Ch. 163 INTERGOVERNMENTAL PROGRAMS Ch. 163

Transcription

1 levying of taxes or assessments to pay such costs on the entire area serviced by the parties to the interlocal agreement, subject to such limitations as may be contained in the constitution and statutes of this state. (g) The manner of employing, engaging, compensating, transferring, or discharging necessary personnel, subject to the provisions of applicable civil service and merit systems. (h) The fixing and collecting of charges, rates, rents or fees, where appropriate, and the making and promulgation of necessary rules and regulations and their enforcement by or with the assistance of the participating parties to the interlocal agreement. (i) The manner in which purchases shall be made and contracts entered into. (j) The acquisition, ownership, custody, operation, maintenance, lease, or sale of real or personal property. (k) The disposition, diversion or distribution of any property acquired through the execution of such interlocal agreement. (l) The manner in which, after the completion of the purpose of the interlocal agreement, any surplus money shall be returned in proportion to the contributions made by the participating parties. (m) The acceptance of gifts, grants, assistance funds, or bequests. (n) The making of claims for federal or state aid payable to the individual or several participants on account of the execution of the interlocal agreement. (o) The manner of responding for any liabilities that might be incurred through performance of the interlocal agreement and insuring against any such liability. (p) The adjudication of disputes or disagreements, the effects of failure of participating parties to pay their shares of the costs and expenses, and the rights of the other participants in such cases. (q) The manner in which strict accountability of all funds shall be provided for and the manner in which reports, including an annual independent audit, of all receipts and disbursements shall be prepared and presented to each participating party to the interlocal agreement. (r) Any other necessary and proper matters agreed upon by the participating public agencies. (6) An interlocal agreement may provide for one or more parties to the agreement to administer or execute the agreement. One or more parties to the agreement may agree to provide all or a part of the services set forth in the agreement in the manner provided in the agreement. The parties may provide for the mutual exchange of services without payment of any contribution other than such services. (7) (a) An interlocal agreement may provide for a separate legal or administrative entity to administer or execute the agreement which may be a commission, board, or council constituted 651 pursuant to the agreement. (b) A separate legal or administrative entity created by an interlocal agreement shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement. The entity may, in addition to its other powers, be authorized in its own name to make and enter into contracts,. to employ agencies or employees, to acquire, construct, manage, maintain or operate buildings, works, or improvements, to acquire, hold or dispose of property, and to incur debts, liabilities or obligations which do not constitute the debts, liabilities or obligations of any of the parties to the agreement. (c) No separate legal or administrative entity created by an interlocal agreement shall possess the power or authority to levy any type of tax within the boundaries of any governmental unit participating in the interlocal agreement, to issue any type of bond in its own name, or in any way to obligate financially a governmental unit participating in the interlocal agreement. (8) If the purpose set forth in an interlocal agreement is the acquisition, construction, or operation of a revenue-producing facility, the agreement may provide for the repayment or return to the parties of all or any part of the contributions, payments, or advances made by the parties pursuant to subsection (5) and for payment to the parties of any sum derived from the revenues of such facility. Payments, repayments, or returns shall be made at any time and in the manner specified in the agreement, and may be made at any time on or prior to the rescission or termination of the agreement or completion of the purposes of the agreement. (9) (a) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, workmen's compensation and other benefits which apply to the activity of officers, agency, or employees of any public agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extraterritorially under the provisions of any such interlocal agreement. (b) An interlocal agreement does not relieve a public agency of any obligation or responsibility imposed upon it by law except to the extent of actual and timely performance thereof by one or more of the parties to the agreement or any legal or administrative entity created by the agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility. (10) (a) A public agency entering into an interlocal agreement may appropriate funds and sell, give or otherwise supply any party designated to operate the joint or cooperative undertaking such personnel, services, facilities, property, franchises, or funds thereof as may be within its legal power to furnish.

2 (b) A public agency entering into an interlocal agreement may receive grants-in-aid or other assistance funds from the United States government or this state for use in carrying out the purposes of the interlocal agreement. (11) Every agreement made hereunder shall, prior to and as a condition precedent to its entry into force, be submitted to the department of legal affairs which shall determine whether the agreement is in proper form and compatible with the laws of this state. The department of legal affairs shall approve any agreement submitted to it unless it shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. (12) Prior to its effectiveness, an interlocal agreement and subsequent amendments thereto shall be filed with the clerk of the circuit court of each county where a party to the agreement is located and with the department of community affairs. Such department shall keep an accurate record of all such agreements and shall notify any other department of state government when it is determined that an agreement hereunder relates to services or functions over which a department of state government has jurisdiction or control. (13) Any public agency entering into an agreement pursuant to this section may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish. (14) The powers and authority granted by this section shall be in addition and supplemental to those granted by any other general, local or special law. Nothing contained herein shall be deemed to interfere with the application of any other law. (15) This section is intended to authorize the entry into contracts for the performance of service functions of public agencies, but shall not be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Blstory.- 1, 2, ch ; 1 11, 18, 35, ch Councils of local public officials. (!) The governing bodies of any two or more counties, municipalities, special districts, or other governmental subdivisions of this state, or any of them, herein referred to as member local governments, may, by resolution, enter into an agreement with each other for the establishment of a council of local public officials. Any council established under the authority of this section shall be a corporation not for profit. (2) Representation on the council shall be in the manner provided in the agreement establishing the council. The representative from each member local government shall be the elected chief executive of said local government or, if such government does not have an elected chief executive, a member of its governing body chosen by such body to be its representative. Any member may withdraw from the council upon sixty days notice subsequent to formal action by its governing body. (3) The local government council shall have the power to : (a) Study such area governmental problems as it deems appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions, and area development; (b) Promote cooperative arrangements and coordinate action among its members; and (c) Make recommendations for review and action to the members and other public agencies that perform local functions and services within the area. (4) The council shall adopt bylaws designating the officers of the council and providing for the conduct of its business. The council may employ a staff, consult and retain experts, and purchase or lease or otherwise provide for such supplies, materials, equipment and facilities as it deems desirable and necessary. (5) (a) The governing bodies of the member governments may appropriate funds to meet the necessary expenses of the council. Services of personnel, use of equipment and office space, and other necessary services may be accepted from members as part of their financial support. (b) The council may accept funds, grants, gifts, and services from the state, from any other governmental unit, whether participating in the council or not, from the government of the United States, and from private and civic sources. (c) The council Shall make an annual public report of its activities to each of the member local governments, and shall have its accounts audited annually. History.- 1-5, ch Department of community affairs; local government.- (!) The secretary of the department of community affairs shall: (a) Supervise and administer the activities of the department and shall advise the governor, the cabinet, and the legislature with respect to matters affecting community affairs and local government and participate in the formulation of policies which best utilize the resources of state government for the benefit of local government; (b) Render services to local governments by assisting, upon request, in applying for and securing federal and state funds, and by assisting the department of administration in coordinating the activities of the state with federal programs for assistance in and solution of urban problems; 652 (c) Under the direction of the governor, administer programs to apply rapidly all available aid to disaster-stricken communities and,

