PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 111, ARTICLE 5, FALSE ALARM REDUCTION, GENERAL ORDINANCES, MARTIN COUNTY CODE AND ADOPTION OF A RESOLUTION ESTABLISHING AN ADMINISTRATIVE FEE FOR APPEALS
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance amending Chapter 111, Article 5, False Alarm Reductions, General Ordinances, Martin County Code and adoption of a resolution establishing an administrative fee for appeals. The revisions to the False Alarm Ordinance were requested by the Martin County Sheriff’s Office and the Martin County Code Enforcement Division.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: County Attorney
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
This is a public hearing to consider adoption of an ordinance amending Chapter 111, Article 5, False Alarm Reductions, General Ordinances, Martin County Code. The Martin County Sheriff’s Office and the County Code Enforcement Division have worked together to establish procedures for property owners and/or alarm operators to appeal fines, suspensions and revocations under the Martin County False Alarm Ordinance. The proposed amendment makes minor revisions to the current ordinance for consistency with the procedures for appeals.
The proposed ordinance also provides that the Board of County Commissioners may establish an administrative fee to offset the cost of the appeal. The attached resolution establishes an administrative fee of $50.
This public hearing was advertised in The Stuart News on February 13, 2026.
ISSUES:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board adopt the proposed Ordinance amending the False Alarm Reduction Ordinance.
2. Move that the Board adopt a Resolution establishing an administrative fee for appeals under False Alarm Reduction Ordinance.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☒Resolution
☐Other: