HomeMy WebLinkAboutSupplement 28SUPPLEMENT NO, 28
October 2019
CODE OF ORDINANCES
City of
CAPE CANAVERAL, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this time
through:
Ordinance No. 11-2019, adopted June 18, 2018.
See the Code Comparative Table for further inforrnation.
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Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316
info@municode.com 800.262.2633 www.municode.com
TABLE OF CONTENTS
Page
Current Officials (2016) iii
Officials of the City at the Time of this Codification iv.i
Preface
Adopting Ordinance ix
Checklist of Up -to -Date Pages ......... ............... ..... [1]
Supplement History Table SH: 1
PART I
CHARTER
Charter CHT: 1
Art. I. Powers of the City CHT:3
Art. II. City Council CHT:4
Art. III. City Manager CHT:8
Art. IV. Departments, Offices and Agencies .... CHT:8
Art. V. Financial Management CHT:9
Art. VI. Elections ....... ..................... CHT:11
Art. VII. General Provisions CHT:14
Art. VIII. Charter Amendment CHT:14
Art. IX. Transition and Severability CHT:15
Charter Comparative Table —Laws of Florida ..... CHTCT:1
Charter Comparative Table Ordinances CHTCT:3
PART II
CODE OF ORDINANCES
Chapter
Subpart A. General Ordinances CD1:1
1. General Provisions CD1:1
2. Administration CD2:1
Art. I. In General ......... ....... ...... CD2:5
Art. II. City Council . ..... ........ CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation.. ...... ........... CD2:7
Div. 3. Meetings.... ............ CD2:7
Art. III. Officers and Employees CD2:12
Div. 1. Generally CD2:12
Div. 2. City Manager CD2:12
Div. 3. City Clerk CD2:13
Div. 4. City Attorney CD2:13
Div. 5. Reserved ..................... „ „ CD2:14
Supp. No. 28
CAPE CANAVERAL CODE
Chapter Page
Div. 6. Reserved........ ............. CD2:14
Art. IV. Boards, Committees, Commissions CD2:14
Div. 1. Generally CD2:14
Div. 2. Reserved.... .............. ....... CD2:14.4
Art. V. Finance CD2:14.4
Div. 1. Generally CD2:14.4
Div. 2. Purchasing CD2:14.9
Div. 3. Impact Fees ......... .......... CD2:16
Art. VI. Code Enforcement. ................ CD2:19
Div. 1. Generally CD2:19
Div. 2. Code Enforcement BoardCD2:25
Div. 3. Code Lien Satisfactions CD2:25
Div. 4. Special Magistrate CD2:28
Div. 5. Code Enforcement Citations ..... ...... CD2:29
Div. 6. Criminal Nuisance Abatement Board CD2:34
Art. VII. Travel Reimbursement Policies and
Procedures CD2:39
3-5. Reserved CD3:1
6. Alcoholic Beverages CD6: 1
Art. I. In General CD6:3
Art. II. Operation of Establishments CD6:3
Art. III. Possession and Consumption ........... CD6:4
Div. 1. Generally ......... _ ......... CD6:4
Div. 2. Motor Vehicles CD6:5
7-9. Reserved CD7:1
10. Amusements and Entertainments CD10:1
Art. I. In General ....... ......... ....... . ..... CD10:2.1
Art. II. Amusement Device Code CD10:2.1
Art. III. Outdoor Entertainment Events . ...... CD10:2.1
Div. 1. Generally ..... _ . ........ CD10:2.1
Div. 2. Permit CD10:4
Art. IV. Sexually Oriented Business and Adult
Entertainment Establishments . ..... . . . CD10:6
Art. V. Slot Machines or Devices .......... CD10:45
11-13. Reserved CD11:1
14. Animals CD14:1
Art. I. In General ........ ....... CD14:3
Art. II. County Animal Control Ordinance ....... CD14:3
Art. III. Sea Turtles ..... ......... ....... CD14:3
15. Reserved CD15:1
16. Businesses CD16:1
Art. I. In General ............ ............. CD16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Supp. No. 28 xii
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. III. Motion and Still Photography Production
Permits .............. CD16:5
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19 21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. IL Business and Economic Development Board CD22:3
Art. III. Community Appearance Review ...... CD22:4
Art. IV. Community Redevelopment CD22:9
23-25. Reserved CD23:1
26. Elections CD26:1
27-29. Reserved CD27:1
30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
31 33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General ...... . ..... .............. CD34:3
Art. II. Litter . ........... ............ ...... . CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:6
Div. 3. Reserved CD34:6
Art. III. Property Maintenance Standards ..... CD34:7
Art. IV Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
App. A. Diagram CD34:20
35. Reserved CD35:1
36. Fair Housing CD36:1
Art. I. In General CD36:3
Art. II. Discriminatory Practices CD36:6
37. Reserved CD37:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes ........ CD38:6
Art. III. Fire Department CD38:7
Art. IV. Fireworks CD38:8
Art. V. Hazardous Materials and Substances.. .... . CD38:9
39. Reserved CD39:1
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CAPE CANAVERAL CODE
Chapter Page
40, Human Relations CD40:1
Art. I. In General CD40:3
Art. II. Reserved CD40:3
41. Reserved .......... ...... . ..... ...... CD41:1
42. Law Enforcement ....... ............. ....... CD42:1
Art. I. In General CD42:3
Art. II. Police Department CD42:3
43-45. Reserved CD43:1
46. Library CD46:1
Art. I. In General ......... ..... . ........ CD46:3
Art. II. Library Board CD46:3
47 49. Reserved CD47:1
50. Offenses and Miscellaneous Provisions CD50:1
51-53. Reserved CD51:1
54. Parks and Recreation CD54: 1
Art. I. In General ...... ........... ............ CD54:3
Art. II. Culture and Leisure Services Board CD54:13
Art. III. Vessel Control and Water Safety CD54:13
55-57, Reserved CD55:1
58. Planning CD58:1
Art, I. In General CD58:3
Art. II. Planning and Zoning Board CD58:3
Art. III. Local Planning Agency CD58:4
59-61. Reserved CD59: 1
62. Solid Waste CD62:1
63-65. Reserved CD63:1
66. Streets, Sidewalks and Other Public Places CD66:1
Art. I. In General CD66:3
Art. II. Streets CD66:5
Div. 1. Generally CD66:5
Div. 2. Abandonment CD66:5
Art. III. Excavations CD66:6
Div. 1. Generally CD66:6
Div. 2. Permit CD66:7
67-69. Reserved CD67: 1
70. Taxation CD70:1
Art. I. In General CD70:3
Art. II. Public Service Tax CD70:3
Art. III. Local Business Tax CD70:6
71-73. Reserved CD71:1
Supp. No. 28 xiv
TABLE OF CONTENTS--Cont'd.
Chapter Page
74. Traffic and Vehicles CD74: 1
Art. I. In General CD74:3
Art. II. Trucks ............ ...................... CD74:3
Art. III. Stopping, Standing, Parking CD74:4
75-77. Reserved CD75: 1
78. Utilities .......... ....................... ..... CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System ....... CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. II. Building Sewers and ConnectionsCD78:11
Subdiv. III. Discharges CD78:13
Subdiv. IV. Rates and Charges ....... ..... CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates, Deposits and Billing Procedures CD78:23
Art. IV. Reclaimed Water CD78:24
Div. 1. Generally CD78:24
Div. 2. Installation and Inspection of the Reclaimed
Water System . . ............... CD78:26
Art. V. Stormwater Management ...... . ..... CD78:28
Div. 1. Generally CD78:28
Div. 2. Fees and Taxes CD78:31
Div. 3. Administration CD78:35
Div. 4. Illicit Discharge and Connection ..... CD78:35
79. CD79:1
80. Vehicles for Hire CD80: 1
Art. I. In General ......... ..... . ..... CD80:3
Art. II. Certificate of Public Convenience and Neces-
sity, License CD80:4
Art. III. Driver's Permit CD80:5
Art. IV. Regulations ..... . ........... CD80:7
81. Reserved ........ ............... ..... ........ ..... CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. General Administrative CD82:3
Art. II. Building Code ..... ............ ..... CD82:7
Art. III. Unsafe Building Abatement Code CD82:8
Art. IV Coastal Construction Code CD82:9
Art. V. Registration and Maintenance of Properties in
Foreclosure CD82:9
Art. VI. Local Amendments to Florida Building Code,
Building CD82: 13
Art. VII. Reserved CD82:15
Art. VIII. Reserved CD82:15
Supp. No. 28
Chapter
Art.
Art.
Arts.
Art.
Art.
Art.
CAPE CANAVERAL CODE
IX. International Property Maintenance Code
X. Reserved
XI—XIII. Reserved
XIV. Numbering of Buildings and Property
XV. Citations; Unlicensed Contractors; Failure to
Obtain Building Permit ..... . .....
XVI. Temporary Storage Units
83-85. Reserved ....... . ........ . ...... ..... .........
86. Concurrency Management System ......................
Art. I. In General
Art. II. Transportation Facility Proportionate Fair -
Share Mitigation Program
87-89. Reserved ............ . ........ ..... ..............
90. Floods
Art. I. In General
Art. II. Floodplain Management
Div. 1. Administration ..........
Part A. General
Part B. Applicability
Part C. Duties and Powers of the Floodplain
Administrator
Part D. Permits
Part E. Site Plans and Construction Docu-
ments
Part F. Inspections
Part G. Variances and Appeals
Part H. Violations
Div. 2. Definitions
Div. 3. Flood Resistant Development
Part A.
Part B.
Part C.
Part D.
Part E.
Buildings and Structures
Subdivisions
Site Improvements, Utilities and
Limitations
Manufactured Homes
Recreational Vehicles and Park Trail-
ers— ..... • ............. • • • • • • •
Part F. Tanks ...... ....... ..........
Part G. Other Development
Art. III. Reserved . ....... .......... ...... . ........
Art. IV. Stormwater Management
Div. 1. Generally
Div. 2. Penult.. „ .......... ..... „ „
Div. 3. Performance Standards
Div. 4. Design Standards
Div. 5. Maintenance
Art. V. Construction Site Stormwater Runoff Control
91. Landscape Irrigation
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Supp, No. 28 xvi
TABLF, OF CONTENTS—Cont'd.
Chapter Page
92. Fertilizer Land Application CD92:1
93. Reserved CD93:1
94. Signs CD94:1
Art. I. In General CD94:3
Art. II. Permits and Inspection CD94:11
Art. III. Size, Location and Construction CD94:14
Div. 1. Generally CD94:14
Div. 2. Types of Signs CD94:16
Div. 3. District Regulations CD94:20
Art. IV. Nonconforming Signs CD94:22
95-97. Reserved CD95:1
98. Subdivisions CD98:1
Art. I. In General CD98:5
Art. II. Plats and Lot Splits CD98:10
Div. 1. Generally CD98:10
Div. 2. Preapplication CD98:10
Div. 3. Preliminary Plat CD98:11
Div. 4. Final Plat..... ..... .............. CD98:14
Div. 5. Lot Splits CD98:16
Div. 6. Lot Line Adjustments CD98:18
Art. III. Construction CD98:20
Div. 1. Generally CD98:20
Div. 2. Permit CD98:20
Div. 3. Inspections; Certificate of Completion CD98:21
Art. IV. Improvements CD98:22
Div. 1. Generally CD98:22
Div. 2. Design Standards CD98:26
99-101. Reserved CD99:1
102. Vegetation CD102:1
Art. I. In General ........................... . CD102:3
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
App. A. Tree Protection Area Signage CD102:21
103-105. Reserved CD 103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD110:1
Art. I. In General CD110:11
Art. II. Procedure; Land Use Decisions ... CD110:19
Div. 1. Generally CD110:19
Div. 2. Rezonings....... . ...... . .... . ......... CD110:22.1
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CAPE CANAVERAL CODE
Chapter Page
Div. 3. Variances CD110:23
Div. 4. Special Exceptions......... CD110:24
Div. 5. Administrative Appeals .. CD110:25
Art. III. Administration and Enforcement ...... CD110:26
Div. 1. Generally CD110:26
Div. 2. Permits CD110:27
Div. 3. Certificate of Occupancy CD110:28
Div. 4. Reserved. ..... ..... CD110:29
Art. IV. Special Exceptions CD110:29
Div. 1. Generally ............ ........ ..... CD110:29
Div. 2. Alcoholic Beverages CD110:29
Art. V. Nonconformities CD110:31
Art. VI. Site Plans CD110:37
Art. VII. Districts CD110:40
Div, 1. Generally CD110:40
Div. 2. R-1 Low Density Residential District CD110:42
Div. 3. R-2 Medium Density Residential District CD110:44
Div. 4. R-3 Medium Density Residential District CD110:46
Div. 5. C-1 Low Density Commercial District CD110:46.3
Div. 6. C-2 Commercial/Manufacturing District CD110:46.6
Div. 7. M-1 Light Industrial and Research and
Development District CD110:46.9
Div. 8. Townhouses CD110:46.15
Art. VIII. Residential Planned Unit Developments CD110:46.17
Div. 1. Generally CD 110:46.17
Div. 2. Development Plans CD110:49
Div. 3. Land Use Regulations CD110:56
Art. IX. Supplementary District Regulations CD110:59
Div. 1. Generally CD110:59
Div. 2. Offstreet Parking CD110:74.1
Div. 3. Offstreet Loading CD110:74.3
Div. 4. Home Occupations.... ..... ..... CD110:74.3
Div. 5. Setbacks CD110:74.4
Div. 6. Vehicles and Vessels CD110;75
Div. 7. Landscaping and Vegetation CD110:79
Div. 8. Swimming Pools CD110:80
Art. X. A1A Economic Opportunity Overlay DistrictCD110:81
Div. 1. Generally CD110:81
Div. 2. Administration ............ CD110:87
Div. 3. Site Planning CD110:90
Div. 4. Architectural Guidelines CD110:94
Div. 5. Parking CD110:100
Div. 6. Landscaping CD110:101
Div. 7. Signage .......... ............... CD110:102.2
Art. XI. Planned Developments ........... CD110:102.5
Div. 1. Generally CD110:102.5
Div. 2. Planned Development Plans CD110:105
111-114. Reserved CD111:1
Supp. No. 28 Xviii
TABLE OF CONTENTS—Cont'd.
