HomeMy WebLinkAboutResolution No. 2017-26 RESOLUTION NO. 2017-26
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; PROVIDING FOR A
TEMPORARY WAIVER OF BUILDING PERMIT
FEES FOR REPAIRS RELATED TO BUILDING OR
STRUCTURAL DAMAGE CAUSED BY
HURRICANE IRMA; PROVIDING FOR AN INTENT
AND PURPOSE OF THIS RESOLUTION;
PROVIDING FOR A FILING PERIOD FOR
ELIGIBLE BUILDING PERMIT APPLICATIONS;
PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Hurricane Irma 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 Irma 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 and businesses 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
Irma. This Resolution is not intended to apply to building permit applications filed with
the City that are not related to repairing building or structural damage caused by
Hurricane Irma. To the extent that a particular building or structure was substantially
destroyed by Hurricane Irma and is beyond repair according to the City's building
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Resolution No. 2017-26
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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 Irma. All such applications must be
filed with the City's Building Department on or after September 11, 2017, but no later
than November 14, 2017. The City Council shall have the option to extend this
Resolution for up to 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 Irma.
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. 2017-26
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, in an emergency
meeting assembled this 19th day of September, 2017.
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown Motion
Bob Hoog x
Brendan McMillin Second
Rocky Randels x
Betty Walsh x
ATTEST:
Mia Goforth,CMC
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2017-26
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