Miami Herald, The
March 19, 2024
NOTICE OF RULE MAKING BY THE WESTVIEW NORTH COMMUNITY DEVELOPMENT DISTRICT AND PUBLIC HEARING THEREON
In accordance with Chapters 120 and 190, Florida Statutes, the Westview North Community Development District (the "District") hereby gives notice of its intention to enact and establish the certain Division of Environmental Resources Management ("DERM) Rules governing the operations of and within the District pertaining to one or more Declaration of Restrictive Covenants (collectively, "DRC") recorded against lands within the District, and which provide that the District is responsible for certain obligations described in the Engineering Control Maintenance Plans ("ECMP") and Miami-Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management requirements within the District (collectively, the "DERM Rules").
Specific legal authority for the DERM Requirements includes Sections 190.035, 190.011(5), 120.54, and 120.81 Florida Statutes. A copy of the proposed DERM Rules may be obtained by contacting the District Manager, Luis Hernandez, Governmental Management Services South Florida, LLC (GMS-SF), c/o Westview North Community Development District, 5385 N. Nob Hill Road, Sunrise, Florida 33351, or by telephone at (954) 721-8681. Participants and interested persons are strongly encouraged to submit questions and comments to the District Manager's Office at info@gmssf.com or by calling (954) 721-8681, in advance of the meeting and public hearing referenced below to facilitate the Board's consideration of such questions and comments during the meeting.
The Board of Supervisors of the District will hold a public hearing on April 19, 2024 at 9:45 a.m. at the offices of Lennar Homes, 5505 Waterford District Drive Miami, Florida 33126, to receive public comment on the adoption of the DERM Rules pertaining to the DERM and DRC requirements. The public hearing will provide an opportunity for the public to address and comment upon the proposed DERM Rules. The proposed DERM Rules may be adjusted at the public hearing pursuant to discussion by the Board of Supervisors and public comment.
The proposed DERM Rules provide for the inspection, maintenance, compliance, and reporting requirements regarding properties situated within the District boundaries and as described in the DRC. The District is required to conduct certain routine inspections of property within the District boundaries, including residential private property, to ensure compliance with the DRC and ECMP, require notification by the individual property owners of any penetration of the engineering controls on their property and any interaction with groundwater and reporting to DERM. Pursuant to the ECMP, the District is responsible for the maintenance of engineering controls, disclosing environmental conditions to prospective contractors, retention of a Florida licensed professional engineer to oversee and document work performed below the engineering controls, and submit Source Removal Reports and Engineering Control Repair reports, as necessary, as described in the DRC and ECMP. The DERM Rules require property owners within the District to comply with the DRC and ECMP, to inform the District of any intention of digging holes or trenches that would disturb or penetrate the engineering controls or any intention to interact with groundwater, provide proof to the District of Miami-Dade County permits in compliance with the DRC, notify the District of any violations of DRC or DERM requirements received from DERM, and disclose the environmental conditions and requirements of the DRC and ECMP to prospective contractors, engage a professional engineer to oversee any such work, and provide reports to the District. The DERM Rules further provide for the District to repair and restore any damage to engineering controls and recoup the costs thereof, plus interest, from the property owner.
IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN AT LEAST THREE DAYS PRIOR TO ANY PROCEEDINGS, CONTACT LUIS HERNANDEZ, GOVERNMENTAL MANAGEMENT SERVICES AT (954) 721-8681.
All interested parties may appear at the above public hearing at the stated time and place. Any person who wishes to provide the District with a proposal for a lower cost regulatory alternative as provided by Section 120.541(1), Florida Statutes, must do so in writing within twenty-one (21) days after publication of this notice. This public hearing may be continued to a date, time, and place to be specified on the record at the hearing. The public record of this hearing may be examined at the office of the District Manager set forth above.
Pursuant to Section 286.0105, Florida Statutes, the Westview North Community Development District advises the public that: If a person decides to appeal any decision made by this Board with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected persons may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Board for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
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