3 for this purpose, provide liaison with federal agencies and other public and private agencies; (d) When requested, administer programs which will assist the efforts of local governments in developing mutual and cooperative solutions to their common problems; (e) Conduct programs to encourage and promote the involvement of private enterprise in the solution of urban problems; (f) Consult with governmental, academic, and private organizations which conduct research on metropolitan and other local problems; and report to the governor and the legislature concerning the findings and recommendations of these organizations; (g) Conduct continuing programs of analysis ani:l evaluation of local governments, and recommend to the governor programs and changes in the powers and organization of local government as may seem necessary to strengthen local governments; (h) Provide an informational service for local governments, or interested persons, by referring inquiries to the appropriate departments and agencies of the state and federal governments for advice, assistance, and available services in connection with particular problems; (i) Assist the governor and the cabinet in coordinating and making more effective the activities and services of those departments and agencies of the state which may be of service to units of local government; (j ) Provide consultative services and technical assistance to local officials in the fields of housing, redevelopment and renewal, local pub~ lie improvement programs, planning and zoning, and other local programs; and collect and disseminate information pertaining thereto, including information concerning federal, state and private assistance programs 'and services; (k) Conduct research and studies, and prepare model ordinances, charters, and codes relating to the areas referred to herein; (I) Cooperate with other state agencies in the preparation of statewide plans relating to housing, redevelopment and renewal, human resources development, local planning and zoning, transportation and traffic, and other matters relating to the purposes of this section; and (m) Conduct a program of preservice and in service training for local officials in technical and specialized areas of local administration, in cooperation with appropriate state agencies whose professional personnel possess specialized or technical knowledge which would be useful in conducting such training programs. Included in such programs shall be short courses in fiscal and debt management, and other areas in which the secretary determines that there is sufficient interest among local officials to warrant training programs. (n) Perform such other functions, duties, or responsibilities as may be hereafter assigned to him by law; and (o) Accept funds from all sources to be utilized in programs designed to combat juvenile crime, including the making of contributions to the national youth emergency corps. (p) Be authorized to accept and disburse funds from all sources in order to carry out the following programs: 1. Advisory and informational services to local governments; 2. Community development training under title VIII of the housing act of 1964; 3. Local planning assistance under 701 of the housing act of 1954; 4. Statewide planning assistance under ~701 of the housing act of 1954; 5. Model cities technical assistance under 701 of the housing act of (2) It is the intent of this section, with respect to federal grant-in-aid programs that the department shall serve as the agency for disseminating information to local governments regarding the availability of federal grant-inaid assistance to local governments in their efforts to secure federal grant-in-aid assistance, but only upon the request of such local governments; and assisting local governments in maintaining liaison and communications with federal agencies concerning federal grant-inaid programs; provided, however that nothing contained herein shall be construed to require consent, approval, or authorization from the department as a condition to any application for or acceptance of grants-.in-aid from the United States government. Hlstory.-!18, ch ; 11. ch PART II COUNTY AND MUNICIPAL PLANNING FOR FUTURE DEVELOPMENT Scope of part II Zoning; ordinances; contents Legislative intent Zoning; procedure for establishing dis Definitions. trict boundaries; adoption of regu Areas and jurisdictions which may lations. qualify under the provisions of this Zoning; supplementing or amending the part. zoning ordinance Commissions Board of adjustment; creation and com Functions, powers, and duties of com- position; terms; officers; etc. missions Board of adjustment; powers and du The comprehensive plan. ties Legal effect of comprehensive plan Board of adjustment; review of admin Review and amendment of comprehen- istrative orders. sive plan. 653

4 Appeals to board of adjustment from decision of administrative official Stay of work and proceedings on appeal Board of adjustment; hearing of appeals Judicial review of decisions of board of adjustment Enforcement of zoning ordinances Regulation of subdivisions; purposes Subdivision regulations; approval of subdivision plans by commission Subdivision regulations; adoption and amendment Subdivision regulations; penalties for transferring lots in unrecorded subdivisions Scope of part 11.- (1) The several counties and incorporated municipalities of this state may plan for future development, adopt and amend comprehensive plans to guide future development, adopt and enforce zoning regulations, adopt and enforce subdivision regulations, adopt and enforce building, plumbing, electrical, gas, fire, safety, and sanitary codes, and establish and maintain the boards and commissions herein described for carrying out the provisions and purposes of this part. The powers authorized by this part may be employed by counties and incorporated municipalities individually or jointly by mutual agreement in accordance with the provisions of this part in such combinations as their common interests may dictate. (2) The provisions of this part shall not be deemed to repeal or modify any local or special act relating to zoning, planning, or subdivision regulations, but the provisions herein shall be supplemental and in addition to powers that may be exercised by any governing body that has a local or special act. Blslory.- 1, ch Legislative intent.- (1 ) In order to preserve and enhance their present advantages, overcome their present handicaps, and prevent or minimize future problems, it is the intent. of this part to enable the several counties and incorporated municipalities to plan for future development and to prepare, adopt and amend comprehensive plans to guide future development. To implement the comprehensive plans, the several counties and incorporated municipalities may adopt ani enforce zoning regulations, adopt and enforce subdivision regulations, and adopt and enforce building, plumbing, electrical, gas, fire, safety, and sanitary codes. (2) The provisions of this part in its interpretation and application are declared to be the minimum requirements necessary to promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, mora~s. and general welfare; to conserve the value of land, buildings, and resources; and to protect the character and main Subdivision regulations; reversion of subdivided land to acreage Subdivision regulations; erection of buildings adjacent to unapproved streets Subdivision regulations; delegation of authority to other governmental agencies Building, plumbing, electrical, gas, fire, safety, and sanitary codes Fees and charges; employment of personnel Enforcement of ordinances and regulations Construction Effect of part II on existing planning and plan implementation authorization. tain the stability of residential, agricultural, business, and industrial areas and to promote the orderly development of such areas. (3) Any governing body of any county or any incorporated municipality may, but shall not be required to, exercise any of the powers set out in this part. Whenever a governing body shall elect to exercise any of the powers granted by this part, such powers shall be exercised in the manner hereinafter prescribed. Hlotory.-12, ch Definitions.-As used in this part: (1) "Area" means the complete area qualifying under the provisions of this part, whether this be all of the lands lying within the limits of an inccrporated municipality, lands in and adjacent to incorporated municipalities, all unincorporated lands within a county, or areas comprising combinations of the lands in incorporated municipalities and unincorporated areas of counties. (2) "Commission" means the planning commission appointed by the governing body or bodies adopting the provisions of this part as provided hereinafter. (3) "Due public notice," as used in connection with the phrase "public hearing" or "hearings with due public notice," shall mean publication of notice of the time, place, and purpose of such hearing at least twice in a newspaper of general circulation in the area, with the first such publication to be at least fifteen days prior to the date of the hearing and the second such publication to be at least five days prior to the hearing. In addition, except where the hearing applies to all of the lands within the area, similar notices setting forth the time, place, and purpose of such hearing shall be mailed to the last known address of the owners of the property involved in or directly affected by the hearing, and such notices shall also be posted in a conspicuous place or places on or around such lots, parcels, or tracts of lands as may be involved in or directly aff~cted by the hearing. Affidavit proof of the required publication, mailing and posting of the notice shall be presented at the hearing. 654

