that really just anarchy?

nope.  anarchists care about people, not property.

i agree that schellenberg taking issue with neighbourhoods getting 'special treatment' is absurd (though only to be expected).  what really bothers me is that he thinks that, as a representative ov mandarin and julington creek, he has any knowledge ov or right to say anything about springfield.

(edited 'cause i not spell so good sometimes)