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HomeMy WebLinkAboutcocc_resolution_no_2019-17_20190829 RESOLUTION NO. 2019-17 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 ANTICIPATED REPARIS TO BUILDING OR STRUCTURAL DAMAGE CAUSE BY HURRICANE DORIAN; 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 Dorian is anticipated to cause 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 anticipated damage caused by Hurricane Dorian 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 Dorian. 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 Dorian. To the extent that a particular building or structure was substantially destroyed by Hurricane Dorian and is beyond repair according to the City's building 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. City of Cape Canaveral Resolution No. 2019-17 Page 1 of 3 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 Dorian. All such applications must be filed with the City's Building Department on or after September 2, 2019, but no later than November 1, 2019. 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 Dorian. 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 here to. 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. 2019-17 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in an emergency meeting assembled this 29th day of August, 2019. Bob Hoog,Mayor Name For Against Mike Brown X Bob Haag x Wes Morrison Second Rocky Randels Motion Angela Raymond Absent ATTEST: 'r 4ia'G—oZforth, CMC City Clerk AppmltG Ie.#\f�jzfi and sufficiency Fox the Canaveral only by: Anthony A. arganese, City Attorney City of Cape Canaveral Resolution No. 2019-17 Page 3 of 3