5 (4) "Governing body" means the board of county commissioners of a county, the commis"" sion or council of an incorporated municipality or any other chief governing body of a unit of local government, however designated, or the combination of such bodies where joint adoption of the provisions of this part is accomplished as herein provided. ( 5) "Ordinance" means an official, legislative, policy-making action of a governing body. When used in relation to action by a board of county commissioners, the term means a resolution of the board of county commissioners. When used in relation to action by other governing bodies, the term means such appropriate official, legislative, policy-making action as is customarily taken by the governing body in volved, regardless of the nomenclature given to such official action. (6) "Special exception" as used in connection with the provisions of this part dealing with zoning, means a use that would not be appropriate generally or without restriction throughout the particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals, and the general welfare. Such uses may be permitted in such zoning district or classification as special exceptions only if specific provisions and standards for such special exceptions are made in the zoning ordinance. (7) "Subdivision" means the division of a parcel of land, whether improved or unimproved, into three or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of such parcel. However, the division of land into parcels of more than five acres not involving any change in street lines or public easements of whatsoever kind is not to be deemed a subdivision within the meaning of this part. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided. (8) "Variance" as used in connection with the provisions of this part dealing with zoning, means a modification of the zoning ordinance regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed. by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or classification or in adjoining zoning districts or classifications. Hlstory.- 3, ch Areas and jurisdictions which may qualify under the provisions of this part.- (1 ) MUNICIPALITIES AND ADJACENT AREAS.-Any incorporated municipality may exercise any or all of the powers granted under the provisions of this part in the total area within its corporate limits upon passage of an appropriate ordinance to that effect by the governing body. Unincorporated areas adjacent to incorporated municipalities may be added to and included in the area under municipal jurisdiction for the purposes of this part, when the governing bodies of the municipality and the county in which the area is located shall agree as to the boundaries of such additional areas, procedures for joint action, procedures for administration of ordinances and regulations applying to the area, and the manner of obtaining equitable representation on the commissions and boards provided for under this part. Such agreements shall be formally stated in appropriate official action by the governing bodies involved. ( 2 ) COUNTlES.-Any county may exercise any of the powers granted under the provisions of this part in the total unincorporated area within its boundaries or in such unincorporated areas as are not included in any joint jurisdiction with municipalities established under the provisions of subsection (1). In order to exercise any of the powers granted under the provisions of this part, the board of county commissioners of the county shall pass an ordinance after due public notice to that effect. (3) COMBINATIONS OF MUNICIPALI TIES AND COUNTIES.-Combinations of incorporated municipalities, of counties, of an incorporated municipality or municipalities and a county or counties, or an incorporated municipality or municipalities and portions of a county or counties may jointly exercise the powers granted under the provisions of this part upon formal adoption of an official agreement by the governing bodies involved as described in subsection (1). (4) PUBLIC HEARING.-Before any municipality or county, jointly or individually, may adopt the provisions of this part, there shall be at least one public hearing with due public notice held in the area involved at which time all affected persons shall be given an opportunity to appear and be heard. History.-! 4. ch Commissions.-- (! ) ESTABLISHMENT AND COMPOSI TION.-The governing bodies of counties and in corporated municipalities are hereby empowered, individually or in combination as provided in ~ , to establish commissi9ns and appoint members thereto, the proportionate membership thereof to be as agreed UI;lOn and appointed by the governmental bodies concerned. Elected officeholders of any of the jurisdictions involved may serve only in an 655

6 ex officio capacity. (2) TERMS OF OFFICE; REMOVAL FROM OFFICE; VACANCIES.-Members of the commission shall be appointed for staggered terms of such length as may be determined jointly by the governing bodies involved and shall serve until their successors are appointed. Original appointments may be made for a lesser number of years so that the terms of the said members shall be staggered. The governing body creating the commission is authorized to remove any member of the commission for cause after written notice and public hearing. Any vacancy occurring during the unexpired term of office of any member shall be filled by the governing body concerned for the remainder of the term. Such vacancy shall be filled within thirty days after the vacancy occurs. (3). OFFICERS, RULES OF PROCEDURE, EMPLOYEES AND SALARIES.- (a) The commission shall elect a chairman and a vice-chairman from among its members. The commission shall appoint a secretary who may be the executive director of the commission or an employee of the governing body. (b) The commission shall meet at regular intervals to be determined by it and at such other times as the chairman or commission may determine. It shall adopt rules for the transaction of its business and keep a properly indexed record of its resolutions, transactions, findings and determinations, which record shall be a public record. All meetings of the commission shall be public. (c) The commission may, subject to the approval of the governing body concerned and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians, and staff as may be deemed proper and pay their salaries, contractual charges and fees, and such other expenses as are necessary to conduct the work of the commission. (d) Nothing in this part shall prevent the governing body of a county or incorporated municipality that participates in creating a commission serving two or more jurisdictions from continuing or creating its own commission. It may assign to the commission serving two or more jurisdictions any or all of the functions, powers and duties of its own commission, whereupon the functions, powers and duties so assigned shall no longer be exercised by its own commission but shall thereafter be exercised by the commission serving two or more jurisdictions. (4) APPROPRIATIONS, FEES AND OTH ER INCOME.-The governing body for the area under the jurisdiction of the commission is hereby authorized and empowered to make appropriations for salaries, fees, and expenses necessary in the conduct of the work of the commission and also to establish a schedule of fees to be charged by the commission. To accomplish the purposes and activities authorized by this part, the commission, with the 656 approval of the governing body or bodies, has the authority to expend all sums so appropriated and other sums made available for its use from fees, gifts, state or federal grants, state or federal loans, and other sources when acceptance of such loans is approved by the governing bodies involved. Hlatory.- 5, ch Functions, powers, and duties of commissions.-the functions, powers, and duties of the commission shall be, in general and in addition to any functions, powers and duties set forth in the body of this part, to: (1) Ac-quire and maintain such information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of man-made and natural physical features of the area concerned, statistics on past trends and present conditions with respect to population, property values, economic base, land use, and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the area and its various parts. (2) Prepare, adopt, and from time to time amend and revise a comprehensive and coordinated general plan for meeting present requirements and such future requirements as may be foreseen. (3) Establish principles and policies for guiding action in the development of the area. (4) Conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the comprehensive plan and such additional public hearings as are specified under the provisions of this part. (5) Make or cause to be made any necessary special studies on the location, condition, and adequacy of specific facilities in the area. These may include, but are not limited to, studies on housing, commercial and industrial conditions and facilities, public and private utilities, and traffic, transportation, and parking. (6) Perform any other duties which lawfully may be assigned to it. HlstorJ.- 6, ch The comprehensive plan.- (1) COMPREHENSIVE PLAN.-When basic information for the area has been brought together, the commission shall prepare a comprehensive and coordinated general plan for the development of the area, based on existing and anticipated needs, showing existing and proposed improvements in the area and stating the principles according to which future development should proceed and the manner in which such development should be controlled. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the area which will, in accordance with existing and future needs, best promote public

7 health, safety, comfort, order, appearance, convenience, morals, and the general welfare and which will contribute to efficiency and economy in the process of development. The comprehensive plan shall include plans for land use and may include plans for transportation, community facilities, a long-range financial program for public improvements, and such other matters as may be deemed necessary by the commission and the governing body for the purpose of meeting the objectives of this part. (2) ADOPTION OF COMPREHENSIVE PLAN BY THE PLANNING COMMISSION. The comprehensive plan shall be adopted by the commission either in its entirety or as substanti~l portions corresponding generally with functional or geographic classifications are completed. Before adoption of the comprehensive plan or any portion or portions thereof, a public hearing shall be held with due public notice by the commission. The adoption of the comprehensive plan or any portion or portions thereof, or of any amendment or additions thereto, shall be by resolution carried by the affirmative vote of a majority of the total membership of the commission. The resolution shall refer expressly to the maps, descriptive material and other matters intended by the planning commission to form the whole or part of the comprehensive plan. The action taken shall be recorded on the adopted plan or parts thereof by the identifying signatures of the secretary and the chairman of the commission, together with the date of such action, and a copy of the comprehensive plan or parts thereof shall be certified to the governing body. The officially adopted copy of the comprehensive plan or any portion thereof and any duly adopted amendments thereto shall be a part of the permanent records of the commission. (3) ADOPTION OF COMPREHENSIVE PLAN BY GOVERNING BODY OR BODIES. The governing body may formally adopt the comprehensive plan by appropriate official action either in its entirety or as substantial portions corresponding generally with the functional or geographic classifications are completed and adopted by the commission. Any comprehensive plan shall only become effective upon its adoption by a majority of the membership of the governing body. Blatorr.-17. ch Legal effect of comprehensive plan. -Whenever a comprehensive plan for the area or a portion of such a plan corresponding generally with a functional cl.assification of the subject matter or a geographic classification of the area has been adopted, then and thenceforth no street, park, other public way, ground, place, or space, public building or structure not in conformity with the comprehensive plan shall be constructed, altered or authorized in the area unless the location and extent thereof shall have been submitted to the commission for a report and its statement of approval or disapproval and the reasons therefor. Within thirty days after the request 657 for such report has been received by the commission or within such other time limit as may be agreed upon, the report shall either be made or failure of the commission to act shall be deemed approval. The commission's report may be overruled by a majority vote of the entire membership of the governing body. After a comprehensive plan for the area or a portion of such plan corresponding generally with a geographic classification of the area has been adopted by the governing body, no zoning ordinance, subdivision regulation, or code adopted under the authority of this part shall be amended until such amendment shall have been referred to the commission for review. Blstor)'.- 8, ch Review and amendment of comprehensive plan.-at least once each year, the comprehensive plan or the completed parts thereof shall be reviewed by the planning commission to determine whether changes in the amount, kind or direction of development of the area, or other reasons make it beneficial to make additions or amendments to the plan. If the governing body desires an amendment or addition to the comprehensive plan, it may, on its own motion, direct the commission to prepare such amendment; and if such amendment is in accordance with the purposes of the comprehensive plan, the commission shall do so within a reasonable time as established by the governing body. The procedure for revising, adding to or amending the comprehensive plan shall be the same as the procedure for its original adoption. Hlstorr.-18, ch Zoning; ordinances; contents.- (1) After a comprehensive plan has been prepared and adopted as provided for in , , and , and for the purpose of guiding and accomplishing coordinated, adjusted, and harmonious development in accordance with existing and future needs and in order to protect, promote, and improve public health, safety, comfort, order, appearance, convenience, morals, and general welfare, the governing body of an area described under , in accordance with the conditions and procedures specified in this part, may enact or amend and enforce a zoning ordinance after a public hearing with due public notice. In such ordinance the governing body shall divide the entire area into districts of such number, shape, and size as may be deemed best suited to carry out the purposes of this part, and within these districts may regulate, determine, and establish: (a) Height, number of stories, size, bulk, location, erection, construction, repair, reconstruction, alteration, and use of buildings and other structures for trade, industry, residence, and other purposes; (b) Use of land and water for trade, industry, i>r.ofession, residence, and other purposes; (c) Size of yards, courts, and other open

