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HomeMy WebLinkAboutOrdinance No. 02-2017 ORDINANCE NO. 02-2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; AMENDING APPENDIX B OF THE CITY CODE, RELATED TO ASSESSMENT OF BUILDING PERMIT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral 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, the City Council desires to accomplish a more accurate realization of project value in the process of assessing building permit fees for new structures; and WHEREAS,the current City Code currently relies solely on valuation data published by the International Code Council to assess applicable building permit fees for new structures; and WHEREAS,the Planning and Zoning Board has reviewed these proposed amendments at a duly noticed public hearing held on November 23,2016, and said Board has recommended approval of the amendments to the City Code; and WHEREAS,the City Council of the City of Cape Canaveral,hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW,THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: 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. Amendment to Appendix B. Appendix B of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stpikeeut type indicates deletions,while asterisks(***)indicate a deletion from this Ordinance of text existing in Appendix B. It is intended that the text in Appendix B, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): APPENDIX B *** Subpart B. Land Development Code City of Cape Canaveral Ordinance No.02—2017 Page 1 of 3 Chapter 82. Buildings and Building Regulations *** (A) Building permit fees. On all buildings, structures or alterations requiring a building permit, a fee set forth below shall be paid at the time the permit is issued: Permit fees by total valuation: *** The total valuation for assessment of permit fees for new structures shall be based upon the actual construction contract price for the new structure(s), with satisfactory evidence of same being submitted to the building official, or a construction cost estimate made by the building official, using the latest valuation data published by the International Code Council (I.C.C.), whichever is greater, except as otherwise provided in this section. In no case shall the valuation be less than that determined by using OR the latest valuation data published by the I.C.C. International Code Council (I.C.C.). For construction work not addressed in the latest valuation data published by the I.C.C., such building official, except as otherwise provided in this section. *** 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 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. City of Cape Canaveral Ordinance No.02—2017 Page 2 of 3 ADOPTED,by the City Council of the City of Cape anaveral, Florida, this 17th day of January, 2017. / A Bob Hoog, Mayo! ATTEST: / Or For Against `..� , , i ' Mia Goforth, C • Mike Brown x City Clerk Robert Hoog x Brendan McMillin Motion Rocky Randels x Betty Walsh Second Approved as to legal form and sufficiency for th- i of Cape Canaveral only by: A',` ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 02—2017 Page 3 of 3