HomeMy WebLinkAboutPacket 07-10-2007 Workshop AAla4,
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;i , : City of Cape Canaveral
CITY COUNCIL WORKSHOP MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 10, 2007
5:30 PM
AGENDA
CALL TO ORDER:
ROLL CALL:
DISCUSSION:
1. Proposed Chronic Nuisance Ordinance.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council
with respect to any matter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person may need to ensure
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 City for the introduction or admission into evidence
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law. Persons with disabilities needing
assistance to participate in any of these proceedings should contact the City
Clerk's office (868-1221) 48 hours in advance of the meeting.
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105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
vvww.myflorida.com/cape • e-mail: ccapecanaveralc?cfl.rr.com
Meeting Type: Workshop _4644.
Meeting Date: 07/10/07 0;1-
t .. AGENDA
Heading Discussion
Item 1
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: PROPOSED CHRONIC NUISANCE ORDINANCE
DEPT./ DIVISION: PUBLIC SAFETY/ CODE ENFORCEMENT
Requested Action:
City Council review and comment on the proposed chronic nuisance ordinance as recommended by
the Code Enforcement Board.
Summary Explanation & Background:
On June 25, 2007, the Code Enforcement Board, by unanimous vote, recommended the proposed
chronic nuisance ordinance for City Council's consideration.
Discussion item only.
Exhibits Attached:
Code Enforcement Board's memo; draft ordinance.
City Mana, • ' Offic- - Department
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CITY OF
CAPE CANAVERAL
Date: June 26, 2007
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Joy Lombardi, Code Enforcement Board Secretary ,if
Re: Recommendation to the City Council Regarding the Chronic Nuisance
& Civil Citation Codes
On June 25, 2007 The Code Enforcement Board reviewed the Chronic Nuisance Code
and the Civil Citation Code.
By unanimous vote, the Board recommended approval of the proposed Chronic Nuisance
Ordinance. However, the Board postponed recommendation of the Civil Citation Code
until the July meeting for further review.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com
Draft June 21, 2007
ORDINANCE NO. -2007
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA,AMENDING CHAPTER 2,ARTICLE VI.,OF THE
CAPE CANAVERAL CODE OF ORDINANCES REGARDING
CODE ENFORCEMENT; CREATING A NEW DIVISION
REGARDING CHRONIC NUISANCE PROPERTIES;
ESTABLISHING A REASONABLE NUMBER OF NUISANCE
ACTIVITY CALLS PER PROPERTY IN ANY THIRTY (30)
DAY PERIOD AND SETTING FORTH USER CHARGES FOR
NUISANCE ACTIVITIES CALLS IN EXCESS OF THE
REASONABLE NUMBER; AUTHORIZING A LIEN TO BE
FILED FOR FAILURE OF PROPERTY OWNERS TO PAY
USER CHARGES; PROVIDING FOR EXEMPTIONS AND
APPEALS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE;SEVERABILITY;AND
AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, certain properties located within the City of Cape Canaveral, due to their
appearance or condition or due to activities taking place at said properties, generate more than the
average number of law enforcement and/or code enforcement calls in response to said appearance,
condition or activities at said properties; and
WHEREAS, excessive law enforcement and/or code enforcement calls to the same
properties place an undue and inappropriate burden on the taxpayers of the City of Cape Canaveral
and create chronic nuisances; and
WHEREAS,the City Council desires to charge the owners of the properties at which these
chronic nuisance activities repeatedly occur under the terms set forth in this ordinance; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety,and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County,Florida,as follows:
City of Cape Canaveral
Ordinance No._-2007
Page 1 of 8
Draft June 21, 2007
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 2,Administration,of the Code of Ordinances,
City of Cape Canaveral,Horida,is hereby amended as follows(underlined type indicates additions
and strikeout type indicates deletions,while asterisks(* * *)indicate a deletion from this Ordinance
of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
CHAPTER 2.ADMINISTRATION
* * *
ARTICLE VI. CODE ENFORCEMENT
* * *
DIVISION 3. CODE ENFORCEMENT CITATIONS
* * *
DIVISION 4. CHRONIC NUISANCE PROPERTY
Sec. 2-292. Purpose and intent.
The purpose of this division is to discourage repeat law enforcement and/or code enforcement
responses to the same properties in the City of Cape Canaveral. Properties causing an inordinate
number of law enforcement and/or code enforcement responses to certain activities or conditions
existing at said properties unduly and inappropriately burden the taxpayers of the City of Cape
Canaveral. As such,it is the intent of the City Council to impose the financial burden resulting from
the repeat law enforcement and/or code enforcement responses on the persons and/or property
owners necessitating said responses.
Sec. 2-293.Definitions.
As used in this division, the following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended:
City of Cape Canaveral
Ordinance No._-2007
Page 2 of 8
Draft June 21, 2007
City means the City of Cape Canaveral, Florida.
City manager means the city manager of the City of Cape Canaveral or the city manager's
designee.
Consumption of law enforcement services means the presence of one or more certified law
enforcement officer or code enforcement officer employed or retained by the city on a unit of real
property in response to an activity or condition existing or alleged to be existing upon the property
resulting from a response other than at the convenience of the law enforcement agency or the city
code enforcement office. The presence may be caused by the request of any person upon the
property or information developed by the law enforcement agency or the city code enforcement
office from any source warranting a response to the property. Excluded from this definition are
courtesy inspections, criminal investigations of matters not arising from or connected with the
property and paid off-duty details of law enforcement officers.
Incident of service means each time one or more law enforcement officer or city code
enforcement officer commences and completes a response to an identifiable unit of property as
recorded in a written report of the law enforcement officer or code enforcement officer setting forth
the time the officers were present upon the property. Responses caused by false reports of nuisance
activity initiated by third parties with the intent of harassing the unit of property, or for criminal
activity that commences elsewhere and subsequently comes upon a unit of property despite
reasonable efforts of persons responsible for the unit of property to exclude it,will not constitute an
incident of service.
Unit of real property means any contiguous lands within the city which are under common
ownership or are devoted to a single use, whichever is greater. Common ownership shall include
all entities from which the same natural or fictitious person or people have ultimate benefit.
Contiguous land shall include those separated by easements, sidewalks, alleys, right-of-ways and
water bodies.
Monthly period means any consecutive 30-day period.
Nuisance activity means any activity,behavior or conduct whenever engaged in by property
owners,operators,occupants or persons associated with a property that could be enforced by means
of a proceeding before the city's code enforcement board,through nuisance abatement or relating to
any actions or offenses relating to the following subject matter:
La Firearms and weapons;
(2) False alarms;
(3) Harassment of a neighbor, disorderly conduct, or disturbing the peace;
City of Cape Canaveral
Ordinance No._-2007
Page 3 of 8
Draft June 21, 2007
(4) Battery, substantial battery or aggravated battery;
(5) Indecent exposure;
(6) Keeping a place of prostitution, or otherwise using the property for the purpose of
prostitution;
al Littering, solid waste or public health;
(8) Arson;
(9) Possession, manufacture or delivery of a controlled or illegal substance or related
offenses.
(10) Gambling;
(11) Animal or fowl:
(12) Trespass to land or criminal trespass to a dwelling;
(13) Production or creation of excessive noise or vibration;
(14) Loitering;
(15) Public drinking and other matters relating to alcoholic beverages;
(16) Intoxicating beverages;
(17) Unpermitted or illegal business;
(18) Selling or giving away tobacco products to underage persons;
(19) Illegal sale, discharge and use of fireworks;
(20) Junk vehicles;
(21) Action deemed a nuisance under state law;_
(22) Any action that is a violation of this Code which could be enforced by the provisions
of this Code implementing the provisions of F.S. ch. 162;
(23) Act of aiding and abetting of the activities, behaviors or conduct enumerated in this
City of Cape Canaveral
Ordinance No._-2007
Page 4 of 8
Draft June 21, 2007
article: or
(24) Conspiracy to commit or attempt to commit any of the activities, behaviors or
conduct enumerated in this article. i
Person associated with means any person who, whenever engaged in a nuisance activity,
enters,patronizes, visits or attempts to enter,patronize or visit,or waits to enter,patronize or visit,
a property or person present on a property including, but not limited to, any officer, director,
customer, agent, employee or independent contractor of a property owner.
Sec.2-294. Monthly allowance of services: user charges: service fees imposed.
(a) The city council has determined that the following number of service calls is a
reasonable and allowable number of nuisance activities calls for law enforcement and/or code
enforcement personnel to respond to on a monthly basis:
TABLE INSET:
Type of Property 30-Day Period Allowance
Single-family resident or duplex 3 calls
Multi-family residences, including:
Apartments: hotels: motels 3 calls
Businesses 3 calls
Shi The city council has determined that nuisance activity calls in excess of the monthly
allowance of nuisance activity calls as set forth in this division shall be subject to a
reasonable user charge/service fee as set forth in this section.