8 spaces; (d) Percentage of lot that may be occupied; (e) Density of population; (f) Conditions under which various classes of nonconformities may continue, including authority to set fair and reasonable schedules for the elimination of nonconforming uses; (g) Use and types and sizes of structures in those areas subject to seasonal or periodic flooding, so that danger to life and property in such areas will be minimized; and (h) Performance standards for use of property and location of structures thereon. (2) All such regulations shall be uniform throughout each district, but the regulations in one district may differ from those in other districts. For each district designated for the location of trades, callings, industries, commercial enterprises, residences, or buildings designed for specific uses, regulations may specify those uses that shall be excluded or subjected to reasonable requirements of a special nature. Uses permitted in one district may be prohibited in other districts, to the end that incompatibility of uses is minimized or eliminated. Regulations and district boundaries shall protect, promote, and improve public health, safety, comfort, order, appearance, convenience, morals, and general welfare and shall be made with reasonable consideration, among other things, to the character of the districts and their special suitability for particular uses and with a view to conserving property values and encouraging the most appropriate use of land throughout the area. Blstor,..-uo. ch Zoning; procedure for establishing district boundaries; adoption of regulations.- ( I) TENTATIVE REPORT BY COMMIS SION.-Tentative recommendations as to the boundaries of districts and the regulations to be enforced therein may be prepared by the commission on its own initiative or at the request of the governing body. The commission shall hold public preliminary hearings and conferences at such times and p.aces and upon such notice as it may determine to be necessary to inform itself and the public in the preparation of the tentative report. The tentative report, which shall include the proposed zoning ordinance with maps and other explanatory materials, shall be made to the governing body by the commission. (2) ACTION BY GOVERNING BODY. Within thirty days or such reasonable times as shall be agreed upon, the governing body or bodies of the area shall consider the tentative report of the planning commission and shall return it, with any suggestions and recommendations, to the commission so that the commission may prepare a final report. No ordinance under the authority of this part shall be passed until after the final report of the commission has been received by the governing body. (3) FINAL REPORT AND ACTION.-The 658 commission shall then make a final report to the governing body. Such final report shall not be made by the commission until it has considered the recommendations and suggestions of the governing body and until it has held at least one public hearing, with due public notice. The commission may hold such additional hearings as it may consider desirable. After the final report has been submitted by the commission, the governing body shall afford all interested persons an opportunity to be heard with reference to the proposed zoning ordinance at a public hearing with due public notice before adopting said ordinance. BlatorJ.-111, ch Zoning; supplementing or amending the zoning ordinance.- (!) The governing body may amend or supplement the regulations and districts fixed by any zoning ordinance adopted pursuant to this part after referral.and recommendations of the commission. Proposed changes may be suggested by the governing body, by the commission, or by petition of the owners of fiftyone percent or more of the area involved in the proposed change. In the latter case, the petitioners may be required to assume the cost of public notice and other costs incidental to the holding of public hearings. (2) The planning commission, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon, with due public notice, but shall in any case, if any change is to be considered by the commission, submit in writing its recommendations on the proposed change to the governing body for official action. The governing body shall hold a public hearing thereon, with due public notice, if any change is to be considered and shall then act on the proposed change. If the recommendation of the commission is adverse to the proposed change, such change shall not become effective except by an affirmative vote of a majority of the entire membership of the governing body, after due public notice. Hls&orJ ch Board of adjustment; creation and composition; terms; officers; etc.- ( I) CREATION AND COMPOSITION.-As part of the zoning ordinance, the governing body shall create a board of adjustment. The board of adjustment shall have not less than five nor more than ten members. Members of the board of adjustment shall be appointed by the governing body. In addition, the governing body may appoint not more than two alternate members, designating them as such. Such alternate members may act in the temporary absence or disability of any regular member, or may act when a regular member is otherwise disqualified in a particular case that may be presented to the board. No member or alternate member of the board of adjustment shall be a paid or elected official or employee of the governing body involved. (2) TERMS OF OFFICE, REMOVAL FROM

9 OFFICE, V ACANCIES.-Members of the board of adjustment shall serve for overlapping terms of not less than three or more than five years or thereafter until their successors are appointed. Not more than a minority of the terms of such members shall expire in any one year. Any member of the board of adjustment may be removed from office for cause by the appointing governing body upon written charges and after public hearing. Any vacancy occurring during the unexpired term of office of any member shall be filled by the governing body concerned for the remainder of the term. Such vacancy shall be filled within thirty days after the vacancy occurs. (3) OFFICERS, RULES OF PROCEDURE. EMPLOYEES AND SALARIES.-The board of adjustment shall elect a chairman and a vicechairman from among its members and shall appoint a secretary who may be an officer or employee of the governing body or of the planning commission. The board may create and fill such other offices as it may determine to be necessary for the conduct of its duties. Terms of all such offices shall be for one year, with eligibility for reelection. The board of adjustment shall adopt rules for transaction of its business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. (4) APPROPRIATIONS, FEES AND OTH ER INCOME.-The governing body is authorized and empowered to appropriate such funds as it may see fit for salaries, fees, and expenses necessary in the conduct of the work of the board of adjustment. The governing body is authorized to establish a schedule of fees to be charged by the board of adjustment. The board shall have the authority to expend all sums so appropriated and other sums made available for its use from fees and other sources for the purpose and activities authorized by this part. Rlalory ch Board of adjustment; powers and duties.-the board of adjustment shall have the following powers and duties: (1) To hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this part. (2) (a) To hear and decide such special exceptions as the board of adjustment is specifically authorized to pass on under the terms of the zoning ordinance; to decide such questions as are involved in the determination of when special exceptions should be granted; and to grant special exceptions with appropriate conditions and safeguards or to deny special exceptions when not in harmony with the purpose and intent of this part or any 659 ordinance enacted under the authority of this part. (b) In granting any special exception, the board shall find that such grant will not adversely affect the public interest. (c) In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this part and any ordinance enacted under it. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the ordinance. (d) The board of adjustment may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both. (e) The zoning ordinance shall require that the board of adjustment shall confer with the planning commission in all cases involving requests for special exceptions. (3) (a) To authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. 1n order to authorize any variance from the terms of the ordinance, the board of adjustment must find: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant;. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district; 4. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (b) In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this part and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be