Chapter Page
115. Vested Rights CD115:1
Art. I. In General CD115:3
Art. II. Residential Densities ......... CD115:7
A. Franchises CDA: 1
Art. I. Cable Television Franchise (Reserved) CDA:3
Art. II. Electric CDA:14
Art. III. Gas Franchise Agreement CDA:17
Art. IV. Telephone (Reserved) .......... CDA:28
Art. V. Water Franchise CDA:28
Art. VI. Solid Waste Franchise Agreement CDA:28
B. Schedule of Fees CDB:1
Code Comparative Table —Laws of Florida CCT:1
Code Comparative Table 1981 Code CCT:3
Code Comparative Table —Ordinances and Resolutions CCT:9
State Law Reference Table SLT: 1
Charter Index CHTi: 1
Code Index CDi:1
Stapp. No. 28 xix
Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing °leach Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -page
substitution basis, it has become evident that through usage and supplementation many
pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to determine
whether the Code volume properly reflects the latest printing of each page.
In the first column all page numbers are listed in sequence. The second column reflects
the latest printing of the pages as they should appear in an up-to-date volume. The letters
"OC" indicate the pages have not been reprinted in the Supplement Service and appear as
published for the original Code. When a page has been reprinted or printed in the
Supplement Service, this column reflects the identification number or Supplement Number
printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in compiling
an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp. No. Page No. Supp. No.
Title Page 25 CHTCT:1 OC
iii 25 CHTCT:3 21
iv.i 22 CD1:1 OC
v, vi OC CD1:3, CD1:4 OC
vii OC CD1:5, CD1:6 12
ix, x 1 CD1:7 12
xi, xii 28 CD2:1, CD2:2 22
xiii, xiv 28 CD2:3, CD2:4 28
xv, xvi 28 CD2:5, CD2:6 24
xvii, xviii 28 CD2:7, CD2:8 27
xix 28 CD2:9, CD2:10 27
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Supp. No. 28
SUPPLEMENT HISTORY TABLE
„ -
. 4,-. - :.
, -,_
, .
' •, - - M -
— '
04-2015
3-17-15
Include
24
05-2015
6-16-15
Include
24
06-2015
7-21-15
Include
24
07-2015
8-18-15
Include
24
09-2015
9-22-15
Include
24
,.":No25
11-2015
11-17-15
Include
25
12-2015
11-17-15
Include
25
2016-05(Res.)
4-19-16
Include
25
01-2016
5-17-16
Include
25
02-2016
7-19-16
Include
25
2016-12(Res.)
8-16-16
Include
25
SAIP4ii':N4;:23,2-6:1-_,-
01-2017
1-17-17
Include
26
02-2017
1-17-17
Include
26
03-2017
2-21-17
Include
26
04-2017
4-18-17
Include
26
05-2017
6-20-17
Omit
26
06-2017
6-20-17
Include
26
08-2017
7-18-17
Include
26
09-2017
7-18-17
Include
26
2017-08(Res.)
7-18-17
Include
26
2017-09(Res.)
7-18-17
Include
26
11-2017
8-15-17
Include
26
12-2017
8-15-17
Include
26
2017-15(Res.)
8-15-17
.14;Mii<4;ft.8iiiiilliV2,,n611,--Iiia7SW2t-2:4:;::16.Z.4
Include 26
1,,i,!..'!'%t,
16-2017
1-16-18
Include
27
01-2018
2-20-18
Include
27
02-2018
4-17-18
Include
27
03-2018 ,
5-15-18
Include
27
04-2018
6-19-18
Include
27
07-2018
9-18-18
Include
27
S4Oti;''-I•Ta7.4
2 A —
05-2019
2-19-19
Include
28
09-2019
5-21-19
Include
28
2019-05(Res.)
5-21-19
Include
28
2019-09(Res.)
5-21-19
Omit
28
10-2019
6-18-19
Include
28
11-2019
6-18-19
Include
28
Supp. No. 28
SH:3
ADMINISTRATION
Division 3. Impact Fees
Sec. 2-231. Levy and purpose.
Sec. 2-232. Exemptions.
Sec. 2-233. Schedule.
Sec. 2-234. Payment.
Sec. 2-235. Partial waiver authorized.
Sec. 2-236. Capital expansion trust funds.
Sec. 2-237. Capital expansion plans.
Secs. 2-238-2-245. Reserved.
Article VI. Code Enforcement
Division 1. Generally
Sec. 2-246. Authorization to enter upon property.
Sec. 2-247 Definitions.
Sec. 2-248. Provisions are supplemental; conflicts with state law.
Sec. 2-249. Code references to special magistrate or code enforcement
board.
Sec. 2-250. Duties of code enforcement officers -Generally.
Sec. 2-251. Prosecution of violations with no criminal penalty.
Sec. 2-252. Special magistrate and code enforcement board administrative
fines; costs of repairs; and filing of liens.
Sec. 2-253. Service of notice for special magistrate and code enforcement
board proceedings.
Sec. 2-254. Enforcement procedures.
Sec, 2-255. Scheduling and conduct of hearing.
Sec. 2-255.1. Appeal of special magistrate or code enforcement board order.
Sec. 2-255.2. Additional enforcement powers.
Division 2. Code Enforcement Board
Sec. 2-256. Created.
Sec. 2-257. Membership.
Sec. 2-258. Code board proceedings; duties, responsibilities and powers.
Sec. 2-259. Administrative rules.
Division 3. Code Lien Satisfactions
Sec. 2-260. Application for satisfaction, release, or reduction, of code enforce-
ment liens,
Division 4. Special Magistrate
Sec. 2-261. Special magistrates.
Sec. 2-262. Powers of special magistrates.
Sec. 2-263. Special magistrate proceedings; duties, responsibilities and
powers.
Secs. 2-264 2-279, Reserved.
Division 5. Code Enforcement Citations
Sec. 2-280. Intent and purpose.
Sec. 2-281. Reserved.
Sec. 2-282. Authorization of citation program.
Sec. 2-283. Applicable codes and ordinances; class violation.
Sec. 2-284. Training of code enforcement officers.
Sec. 2-285. Citation powers; personal investigation; reasonable cause.
Sec. 2-286. Violation; penalties; general.
Supp. No. 28 CD2:3
CAPE CANAVERAL CODE
Sec. 2-287. Citation issuance procedure.
Sec. 2-288. Citation form.
Sec. 2-289. Payment of penalty; court hearings.
Sec. 2-291. Classes of violations and penalties.
Division 6. Criminal Nuisance Abatement Board
Sec. 2-292. Purpose and intent.
Sec. 2-293. Establishment; membership; meetings; definitions.
Sec. 2-294. Powers.
Sec. 2-295. Criminal nuisances established; violations.
Sec. 2-296. Enforcement procedures; notice; hearing.
Sec. 2-297. Penalties; fines; liens; recording.
Sec. 2-298. Appeal.
Sec. 2-299. Reserved.
Article VII. Travel Reimbursement Policies and Procedures
Sec. 2-300. Reimbursement policy and procedures for official travel.
Supp. No. 28 CD2:4
ADMINISTRATION
(3) Construction of any nonresidential
structure by any agency of federal, state
or local government.
(Ord. No. 41-93, § 1(719.03), 10-19-93)
Sec. 2-233. Schedule.
Impact fees upon new construction shall be
established and are imposed and levied to defray
the cost of capital expenditures attributable to
parks and recreation, library, general govern-
ment, police and fire and rescue services. The
amounts of the impact fees are contained in
appendix B to this Code. The city council may,
from time to time, revise the amounts of the
impact fees by resolution.
(Ord. No. 41-93, § 1(719.05), 10-19-93)
Sec. 2-234. Payment.
(a) The impact fees imposed by this division
shall be paid in legal tender unless the city
council accepts an in -kind contribution of real or
personal property for public use which serves the
same public purposes as those for which the
impact fees are imposed. Credit for such in -kind
contribution shall be based upon the fair market
value of that property as of the date the city
council accepts such offer of dedication. The
appraised value of the property shall be verified
by at least one competent independent opinion
thereof.
(b) All impact fees shall be paid by certified
funds at the time of issuance of a building permit
for such new construction.
(Ord. No. 41-93, § 1(719.07), 10-19-93; Ord. No.
07-2002, § 1, 4-16-02; Ord. No. 10-2019, § 2,
6-18-19)
Sec. 2-235. Partial waiver authorized.
(a) The city council may waive all or any
portion of an impact fee required by this divi-
sion, if privately supplied parks and recreation,
library, general government, police or fire and
rescue services provided for the sole use of the
residents or occupants of a project are of such a
nature as to reduce the project's impact upon the
city's capital needs for expansion of that particular
public service. The amount waived under the
authority of this provision shall not exceed the
§ 2-236
actual cost of such facilities, or one-half of the
applicable impact fee, whichever is less, credited
against that category of impact fees receiving
such reduced impact.
(b) The parks and recreation services impact
fee reduction for a residential project shall be
based upon a minimum of 35 square feet of
enclosed recreation area per dwelling unit and a
maximum of 200 square feet of enclosed recreation
area per dwelling unit. If those conditions are
fulfilled, the waiver of one-half of the parks and
recreation impact fee shall be granted.
(Ord. No. 41-93, § 1(719.09), 10-19-93)
Sec. 2-236. Capital expansion trust funds.
(a) Established. The following capital expan-
sion trust funds are hereby established:
(1) Parks and recreation services special
revenue fund;
(2) Library services capital expansion special
revenue fund;
(3) General government services capital
expansion special revenue fund;
(4) Police protection capital expansion special
revenue fund; and
(5) Fire protection capital expansion special
revenue fund.
(b) Collection; deposit. Upon collection of the
applicable impact fees imposed by this division,
the same shall be eal marked to ensure that the
impact fees are ultimately expended in connec-
tion with the improvements for which they were
paid, by crediting the impact fees to the appropri-
ate capital expansion trust fund or account.
Notwithstanding the foregoing, however, the
designation and establishment of any capital
expansion trust fund or account shall not be
construed to require the establishment of any
completely independent, self -balancing funds or
accounts, as such terms are commonly defined
and used in governmental accounting, but rather
is intended solely to constitute an earmarking of
the impact fees collected for certain purposes.
The impact fees of the earnings thereon may be
deposited immediately upon collection in five
separate interest -bearing bank accounts
Supp. No. 28 CD2:17
§ 2-236
CAPE CANAVERAL CODE
established in the names of each of the capital
expansion trust funds or accounts; a single,
interest -bearing bank account; an interest -
bearing bank account in which other funds of the
city are on deposit; or any combination of the
foregoing; provided that, in each case, the account
or funds are with a depository authorized to
receive deposits of city funds and that standard
accounting records are maintained to reflect the
earmarking of the monies therein for the various
purposes of the capital expansion trust funds or
accounts. The capital expansion trust funds or
accounts shall be maintained on the books of the
city as separate and distinct from all other funds
and accounts of the city. Interest earned on the
impact fees shall be credited to each of the
capital expansion trust funds or accounts in the
appropriate percentages.
(c) Use.
(1) Funds credited to each capital expansion
account shall be used only for the purpose
of expansion or acquisition of capital
facilities or equipment for the particular
service named in each account.
Expenditures from each account shall be
specifically approved by the city council,
shall be limited to the expansion or
acquisition of such capital facilities, or
for payments, including sinking fund pay-
ments, on bonds or other certificates of
indebtedness executed for the purpose of
expansion or acquisition of those facili-
ties or equipment. Before authorizing an
expenditure from any one of these trust
accounts, the city shall determine that:
a. The expenditure is for capital facili-
ties or equipment to be used for the
purpose of such account;
b. The expenditure is required by new
construction from which such funds
were collected; and
c. The expenditure will result
predominantly in a special benefit
to new construction, as opposed to
pre-existing uses.
(2) The city shall have the right to modify or
delete any of the proposed capital improve-
ments or expenditures within each of the
general categories of the improvements
and specialized equipment reflected in
any impact fee study report upon which
the fees imposed in this division are
based or to add capital improvements or
expenditures within those general
categories, provided that the total amount
of impact fees credited to each of the
applicable capital expansion trust funds
or accounts is ultimately expended for
the purposes of such capital expansion
trust funds or accounts in the amount set
forth in section 2-233.