No user fee shall be charged for the first three (3) calls for service pertaining to a
nuisance activity in a 30-day period.
(d) The fourth call for service pertaining to a nuisance activity in a 30-day period shall
result in a $250.00 service fee being charged to the owner of the property on which the
nuisance activity has occurred.
(e) The fifth call for service pertaining to a nuisance activity in a 30-day period, and
every call thereafter within said 30-day period, shall result in a $500.00 service fee being
charged to the owner of the property on which the nuisance activity has occurred.
City of Cape Canaveral
Ordinance No._-2007
Page 5 of 8
Draft June 21, 2007
Sec. 2-295. Notification of the nuisance activity procedures.
Whenever the city manager determines that more than the monthly allowed services for
nuisance activities could occur or have occurred at a property during a 30-day period, the city
manager may notify the property owner and the person causing the nuisance activity, if the person
causing the nuisance activities resides at the property and is not the owner, in writing, that the
property is in danger of becoming or has became a chronic nuisance. This notice shall be deemed
to be properly delivered if sent either by certified U.S.Mail,return receipt requested,to the property
owner(s) last known address or if delivered in person to the property owner. If the property owner
cannot be located, the notice shall be deemed to be properly served on any person as may be
permitted by F.S.ch.48.If a current address cannot be located,it shall be deemed sufficient if a copy
of the notice is sent by certified U.S.Mail,return receipt requested,to the last known address of the
owner as identified by the records of the county property appraiser.Additionally,the notice may be
perfected,if posted or published in accordance with the provisions of F.S. § 162.12,or its successor
provision. The notice shall contain:
LU The street address or legal description sufficient for identification of the property
which shall be sufficient if the tax parcel identification number assigned by the county
property appraiser is used;
(2) A description of the nuisance activities that have occurred at the property and a
statement indicating that a service fee will be or is being assessed against the owner of the
property;
(3) A notice of the property owner(s)right to appeal pursuant to this division;
(4) A statement that the property owner shall, within ten (10) days of the date of the
notice,respond to the city manager,either in person or writing,with a request for an appeal.
Sec.2-296. Filing of liens.
The city may file a notice of lien in the public records of the county with regard to the costs
of the city incurred pursuant to this division. Upon failure of the property owner to pay the costs
incurred by the city, after a demand for payment being made by the city, the lien may be recorded.
Sec.2-297. Exemptions.
(a) A property owner may apply for and be exempt from assessment of the user
charge/service fee assessed in this division and the provisions of sections 2-294-2-296 of this
division by accomplishing the actions required in subsection (b)of this section.
(b) The following property owners shall be exempt from assessment of the user
City of Cape Canaveral
Ordinance No._-2007
Page 6 of 8
Draft June 21, 2007
charge/service fee assessed in this article and the provisions of sections 78-117--78-120 of
this article upon approval by the city manager:
(1) Multifamily residences, apartments, hotels, motels and businesses who
employ off-duty law enforcement officers who provide for additional security for
their property.
2) Multifamily residences, apartments, hotels and motels which provide for a
law enforcement officer to live on the property in order to provide for additional
security for their property.
Sec. 2-298. Appeals.
Determinations of the city manager shall be final:provided,however,that if the city adopts
a hearing officer/special magistrate system, an appeal may be filed with the hearing officer/special
magistrate whose decision shall be final.An appeal must be filed within ten(10)calendar days from
the date of the decision appealed.
Sec. 2-299. Reports; administrative rules.
The city manager shall provide an annual report to the city council apprising the city
council of the success of the programs set forth in this article and any matters relating
thereto.
(b) The city manager is hereby authorized to promulgate administrative rules to
implement the provisions of this article to include,but not be limited to, the assessment of
fees for applications and appeals as set forth in this article.Rules adopted by the city manager
shall be provided to the city council upon adoption.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph,number or letter,and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical,typographical,and like
errors may be corrected and additions, alterations, and omissions,not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason, such portion shall
City of Cape Canaveral
Ordinance No._-2007
Page7of 8
Draft June 21, 2007
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2007.
ROCKY RANDELS,Mayor
ATTEST: For Against
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
SUSAN STILLS, City Clerk C.Shannon Roberts
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No._-2007
Page 8 of 8
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