RESOLUTION NO. 2006-04
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RESOLUTION 2006-04

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE BAREFOOT BAY RECREATION DISTRICT PROVIDING FOR A STATEMENT OF POLICY REQUIRING STRICT ADHERANCE TO THE MINIMUM REQUIREMENTS OF THE DEED OF RESTRICTIONS OF THE BAREFOOT BAY RECREATION DISTRICT; PROVIDING FOR THE PROCESS BY WHICH THE DOR ENFORCEMENT STAFF SHALL FORWARD CASES TO THE VIOLATIONS COMMITTEE; AS WELL AS RECOMMENDATIONS TO BE MADE BY THE DOR ENFORCEMENT STAFF TO THE VIOLATIONS COMMITTEE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE

            WHEREAS, the Barefoot Bay Recreation District is governed by The Amended and Restated Deed of Restrictions for Barefoot Bay (“DOR”) dated October 1, 1999, which sets forth various minimum requirements for each property within the Barefoot Bay Recreation District; and

            WHEREAS, the Barefoot Bay Recreation District, and its property owners, suffered substantial property damage as a result of the hurricanes of 2004; and

            WHEREAS, the Board of Trustees of the Barefoot Bay Recreation District passed Resolution 2005-1 to provide a method for property owners of the Barefoot Bay Recreation District to occupy properties prior to satisfying the minimum requirements of the DOR; and

            WHEREAS, Resolution 2005-1 provided a time period for property owners to satisfy the minimum requirements of the DOR if they sustained damage from the hurricanes of 2004; and

            WHEREAS, the eighteen (18) month period originally provided by the Board of Trustees for the Barefoot Bay Recreation District in Resolution 2005-1 was set to expire on July 1, 2006; and

            WHEREAS, the Board of Trustees of the Barefoot Bay Recreation District extended the July 1, 2006, deadline provided in Resolution 2005-1 to September 15, 2006; and

WHEREAS, the best information available indicates that man power and materials necessary to repair properties and bring them into compliance with the minimum requirements of the DOR are now available; and

            WHEREAS, the Board of Trustees of the Barefoot Bay Recreation District recognizes that it is under a duty to enforce the DOR; and

WHEREAS, the Board of Trustees of the Barefoot Bay Recreation District passed Resolution 2006-1, which acknowledged authority in the Violations Committee to ensure strict adherence to the minimum requirements of the DOR; and

            WHEREAS, the Board of Trustees of the Barefoot Bay Recreation District desires a written policy acknowledging that the time set forth to bring properties into compliance with the minimum requirements of the DOR pursuant to Resolution 2005-1 has expired, and providing the DOR Enforcement Staff with a method for bringing those properties before the Violations Committee in an attempt to bring them into compliance with the minimum requirements of the DOR.

            NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE BAREFOOT BAY RECREATION DISTRICT, AS FOLLOWS:

Section 1.     STRICT ADHERENCE WITH THE DOR:

            The Board of Trustees for the Barefoot Bay Recreation District hereby states that the DOR shall be strictly adhered to by all property owners within the Barefoot Bay Recreation District.  All property owners shall be required to maintain their properties in strict compliance with the minimum requirements of the DOR, and effectuate any and all repairs necessary to bring their properties into compliance with the minimum requirements of the DOR.

Section 2.     NOTICES OF VIOLATIONS TO BE ISSUED BY DOR ENFORCEMENT STAFF:

Resolution 2006-1 acknowledges authority in the Violations Committee of the Barefoot Bay Recreation District to ensure strict adherence to the minimum requirements of the DOR, and also sets forth the responsibilities of the DOR Enforcement Staff. 

All property owners whose properties are not in strict compliance with the minimum requirements of the DOR by September 1, 2006 shall be issued a Notice of Violation by the DOR Enforcement Staff.  All property owners who receive a Notice of Violation shall be provided thirty (30) days to come into compliance with the minimum requirements of the DOR.

Section 3.     DOR ENFORCEMENT STAFF TO FORWARD CASES TO VIOLATIONS COMMITTEE:

Any property that does not come into compliance with the minimum requirements of the DOR pursuant to the Notice of Violation shall be submitted to the Violations Committee for consideration of imposition of an appropriate fine. 

All violations of the DOR which are the result of the 2004 Hurricanes shall either come into compliance with the DOR as required by the notice of violation, or be noticed to the Violations Committee for consideration of imposition of a fine no later than January 30, 2007. 

Section 4.     DOR ENFORCEMENT STAFF TO PRESENT CASES TO VIOLATIONS COMMITTEE AND MAKE RECOMMENDATIONS:

Any case that is forwarded to the Violations Committee shall be presented by the DOR Enforcement Staff.  The DOR Enforcement Staff shall make the following recommendations to the Violations Committee:

·        Provide property owner thirty (30) days from the date of the Violations Committee meeting to bring their property into compliance with the minimum requirements of the DOR.

·        Impose a fine, not to exceed fifty dollars ($50.00) per day, on any property that does not come into compliance with the minimum requirements of the DOR within the thirty (30) days from the date of the Violations Committee meeting.

·        The Violations Committee may provide an extension of time, not to exceed one hundred twenty (120) days from the date of the Violations Committee meeting, provided the property owner provides evidence of the following:

·        Existence of a signed contract for completion of all compliance repairs within the requested extension; and

·        Evidence of the property owner’s present ability to pay for the contracted compliance repairs.

Under no circumstance shall the DOR Enforcement Staff recommend a compliance period which exceeds one hundred fifty (150) days from the original Notice of Violation

Section 5.     CONFLICTS:

            The provisions of this Resolution are severable, and the invalidation of any one provision by a Court of competent jurisdiction shall not invalidate any other provision hereof.  Any provision not affected by such judgment shall remain in full force and effect.

Section 6.     EFFECTIVE DATE:

            This Resolution will become effective upon adoption by the Board of Trustees of the Barefoot Bay Recreation District.

            PASSED AND ADOPTED AT A MEETING OF THE BOARD OF TRUSTEES OF THE BAREFOOT BAY RECREATION DISTRICT HELD ON THE 28th DAY OF SEPTEMBER, 2006.