(Ord. No. 41-93, § 1(719.11), 10-19-93)
Sec. 2-237. Capital expansion plans.
(a) The city council shall adopt a capital
expansion plan for each such trust account
established in this division. Such plans shall be
reviewed annually during the budget review
process.
(b) The impact fees imposed hereby shall be
reviewed biannually. At such time the city council
shall analyze the projected construction within
the city, the cost of any new or expanded capital
facilities and equipment of parks and recreation,
library, general government, and fire and rescue
services which shall be generated by that construc-
tion, and the funds otherwise available to finance
those costs.
(Ord. No. 41-93, § 1(719.13), 10-19-93)
Secs. 2-238-2-245. Reserved.
Supp. No. 28 CD2:18
ADMINISTRATION § 2-247
ARTICLE VI. CODE ENFORCEMENT*
DIVISION 1. GENERALLY
Sec. 2-246. Authorization to enter upon
property.
A code enforcement officer charged with the
duty to enforce this article shall have the right to
enter upon private real property in accordance
with applicable federal and state law. If entry
upon private real property is denied, the city
manager is hereby authorized to direct the city
attorney to obtain an inspection warrant from a
court of competent jurisdiction for purposes of
*Editor's note -Ord. No. 11-2019, § 2, adopted June 18,
2019, amended Art. VI in its entirety to read as herein set
out. Former Art. VI, §§ 2-256--2-260, 2-280--2-298, pertained
to similar subject matter, and derived from Ord. No. 23-94,
§ 1, adopted July 19, 1994; Ord. No. 05-2003, § 2, adopted
Feb. 18, 2003; Ord. No. 06-2004, § 2, adopted April 20, 2004;
Ord. No. 06-2007, § 2, adopted Oct. 16, 2007; Ord. No.
06-2008, § 2, adopted May 6, 2008; Ord. No. 06-2012, § 3,
adopted April 17, 2012; Ord. No. 07-2012, § 3, adopted May
15, 2012; Ord. No. 09-2012, § 2, adopted June 19, 2012; Ord.
No. 21-2012, § 2, adopted Dec. 18, 2012; Ord. No. 08-2013,
§ 3, adopted July 16, 2013; Ord. No. 17-2013, § 3, adopted
Jan. 21, 2014; Ord. No. 01-2016, § 2, adopted May 17, 2016;
Ord. No. 01-2017, § 2, adopted Jan. 17, 2017; Ord. No.
03-2017, § 2, adopted Feb. 21, 2017.
Cross references -Regulations regarding the amuse-
ment device code, § 10-26 et seq.; regulations regarding
outdoor entertainment, § 10-46 et seq.; regulations regarding
adult entertainment, § 10-86 et seq.; regulations regarding
animals, ch. 14; businesses, ch. 16; regulations regarding
alarm systems, § 30-26 et seq.; regulations regarding litter-
ing, § 34-26 et seq.; litter abatement procedure, § 34-66 et
seq.; regulations regarding property maintenance standards,
§ 34-91 et seq.; regulations regarding weeds and dead
vegetation, § 34-121 et seq.; regulations regarding noise,
§ 34-151 et seq.; regulations regarding abandoned property,
§ 34-176 et seq.; regulations regarding lighting systems,
§ 34-206 et seq.; fire prevention and protection, ch. 38;
regulations regarding collection and disposal of solid waste,
ch. 62; regulations regarding excavations in streets, sidewalks
and other public places, § 66-61 et seq.; regulations regarding
occupational licenses, § 70-66 et seq.; regulations regarding
the sanitary sewer system, § 78-26 et seq.; regulations
regarding buildings, ch. 82; regulations regarding stormwa-
ter management, § 90-116 et seq.; regulations regarding
signs, ch. 94; regulations regarding subdivisions, ch. 98;
regulations regarding vegetation, ch. 102; regulations regard-
ing wetlands protection, § 106-26 et seq.; regulations regard-
ing zoning, ch. 110.
State law reference -Code enforcement, F.S. ch. 162.
authorizing a code enforcement officer to inspect
the private real property and personal property
thereon.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-247 Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning
or applicable state law provides a conflicting
meaning:
Code or City Code means collectively the City
of Cape Canaveral Code of Ordinances and any
statute, code, rule, ordinance or regulation
incorporated into the Code by reference.
Code enforcement board means a board cre-
ated by the city council by resolution pursuant to
section 2-256.
Code enforcement officer means any authorized
agent or employee of the city who has been
designated by the city manager to enforce the
city's Code and ordinances.
Repeat violation means a violation of a provi-
sion of the Code by a person who has been
previously found through a code enforcement
board or a special magistrate, to have violated or
has admitted violating the same provision of the
Code within five years prior to the violation,
notwithstanding the violations occur at different
locations. A repeat violation can occur only after
correction of the previous violation has been
made.
Special magistrate means an individual
designated and determined to be qualified by the
city council or city manager pursuant to section
2-261 of this article.
Uncorrectable violation means a violation which
is irreparable or irreversible in nature and which
cannot be remedied after the violation has been
committed because the violation constitutes a
single prohibited act rather than an ongoing
condition or circumstance.
Violator means that person or entity responsible
for a violation of the Code (the property owner,
tenant, or business entity on the premises, or
Supp. No. 28 CD2:19
§ 2-247
CAPE CANAVERAL CODE
any combination thereof) and may include the
property owner on whose property the violation
occurs regardless of who commits the violation.
A violator may 'include, but is not limited to, any
person, individual, trustee, associations, joint
ventures, partnerships, corporations, trusts, sole
proprietorships, and any and all other groups or
combinations and legal entities.
Violation shall mean the act of breaking,
infringing or transgressing any provision of the
City Code, its ordinances or other law by a
person, pursuant to this article.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-248. Provisions are supplemental;
conflicts with state law.
(a) Nothing contained in this article shall
prohibit the city from enforcing its Code by any
lawful means including, but not limited to, a
summons, an arrest, a notice to appear, civil
action for injunctive relief, a stop work order or
demolition. The enforcement procedures outlined
in this article are additional and cumulative to
all others and shall not be deemed to be
prerequisites to filing suit for the enforcement of
any section of this Code.
(b) If any provision of this article conflicts
with the provisions of Chapter 162, Florida
Statutes, or other applicable state or federal law,
the conflicting provision in Chapter 162, Florida
Statutes, or other applicable state or federal law
shall apply if the state or federal law preempts
the conflicting provision of this article.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-249. Code references to special
magistrate or code enforcement
board.
Wherever there is a reference to only the
special magistrate or code enforcement board in
the City Code other than contained in this
article, the reference to the term special magistrate
shall be interchangeable with the term code
enforcement board and vice versa to the extent
necessary to conduct the hearing requested by
the code enforcement officer. It is the intent and
purpose of this article and section that code
enforcement cases may be brought by code enforce-
ment officers using alternate code enforcement
systems authorized by the city council including
before a special magistrate or code enforcement
board.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-250. Duties of code enforcement
officers —Generally.
Code enforcement officers shall have the duties,
responsibilities and powers related to code enforce-
ment as set forth in Chapter 162, Florida Statutes
and the City Code including as set forth in this
article.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-251. Prosecution of violations with
no criminal penalty.
Any violation of the City Code which the city
elects to prosecute before the code enforcement
board or special magistrate shall have no criminal
penalty as to said violation. However, this Sec-
tion shall not be construed to abrogate or repeal
any provision of the City Code or applicable state
or federal law that expressly imposes a criminal
penalty as to said violation and said violation is
prosecuted as a criminal infraction in accordance
with law.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-252. Special magistrate and code
enforcement board administra-
tive fines; costs of repairs; and
filing of liens.
(a) The special magistrate or code enforce-
ment board, upon notification by the code enforce-
ment officer that an order of the special magistrate
or code enforcement board has not been complied
with by the set time or, upon finding that a
repeat violation has been committed, shall conduct
a ''Massey" compliance hearing after notice of
the hearing is provided to the violator by the
code enforcement officer. At the compliance hear-
ing, the violator will be afforded an opportunity
to be heard on the issue of whether the violator is
in compliance with the special magistrate or
code enforcement board order, and upon a
determination of non-compliance, the special
magistrate or code enforcement board shall order
Supp. No. 28 CD2:20
ADMINISTRATION § 2-253
the violator to pay a fine in an amount specified
in this section for each day the violation continues
past the date set by the order for compliance. In
addition, if, pursuant to a finding by the special
magistrate or code enforcement board, the condi-
tion causing the violation presents a serious
threat to the public health, safety, and welfare,
the city may, at its discretion, make all reason-
able repairs that are required to bring the
property into compliance and charge against the
violator the cost of the repairs along with the
fine imposed pursuant to this section. An account-
ing of the cost of repairs will be presented to the
special magistrate or code enforcement board for
consideration in such cases. Making such repairs
does not create a continuing obligation on the
part of the local governing body to make further
repairs or to maintain the property and does not
create any liability against the city for any
damages to the property if such repairs were
completed in good faith.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first
violation,and, shall not exceed $500.00 per day
for a repeat violation, and, in addition, may
include all costs of repairs pursuant to subsec-
tion (a). The fine for an uncorrectable violation
shall not exceed $5,000.00 per violation.
(c) In determining the amount of the fine, if
any, the special magistrate or code enforcement
board shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to
correct the violation; and
(3) Any previous violations committed by
the violator.
(d) A special magistrate or code enforcement
board may reduce a fine imposed pursuant to
this section before an order imposing a fine is
recorded as a lien in the public records. After the
lien is recorded, the lien shall run in favor of the
city council.
(e) A certified copy of an order imposing a fine
may be recorded in the public records of the
county and thereafter shall constitute a lien
against the land on which the violation exists
and upon any other real or personal property
owned by the violator. Upon petition to the
circuit court, the order may be enforced in the
same manner as a court judgment by the sheriffs
of this state, including levy against the personal
property, but such order shall not be deemed to
be a court judgment except for enforcement
purposes. A fine imposed pursuant to this sec-
tion shall continue to accrue until the violator
comes into compliance or until judgment is
rendered pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the city
council and the city manager may execute a
satisfaction or release of lien entered pursuant
to this section in accordance with the authority
granted to the city manager under section 2-260.
(f) After three months from the filing of any
such lien which remains unpaid, the special
magistrate or code enforcement board may
authorize the city attorney to foreclose on the
lien or to sue to recover a money judgment for
the amount of the lien plus any accrued interest.
No lien created pursuant to the provisions of this
section may be foreclosed on real property which
is a homestead under Section 4, Article X of the
State Constitution. The money judgment provi-
sions of this section shall not apply to real
property or personal property which is covered
under Section 4(a), Article X of the State Constitu-
tion.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-253. Service of notice for special
magistrate and code enforce-
ment board proceedings.
(a) All notices required in this article related
to special magistrate or code enforcement board
proceedings shall be provided to the alleged
violator by certified mail, return receipt requested;
by hand delivery by the sheriff or law enforce-
ment officer of the city, code enforcement officer,
or other person designated by the city council; or
by leaving the notice at the violator's usual place
of residence with any person residing therein
who is above 15 years of age and informing such
person of the contents of the notice. In the case
of commercial premises, leaving the notice with
the manager or other person in charge.
Supp. No. 28 CD2:21
§ 2-253 CAPE CANAVERAL CODE
(b) In addition to providing notice as set forth
in subsection (a), at the option of the special
magistrate or code enforcement board, notice
may also be served by publication or posting as
follows:
(1) Such notice shall be published once during
each week for four consecutive weeks,
with four publications being sufficient, in
a newspaper of general circulation in the
city. The newspaper shall meet such
requirements as are prescribed under
Chapter 50, Florida Statutes, for legal
and official advertisements.
(2) Proof of publication shall be made as
provided in F.S. §§ 50.041 and 50.051.
(3) In lieu of publication as described in
subsection (1) above, such notice may be
posted for at least ten days in at least
two locations, one of which shall be the
property upon which the violation is
alleged to exist and the other of which
shall be at City Hall. Proof of posting
shall be by affidavit of the person posting
the notice, which affidavit shall include a
copy of the notice posted and the date
and places of its posting.
(4) Notice by publication or posting may run
concurrently with, or may follow, an
attempt to provide notice by hand delivery
or by mail as required under subsection
(a).
(c) Evidence that an attempt has been made
to hand deliver or mail notice as provided in
subsection (a) together with proof of publication
or posting as provided in subsection (b) shall be
sufficient to show that the notice requirement, of
this part has been met, without regard to whether
or not the alleged violator actually received the
notice.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-254. Enforcement procedures.
(a) Code enforcement officers shall have the
authority to initiate code enforcement proceed-
ings as provided in this article. Special
magistrates and code enforcement boards shall
not have such authority.
(b) Except as provided herein, a code enforce-
ment officer who finds a violation of the Code
shall issue a notice to the violator stating that
the violator has committed a violation of the
Code. The notice shall specify a reasonable time
period within which the violator must correct the
violation. This determination shall be based on
considerations of fairness; practicability; ease of
correction; ability to correct; severity of violation;
nature, extent and probability of danger or damage
to the public; and other relevant factors relating
to the reasonableness of the time period
prescribed.