10 deemed a violation of the ordinance. (c) The board of adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. (d) Under no circumstances except as permitted above shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. HlstorJ ch Board of adjustment; review of aaministrative orders.-in exercising its powers, the board of adjustment may, upon appeal and in conformity with provisions of this part, reverse or affirm, whollr or partly, or may modify the order, requuement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this part, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of all the members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under any such ordinance. HlotorJ.-115, ch Appeals to board of adjustment from decision of administrative official.-appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board, or bureau of the governing body affected by any decision of an administrative official under any zoning ordinance enacted pursuant to this part. Such appeal shall be taken within thirty days after rendition of the order requirement, decision, or determination app~aled from by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment all ~he documents, plans, papers, or other matenals constituting the record upon which the action appealed from was taken. Hlslory.- 16, ch Stay of work and proceedings on appeal.-an appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would cause imminent :peril to life or property. In such case, proceedmgs or work shall not be stayed except by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. Hlstory ch Board of adjustment; hearing of appeals.-the board of adjustment shall fix a. reasona.ble tij?e for the hearing of the appeal, give pubhc notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney. Appellants may be required to assume such reasonable costs in connection with appeals as may be determined by the governmg body through action in setting of fees to be charged for appeals. For procedural purposes, an application for a special exception shall be handled by the board of adjustment as for appeals. HlstorJ.-118, ch Judicial review of decisions of ~~ard of adjustment.-any person or persons, JOintly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board, commission, or bureau of the governing body, may apply to the circuit court in the judicial circuit where the board of adjustment is located for. judicial relief within thirty days after rendition of the decision by the board of adjustment. Review in the circuit court shall be either by a trial de novo, which shall be governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant. HlstorJ.- 18, ch Enforcement of zoning ordinances. ( I) The governing body shall provide for the enforcement of a zoning ordinance enacted pursuant to this part. A violation of this part or of such zoning ordinance is declared to be a misdemeanor of the first degree, punishable as provided in or Each day such offense continues after written notice shall be deemed a separate offense. The governing body is also empowered to provide civil penalties for such violations. (2) In case any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this part or any ordinance or other regulation made under authority conferred hereby, the 660

11 proper local authorities, in addition to other remedies, may institute any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, and to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, land, or water, and to prevent any illegal act, conduct of business, or use in or about such premises. History.- 20, ch ; 84, ch Regulation of subdivisions; purposes...,... (1) The public health, safety, comfort, economy, order, appearance, convenience, morals, and general welfare require the harmonious, orderly, and progressive development of land within Florida and its counties and incorporated municipalities. In furtherance of this general purpose, counties and incorporated municipalities, individually or in combination as authorized by this part, are authorized and empowered to adopt, amend, or revise and enforce measures relating to land subdivision. (2) The regulation of the subdivision of land is intended: (a) To aid in the coordination of land development in counties and incorporated municipalities in accordance with orderly physical patterns; (b) To discourage haphazard, premature, uneconomic, or scattered land development; (c) To insure safe and convenient traffic control; (d) To encourage development of economically stable and healthful communities; (e) To insure adequate utilities; (f) To prevent periodic and seasonal flooding by providing protective flood control and drainage facilities; (g) To provide public open spaces for recreation; (h) To insure land subdivision with installation of adequate and necessary physical improvements; (i) To insure that the citizens and taxpayers of incorporated municipalities and counties will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the developer of adequate and necessary physical improvements; (j) To insure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed; and (k) To serve as one of the several instruments of comprehensive plan implementation authorized by this part. Bistory.- 21, ch. 6D-13D Subdivision regulations; approval of subdivision plans by commission.- (!) In any area in which a commission has been established in accordance with the provisions of this part and in which a comprehensive plan or such portion of a comprehensive plan as relates to the major street plan shall have been adopted, the governing body may designate the commission as its accredited representative for the purpose of approving subdivision plans and of approving plats, as provided in chapter 177. When so designated by ordinance, the commission shall be the agency which shall perform all or any designated portion of the functions prescribed in this part or in chapter 177 with respect to preparation of subdivision regulations, approval of subdivision plans, approval of plats, action on improvements and performance bonds relating thereto, and findings precedent to the reversion of subdivided land to acreage. (2) When the commission has been accredited by the governing body for the approval of subdivision plans and of plats, it shall approve or disapprove subdivision plans and plats within a reasonable time after submission thereof. If a subdivision plan and plat is disapproved, the grounds for disapproval shall be stated on the records of the commission, and a statement in writing of such grounds of disapproval shall be furnished to the developer or his agent. If it is desired to hold a hearing upon any subdivision plan and plats submitted to the commission for consideration, parties in interest shall be notified by due public notice. (3) Approval of subdivision plans and plats by the commission shall not constitute or effect an acceptance of the dedication of any street or any other ground shown upon the plat. The authority to accept dedications of land for whatsoever purpose shall be exercised exclusively by the governing body to which the dedication is deemed to be made, and such authority may not be delegated. History.- 22, ch. 69-lJD Subdivision regulations; a~option and amendment.- (!) The commission, when accredited by the governing body for the approval of subdivision plans and plats under the provisions of this part and chapter 177, shall prepare and recommend to the governing body for adoption regulations governing the subdivision of land within the area. Before the adoption of subdivision regulations or any amendment thereto, the governing body shall hold a public hearing thereon, with due public notice. Any proposed amendment to the subdivision regulations not initiated by the commission shall be submitted by the governing body to the commission for a report and its statement of approval or disapproval and the reasons therefor. Regardless of the source of the proposal for change, the commission shall hold a public hearing or hearings thereon, with due public notice. (2) Subdivision regulations prepared by the commission and adopted by the governing body or any amendments to such subdivision regulations may provide regulatory measures

12 to insure the achievement of those purposes and objectives set forth in Such regulatory measures may also provide: (a) That the commission shall not approve any subdivision plan and plat unless it finds after full consideration of all pertinent data that the subdivision can be served adequately and economically with such normal public facilities and services as are suitable in the circumstances of the particular case; (b) That the standards and requirements set out in the regulations may be modified by the commission in the case of a plan and program for a new town, a complete community or a neighborhood unit, which, in the judgment of the commission, will assure conformity with and achievement of the comprehensive plan and the purposes of this part. In granting any such modifications, the commission may require such reasonable conditions and safeguards as will secure substantially the objectives of the standards or requirements so modified; (c) That the commission shall not approve any subdivision plan and plat unless the land included within the subdivision is suitable for the various purposes proposed in the request for subdivision approval; (d) For the tentative or preliminary approval of the subdivision plan and plat prior to the installation of required improvements, but such tentative or preliminary approval shall not be entered on the subdivision plan and plat; (e) That the developer may install required improvements in accordance with subdivision regulations prior to final subdivision approval. As an alternative, such regulations may provide that a surety bond, executed by a company authorized to do business in the state that is satisfactory to the governing body, payable to such governing body in sufficient amount to assure the completion of all required improvements and providing for and securing to the public the actual construction and installation of such improvements within a period required by the commission and expressed in the bond. As a further alternative to the provisions of a surety bond, such regulations may provide, in lieu of such surety bond, for a deposit of cash in an escrow account or such other collateral as the governing body may deem reasonable and proper whereby the governing body is put in a position to provide reasonable assurances for completion of the required improvements. In any event, the commission is hereby granted the power to enforce such bonds, security deposits or other collateral agreements by appropriate legal proceedings. History.- 23, ch to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land without having submitted a plan and plat of such subdivision for approval as required by this part and without having recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be guil~y of a misdej?leanor of the first degree, pumshable as provided in or The governing body through its legal representative may enjoin such transfer, sale, or agreement. Failure to comply with the provisions of this section shafl not impair the title of land so transferred or affect the validity of the title conveyed. However, a purchaser of land sold in violation of this section shall, within one year from the date of purchase thereof, be entitled to bring an appropriate action to avoid such sale or to bring action against the seller for any damages which he suffers as a result of the seller's unlawful act, or both. History.- 24, ch ; 85, ch Subdivision regulations; reversion of subdivided land to acreage.- (1) The owner of any land subdivided into lots may file for record a plat for the purpose of showing such land as acreage. Such plat and the procedure in connection therewith shall conform to the requirements of this part, regulations adopted pursuant thereto, and chapter 177, except that-: (a) No survey or certificate of any surveyor or engineer shall be required. However, the governing body may require a survey. of the exterior boundaries of the land and the placing of suitable monuments along such boundaries if it finds that the last preceding survey of record is faulty or inadequate or that insufficient monuments are in position along such boundaries. (b) No improvements shall be required, except such as may be necessary to provide equivalent access, as provided hereafter in this section. (c) No findings need be made as to the suitability of the land or as to the provision of public facilities and services for it. (2) The governing body may, on its own motion, order the vacation and reversion to acreage of all or any part of a subdivision within its jurisdiction, including the vacation of streets or other parcels of land dedicated for public purposes or any of such streets or other parcels, when: The plat of the subdivision was re Subdivision regulations; penalties corded as provided by law not less than five for transferring lots in unrecorded subdivisions.-when a governing body has adopted (b) In the subdivision or part thereof, not years before the date of such action; and subdivision regulations in accord with this more than ten percent of the total subdivision part, it shall be unlawful for anyone who is area, has been sold as lots by the original the owner or agent of the owner of any land subdivider or his successor in title. 662 (a)

