HomeMy WebLinkAboutOrdinance No. 16-2017 1 ORDINANCE NO. 16-2017
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING SECTION 82-56 OF THE CITY CODE TO
6 DELEGATE TO THE CODE ENFORCEMENT BOARD THE
7 RESPONSIBILITIES TO SERVE AS THE BOARD OF
8 ADJUSTMENT AND APPEALS FOR THE ENFORCEMENT
9 OF THE STANDARD UNSAFE BUILDING ABATEMENT
10 CODE; PROVIDING FOR THE REPEAL OF PRIOR
11 INCONSISTENT ORDINANCES AND RESOLUTIONS,
12 INCORPORATION INTO THE CODE, SEVERABILITY
13 AND AN EFFECTIVE DATE.
14
15 WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
16 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
17 law; and
18
19 WHEREAS, pursuant to Section 82-56 of the City Code, the City adopted the Standard
20 Unsafe Building Abatement Code, 1985 Edition(hereinafter referred to as the"Unsafe Abatement
21 Code"), and delegated the responsibilities of the Board of Adjustment and Appeals for the Unsafe
22 Abatement Code to the City's Construction Board of Adjustment and Appeals; and
23
24 WHEREAS,due to the infrequency that the City's Construction Board of Adjustment and
25 Appeals has met in recent years, said Board does not currently have an adequate number of
26 members to conduct any business that may be required to be presented to the Board; and
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28 WHEREAS, the City's Code Enforcement Board regularly meets to conduct hearings
29 related to code enforcement related matters; and
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31 WHEREAS, for efficiency purposes, the City Council desires to delegate responsibilities
32 to conduct appeal hearings under the Unsafe Abatement Code to the Code Enforcement Board;
33 and
34
35 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
36 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
37 Canaveral.
38
39 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
40 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
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42 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
43 reference as legislative findings and the intent and purpose of the City Council of the City of
44 Cape Canaveral.
45
46 Section 2. Code Amendment. Section 82-56 of the Code of Ordinances, City of Cape
47 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
48 stt-type indicates deletions):
49
City of Cape Canaveral
Ordinance No. 16-2017
Page 1 of 3
1 Sec. 82-56. - Standard Unsafe Building Abatement Code adopted.
2 The Standard Unsafe Building Abatement Code, 1985 edition, as published by the Southern
3 Building Code Congress International,Inc.,is hereby adopted by reference and incorporated herein
4 as if fully set. The Standard Unsafe Building Abatement Code is hereby amended to read as
5 follows:
6 (a) Section 105.1. The ... . . . .•. ... . . . • . . code enforcement
7 board shall serve as the board of adjustment and appeals for this code.
8 (b) Section 605. Cost of repair or demolition; lien on property: collection.
9 1. Upon repair or demolition of any building or structure, either with city crews or by
10 independent contractor, all costs of demolition and/or repair shall be assessed against
11 and constitute a lien on the property upon which the building or structure is/was
12 situated. The lien shall be equal in rank, priority and dignity with the lien of Brevard
13 County ad valorem taxes and shall be superior to all other liens, encumbrances, titles
14 and claims in, to or against the property. Cost shall include, but not limited to,
15 administrative cost, attorney's fees, postage, newspaper publication fees and actual
16 costs of physical removal and/or repair.
17 2. The city clerk shall file such lien in the public records of Brevard County Florida,
18 showing the nature of the lien, the amount thereof, a legal description of the property
19 and the owner thereof. Such liens shall bear interest from the date of filing at the
20 highest rate allowed by law.
21 3. The lien may be enforced in the same manner as a court judgment by the sheriffs of
22 the State of Florida, including levy against personal property, and may also be
23 foreclosed in the nature of a mortgage. All costs and attorney's fees incurred in
24 collection of amounts due under any such lien shall also be secured by the property
25 and included within the total sum due under the lien.
26
27 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
28 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
29 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
30
31 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
32 Cape Canaveral City Code and any section or paragraph,number or letter and any heading may be
33 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
34 like errors may be corrected and additions, alterations and omissions,not affecting the construction
35 or meaning of this Ordinance and the City Code may be freely made.
36
37 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
39 competent jurisdiction, whether for substantive,procedural or any other reason, such portion shall
40 be deemed a separate, distinct and independent provision, and such holding shall not affect the
41 validity of the remaining portions of this Ordinance.
42
43 Section 6. Effective Date. This Ordinance shall become effective immediately upon
44 adoption by the City Council of the City of Cape Canaveral, Florida.
45
City of Cape Canaveral
Ordinance No. 16-2017
Page 2 of 3
1
2 ADOPTED by the City Council of the City of Cape 'X.veral, Florid. this 16th day of January,
3 2018.
5 TC.- . "45/
T-• 4 /
6 . - Bob Hoog,Mayor 1(1-----------
7
8 ATTEST: - For Against
9
10 JG�%�f f r/maj:7
Mike Brown x
/
11
12 ' Goforth, CM Robert Hoog x
13 City Clerk
14 Wes Morrison x
15
16 Rocky Randels Motion
17
18 Angela Raymond Second
19
20 1st Reading: December 19, 2017
21 Advertisement: January 4, 2018
22 2nd Reading: January 16, 2018
23
24
25 Approv-4 as to legal form and sufficiency
26 for t p - .' : Cape Canaveral onl by:
27 /�
28
29 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 16-2017
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