(c) If, upon personal investigation, a code
enforcement officer finds that the violator has
not corrected the violation within the time period
specified in the notice, the code enforcement
officer shall notify the special magistrate or code
enforcement board and request a hearing. If the
violation is corrected and then recurs or if the
violation is not corrected by the time specified for
correction by the code enforcement officer, the
case may be presented to the special magistrate
or code enforcement board even if the violation
has been corrected prior to the hearing, and the
notice shall so state.
(d) If a repeat violation is found, the code
enforcement officer shall issue a notice to the
violator but is not required to give the violator a
reasonable time to correct the violation. The
code enforcement officer, upon notifying the viola-
tor of a repeat violation, shall notify the special
magistrate or code enforcement board and request
a hearing. The case may be presented to the
special magistrate or code enforcement board
even if the repeat violation has been corrected
prior to the hearing, and the notice shall so state.
If the repeat violation has been corrected, the
special magistrate or code enforcement board
retains the right to schedule a hearing to
determine costs and impose the payment of
reasonable enforcement fees upon the repeat
violator.
(e) If a code enforcement officer has reason to
believe a violation or the condition causing the
violation presents a serious threat to the public
health, safety and welfare, or if the violation is
an uncorrectable violation, the code enforcement
Supp. No. 28 CD2:22
ADMINISTRATION
officer shall make a reasonable effort to notify
the violator and may immediately request a
hearing.
(f) If the owner of property that is subject to
an enforcement proceeding before the special
magistrate or code enforcement board transfers
ownership of such property between the time the
initial pleading was served and the time of the
hearing, such owner shall:
(1) Disclose, in writing, the existence and
the nature of the proceeding to the
prospective transferee.
(2) Deliver to the prospective transferee a
copy of the pleadings, notices, and other
materials relating to the code enforce-
ment proceeding received by the transf-
eror.
(3) Disclose, in writing, to the prospective
transferee that the new owner will be
responsible for compliance with the
applicable Code provision and with orders
issued in the code enforcement proceed-
ing.
(4) File a notice with the special magistrate
or code enforcement board of the transfer
of the property, with the identity and
address of the new owner and copies of
the disclosures made to the new owner,
within five days after the date of the
transfer.
A failure to make the disclosures described in
subsections (1), (2) and (3) before the transfer
creates a rebuttable presumption of fraud. If
the property is transferred before the hearing,
the proceeding shall not be dismissed, but the
new owner shall be provided a reasonable
period of time to correct the violation before
the hearing is held.
(g) Nothing herein shall prohibit a violator
from waiving his or her rights to the hearing
required by this section and entering into a
pre -hearing code enforcement settlement agree-
ment, which must be memorialized in writing
and executed by the violator and city manager.
Such agreements may include terms and condi-
tions to bring the violation into compliance,
impose and require payment of an agreed upon
§ 2-255
penalty and reimbursement of costs incurred by
the city related to the violation, and other terms
and conditions deemed necessary to settle the
violation.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-255. Scheduling and conduct ofhear-
mg.
(a) Upon request of the code enforcement
officer, or at such other times as may be neces-
sary, a special magistrate or code enforcement
board may call a hearing. Minutes shall be kept
of all hearings by each special magistrate or code
enforcement board, and all hearings and proceed-
ings shall be open to the public. The city manager
shall provide clerical and administrative person-
nel as may be reasonably required by each
special magistrate or code enforcement board for
the proper performance of his or her duties. The
city manager shall designate a city staff person
to serve as clerk to the special magistrates or
code enforcement board.
(b) The clerk or their designee shall send a
notice of hearing in the same manner of service
as outlined in section 2-264.
(c) The clerk or their designee shall call hear-
ings on a monthly basis or upon the request of
the special magistrate or code enforcement board.
Except as provided herein, a hearing date shall
not be postponed or continued unless a request
for a continuance, showing good cause for a
continuance, is received in writing by the special
magistrate or code enforcement board at least
ten calendar days prior to the date set for
hearing.
(d) A special magistrate or code enforcement
board shall postpone a hearing if the named
violator, prior to the scheduled hearing date,
files with the duly authorized city board or
official of appropriate jurisdiction, if any, an
administrative appeal concerning the interpreta-
tion or application of the Code provisions upon
which the alleged violation was based. However,
once an issue has been determined by a special
magistrate or code enforcement board in a specific
case, that issue may not be further reviewed by a
city board or official in that specific case.
Supp. No. 28 CD2:23
§ 2-255
CAPE CANAVERAL CODE
(e) Each case before a special magistrate or
code enforcement board shall be presented by a
code enforcement officer or by a duly authorized
representative of the city. If the city prevails in
prosecuting a case before the special magistrate
or code enforcement board, it shall be entitled to
recover all costs incurred in prosecuting the case
before the special magistrate or code enforce-
ment board and such costs may be included in
the lien authorized under section 2-266.
(f) A special magistrate or code enforcement
board shall proceed to hear the cases on the
agenda for that day. All testimony shall be under
oath and shall be recorded. At the hearing, the
burden of proof shall be upon the city to show, by
a preponderance of the evidence, that a violation
does exist. The special magistrate or code enforce-
ment board shall take testimony from the code
enforcement officer and alleged violator, as well
as any relevant witnesses. Relevant written
evidence and documentation may also be submit-
ted into the record. Irrelevant, immaterial or
unduly repetitious evidence shall be excluded,
but all other evidence of a type commonly relied
upon by reasonably prudent persons in the conduct
of their affairs shall be admissible, whether or
not such evidence would be admissible in a trial
in the courts of the State of Florida. Formal rules
of evidence shall not apply, but fundamental due
process shall be observed and shall govern the
proceedings. The special magistrate or code
enforcement board may exercise reasonable discre-
tion in managing the hearing agenda and may
continue or reschedule cases to the extent reason-
ably necessary to afford due process, address
continuances for good cause shown, or effectively
manage the case load.
(g) At the conclusion of the hearing, the special
magistrate or code enforcement board shall issue
findings of fact, based on evidence of record and
conclusions of law, and shall issue an order
affording the proper relief consistent with powers
granted herein and in Chapter 162, Part I,
Florida Statutes. The order shall be announced
orally at the hearing and shall be reduced to
writing and mailed by regular U.S. mail to the
alleged violator. The order may include a notice
that it must be complied with by a specified date
and that a fine may be imposed and, under the
conditions specified in section 2-266 the cost of
repairs may be included along with the fine if the
order is not complied with by said date. A
certified copy of such order may be recorded in
the public records of the county and shall
constitute notice to any subsequent purchasers,
successors in interest, or assigns if the violation
concerns real property, and the findings therein
shall be binding upon the violator and, if the
violation concerns real property, any subsequent
purchasers, successors in interest, or assigns. If
an order is entered by the special magistrate or
code enforcement board pursuant to this subsec-
tion and the order is complied with by the date
specified in the order, the special magistrate or
code enforcement board shall issue an order
acknowledging compliance and if the original
order was recorded in the public records, the
order acknowledging compliance shall likewise
be recorded in the public records. A hearing is
not required to issue such an order acknowledg-
ing compliance with the original order.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-255.1. Appeal of special magistrate
or code enforcement board
order.
An aggrieved party, including the city, may
appeal a final order of a special magistrate or
code enforcement board to the circuit court. Such
an appeal shall not be a hearing de novo, but
shall be limited to appellate review of the record
created before the special magistrate or code
enforcement board. An appeal shall be filed
within 30 calendar days of the issuance of the
order sought to be overturned. Failure to make
such appeal within the prescribed 30-day period
shall render the findings of the special magistrate
or code enforcement board conclusive, binding
and final.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-255.2. Additional enforcement
powers.
In addition to the powers and authority given
to the special magistrate or code enforcement
board for the city pursuant to this division, the
city may, in its discretion, exercise any powers
Supp. No. 28 CD2:24
ADMINISTRATION § 2-260
given to municipalities or their special magistrate
or code enforcement board by Chapter 162, Florida
Statutes, as amended.
(Ord. No. 11-2019, § 2, 6-18-19)
DIVISION 2. CODE ENFORCEMENT
BOARD*
Sec. 2-256. Created.
A code enforcement board may be established
by the city council, upon adoption of a resolution,
pursuant to the authority granted by Chapter
162, Florida Statutes. If a code enforcement
board is established by the city council, the
provisions of this division shall apply.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-257. Membership.
The city council shall appoint members of the
code enforcement board in accordance with the
terms of Chapter 162, Florida Statutes.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-258. Code board proceedings; duties,
responsibilities and powers.
The code enforcement board shall have duties,
responsibilities and powers as set forth, and
shall be governed in all respects, by the provi-
sions of Chapter 162, Florida Statutes and divi-
sion 1 of this article, and shall have the power to
hear appeals as otherwise set forth in the City
Code of Ordinances.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-259. Administrative rules.
The code enforcement board may adopt
administrative rules for the efficient conduct of
hearings consistent with the City Code and other
applicable law. Said rules shall be in a form
approved by the city attorney.
(Ord. No. 11-2019, § 2, 6-18-19)
*Cross reference —Boards, committees, commissions,
§ 2-171 et seq.
DIVISION 3. CODE LIEN SATISFACTIONS
Sec. 2-260. Application for satisfaction,
release, or reduction, of code
enforcement liens.
(a) Where a certified copy of an order impos-
ing a penalty or fine, as described in F.S. ch. 162,
has been recorded in the public records of Bre-
vard County, Florida, and has become a lien
against the land and/or property of the violator,
such violator, or the violator's successors and
assigns who has an ownership interest in the
property, (collectively, the "applicant") may apply
for a satisfaction, release, or reduction of such
lien as follows:
(1) Lien satisfaction. Upon full payment by
the applicant of the fine or penalty
imposed in accordance with this division,
the city manager is hereby authorized to
execute and record in the public records
of Brevard County, Florida, a satisfaction
of lien on behalf of the city. The applicant
shall be responsible for paying all costs of
recording. Lien satisfaction requests do
not require a full application required by
subsection (b) of this section because the
applicant is paying the full amount of the
fine or penalty due the city.
(2) Lien release or reduction. Upon request
for a release or reduction of a fine or
penalty imposed in accordance with this
division, the applicant shall submit a
written application to the city manager
or designee, in accordance with this sec-
tion.
(b) Application. The application for release or
reduction of lien shall be in written form, typed
or handwritten, by the applicant and shall be
submitted to the city manager, or designee. The
application shall be executed under oath and
sworn to in the presence of a notary public, and
shall include, but may not be limited to, the
following:
(1) A copy of the order imposing a lien upon
the property including the code enforce-
ment case number;
Supp. No. 28 CD2:25
§ 2-260 CAPE CANAVERAL CODE
(2) The date upon which the applicant
brought the subject property into compli-
ance with the City Code;
(3) The basis upon which the applicant
believes the application for release or
reduction of lien should be granted;
(4) The terms upon which the release or
reduction of lien should be granted;
(5) The reasons, if any, compliance was not
obtained prior to the order of penalty or
fine being recorded;
(6) The reduction in penalty or fine sought
by the applicant;
(7) A statement verifying whether the
applicant was issued any title policy or
policies for the subject property
encumbered by the lien after the date the
lien was recorded in the public records of
Brevard County, Florida. If such a policy
or policies were issued to the applicant, a
copy of any such title policy shall be
submitted with the application;
(8) Any other lamination which the applicant
deems pertinent to the request, includ-
ing but not limited to the circumstances
that exist which would warrant the reduc-
tion or satisfaction of the penalty or fine.
(c) Reimbursement to city for recording costs
at time of application. The applicant shall submit,
at the time of application, an application fee
established by the city to defray some or all of
the city's costs of processing the application
including, but not limited to, personnel, legal,
and costs associated with recording the order
imposing a penalty or fine and the requested
release or reduction of lien. These costs are
nonrefundable, without regard for the final
disposition of the application.
(d) Application review. Upon receipt of the
application and payment provided above, the
code enforcement division shall confirm that the
violation, which resulted in the order imposing
penalty or fine, has been corrected. If the viola-
tion has been corrected and there are no current
code violation(s) upon the property in question,
the code enforcement division shall place the
application and a staff recommendation upon
the agenda of the next meeting of the city council
for the City of Cape Canaveral for a hearing.
(e) At the hearing before the city council, the
city council shall review and consider the applica-
tion for reduction or release of lien, provide the
violator with an opportunity to address the
board regarding the application for reduction or
release of lien, and to take the testimony of other
interested parties, including but not limited to
city staff
Upon review of the application and any
testimony presented, the city council shall by
motion or writing approve, approve with condi-
tions, or deny the application for reduction or
release of lien.
