HomeMy WebLinkAboutcocc_ordinance_no_10-2019_201906181 ORDINANCE NO. 10-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING THE CITY CODE REGARDING THE
6 PAYMENT OF IMPACT FEES; PROVIDING FOR THE
7 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
8 RESOLUTIONS, INCORPORATION INTO THE CODE,
9 SEVERABILITY AND AN EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
13 law; and
14
15 WHEREAS, the City Council of the City of Cape Canaveral, Florida, has previously found
16 and determined it to be in the best interest of the safety, health, and welfare of the citizens of the
17 City of Cape Canaveral to establish sewer, library, general government, police, fire and rescue
18 services, and parks and recreation impact fees to require new development to pay their equitable
19 share of public improvements that must be constructed to serve new growth; and
20
21 WHEREAS, the City Council hereby finds that the City is legally justified to impose
22 impact fees on new construction pursuant to applicable law. See §163.31801, Florida Statutes;
23 See also, Volusia County v. Aberdeen at Ormond Beach, 760 So. 2d 126 (Fla. 2000); Contractors
24 and Builders Association of Pinellas County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald
25 v. Metropolitan Dade County, 338 So. 2d 863 (Fla. 3d DCA 1976); Hollywood, Inc. v. Broward
26 County, 431 So. 2d 606 (Fla. 4th DCA 1983); and
27
28 WHEREAS, the City Council also finds that Section 163.3202(3), Florida Statutes,
29 encourages the use of innovative land development regulations which includes the adoption of
30 "impact fees;" and
31
32 WHEREAS, the City Council also finds that the impact fees required by this Ordinance
33 are necessary to mitigate impacts reasonably attributable to new development; and
34
35 WHEREAS, impact fees, when based on a comprehensive plan and used in conjunction
36 with a sound capital improvement plan, can be an effective tool for ensuring adequate
37 infrastructure to accommodate growth where and when it is anticipated; and
38
39 WHEREAS, the City Council also recognizes that the Florida Legislature has mandated
40 that local government plan comprehensively for future growth and that this regulatory Ordinance is
41 consistent with that mandate. See, e.g., Ch. 163, Fla. Stat.; and
42
43 WHEREAS, new land development activity generates public facility and service demands
44 within the City and it is reasonable to require new development to pay a fair share of the cost of
45 expanding new public facilities and services attributable to new development especially before the
46 increased demands are experienced by the City if possible; and
47
48 WHEREAS, currently the City collects impact fees at the time a certificate of occupancy is
49 issued for the new construction project; and
City of Cape Canaveral
Ordinance No.10-2019
Page 1 of 4
1
2 WHEREAS, the City Council desires to change the payment schedule for impact fees and
3 hereby finds that collecting impact fees after the new construction is ready for occupancy does not
4 generally allow the City to timely pay for public infrastructure required to accommodate the new
5 development and that payment of impact fees sooner, at the time building permits are issued, will
6 generally help the City fund such public improvements concurrently with the public infrastructure
7 demands and needs of new projects without placing an undue burden on other City revenue sources
8 such as ad valorem taxes; and
9
10 WHEREAS, it is the intent and purpose of this Ordinance that the City Code require that
11 impact fees imposed by the City shall be collected at the time building permits are issued for new
12 construction; and
13
14 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
15 this Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
16 Cape Canaveral.
17
18 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
19 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
20
21 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
22 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
23 Canaveral.
24
25 Section 2. Code Amendment. Sections 2-234 and 78-122 of the Code of Ordinances, City of
26 Cape Canaveral, Florida, are hereby amended as follows (underlined type indicates
27 additions and strikeout type indicates deletions):
28
29 Sec. 2-234. - Payment.
30 (a) The impact fees imposed by this division shall be paid in legal tender unless
31 the city council accepts an in-kind contribution of real or personal property for
32 public use which serves the same public purposes as those for which the impact
33 fees are imposed. Credit for such in-kind contribution shall be based upon the fair
34 market value of that property as of the date the city council accepts such offer of
35 dedication. The appraised value of the property shall be verified by at least one
36 competent independent opinion thereof.
37 (b) All impact fees shall be paid by certified funds at the time of issuance of a
38 building permit the certificate of occupancy for such new construction.
39 * * *
40 Sec. 78-122. - Payment.
41 The assessments as set forth in this division shall be paid by certified funds at
42 the time of issuance of a building permit certificate of occupancy for such new
43 construction. Except as provided in section 78-34, a building permit shall not be
44 issued unless a sewer permit has been first obtained. The amount of the assessment
45 shall be determined in accordance with the rates established in section 78-121 in
City of Cape Canaveral
Ordinance No. 10-2019
Page 2 of 4
1 effect at the time a sewer permit is issued by the city. A sewer permit shall not be
2 issued until a city sewer main line is placed within 150 feet of the applicant's
3 property. If the assessment is not paid by the 30th day following that for which a
4 billing has been rendered, then an amount equal to five percent of such assessment
5 due shall be added thereto as a late charge. Upon failure of any user to pay for the
6 assessment within 60 days from being billed, the city shall shut off or cause to be
7 shut off the connection of such user and shall not furnish him or permit him to
8 receive from the system further service until all obligations owed by him to the city
9 on account of the services shall have been paid in full. If such sewer service is shut
10 off pursuant to this section, then before such service shall be restored, the user
11 thereof shall pay a reinstatement fee in the amount as set forth in Appendix B to
12 this Code in addition to any other assessments and charges due. In addition [to],
13 and as an alternative means of, collecting such assessment, late charges and
14 penalties, the city shall have a lien on such lot or parcel of land for which the sewer
15 connection has been made, for which such lien shall be of equal dignity with the
16 lien of state and county and municipal taxes. Such lien may be foreclosed by the
17 city in the same manner provided by the laws of the state for the foreclosure of
18 mortgages upon real estate.
19
20 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
21 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
22 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
23
24 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
25 Canaveral City Code and any section or paragraph, number or letter and any heading may be
26 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
27 like errors may be corrected and additions, alterations, and omissions, not affecting the
28 construction or meaning of this Ordinance and the City Code may be freely made.
29
30 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
31 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
32 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
33 be deemed a separate, distinct and independent provision, and such holding shall not affect the
34 validity of the remaining portions of this Ordinance.
35
36 Section 6. Effective Date. This Ordinance shall become effective immediately upon
37 adoption by the City Council of the City of Cape Canaveral, Florida.
38
39
40
41
42 [Adoption Page Follows]
43
44
45
46
City of Cape Canaveral
Ordinance No. 10-2019
Page 3 of 4
1 ADOPTED by the City Council of the City of Cape Canaveral,Florida, this 18th day of June,
2 2019.
3
4
5
6
7 ,.
8 ATTEST:
9
10
12 Mia Gofort
13 City Clerk
14
15 First Reading: May 21, 2019
16 Advertisement: June 6, 2019
17 Second Reading: June 18, 2019
18
19
20 Appras to legal form and sufficiency
21 for - iu y o' Cape Canaveral only by:
22
23
24 Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Mike Brown
Robert Hoog
Wes Morrison
Rocky Randels
Angela Raymond
City of Cape Canaveral
Ordinance No. 10-2019
Page 4 of 4
For
Motion
x
x
Spcond
Against
x