13 Such action shall be based on a finding by the governing body or by its accredited representative for the approval of subdivision plats that the proposed vacation and reversion to acreage of subdivided land conforms to the comprehensive plan of the area and that the public health, safety, economy, comfort, order, convenience, and welfare will be promoted thereby. Before acting on a proposal for vacation and reversion of subdivided land to acreage, the governing body or its accredited representative shall hold a public hearing thereon, with due public notice. (3) (a) If land in a subdivision or part thereof is proposed for reversion to acreage, either at the instance of the governing body or by filing a plat by the owner, and such land is subject to existing zoning regulations, the governing body shall, upon recommendation of the planning commission or other board or commission dealing with the recommendations as to zoning, where such agency exists concurrently with the proceedings for vacation and reversion to acreage, or for consideration of an action on such plat, conduct proceedings for such amendment of such zoning regulations as may be deemed advisable in view of the conditions that will exist subsequent to such reversion to acreage. (b) No owner of any parcel of land in a subdivision shall be deprived by the reversion to acreage of any part of the subdivision of reasonable access to such parcel nor of reasonable access therefrom to existing facilities to which such parcel has theretofore had access. Such access remaining or provided after such vacation need not be the same as that theretofore existing, but shall be reasonably equivalent thereto. Blotory.-t25, ch Subdivision regulations; erection of buildings adjacent to unapproved streets. In any area in which a planning commission has been established and made the accredited representative of the governing body for the purpose of plat approval and for which a comprehensive plan, or such portion of a comprehensive plan as relates to the major street plan, has been adopted, the following limitation shall apply concerning erection of buildings adjacent to unapproved streets: No building shall be erected on a lot or parcel of land within the area, nor shall any building permit be issued therefor, unless the street giving access to the lot or parcel on which such building is proposed to be placed has been accepted and opened as a public street, has otherwise received the legal status of a public street, has been accepted by the governing body and is shown on a recorded subdivision plat, or is a private street dedicated for the use of certain lots or parcels but not accepted for maintenance by the governing body or available for use by the public. Blotorr.-126, ch Subdivision regulations; delegation 663 of authority to other governmental agencies. Nothing contained in this part shall prevent the governing body from assigning part or all of the powers and duties described in to to agencies other than the commission. Governing bodies are hereby empowered to make such assignment of part or all of such powers and duties for the purpose of carrying out and enforcing the provisions of to , relative to approval of subdivision plans and plats and other matters contained herein. Hlstory.-f27. ch Building, plumbing, electrical, gas, fire, safety, and sanitary codes.-the several counties and incorporated municipalities, individually or in combination as authorized by this part, are authorized and empowered to adopt and, from time to time, amend or revise and enforce building, plumbing, electrical, gas, fire, safety, and sanitary codes after a public hearing with due public notice. Such codes are declared to be necessary to promote and preserve the public health, safety, comfort, order, appearance, convenience, morals, and general welfare. Such codes are declared to be one of the several instruments for implementing such comprehensive plans or parts thereof as may have been or hereafter may be adopted. Such codes may be adopted by reference if at least three copies of each such code are kept available for public use, inspection, and examination at some public office under the jurisdiction of the governing body to be determined by the governing body at the time of the adoption of such code or codes. The penalty provisions for the violation of such codes shall be set out in full in the ordinance adopting the code or codes. The provisions of this section shall not be interpreted to authorize the adoption and enforcement of any minimum housing code or public school building codes. Hlstory ch Fees and charges; employment of personnel.- (!) The several counties and incorporated municipalities of this state, individually or in combination as authorized by this part, are empowered to determine and set equitable fees and charges for the services and activities necessary to the administration of any ordinance or regulation enacted pursuant to this part. (2) The several counties and incorporated municipalities of this state, individually or in combination as authorized by this part, are empowered to employ personnel of the type and kind necessary to administer and enforce any ordinance or regulation enacted pursuant to this part. Hlstory.-i29, ch Enforcement of ordinances and reg ulations.-the governing body shall provide by ordinance for the enforcement of any ordinance or regulation enacted under the provisions

14 of this part. When appropriate, violation of any ordinance or regulation passed under this part may be deemed a misdemeanor, punishable as provided by law. The governing body may have recourse to such legal remedies as may be necessary to insure compliance with the provision of any ordinance or regulation enacted pursuant to this part. Hlstory ch. 6D-13D Construction.-This part shall be liberally construed to promote the purposes for which it is intended except for the penalty provisions, which shall be strictly construed against the commission or governing body. History ch. 6D-13D Effect of part II on existing planning and plan implementation authorization.- (!) A county or incorporated municipality, jointly or individually as set out in this part, desiring to utilize the provisions of this part must take formal suitable action declaring its election to proceed under the provisions of this part. Any county or incorporated municipality which, prior to September 1, 1969, had the authority to engage in planning and plan implementation from whatever source derived may continue to operate under such preexisting authority until the governing body of such county or incorporated municipality shall declare this part to be effective therein. (2) Any municipal or county ordinance legally enacted under the provisions of any such preexisting power and authority shall remain in force and effect after this part becomes effective until the county or municipality has elected to proceed under the provisions of this part and has brought such resolution or ordinance into conformity with the provisions of this part. However, after this part becomes effective in any county or municipality, such resolutions and ordinances shall be administered under the provisions of this part, and any amendments to any such county or municipal ordinance shall be made under the provisions of this part. Hlstory ch. 6D-13D Short title Findings and declarations of necessity Definitions Encouragement of private enterprise Workable program Finding of necessity by counties or municipalities Community redevelopment plans Neighborhood and community-wide plans Powers; counties and municipalities Eminent domain Disposal of property in community redevelopment area Issuance of bonds Bonds as legal investments Property exempt from taxes and from levy and sale by virtue of an execution Cooperation by public bodies Short title.-this part III of chapter 163 shall be known and may be cited as the "community redevelopment act of 1969." Hlslory.- 1. ch. 6D Findings and declarations of neces sity.- (1) It is hereby found and declared that there exist in counties and municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous burdens PART III COMMUNITY REDEVELOPMENT ACT Title of purchaser Exercise of powers in counties with home rule charters Exercise of powers in counties without home rule charters Exercise of powers in carrying out community redevelopment project and related activities Community redevelopment agency Powers supplemental to existing community redevelopment powers Public officials, commissioners, and employees prohibited from acquiring an interest Assistance to community redevelopment by state agencies Municipal and county participation in neighborhood development programs under U.S.P.L. 90-'448. which decrease the tax base and reduce tax revenues, substantially impairs or arrests sound growth, retards the provision of housing accommodations, aggravates traffic problems and substantially hampers the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and its counties and municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.