Whenever a recommendation or decision is
made under this section, the following factors
shall be applied by the city in detei mining the
amount of any reduction or release:
(1) The amount of any administrative and
out-of-pocket costs incurred by the city
which are directly associated with the
underlying code enforcement case and
lien including, but not limited to, code
enforcement staff and attorney time, post-
age, advertising and recording costs, and
other city expenses related to any measure
taken by the code board or city to abate a
nuisance caused by the violation;
(2) The gravity and number of the viola-
tion(s);
(3) The amount of the requested reduction;
(4) The time in which it took to bring the
property into compliance;
(5) Whether the applicant was responsible
for the violation which caused the lien;
(6) Whether the applicant is or will be a
bona fide purchaser of the subject property
and is filing or has filed for a homestead
exemption evidencing a desire to reside
within the city on a non -transient basis,
or whether the property is or will be
acquired for investment or other purposes;
(7) Whether the applicant acquired the
subject property with knowledge of the
Supp. No. 28 CD2:26
ADMINISTRATION
subject lien or should have knowledge of
the lien through reasonable due diligence;
(8) The accrued amount of the code enforce-
ment fine or lien as compared to the
current market value of the property;
(9) With respect to a speculator, non -
homestead purchaser of the subject
property, the accrued amount of the code
enforcement fine or lien as compared to
the investment/profit that will be gained
as a result of the purchase or sale of the
property and the reduction or satisfac-
tion;
(10) Any previous or subsequent violations
pertaining to the property unless an
order finding a violation is under appeal
at the time of determination;
(11) Any previous or subsequent violations of
the applicant pertaining to the other
properties owned within city, unless an
order finding a violation is under appeal
at the time of determination;
(12) Any relevant information contained in
any title policy required to be submitted
to the city under this section;
(13) Any financial hardship;
(14) Any other mitigating circumstance which
may warrant the reduction or satisfac-
tion of the penalty or fine; and
(15) Any other administrative review criteria
relevant to whether it is equitable to
reduce or release a lien which are adopted
by the city manager, in writing, and are
intended to be applied to all applications
on a uniformbasis.
(f) To the maximum extent feasible, the city
council shall collect, at a minimum, all administra-
tive and out-of-pocket costs incurred by the city
as specified in subsection (e)(1). If the city
council approves the application to reduce or
release the lien and the approval is conditioned
upon the applicant paying a reduced penalty,
fine, or any other condition, the satisfaction or
release of lien shall not be prepared or recorded
§ 2-260
in the public records of Brevard County, Florida
by the city manager until the condition(s) imposed
by the city council have been satisfied.
(g) Compliance and right of appeal. The
applicant shall have 30 days in which to comply
with the conditions imposed by the city council
unless otherwise approved by the city council in
a written agreement with the applicant.
(1) If the application is denied, or if the
application is automatically denied due
to the failure of the applicant to comply
with the conditions imposed by the city
council, the applicant shall thereafter be
barred from applying for a subsequent
reduction or release of lien for a period of
one year from the date of denial. During
the one-year period, the lien may only be
satisfied and released upon full payment
of the fine or penalty imposed in
accordance with this division.
(2) The city council shall render a final
decision on the application based upon
the sworn application and any other
relevant information or testimony
provided to the city council at the meet-
ing by the applicant, city manager or any
other interested party. Any decision made
by the city council pursuant to this sec-
tion shall be deemed final and not subject
to any further administrative review by
the city. The applicant shall have 30
days, or such time period determined by
the city council in a written agreement,
in which to comply with any decision of
or condition imposed by the city council
or the application shall be deemed
automatically denied and thereafter, the
applicant shall be barred from applying
for a subsequent reduction or release of
lien for a period of one year from the date
of the city council's decision. During the
one-year period, the lien may only be
satisfied and released upon full payment
of the fine or penalty imposed in
accordance with this division.
(3) When a lien is satisfied as a result of
reduced payment or release as ordered
by the city council, the city manager is
Supp. No, 28 CD2:27
§ 2-260
CAPE CANAVERAL CODE
hereby authorized to execute and record
in the public records of Brevard County,
Florida, a satisfaction of lien on behalf of
the city.
(h) Partial release of liens; liens recorded in
error. Under appropriate circumstances
determined by the city council to be in the best
interests of the city, city council may approve an
application conditioned upon a partial release of
lien that releases a city lien from a specific piece
of property. However, the lien will remain in
effect and will encumber any other properties
which are subject to the lien pursuant to law.
Partial releases of lien may also be authorized by
the city council to account for any funds paid to
the city to reduce the amount owed on the lien.
In addition, nothing herein shall prohibit the
city manager from releasing a lien, in whole or
part, that was recorded in error by the city. An
application shall not be required to release a lien
recorded in error.
(i) The provisions of this division shall be
deemed supplemental and in addition to the city
council's right, at its discretion, to collect a lien
imposed by the city and to compel or bring
properties into compliance with the City Code by
any other lawful means deemed reasonably neces-
sary by the city council.
(Ord. No. 11-2019, § 2, 6-18-19)
DIVISION 4. SPECIAL MAGISTRATE
Sec. 2-261. Special magistrates.
(a) The city council or city manager may
appoint one or more special magistrates to hear
code enforcement cases. The primary special
magistrate shall be appointed by the city council.
However, the city manager shall have the author-
ity to appoint secondary and alternate special
magistrates on an as needed basis in situations
when the primary special magistrate has a conflict
of any kind: is unavailable on account of illness,
disability or death; or the city's case load temporar-
ily requires an additional special magistrate to
handle cases in a timely manner. Appointments
shall be made in the sole discretion of the city
council or the city manager, as the case may be,
in accordance with applicable law on the basis of
experience or interest in the subject matter
jurisdiction of the violations.
(b) At such time the city council appoints an
initial special magistrate after June 17, 2019 in
accordance with this section, the then existing
City of Cape Canaveral Code Enforcement Board
shall be deemed abolished upon the effective
date of such appointment, subject to the future
reinstatement and reassignment of cases to the
City of Cape Canaveral Code Enforcement Board
by the city council pursuant to section 2-256,
City Code. All cases pending before the City of
Cape Canaveral Code Enforcement Board on the
effective date of any such abolishment shall be
transferred to the special magistrate(s) designated
by this section. Further, if a special magistrate(s)
is established and thereafter abolished, all cases
pending before the special magistrate(s) shall be
reassigned to City of Cape Canaveral Code
Enforcement Board in accordance with the direc-
tion given by the city council.
(c) Special magistrates may be abolished,
suspended, removed or terminated with or without
cause by the council. Appointments to fill any
vacancy shall be for the remainder of the
unexpired term.
(d) Special magistrates shall be members of
the Florida Bar in good standing for five or more
years. The special magistrate must demonstrate
satisfactory knowledge of municipal law and the
general procedures for enforcement of municipal
codes, arid must demonstrate a temperament
suitable for the exercise of quasi-judicial powers
vested in each special magistrate. Special
magistrates shall not be city employees or officers.
The city manager shall be responsible for negotiat-
ing and executing a contract on behalf of the city
with the special magistrate and the special
magistrate may be compensated at a rate to be
agreed upon in the contract. The contract will be
in a form prepared and approved by the city
attorney.
(e) The city attorney may attend the code
enforcement hearings conducted by the special
magistrate and represent city staff in the presenta-
tion of cases, or the code enforcement officer may
present cases, at the option of the city manager
Supp. No. 28 CD2:28
ADMINISTRATION
depending upon the substance and complexities
of any given case. To the extent necessary and
consistent with the city's interests to ensure
compliance with City Codes, the city attorney
will defend final orders of the special magistrate
which are appealed by violators to a court of
competent jurisdiction.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-262. Powers of special magistrates.
Special magistrates shall have the power to:
(a) Hear and decide violations of the Code.
(b) Adopt administrative rules for the efficient
conduct of hearings consistent with the
City Code and other applicable law. Said
rules shall be in a form approved by the
city attorney.
Subpoena alleged violators and wit-
nesses for hearings; subpoenas shall be
served by the county sheriff, process
server or by the city staff.
(d) Subpoena evidence deemed relevant to
hearings.
(e) Take testimony under oath.
(f) Assess and order the payment of civil
penalties as provided herein.
(g) Issue orders having the force of law to
command whatever steps are necessary
to bring a violation into compliance.
(h) Have jurisdiction to consider and address
orders previously entered by the city
code enforcement board.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-263. Special magistrate proceedings;
duties, responsibilities and
powers.
The special magistrate shall have duties,
responsibilities and powers as set forth, and
shall be governed in all respects, by the provi-
sions of Chapter 162, Florida Statutes, this
division, and division 1 of this article, and shall
have the power to hear appeals as otherwise set
forth in the City Code of Ordinances.
(Ord. No. 11-2019, § 2, 6-18-19)
Secs. 2-264-2-279. Reserved.
§ 2-282
DIVISION 5. CODE ENFORCEMENT
CITATIONS
Sec. 2-280. Intent and purpose.
(a) It is the intent and purpose of this division
to provide a supplemental procedure for the
enforcement of city codes and ordinances. Noth-
ing contained in this division shall prohibit the
city from enforcing its Code and ordinances by
any other lawful means.
(b) It is also the intent and purpose of this
division to enhance the effectiveness of code
enforcement within the city by authorizing the
enforcement methods and penalties contained in
this division for the betterment and promotion of
the public health, safety, and welfare of the
citizens of the city.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-281. Reserved.
Sec. 2-282. Authorization of citation
program.
(a) The city hereby adopts a code enforcement
citation system to provide an additional and
supplemental method of enforcing the enumer-
ated codes and ordinances enumerated in section
2-283 or specifically made subject to this division
elsewhere in the City Code. The enforcement
method shall be by the issuance of citations for
violation of duly enacted city codes and ordinances
in accordance with the rules and procedures
established by this division and F.S. ch. 162.
(b) Code enforcement officers shall not have
the power of arrest for purposes of bringing a
violation in compliance. For each violation, the
code enforcement officer shall detelmine, using
reasonable discretion, whether to prosecute the
violation through the civil citation system under
this division and/or the code enforcement board
or special magistrate.
(Ord, No. 11-2019, § 2, 6-18-19)
Supp. No. 28 CD2:29
§ 2-283
CAPE CANAVERAL CODE
Sec. 2-283. Applicable codes and
ordinances; class violation.
(a) The following city codes and ordinances
may be enforced by civil citation to the Brevard
County Court, and are assigned the violation
classification enumerated below:
(1) Chapter 38, article IV, Fireworks: Class
11.
(2) Chapter 34, article II, Litter: Class I.
(3) Chapter 34, article III, Property
Maintenance Standards: Class I.
(4) Chapter 34, article V, Noise: Class I.
(5) Chapter 34, article VII, Lights: Class I.
(6) Section 14-3, Bees and beehives
prohibited: Class I.
(7) Chapter 14, article III, Sea Turtles: Class
1.
(8) Section 110-467, Garage sales: Class I.
(9) Section 110-582, Swimming pool barri-
ers: Class II.
(10) Chapter 62, Solid waste: Class I.
(11) Section 110-487, Rental restrictions on
dwelling units: Class IV.
(12) Chapter 82, article XIV, Numbering of
Buildings and Property: Class I.
(13) Chapter 82, article V, Registration and
Maintenance of Properties in Foreclosure:
Class IV.
(14) Section 94-6, Prohibited signs and
features: Class I.
(15) Chapter 90, article V, construction site
stormwater runoff control: Class II.
(16) Chapter 92, Fertilizer Land Application:
Class I.
(17) Chapter 6, article III, Possession and
Consumption: Class I.
(18) Chapter 50, section 50-4, Sleeping and
Camping in Public Areas and Beaches:
Class I.
(b) In the event of a conflict between the civil
penalties enumerated in this section and a civil
penalty specifically enumerated elsewhere in
this Code or other ordinances, the more stringent
penalty shall apply.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-284. Training of code enforcement
officers.
(a) The training and qualifications of the code
enforcement officers shall be established by the
city manager.
(b) Except for sworn law enforcement officers,
the designation of code enforcement officers under
this division does not confer the power of arrest
or other law enforcement powers nor subject the
code enforcement officers to the provisions of F.S.
ch. 943.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-285. Citation powers; personal
investigation; reasonable cause.
Any code enforcement officer is hereby
authorized to issue a citation to a person when,
based upon personal investigation, the officer
has reasonable cause to believe that the person
has committed a civil infraction in violation of
the duly enacted code or ordinance which is
either identified in section 2-283 of this division
or specifically made subject to this division
elsewhere in the City Code, regardless of whether
the violation constitutes a repeat violation. Noth-
ing in this section shall prohibit the city from
enforcing its codes or ordinances by any other
means.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-286. Violation; penalties; general.
(a) A violation of a City Code or ordinance
specifically made subject to this division is hereby
deemed a civil infraction.
(b) Each violation of a City Code or ordinance
specifically made subject to this division is a
separate civil infraction. Each day such violation
shall continue shall be deemed to constitute a
separate civil infraction.
Supp..No. 28 CD2:30
ADMINISTRATION
(c) The maximum civil penalty pursuant to
this division, shall not exceed $500.00 plus all
applicable court costs and legislative assess-
ments, per violation.
(d) Any citation issued pursuant to this article
may be contested in county court.
(e) Any person who wilfully refuses to sign
and accept a citation issued by a code enforce-
ment officer shall be guilty of a misdemeanor of
the second degree, punishable as provided in F.S.
§§ 775.082 and 775.083.
(f) The provisions of this part shall not apply
to enforcement pursuant to sections 553.79 and
553.80 of the Florida Building Code, as applied
to construction, provided that a building permit
is either not required or has been issued by the
city.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-287. Citation issuance procedure.
All citations issued pursuant to this division
by a code enforcement officer shall be in
accordance with the following procedure:
(a) Warning notice. Except as provided in
subsection (b), a code enforcement officer
shall provide a warning notice prior to
issuing a citation. The warning notice
shall at a minimum provide the follow-
ing:
(1) The code or ordinance provision
violated;
(2) The date of the issuance of the
warning notice;
(3) Specified time for compliance (the
time period for compliance shall not
exceed 30 days);
(4) Maximum amount of fine if viola-
tion is not corrected;
(5) Code enforcement officer's signature;
and
(6) A place for the signature of the
person receiving the warning.
