HomeMy WebLinkAboutOrdinance No. 13-2017 (Emergency Ordinance) 1 ORDINANCE NO. 13-2017
2
3 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
4 OF THE CITY OF CAPE CANAVERAL, BREVARD
5 COUNTY, FLORIDA; TEMPORARILY DELEGATING TO
6 THE CODE ENFORCEMENT BOARD THE
7 RESPONSIBILITIES TO SERVE AS THE BOARD OF
8 ADJUSTMENT AND APPEALS FOR THE ENFORCEMENT
9 OF THE UNSAFE BUILDING ABATEMENT CODE SET
10 FORTH IN SECTION 82-56 OF THE CITY CODE;
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
16
17 WHEREAS, the City Council has the authority, by at least two-thirds vote, to adopt
18 emergency ordinances pursuant to Section 166.041(3)(b), Florida Statutes, and Section 2.14 of the
19 City Charter; and
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21 WHEREAS, pursuant to Section 82-56 of the City Code, the City adopted the Standard
22 Unsafe Building Abatement Code, 1985 Edition (hereinafter referred to as "Unsafe Abatement
23 Code"), and delegated the responsibilities of the Board of Adjustment and Appeals for the Unsafe
24 Abatement Code to the City's Construction Board of Adjustment and Appeals; and
25
26 WHEREAS,due to the infrequency that the City's Construction Board of Adjustment and
27 Appeals has met in recent years, said Board does not currently have an adequate number of
28 members to conduct any business that may be required to be presented to the Board; and
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30 WHEREAS, the City may have a need to convene a meeting of the Board of Adjustment
31 and Appeals for the Unsafe Abatement Code in the next sixty(60) days or soon thereafter related
32 to the City's enforcement of the Standard Unsafe Building Abatement Code; and
33
34 WHEREAS, given the current inadequate membership on the Construction Board of
35 Adjustment and Appeals, the City's desire to afford property owner's a timely appeal under the
36 Standard Unsafe Abatement Code, if necessary, the City Council desires to temporarily delegate
37 the appeal hearing responsibilities under the Unsafe Abatement Code to the City's Code
38 Enforcement Board, which has an adequate number of members who are trained and experienced
39 in conducting other code enforcement related responsibilities under the City Code; and
40
41 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
42 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
43 Canaveral.
44
45 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
46 OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA, AS FOLLOWS:
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48 Section 1. Declaration of Emergency; Recitals. Based on the recitals set forth
49 above,which are hereby fully incorporated herein by this reference as legislative findings and the
City of Cape Canaveral
Ordinance No. 13-2017
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1 intent and purpose of the City Council of the City of Cape Canaveral, the City Council hereby
2 finds that an emergency exists related to the City's ability to enforce the Unsafe Abatement Code
3 in accordance with the requirements of law, and the temporary delegation of appeal hearing
4 responsibilities under the Unsafe Abatement Code to the City's Code Enforcement Board is
5 necessary to sufficiently address the emergency until such time the City Council takes other
6 permanent actions to address this matter.
7
8 Section 2. Temporary Delegation to Code Enforcement. In accordance with and
9 in furtherance of Chapter 82, Article III, of the City Code, the City Council hereby temporary
10 delegates the appeal hearing responsibilities under the Standard Unsafe Abatement Code to the
11 City's Code Enforcement Board. All appeals filed by property owners pursuant to the Standard
12 Unsafe Building Abatement Code prior to the expiration of this Ordinance shall be heard and
13 decided by the Code Enforcement Board. In the event such an appeal is filed with the City and
14 the Code Enforcement Board has not rendered a final decision on the appeal prior to this Ordinance
15 expiring, the Code Enforcement Board shall still have jurisdiction to conduct and complete the
16 appeal hearing(s) and render its final decision on any such appeal.
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18 Section 3. Effective Date. This Ordinance shall become effective immediately upon
19 adoption by the City Council of the City of Cape Canaveral, Florida.
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21 Section 4. Automatic Repeal. This Ordinance shall be automatically repealed on
22 the 61st day after the date of adoption unless sooner repealed by the City Council. However,
23 nothing herein shall prevent reenactment of this Ordinance if the emergency still exists.
24
25 ADOPTED by the City Council of the City of Cape Canaveral,Florida,this 19th day of December,
26 2017.
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27 44, 20Adi"4r `,.
28S.„?
29 ;': . :-.,.1:-. ,.. «o rr . Bob Hoog, Mayor
41‘
31 ATTEST:' •---4',- A.
") For Against
32 -
33 / , Mike Brown Motion
34 0 . '/
35 Mia forth, CMC Robert Hoog x
36 City Clerk .,
37 Wes Morrison x
38
39 Rocky Randels Second
40
41 Angela Raymond x
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43 Approved as legal form and sufficiency
44 for the ); ' ape Canaveral only by:
45
4Pir,,
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47 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 13-2017
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