15 (2) It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this part, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this part, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils enumerated may be eliminated, remedied, or prevented; and that salvageable slum and blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized and the cooperation and voluntary action of the owners and tenants of property in such areas. (3) It is further found and declared that the powers conferred by this part are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised, and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination. BlstorJ.- 2. ch Definitions.-The following terms, wherever used or referred to in this part, shall have the following meanings: (1) "Agency" or "community redevelopment agency" means a public agency created by (2) "Public body" means the state or any county, municipality, authority, district or any other public body of the state. ' (3) "Governing body" means the council or other legislative body charged with governing the county or municipality. (4) "Mayor" means the mayor of a municipality or, for a county, the chairman of the board of county commissioners or such other officer as may be constituted by law to act as the executive head of such municipality or county. (5) "Clerk" means the clerk or other official of the county or municipality who is the custodian of the official records of such county or municipality. (6) "Federal government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States. (7) "Slum area" means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. (8) "Blighted area" means an area in which there are a substantial number of slum, deteriorated, or deteriorating structures and conditions which endanger life or property by fire or other causes or one or more of the following factors which substantially impairs or arrests the sound growth of a county or municipality and is a menace to the public health, safety, morals, or welfare in its present condition and use: (a) Predominance of defective or inadequate street layout; (b) Faulty lot layout in relation to size, adequacy, accessibility or usefulness; (c) Unsanitary or unsafe conditions; (d) Deterioration of site or other improvements; (e) Tax or special assessment delinquency exceeding the fair value of the land; and (f) Diversity of ownership or defective or unusual conditions of title which prevents the free alienability of land within the deteriorated or hazardous area. (9) "Community redevelopment project" means undertakings and activities of a county or municipality in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, and may include slum clearance and redevelopment in a community redevelopment area, rehabilitation or conservation in a community redevelopment area, or any combination or part thereof in accordance with a community redevelopment plan. (10) "Community redevelopment area" means a slum area or a blighted area or a combination thereof which the governing body designates as appropriate for a community redevelopment project. (11) "Community redevelopment plan" means a plan, as it exists from time to time, for a community redevelopment project. (12) "Related activities" means: (a) Planning work for the preparation of a general neighborhood redevelopment plan or for the preparation or completion of a community-wide plan or program pursuant to ; and (b) The functions related to the acquisition and disposal of real property pursuant to (4). (13) "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith and every estate, interest, right and use, legal or equitable, therein, including but not limited to terms for years and liens by way of judgment, mortgage, or otherwise. (14) "Bonds" means any bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures, or other obligations. (15) "Obligee" means and includes any bondholder, agents or trustees for any bondholders, or lessor demising to the county or 665

16 municipality property used in connection with community redevelopment, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the county or municipality. (16) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other person acting in a similar representative capacity. (17) "Area of operation" means, for a county, the area within the boundaries of the county, and for a municipality, the area within the corporate limits of the municipality. (18) "Housing authority" means a housing authority created by and established pursuant to chapter 421. (19) "Board" or "commission" means a board, commission, department, division, office, body or other unit of the county or municipality. (20) "Public officer" means any officer who is in charge of any department or branch of the government of the county or municipality relating to health, fire, building regulations, or other activities concerning dwellings in the county or municipality. Blotor:r.-13, ch Encouragement of private enterprise.-any county or municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this part, shall afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprise. Any county or municipality shall give consideration to this objective in exercising its powers under this part, including the formulation of a workable program, the approval of community redevelopment plans, community-wide plans or programs for community redevelopment, and general neighborhood redevelopment plans (consistent with the general plan of the county or municipality), the exercise of its zoning powers, the enforcement of other Jaws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements. Blotor:r.- 4, ch Workable program.-any county or municipality for the purposes of this part may formulate for the county or municipality a workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slums and urban blight, to encourage needed community rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activities or other feasible county or municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may 666 include provision for the prevention of the spread of blight into areas of the county or municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements encouraging voluntary rehabilitation, and com: pelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum and blighted areas or portions thereof. Blstor:r.-15. ch Finding of necessity by counties or municipalities.-no county or municipality shall exercise the authority conferred by this part until after the governing body shall have adopted a resolution finding that: (1) One or more slum or blighted areas exist in such county or municipality; a11d, (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. Hlotor:r.-f6. ch Community redevelopment plans. (1) A community redevelopment project for a community redevelopment area shall not be planned or initiated unless the governing body has, by resolution, determined such area to be a slum area or a blighted area or a combination thereof and designated such area as appropriate for a community redevelopment project. (2) The community redevelopment plan shall: (a) Conform to the general plan for the county or municipality as a whole except as provided in subsection (8); and (b) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the community redevelopment area, zoning and planning changes, if any, land uses, maximum densities, and building requirements. (3) The county or municipality may itself prepare or cause to be prepared a community redevelopment plan, or any person or agency, public or private, may submit such a plan to a county or municipality. Prior to its approval of a community redevelopment project, the governing body shall submit such plan to the planning commission of the county or municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the county or municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed community redevelopment plan to the governing body within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission,

17 or, if no recommendations are received within said thirty days, then without such recommendations, the governing body may proceed with the hearing on the proposed community redevelopment project prescribed by subsection (4). (4) The governing body shall hold a public hearing on a community redevelopment project after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the county or municipality. The notice shall describe the time, date, place and purpose of the hearing, identify generally the community redevelopment area covered by the plan, and outline the general scope of the community redevelopment project under consideration. (5) Following such hearing, the governing body may approve a community redevelopment project and the plan therefor if it finds that: (a) A feasible method exists for the location of families who will be displaced from the community redevelopment area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (b) The community redevelopment plan conforms to the general plan of the county or municipality as a whole; (c) The community redevelopment plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plans; and (d) The community redevelopment plan will afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole, for the rehabilitation or redevelopment of the community redevelopment area by private enterprise. (6) If the community redevelopment area consists of an area of open land to be acquired by the county or the municipality, such area shall not be so acquired unless: (a) In the event the area is to be developed for residential uses, the governing body shall determine: 1. That a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the county or municipality; 2. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; 3. That the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare ; and 4. That the acquisition of the area for residential uses is an integral part of and essential to the program of the county or municipality, or (b) In the event the area is to be developed for nonresidential uses, the governing body shall determine that such nonresidential uses 667 are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this part, because of defective or unusual conditions of title or diversity of ownership which prevents the free alienability of such land, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, lack of correlation of the area with other areas of a county or municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. (7) A community redevelopment plan may be modified at any time. However, if modified after the lease or sale by the county or municipality of real property in the community redevelopment project area, such modification may be conditioned upon such approval of the owner, lessee, or successor in interest as the county or municipality may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert. (8) Upon the approval of the governing body of a community redevelopment plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective community redevelopment area, and the county or municipality may then cause such 'plan or modification to be carried out in accordance with its terms. (9) Notwithstanding any other provisions of this part, when the governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the governor of the state has certified the need for disaster assistance under federal law, that area may be certified as a "blighted area," and the governing body may approve a community redevelopment plan and a community redevelopment project with respect to such area without regard to the provisions of subsection (5) and the provisions of this section requiring a general plan for the county or municipality and a public hearing on the community redevelopment project. Hlstory.- 7. ch Neighborhood and community-wide plans.- ( I) Any municipality or county or any public body authorized to perform planning work may prepare a general neighborhood redevelopment plan for a community redevelopment area or areas, together with any adjoining areas having specially related problems, which may be of such scope that redevelopment activities may have to be carried out in stages. Such plans may include, but not be limited to, a preliminary plan which :