If upon personal investigation, the code
enforcement officer finds that the person
has not corrected the violation within the
§ 2-287
time period, the code enforcement officer
may issue a citation to the person who
has committed the violation. The cita-
tion shall be in a form proscribed in
section 2-288.
(b) Repeat violation, serious threat to public,
or irreparable. A code enforcement officer
is not required to provide the person with
a reasonable time period to correct the
violation prior to the issuance of a cita-
tion and may immediately issue a cita-
tion if a violation is found or if the code
enforcement officer has reason to believe
that the violation presents a serious threat
to the public health, safety or welfare, or
if the violation is irreparable or irrevers-
ible.
(c) Delivery of citations. After issuing a cita-
tion to a person, the code enforcement
officer shall:
(1) Deposit the original citation and
one copy of the citation with the
Clerk of Court for the Brevard
County Court.
(2) Provide the person cited with one
copy; and
(3) Retain one copy in the code enforce-
ment officer's case file.
(d) Issuing citations to persons. Written warn-
ing notices, if applicable, and citations
shall be issued to a person as follows:
(1) If the person is an individual, the
code enforcement officer shall issue
the warning notice or citation to the
person by hand delivery. In the
absence of the person who has com-
mitted the violation, issuance of a
warning notice or citation may be
accomplished by leaving a copy of
the warning notice or citation at a
person's usual place of residence
with any person residing therein
who is 15 years of age or older and
informing the person of the contents
or forwarding a copy of the warning
Supp. No. 28 CD2:31
§ 2-287
CAPE CANAVERAL CODE
notice or citation by registered or
certified mail, return receipt
requested.
(2) If the person is a business or other
entity, the code enforcement officer
shall issue the warning notice or
citation to any employee or principal
of the entity, during regular busi-
ness hours, and inform the employee
or principal of the contents or by
forwarding a copy of the warning
notice or citation by registered or
certified mail, return receipt
requested. Each employee of the
business or principal shall be deemed
to be an agent of the business for
service of warning notices and cita-
tions.
(e) Person required to sign citation. Except
in the absence of the person who has
committed the violation, a code enforce-
ment officer shall require the person to
sign and accept a citation being issued. If
the person refuses to sign and accept the
citation, the code enforcement officer shall
write the words "refused to sign" or any
other words of similar meaning in the
space provided in the citation for the
person's signature and shall leave a copy
of the citation with the person if possible,
or mail a copy to the person, if possible,
by registered or certified mail, return
receipt requested. Following such refusal
to sign and accept, the code enforcement
officer shall also contact the city police
department or sheriff to report such viola-
tion of section 2-286(e) and F.S.
§ 162.21(6).
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-288. Citation form.
Unless a uniform code citation is promulgated
by administrative order issued by the Chief
Judge of the 18th Judicial Circuit or state statute,
the citation issued by a code enforcement officer
shall be in a form prescribed by the city council
by resolution, and shall contain at a minimum
the following:
(a) The date and time of issuance;
(b) The name and address of the person to
whom the citation is issued;
(c) The date and time the civil infraction
was committed;
(d) The facts constituting reasonable cause;
(e) The number or section of the code or
ordinance violated;
(f) The name and authority of the code
enforcement officer;
(g) The procedure for the person to follow in
order to pay the civil penalty or to contest
the citation;
(h) The applicable civil penalty if the person
elects to contest the citation;
(i) The applicable civil penalty if the person
elects not to contest the citation; and
(j) A conspicuous statement that if the person
fails to pay the civil penalty within the
time allowed, or fails to appear in court
to contest the citation, the person shall
be deemed to have waived his or her
right to contest the citation and that, in
such case, judgment may be entered
against the person for an amount up to
the maximum civil penalty.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-289. Payment of penalty; court hear-
ings.
(a) Citation not contested. If the person elects
not to contest the citation, the person shall pay
in full the applicable civil penalty, made payable
by cash or check to the city and delivered to the
city manager, within 14 calendar days after
issuance of the citation. The civil penalty shall
be deposited in the city's general fund. By
paying the citation, the person shall be deemed
to have admitted the infraction and waived the
right to a hearing. The city manager shall
instruct the code enforcement officer who issued
the citation to promptly notify, in writing, the
clerk of the court for the county court that the
person elected not to contest the citation and the
matter involving the particular paid citation has
been closed and requires no hearing before the
court.
Supp. No. 28 CD2:32
ADMINISTRATION
(b) Failure to pay citation and request court
hearing. If the person cited fails to pay the civil
penalty by the 14th calendar day after the
issuance of the citation or fails to request a court
hearing within the time prescribed in subsection
(c), the person shall have waived any right to
contest the citation and a judgment shall be
entered against the person cited in an amount
up to the maximum civil penalty plus applicable
court costs. In addition, an order to show cause
may be issued by the county judge requiring the
person cited to appear in county court to explain
the person's failure to pay or request a court
hearing. Failure to respond to an order to show
cause may result in issuance of an arrest war-
rant or other lawful action by the court.
(c) Citation contested. If the person elects to
contest the citation, the person shall, within 21
calendar days of issuance of the citation, request,
in writing, the clerk of the court for the county
court to schedule a hearing before a county
judge. The person shall immediately notify the
city of the request for hearing by U.S. mail or
hand delivery to the city manager. Said hearing
shall be scheduled as soon as the court calendar
shall permit.
(d) Judicial determination of violation and
penalties; civil judgments; payment of civil judg-
ment.
(1) A county judge, after a hearing on the
citation, shall make a determination
whether or not a violation of the code or
ordinance cited has been committed. If a
violation is found to have occurred, the
county judge may order the violator to
correct the violation and may impose a
civil penalty up to the maximum civil
penalty plus all applicable costs of prosecu-
tion and legislative assessments, plus
applicable court costs; in no event,
however, shall such civil penalty imposed
by the county judge be less than the
reduced civil penalty set forth herein.
(2) The county judge may provide for the
civil penalty to be paid, and the violation
to be corrected, within such time as the
county judge determines to be appropri-
ate. If the person found to be in violation
§ 2-289
fails to pay the civil penalty or correct
the violation within the time provided, a
civil judgment shall be entered against
that person in an amount up to the
maximum civil penalty plus applicable
court costs.
(3) Should the person cited schedule a hear-
ing as provided for herein and thereafter
fail to appear at such hearing, the person
shall be deemed to have waived the right
to contest the citation, and a civil judg-
ment shall be entered against the person
in an amount up to the maximum civil
penalty plus applicable court costs;
provided, however, that the court shall
have the discretion to continue or
reschedule any hearing when it
determines that doing so will further the
interest of justice. In such an event, the
clerk of the court shall notify the code
enforcement officer and the person cited
of the date and time of the hearing. In
addition, an order to show cause may be
issued by the county judge requiring the
person cited to appear in county court to
explain the person's failure to appear at
the hearing. Failure to respond to the
order to show cause may result in issu-
ance of an arrest warrant.
(4) Should the person cited willfully fail to
comply with a court order to abate or
correct the violation, the court, after due
notice and hearing on the matter, may
hold the violator in civil contempt and
may enter an order to that effect.
(5) In the event that a civil judgment is
entered against the person cited as
provided herein, the city may record a
certified copy of said judgment in the
official records of the county and the
same shall thereafter constitute a lien
against the land on which the violation
exists and upon any other real or personal
property owned by the violator.
(6) In the event that an order is entered
finding that a violation of the ordinance
cited has been committed, the city may
record a certified copy of said order in the
Supp. No. 28 CD2:33
§ 2-289 CAPE CANAVERAL CODE
official records of the county and the
same shall thereafter constitute notice to
and be binding upon the violator and any
subsequent purchasers, successors in
interest or assigns if the violation concerns
real property, and the findings therein
shall be binding upon the violator and
any subsequent purchasers, successors
in interest or assigns if the violation
concerns real property.
(7) Payment of any civil penalty imposed by
civil judgment or county judge shall be
made to the clerk of the court, who shall
forward the monies collected to the city
manager for deposit into the city's general
fund. If a judgment has been entered for
the civil penalty, the clerk of the court
shall notify the city when the judgment
has been paid and the necessary satisfac-
tion of judgment shall be prepared and
recorded in the official records of the
county.
(8) Should the provisions of this section
conflict with any administrative order
issued by the court which sets forth the
court's procedures required for handling
code enforcement citations, the conflict-
ing provisions of the court's administra-
tive order shall prevail.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-291. Classes of violations and penal-
ties.
(a) All violations of city codes and ordinances
authorized for enforcement under this division
shall be classified and assigned civil penalties as
follows:
Violation
Civil Penalty
Class I
S100.00
Class II
$200.00
Class III
$300.00
Class IV
S500.00
(b) Any City Code or ordinance enacted
subsequent to the adoption of this division may
set forth the applicable civil penalty for viola-
tions by designating the appropriate violation
classification provided in this section.
(c) All City Code or ordinance provisions which
are subject to this division and which do not
specifically set forth an applicable civil penalty
classification shall be penalized as a class I
violation.
(Ord. No. 11-2019, § 2, 6-18-19)
DIVISION 6. CRIMINAL NUISANCE
ABATEMENT BOARD
Sec. 2-292. Purpose and intent.
Pursuant to the city's authority established in
F.S. § 893.138, the purpose of this division is to
promote, protect and improve the health, safety,
welfare and quality of life of the citizens of the
City of Cape Canaveral by creating an administra-
tive board with the authority to impose
administrative fines and other noncriminal penal-
ties in order to provide an equitable, expeditious,
effective, and inexpensive method of enforcing
the City Code under circumstances when a pend-
ing or repeated violation continues to exist.
It is the intent of this division to provide the
city with an additional and supplemental means
to abate drug, prostitution, dealing in stolen
property, and criminal street gang activities
amounting to a public nuisance. Nothing
contained herein shall preclude the city from
abating nuisances under F.S. § 60.05 or as
otherwise provided by federal, state or local law.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-293. Establishment; membership;
meetings; definitions.
(a) Criminal nuisance abatement board
established. Pursuant to F.S. § 893.138, the code
enforcement board or a separate board established
by resolution of the city council in furtherance of
implementing the intent and purpose of this
division is hereby designated and established as
the criminal nuisance abatement board and shall
act as the city's administrative board to hear
complaints regarding nuisances as provided for
in this division.
(b) Membership. Depending on how the city
council chooses to designate and establish the
board pursuant to subsection (a), the terms of
Supp. No, 28
CD2:34
ADMINISTRATION § 2-295
office of the board members shall either coincide
with the terms of office of the code enforcement
board members or the separate board's terms of
office shall be established in accordance with
section 2-171 of the City Code.
(c) Meetings. The board shall establish a
schedule of meetings as deemed necessary.
(d) Definitions. As used in this division, the
following terms shall have the following mean-
ings, unless the context clearly indicates that a
different meaning is intended:
City manager shall mean the City Manager
of Cape Canaveral or the city manager's
designee.
Controlled substance shall mean any drug,
narcotic, or other substance identified and
prohibited under F.S. ch. 893, as may be
amended, and any substance sold in lieu of a
controlled substance in violation of § 817.563
or any imitation controlled substance defined
in F.S. § 817.564.
Criminal street gang shall have the same
meaning as set forth under F.S. § 874.03, as
may be amended.
Criminal street gang activity shall mean
those activities committed by a criminal street
gang or member thereof as set forth under
[F.S.] § 874.03, as may be amended.
Dealing in stolen property shall have the
same meaning as that provided under F.S.
§ 812.019, as may be amended.
Nuisance abatement coordinator shall mean
the officer or officers of the Brevard County
Sheriffs Office or city staff person designated
by the city manager responsible for overseeing
and enforcing the provisions of this division
on behalf of the city.
Prostitution or prostitution -related activity
shall mean any act constituting a violation of
F.S. § 796.07, as may be amended.
Recording secretary for the nuisance abate-
ment board/recording secretary shall mean a
city staff member or clerk assigned to the
criminal nuisance abatement board.
Recurring criminal nuisance means any
single or multiple instance of conduct prescribed
in F.S. § 893.138, as may be amended, that
occurs during the effective term of an order
entered by the board.
Stolen property shall mean tangible,
intangible, personal or real property having
any monetary or market value and that has
been the subject of any temporary or permanent
criminal taking in violation of the laws of the
state.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-294. Powers.
The criminal nuisance abatement board shall
have the powers delineated in F.S. § 893.138,
which shall include, but not be limited to, the
following:
(a) Adopting rules for the conduct of its
hearings.
(b) Subpoenaing alleged violators and wit-
nesses to its hearings.
(c) Subpoenaing records, surveys, plats, or
other documentary evidence which
subpoenas shall be served by the police
department or sheriff.
(d) Taking testimony under oath.
(e) Issuing orders having force and effect of
law commanding whatever steps are
necessary to bring a violation into compli-
ance.
(f) Establishing and levying fines.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-295. Criminal nuisances established;
violations.
