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Draft for May 7, 2018 Hearing ORDINANCE 2018 - AN ORDINANCE OF THE FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS RECOGNIZING THE RIGHT OF CUSTOMARY USE OF THE BEACH BY THE PUBLIC SUBJECT TO LIMITATIONS; PROVIDING FOR FINDINGS; PROVIDING FOR CODIFICATION AND SCRIVENER ERRORS; PROVIDING FOR JUDICIAL REVIEW AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, most of the public do not realize that many of the dry sandy beaches of the State including within Flagler. County are part of privately owned parcels along the coastline; and Whereas, the recent passage of Chapter 2018-094, Laws of Florida, means that the County may pass an ordinance prior to July 1, 2018, recognizing the right of members of the public to utilize the beaches of the County as they have without dispute since time immemorial; and Whereas, after July 1, 2018, the County may still pass an ordinance recognizing the customary use of the beaches by the public, but only after filing a complaint in the Circuit Court against its own citizens who own property along the beachfront; and Whereas, the County is engaged in the largest capital project of its existence in repairing its 18 mile coastline from the catastrophic damages wrought by Hurricanes Matthew and Irma in order that neighborhoods on the barrier island will be protected and the public can enjoy the beaches; and Whereas, the damages from the hurricanes exposed beachfront property to extensive loss and made them vulnerable to further damage from nor'easters and other high tide events; and Whereas, some oceanfront homes were "red tagged," preventing homeowners from entering or using their homes with some homes perched perilously on escarpments at risk of collapsing; and Whereas, due to the destruction of the dunes, including the obliteration of any of the stabilizing vegetation of the dunes, some homes flooded two and three times as ocean water poured inland from the hurricanes and from later tidal events; and 198