HomeMy WebLinkAboutResolution No. 2016-27 RESOLUTION NO.2016-27
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREYARD
COUNTY, FLORIDA, PROVIDING FOR A
TEMPORARY WAIVER OF BUILDING PERMIT
FEES FOR REPAIRS RELATED TO BUILDING OR
STRUCTURAL DAMAGE CAUSED BY
HURRICANE MATTHEW; PROVIDING FOR AN
INTENT AND PURPOSE OF THIS RESOLUTION;
FOR A FILING PERIOD FOR ELIGIBLE BUILDING
PERMIT APPLICATIONS; SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, Hurricane Matthew caused extensive damage to properties
within the geographic area of the City of Cape Canaveral; and
WHEREAS, the City Council previously established a schedule of building
permits fees by resolution pursuant to Section 82-15 of the City Code; and
WHEREAS, in order to expedite the repairs required as a result of the damage
caused by Hurricane Matthew and to provide relief to property owners suffering from
hurricane related hardships, the City Council desires to temporarily waive building permit
fees for permit applications related to repairing such damage; and
WHEREAS, this Resolution is adopted pursuant to the Florida Municipal Home
Rule Powers Act, Section 166.222, Florida Statutes, Section 82-15 of the City Code, and
the emergency powers vested in the City Council pursuant to all applicable law; and
WHEREAS, the City Council hereby finds that this Resolution is in the best
interests of the citizens of Cape Canaveral; and
NOW, THEREFORE,BE IT RESOLVED, as follows:
SECTION 1. Recitals. The foregoing recitals are hereby fully
incorporated herein by this reference and are deemed a material part of this Resolution.
SECTION 2. Intent and Purpose. It is the intent and purpose of this
Resolution to only address building or structural damage directly caused by Hurricane
Matthew. This Resolution is not intended to apply to building permit applications filed
with the City that are not related to repairing building or
City of Cape Canaveral
Resolution No. 2016-27
Page 1 of 3
structural damage caused by Hurricane Matthew. To the extent that a particular building
or structure was substantially destroyed by Hurricane Matthew and is beyond repair
according to the City's building official, a new replacement building or structure on the
same property as the substantially destroyed building or structure shall be considered a
repair under this Resolution.
SECTION 3. Temporary Waiver of Building Permit Fees. The City
Council of the City of Cape Canaveral hereby provides that building permit fees are
hereby waived for any building permit application filed with the City related to repairing
building or structural damage caused by Hurricane Matthew. All such applications must
be filed with the City's Building Department on or after October 10, 2016, but no later
than sixty (60) days after the effective date of this Resolution. The City Council shall
have the option to extend this Resolution for an additional sixty (60) days if authorized
prior to the expiration of this Resolution. For purposes of granting the building permit fee
waiver, the building official or his or her designee shall be responsible for verifying that
the repairs being permitted are directly related to damage caused by Hurricane Matthew.
Notwithstanding the fee waiver authorized by this Section, all building application,
licensing, insurance, inspection, and other building permit conditions required by law
shall apply.
SECTION 4. Severability. If any section, subsection, sentence, clause,
phrase, word, or portion of this resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereto.
SECTION 5. Effective Date. This Resolution shall become effective
immediately upon adoption by the City Council of the City of Cape Canaveral, Florida.
[Adoption Page Follows]
City of Cape Canaveral
Resolution No. 2016-27
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, in an
emergency meeting assembled this 18th day of October, 2016.
ob Hoog, Mayor
Name FOR AGAINST
John Bond Second
Mike Brown x
Bob Hoog x
,
s +, Brendan McMillin x
t; 4
Betty Walsh
Motion
ATTEST: •
j
"diet.. ;%____
Mi Goforth, CM
City Clerk
Approved as to legal form and sufficiency
For the Ci • Cape Canaveral only by:
'%
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2016-27
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