It shall be a criminal public nuisance and a
violation of this division for any place or premises,
or any part thereof, to be used or allowed to be
used:
(a) On more than two occasions within a
six-month period for prostitution or
prostitution -related activities;
Supp. No, 28 CD2:35
§ 2-295
CAPE CANAVERAL CODE
(b) On more than two occasions within a
six-month period, as the site of the unlaw-
ful sale, delivery, manufacture, or cultiva-
tion of any controlled substance;
(c) On one occasion as the site of the unlaw-
ful possession of a controlled substance,
where such possession constitutes a felony
and that has been previously used on
more than one occasion as the site of the
unlawful sale, delivery, manufacture, or
cultivation of any controlled substance;
By a criminal street gang for the purpose
of conducting a pattern of criminal street
gang activity;
On more than two occasions within a
six-month period, as the site of a viola-
tion relating to dealing in stolen property;
On two or more occasions within a six-
month period, as the site of a violation of
chapter 499, Florida Drug and Cosmetic
Act; or
(g) Any pain -management clinic, as described
in F.S. § 458.3265 or § 459.0137, which
has been used on more than two occa-
sions within a six-month period as the
site of a violation of:
(1) Sections 784.011, 784.021, 784.03,
or 784.045, Florida Statutes, relat-
ing to assault and battery;
(2) Section 810.02, Florida Statutes,
relating to burglary;
(3) Section 812.014, Florida Statutes,
relating to theft;
(4) Section 812.131, Florida Statutes,
relating to robbery by sudden snatch-
ing; or
(5) Section 893.13, Florida Statutes,
relating to the unlawful distribu-
tion of controlled substances.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-296. Enforcement procedures; notice;
hearing.
(a) Any employee, officer, or resident of the
city may file, in accordance with this section, a
written complaint alleging the existence of a
criminal nuisance. The complaint shall only be
for those nuisances enumerated in this division
and shall state facts that reasonably tend to
establish the existence of such criminal nuisance.
All complaints shall be filed with the nuisance
abatement coordinator. The nuisance abatement
coordinator shall review each complaint filed to
determine whether the facts presented establish
the requisite number of incidents or occurrences
required under this division. Where the complaint
alleges the requisite number of incidents or
occurrences to establish a nuisance under this
division, the nuisance abatement coordinator
shall forward the complaint, with any relevant
incident or arrest reports generated by the sheriff's
department substantiating such incidents or occur-
rences or evidencing new or additional incidents
or occurrences, to the city attorney.
(b) The city manager shall review all
complaints to verify the findings of the nuisance
abatement coordinator. If the city manager deems
the complaint sufficient under this division to
support a probable finding of the existence of a
criminal nuisance, the nuisance abatement
coordinator shall prepare a courtesy notice of
violation to be served, in accordance with this
section, upon the owner of the property in ques-
tion. The courtesy notice of violation shall provide
the name of the owner of the premises, the
address of the premises where the nuisance has
occurred, a brief statement describing the
incidents or occurrences which support the find-
ing of a criminal nuisance upon the premises,
and recommendations of remedial action to be
taken to abate the criminal nuisance upon the
property. The owner of the premises shall have
ten calendar days from the date of the notice to
contact the nuisance abatement coordinator to
indicate what action will be taken to abate the
nuisance upon the premises. Failure of the owner
to receive this notice of violation shall not
invalidate any further proceedings hereunder.
If a recurring criminal nuisance or emergency
situation exists, the nuisance abatement coordina-
tor shall not be required to provide a courtesy
notice of violation, but instead may prepare and
serve a statement of violation and notice of
hearing as provided below.
Supp. No. 28
CD2:36
ADMINISTRATION
(c) Should the owner or operator fail to contact
the nuisance abatement coordinator, fail to commit
to a course of action designed to abate the
nuisance upon the property, or should there be
any further incidents or occurrences which
constitute a nuisance upon the property, a hear-
ing date shall be scheduled before the board.
Such hearing shall be held no sooner than ten
calendar days after the notice of hearing is sent
to the owner of the place or premises at the
owner's last known address. The nuisance abate-
ment coordinator shall then prepare and serve
upon the owner or operator, in accordance with
this division, a statement of violation/notice of
hearing providing the following information:
(1) A statement of the time, place and nature
of the hearing;
(2) A statement of the legal authority and
jurisdiction under which the hearing is
to be held;
(3) A reference to the particular sections of
the statutes and ordinances involved;
(4) A copy of the statement of violation,
including all documentation in support
thereof; and
(d) All notices under this division shall be
hand -delivered by the Brevard County Sheriffs
Office, where practical, or where not practical or
impossible, by certified mail, return receipt
requested, to the property owner of record at the
address as it appears in the public records of the
county property appraiser's office. If the notice is
returned for any reason, then service shall be
effected by mailing the notice through regular
delivery to the address of the premises and by
posting the notice in accordance with F.S. ch.
162. Proof of service shall be by written declara-
tion indicating the date, time, and manner in
which service was made.
(e) The city manager may negotiate stipulated
settlement agreements with a property owner to
facilitate the abatement of a criminal nuisance.
All stipulated agreements shall be reviewed and
approved by the nuisance abatement coordinator
and board prior to being effective. The board
shall approve all settlement agreements by writ-
ten order.
§ 2-296
(f) At the hearing, the nuisance abatement
coordinator shall present evidence before the
board on behalf of the city and has the burden to
prove the existence of a criminal nuisance by
substantial and competent evidence. The board
may consider any evidence, regarding the activi-
ties alleged in the statement of violation and
occurring about the place or premises, and the
owner(s) of the place or premises shall have the
opportunity to appear before the board, in person
and/or through legal counsel, to present evidence
in defense or in mitigation against the complaint,
conduct cross-examination, submit rebuttal
evidence, and make brief opening and/or closing
statements. Irrelevant, immaterial or unduly
repetitive evidence shall be excluded. All
testimony shall be taken under oath and shall be
recorded. Any member of the board, or counsel to
the board, may inquire of any witness testifying
before the board. The board shall take testimony
of such witnesses as may be called by the
respective sides. Formal rules of evidence shall
not apply, but fundamental due process shall be
observed and govern said proceedings. In addi-
tion, the board may consider testimony and
evidence relating to the general reputation of the
place or premises; and
The board may proceed with a hearing in absentia
on the merits of an alleged criminal nuisance
against any property owner who has been properly
noticed under this division and has failed to
appear. Any findings or orders entered by the
board are valid and binding upon each Respondent
who has been properly noticed.
The board, in its discretion, may continue a
hearing to receive additional evidence, testimony,
or for any other reason the board deems appropri-
ate.
(g) At the conclusion of the hearing, the board
shall issue findings of fact based on evidence in
the record and conclusions of law, and shall issue
an order affording the proper relief consistent
with the powers granted by Florida Statutes and
by this section. The order shall be stated orally
at the meeting and shall be reduced to writing
and mailed to the alleged violator within ten
calendar days after the hearing.
Supp. No. 28 CD2:37
§ 2-296
CAPE CANAVERAL CODE
(h) If the board declares a place or premises
to be a criminal nuisance, it may enter an order
immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place
or premises;
(3) The conduct, operation, or maintenance
of any business or activity on the premises
which is conducive to such nuisance; or
(4) May impose any other measures or condi-
tions the board deems appropriate to
abate a criminal nuisance.
(i) This subsection does not restrict the right
of any person, including the city, to proceed
under F.S. § 60.05 against any public nuisance.
(j) If the city proves the existence of a criminal
nuisance or recurring criminal nuisance before
the board, the city, as the prevailing party, shall
be entitled to recover its reasonable fees and
costs associated with the investigation, hearing
and prosecution on the criminal nuisance through
all appellate proceedings, including attorney's
fees and the costs of recording any order, notice
or agreement.
(k) An order of the board shall expire not
more than one year, or at such earlier time
designated in the order, after entry of the order
by the board. The order may include deadlines or
other notice for requiring compliance by a certain
date and that a fine may be imposed in accordance
with this division.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-297. Penalties; fines; liens; record-
ing.
(a) The city manager shall, upon notification
by the recording secretary that an affidavit of
noncompliance has been filed by the nuisance
abatement coordinator reflecting that a previous
order of the board has not been complied with,
schedule a hearing before the board. Upon
evidence establishing that noncompliance exists,
the board shall enter an order imposing condi-
tions and any other measures to abate the
criminal nuisance as provided by this division,
including the imposition of a fine.
(b) A fine imposed pursuant to this section
shall not exceed 8250.00 per day for a first
occurrence of a criminal nuisance and shall not
exceed $500.00 per day for a recurring criminal
nuisance. In addition to the fine, the violator
shall also provide for the payment of reasonable
costs, including reasonable attorney fees associ-
ated with investigations of and hearings on
public nuisances, as reasonably determined by
the board. However, total fines imposed in any
action brought pursuant to this division shall not
exceed $15,000.00. In determining the amount of
the fine, if any, the board shall consider the
following factors:
(1) The gravity of the criminal nuisance;
(2) Any actions taken by the owner to cor-
rect the criminal nuisance; and
(3) Any previous nuisances maintained or
permitted by the owner.
(c) A certified copy of an order imposing a fine
may be recorded in the public records of the
county, and thereafter shall constitute a lien
against the land on which the violation exists
and upon any other real or personal property
owned by the owner. Upon petition to the circuit
court, such order may be enforced in the same
manner as a court judgment by the sheriffs of
this state, including levy against personal
property, but such order shall not be deemed to
be a court judgment except for enforcement
purposes. A fine imposed pursuant to this divi-
sion shall continue to accrue until the owner
comes into compliance or until the judgment is
rendered in a suit to foreclose on a lien filed
pursuant to this section, whichever occurs first.
A lien arising from a fine imposed pursuant to
this section runs in favor of the city, and the city
may execute a satisfaction or release of a lien in
the same manner as provided under section
2-260, or may otherwise seek to foreclose on the
lien. However, where the nuisance abatement
action is based on a stolen property nuisance,
and is brought against a property owner operat-
ing an establishment where multiple tenants, on
one site, conduct their own retail businesses, the
property owner shall not be subject to a lien
against the owner's property or the prohibition
of operation provision if the property owner
Supp. No. 28 CD2:38
ADMINISTRATION
elects to evict the business declared to be a
nuisance within 90 calendar days after notifica-
tion by registered mail to the property owner of a
second stolen property conviction of the tenant.
Any lien recorded against real property may be
foreclosed by the city and the owner of such real
property shall be liable for all costs, including a
reasonable attorney's fee, associated with the
recording of all orders and foreclosure.
(d) The board may further bring a complaint
pursuant to F.S. § 60.05, seeking a permanent
injunction against any nuisance as described in
this division. This section does not restrict the
right of any person to proceed under F.S. § 60.05,
against any criminal nuisance.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-298. Appeal.
A party aggrieved by a final administrative
order of the board shall have the right to appeal
said order to a court of' competent jurisdiction,
pursuant to the rules of procedure of the court.
(Ord. No. 11-2019, § 2, 6-18-19)
Sec. 2-299. Reserved.
ARTICLE VII. TRAVEL
REIMEUR,SEMENT POLICIES AND
PROCEDURES
Sec. 2-300. Reimbursement policy and
procedures for official travel.
(a) Purpose. It is the intent of this section to
regulate official travel expenses of city officers,
employees, and other authorized persons, as
defined in F.S. § 166.021. It isalso the intent of
this section that the provisions of F.S. § 112.061,
pertaining to municipalities, and any amend-
ments, additions, or modifications to such provi-
sions, shall be incorporated herein by reference,
to the extent this section does not address a
subject matter that is addressed in F.S. § 112.061,
and that the provisions contained in this section
shall be supplemental and in addition to the
provisions of F.S. § 112.061. In the event of any
conflict between this section and F.S. § 112.061,
this section, in accordance with F.S. § 166.021,
shall prevail.
§ 2-300
(b) Definitions. For purposes of this article,
the following teruis shall have the meanings
indicated:
(1) Officer or public officer. An individual
who, in performance of his/her official
duties is vested by law with sovereign
powers of government, who is elected by
the people (mayor and city council).
(2) Employee or public employee. The city
manager or an individual, whether com-
missioned or not, other than an officer or
authorized person as defined herein, who
is filling a regular or full-time authorized
position and is responsible to the city
manager.
(3) Authorized person.
(A) A person, other than a public officer
or employee, as defined herein,
whether elected or commissioned or
not, who is authorized by the city
manager or city council to incur
travel expenses in the performance
of his official duties; or
(B) A person who is called upon the city
to contribute time and services as
consultant or adviser.
(4) Traveler. A public officer, public employee,
or authorized person, when performing
authorized travel.
(5) Travel expense. The usual, ordinary and
incidental expenditures necessarily
incurred by a traveler.
(6) Common carrier. Train, bus, commercial
airline operating scheduled flights, or
rental cars of an established rental car
firm.
(c) Authority to incur travel expenses.
(1) All travel of public employees must be
authorized and approved by the depart-
ment head and city manager. Multiday
travel of the city manager or a public
officer must be approved by the city
council.
Supp. No. 28 CD2:39
§ 2-300
(2)
CAPE CANAVERAL CODE
Day trips may be authorized by the
department head without approval of the
city manager.
(3) The city shall not authorize or approve
such a request of a public employee
unless it is accompanied by a signed
statement listing the purpose of such
travel, the dates and expenses involved,
and a copy of the travel itinerary attached.