18 (a) Outlines the community redevelopment activities proposed for the area involved; (b) Provides a framework for the preparation of community redevelopment plans; and (c) Indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation and improvement of property and portions of the area contemplated for clearance and redevelopment. A general neighborhood redevelopment plan shall, in the determination of the governing body, conform to the general plan of the locality as a whole and the workable program of the county or municipality. (2) Any county or municipality or any public body authorized to perform planning work may prepare or complete a community-wide plan or program for community redevelopment which shall conform to the general plan for the development of the county or municipality as a whole and may include, but not be limited to, identification of slum or blighted areas, measurement of blight, determination of resources needed and available to renew such areas, identification of potential project areas and types of action contemplated, and scheduling of community redevelopment activities. (3) Authority is hereby vested in every county and municipality to prepare, adopt, and revise from time to time a general plan for the physical development of the county or municipality as a whole (giving due regard to the environs and metropolitan surroundings), to establish and maintain a planning commission for such purpose and related county or municipal planning activities, and to make available and to appropriate necessary funds therefor. Ulotor:r.- 8, ch Powers; counties and municipali ties.-every county and municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers in addition to others herein granted: (1) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this part; to disseminate slum clearance and community redevelopment information; to undertake and carry out community redevelopment projects and related activities within its area of operation, such projects to include: (a) Acquisition of a slum area or a blighted area or portion thereof; (b) Demolition and removal of buildings and improvements; (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the community redevelopment area the community redevelopment objectives of this part in accordance with the community redevelopment plan; (d) Disposition of any property acquired in 668 the community redevelopment area at its fair value for uses in accordance with the community redevelopment plan; (e) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan; (f) Acquisition of real property in the community redevelopment area which under the community redevelopment plan, is t~ be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property; (g) Acquisition of any other real property in the community redevelopment area when necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density eliminate obsolete or other uses detrimental to' the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; (h) Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing (and related facilities and uses) designed specifically for and limited to, families and individuals of l~w or moderate income; (i) Construction of foundations and platforms necessary for the provision of air rights sites of housing (and related facilities and uses) designed specifically for, and limited to families and individuals of low or modera~ income. (2) To provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with a community redevelopment project; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public inprove.. ments; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards in the undertaking or carrying out of a co~munity redevelopment project and related activities and to include in any contract let in connectior{ with such a project and related activities, provisions to fulfill such of said conditions as it may deem reasonable and appropriate; (3) Within its area of operation: (a) To enter into any building or property in any community redevelopment area in order to make inspections, surveys, appraisals, soundings, or test borings and to obtain an order for

19 this purpose from a court of competent jurisdiction in the event entry is denied or resisted; (b) To acquire by purchase, lease, option, gift; grant, beq'uest, devise, eminent domain or otherwise, any real property (or personal property for its administrative purposes) together with any improvements thereon; (c) To hold, improve, clear or prepare for redevelopment any such property; (d) To mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; (e) To insure or provide for the insurance of any-real or personal property or operations of the county or municipality against any risks or hazards, including the power to pay premiums on any such insurance; and (f) To enter into any contracts necessary to effectuate the purposes of this part. However, no statutory provision with respect to the acquisition, clearance or disposition of property by public bodies shall restrict a county or municipality or other public body exercising powers hereunder in the exercise of such functions with respect to a community redevelopment project and related activities unless the legislatur-e shall specifically so state; ( 4) With the approval of the governing body: (a) Prior to approval of a community redevelopment plan, or approval of any modifications of the plan, to acquire real property in a community redevelopment area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses; and (b) To assume the responsi_bility to bear any loss that may arise as the result of the exercise of authority under this subsection in the event that the real property is not made part of the community redevelopment project; (5) To invest any community redevelopment funds held in reserves or sinking funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control; to redeem such bonds as have been issued pursuant to of this part at tl}e redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled; (6) To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the federal government, the state, county, or other public body, or from any sources, public or private, for the purposes of this part, and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the federal government for or with respect to a community redevelopment project and related activities such conditions imposed pursuant to federal laws as the county or municipality may deem reasonable and appropriate and which are not inconsistent with the purposes of this part; (7) Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this part and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify and amend such plans, which plans may include, but not be limited to: (a) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements; (b) Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and (c) Appraisals, title searches, surveys, stud"' ies, and other plans and work necessary to prepare for the undertaking of community redevelopment projects and related activities; (8) To develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight and developing and demonstrating new or improved means of providing housing for families and persons of low income; (9) To apply for, accept and utilize grants of funds from the federal government for such purposes; (10) To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations and others) displaced from a community redevelopment area, and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government; (11) To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this part; to zone or rezone any part of the county or municipality or make exceptions from building regulations; and to enter into agreements with a housing authority or a community redevelopment agency vested with community redevelopment powers under of this part (which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary), respecting action to be taken by such county or municipality pursuant to any of the powers granted by this part; ( 12) To close, vacate, plan or replan streets, roads, sidewalks, ways or other places; and to plan or replan any part of the county or municipality; (13) Within its area of operation, to or- 669

20 ganize, coordinate, and direct the administration of the provisions of this part, as they may apply to such county or municipality in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such county or municipality may be most effectively promoted and achieved, and to establish such new office or offices of the county or municipality or to reorganize existing offices in order to carry out such purpose most effectively; and (14) To exercise all or any part or combination of powers herein granted. Rlotor:r.-te, eh Eminent domain.- (1) Any county or municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with a community redevelopment project and related activities under this part. Any county or municipality may exercise the :power of eminent domain in the manner provided in chapters 73 and 74 and acts amenda-' tory thereof or supplementary thereto, or it may exercise the power of eminent domain in the manner now or which may be hereafter provided by any other statutory provisions for the exercise of the power of eminent domain. Prope.rty already devoted to a public use may be acquired in like manner. However, no real property belonging to the United States, the state, or any political subdivision of the state may be acquired without its consent. (2) In any proceeding to fix or assess compensation for damages for the taking of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages in addition to evidence or testimony otherwise admissible: (a) Any use, condition, occupancy, or operation of such property, which is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under, any law, ordinance, or regulatory measure of the state, county, municipality, or other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, unsanitary, or otherwise contrary to the public health, safety, morals, or welfare; (b) The effect on the value of such property, of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy, or operation. (3) The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination, or correction of any such use, condition, occupancy, or operation. Testimony 670 or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made, or issued any judgment, decree, determination, or order for the abatement, prohibition, elimination, or correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition, or operation. Blstor:r.- 10, eh Disposal of property in community redevelopment area.- (1) Any county or municipality may sell, lease or otherwise transfer real property or any interest therein acquired by it for a community redevelopment project, and may enter into contracts with respect thereto, in a com-' munity redevelopment area for residential, recreational, commercial, industrial, educational or other uses or for public use, or may retain such property or interest for public use, in accordance with the community redevelopment plan, subject to such covenants, conditions and restrictions, including covenants running with the land, as it may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this part. However, such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only after the approval of the community redevelopment plan by the governing body. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only t(} the uses specified in the community redevelopment plan, and may be obligated to comply with such other requirements as the county or municipality may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the community redevelopment plan. Such real property or in terest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the community redevelopment plan and in accordance with competitive bidding procedures conforming with those required for sales of state lands as set forth in through In determining the fair value of real property for uses in accordance with the community redevelopment plan, the county or municipality shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions, and obligations assumed by the purchaser or lessee or by the county or municipality retaining the property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. The county or municipality in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease, or otherwise transfer the real property without the prior written consent of the county or mu-