(4) Travel expenses of travelers shall be
limited to those expenses necessarily
incurred by them in the perfoimance of a
public purpose authorized by law to be
performed by the city and must be within
the limitations prescribed by this policy.
(d) Computation of travel time for reimburse-
ment. For purposes of reimbursement and methods
of calculating fractional days of travel, the fol-
lowing principles are prescribed:
(1) Travel categories. The following travel
categories are prescribed:
Class A. Continuous travel of 24 hours
(or more) away from the city.
Class B. Continuous travel of less than
24 hours with an overnight absence
from the city.
Class C. Travel for short or day trips
when the traveler is not away from
the city overnight.
(2) Travel reimbursements. Reimbursements
shall be made according to the following
schedule:
(A) Meals for class B and class C shall
be reimbursed for travel which:
Begins before 6:00 a.m. and
extends beyond 8:00 a.m., $8.00
for breakfast; or
Begins before 12:00 noon and
extends beyond 2:00 p.m.,
810.00 for lunch; or
Begins before 6:00 p.m. and
extends beyond 8:00 p.m. or
when travel occurs during
nighttime hours due to special
assignment, $18.00 for dinner.
(B) Meals for class A travel shall be
authorized up to a maximum of
$36.00 per day in lieu of individual
meal allowance rates.
(C) When a traveler attends an event
on the city's behalf and the fixed
price of the meal exceeds the per
meal allowance, the traveler shall
be reimbursed the actual cost of the
meal as authorized by the city
manager.
(D) Receipts shall not be required for
meals on authorized overnight travel.
(E) No traveler shall be reimbursed for
meals gratuitously provided by
another party.
(F) No traveler shall be reimbursed for
meals when travel is confined to the
city or immediate vicinity, except as
authorized by the city manager.
(G) Reimbursement for overnight travel
shall be for actual lodging expenses
at the single occupancy rate, to be
substantiated by paid receipts.
(H) Lodging will be reimbursed for out
of county, multiday activities.
(I) No sales tax shall be reimbursable
to any person, unless the city is also
required by law to pay such tax.
(J) Items specifically disallowed for
reimbursement purposes:
(i) Alcoholic beverages;
(ii) Entertainment;
(iii) Any expenses incurred by
dependents;
(iv) Attendance at political rallies;
and
(v) Travel for the specific purpose
of promoting the candidacy of
an individual for public office.
(K) Other reimbursable expenses:
(i) Toll charges;
(ii) Taxi fares;
(iii) Parking and storage fees;
(iv) Fuel for city vehicle;
Supp. No. 28 CD2:40
ADMINISTRATION
(v) Common carrier transporta-
tion —When required. (Must be
approved by the city manager);
(vi) Valet parking —When neces-
sary;
(vii) Convention registration fees;
and
(viii) Baggage handling at $0.50 per
bag up to $2.00 upon arrival
and departure.
(e) Transportation.
(1) In no circumstance shall the city vehicle
be used for purposes other than authorized
official travel.
(2) All travel must be a usually traveled
route. The city manager shall designate
the most economical method of travel for
each trip.
(3) All employees should utilize municipal
vehicles when traveling on official busi-
ness. This requirement insures adequate
liability coverage in the event of an
accident or injury. In those instances
when a city vehicle is not available, and
with the prior approval of the depart-
ment head and the city manager, the use
of privately owned vehicles may be
authorized. Whenever travel is by
privately owned vehicles, the traveler
shall be entitled to a mileage reimburse-
ment at the "standard mileage rate." The
standard mileage rate is set annually by
the Internal Revenue Service. All mile-
age shall be from point of origin to point
of destination.
(4) Travel reservation for official travel on a
common carrier shall be made through
the city's purchasing division, or other
group or individual designated by the
city manager to coordinate travel reserva-
tions. The purchasing division shall insure
that travel is cost-effective and pursuant
to all procurement procedures adopted
by the city.
(f) Fraudulent claims. Any individual receiv-
ing an allowance or reimbursement by means of
a false claim shall be liable for the amount of the
§ 2-300
overpayment, plus interest at a rate equal to the
average rate currently received on investments
and may be subject to termination or disciplin-
ary action as provided by the City Charter,
personnel policy or any other applicable policy or
law adopted by the city council.
(g) Standard procedures.
(1) Travel voucher. Travel expense reports,
on a form prescribed by the city manager,
shall be submitted by all individuals
performing official travel within ten work-
ing days of the individual's return. Each
approved travel expense report will be
audited when received. Individuals
requesting reimbursement are responsible
for mathematical computation. Any report
which is not approved or properly
prepared, or is prepared in such a way as
to be unauditable, will be returned for
resubmission. Travel authorization and
all required receipts must be submitted
with the expense report in order to claim
a reimbursement.
(2) Travel advances.
(A) Travel advances for overnight travel
must be requested at least two weeks
in advance of the departure. An
explanation as to the reason for
travel, the amount of money and
correct account to be charged must
be indicated on the request.
(B) No travel advances will be made for
class C travel. Due to tax implica-
tions, reimbursement will be made
to the employee in the payroll fol-
lowing submission of approved
expense report.
(C) Any unused portion of money
advanced to a traveler shall be repaid
immediately upon the return of the
traveler. Any unused advance money
not repaid within 15 calendar days
after return of the traveler shall
accrue interest at the average rate
currently received on city invest-
ments. Any city employee not repay-
ing any unused portion of a travel
expense advance within 30 days
Supp. No. 28 CD2:41
§ 2-300 CAPE CANAVERAL CODE
after his/her return will have his/
her salary withheld by the city until
repayment is made.
(D) In instances where a trip should
arise for a member of the city council
that does not provide ample notice
to the council at a public meeting,
then, with a minimum of 24 hours'
notice, the traveler shall request
the city manager to send a memo to
the mayor, each council member,
city attorney and city clerk advising
them of the trip, departure date,
justification and return date. At the
first regular city council meeting
after return from an official trip,
the council member shall make a
verbal report to the council on the
text of the trip.
(Ord. No. 38-2003, 10-21-03)
Supp. No. 28 CD2:42
ANIMALS § 14-51
ARTICLE I. IN GENERAL
Sec. 14-1. Penalty.
Any person convicted of a violation of this
chapter shall be punished as provided in section
1-15.
(Code 1981, § 701.07)
Sec. 14-2. Designation of bird sanctuary.
(a) The entire area embraced within the
corporate limits of the city is designated as a bird
sanctuary.
(b) It shall be unlawful to trap, shoot, hunt or
attempt to shoot or molest in any manner any
bird or wild fowl or to rob bird nests or wild fowl
nests.
(Code 1981, §§ 655.01, 655.02)
Sec. 14-3. Bees and beehives prohibited.
The raising of bees or maintenance of beehives
within the city limits is prohibited.
(Code 1981, § 701.06)
Secs. 14-4 14-25. Reserved.
ARTICLE II. COUNTY ANIMAL CONTROL
ORDINANCE
Sec. 14-26. Adopted.
The county animal control ordinance, as
amended, is adopted by reference as though it
was copied in this article fully.
(Code 1981, § 701.01)
Sec. 14-27. Animal control officer.
Wherever the term "animal control officer" is
used in the county animal control ordinance, it
shall be construed to mean the person appointed
by, contracted with or employed by the board of
county commissioners or by the city to carry out
the duties and enforcement of this article.
(Code 1981, § 701.03)
Sec. 14-28. Animals prohibited in parks and
on beaches.
(a) No animal shall be allowed in any public
park or on any beach in the city, unless a specific
park or beach area is designated as an area
where animals shall be permitted. Such designa-
tion shall be by resolution adopted by the city
council. Parks and beach areas so designated
shall be properly identified and posted.
(b) Any animal found in a park or on a beach
not designated for such shall be deemed in
violation of this article, and the owner thereof
shall be punished by issuance of a citation by the
animal control officer or a law enforcement
officer with jurisdiction in the city. Such citation
shall result in a fine of $35.00. Failure to pay the
fine within ten days of issuance of the citation
shall result in the citation being transferred to
the state attorney's office and shall be considered
for punishment as provided in section 1-15.
(c) Dogs trained to assist or aid disabled or
handicapped persons, when such dogs are actu-
ally being used to assist or aid such persons,
shall not be prohibited from any park or beach.
(Code 1981, § 701.05)
Secs. 14-29-14-50. Reserved.
ARTICLE III. SEA TURTLES*
Sec. 14-51. Purpose and scope.
(a) The purpose of this article is to protect the
endangered and threatened sea turtles which
nest along the Atlantic Ocean beaches in the city
by safeguarding the nesting sea turtles and sea
turtle hatchlings from sources of artificial light
on the beaches within the jurisdictional boundar-
ies as defined by this article.
(b) The scope of this article shall be limited to
that area defined in this article as the
jurisdictional boundary.
(Code 1981, § 659.01)
*Cross references —Environment, ch. 34; parks and
recreation areas, ch. 54; streets, sidewalks and other public
places, ch. 66; waterways, ch. 106.
State law reference Sea turtles, F.S. §§ 161.053,
161.142, 161.161, 161.163, 370.12.
Supp. No. 28 CD14:3
§ 14-52
Sec. 14-52. Definitions.
CAPE CANAVERAL CODE
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Administrator means the city manager or his
designee who is responsible for administering
this article.
Artificial lighting or illumination means light
emanating from a manmade device, which includes
at least one lamp.
Beach means that area of unconsolidated mate-
rial that extends landward from the mean low-
water line to the place where there is marked
change in material or physiographic form or to
the line of peiuianent vegetation, usually the
effective limit of storm waves, as is defined in
chapter 16B-33, Florida Administrative Code.
Footcandle means a measure of light intensity
equal to one lumen per square foot.
Hatchling means any species of sea turtle,
within or outside of a nest, which has recently
hatched from an egg.
Jurisdictional boundary means the area of the
beach and land extending landward from the
beach along land adjacent to the Atlantic Ocean.
Lamp means a manmade device emanating
light, including but not limited to incandescent,
tungsten -iodine (quartz), mercury vapor,
fluorescent, metal halide, neon, high-pressure
sodium and low-pressure sodium.
Low -profile lighting means a light fixture
which places the source of light no higher than
48 inches off the ground and which is designed in
such a way that light is directed downward from
a hooded light source.
Mechanical raking means the act of raking
the beach with a motor -powered vehicle and a
rake with prongs that are greater than three
inches long or what may be allowed by the state
department of environmental protection follow-
ing a storm.
New development means new construction and
remodeling of existing structures when such
remodeling includes the alteration of exterior
lighting.
Photometrics means charts, which are normally
provided with lighting sales literature, that
describe the characteristics of the illumination
cast by the lamps discussed in that literature.
Post -emergent hatchling means a hatchling
sea turtle that has successfully emerged from its
incubation site and must traverse the open
beach and surf.
Sea turtle means any species of marine turtle,
including Caretta caretta (loggerhead turtle),
Chelonia mydas (green turtle), and Dermochelys
coriacea (leatherback turtle), using county beaches
as a nesting habitat.
(Code 1981, § 659.03)
Cross reference Definitions and rules of construction
generally, § 1-2.
Sec. 14-53. Enforcement and penalty.
If the administrator shall find that any of the
sections of this article are being violated, he
shall notify the property owner or occupant of
such violations, in writing, indicating the nature
of the violation and ordering, any action neces-
sary to correct it. Any person found guilty of
violating any of the sections of this article after a
first written warning shall be punished in
accordance with section 1-15. In addition to any
other remedies, whether civil or criminal, viola-
tions of this article may be enforced by the
special magistrate or code enforcement board
and may be restrained by injunction, including a
mandatory injunction, and otherwise abated in
any manner provided by law.
(Code 1981, § 659.15; Ord. No. 11-2019, § 3,
6-18-19)
Sec. 14-54. Exemptions.
(a) Under this article, bona fide research or
patrol vehicles may operate at night with no
more artificial lighting than reasonably neces-
sary for safe operation on the city beaches;
provided, however, the operators of such vehicles
Supp. No. 28
CD14:4
ANIMALS
are authorized permittees of the state Depart-
ment of Environmental Protection or law enforce-
ment officers.
(b) During the nonnesting season (November
1 through April 30 of each year) temporary
lighting may occur.
(c) Temporary lighting utilized by public service
agencies for emergency repairs may occur.
(d) In the aftermath of a natural event, such
as a major storm or red tide, mechanical raking
may occur if the beach area affected has been a
part of a sea turtle monitoring program and a
bona fide research agency, with a state depart-
ment of environmental protection turtle permit,
has certified that mechanical raking will not
disturb any identified sea turtle nest and a copy
of the required state department of environmental
protection field permit, for mechanical raking,
has been filed with and approved by the county
division of codes and building services or its
successor.
(e) Administrative exemption procedures shall
be as follows:
(1) It is the policy of the city to minimize
artificial light illuminating within the
jurisdictional boundaries of this article
to reduce artificial light on the beaches.
However, the city recognizes that the
protection of sea turtles must be bal-
anced with health, safety and welfare
interests of persons which may warrant
more light or additional beach activity
along some beaches. In recognition of the
need to balance the interests of the sea
turtles with interests of public safety, the
administrator shall have the authority to
exempt any lighting or activities affected
by this article from any or all sections of
this article upon written application in
accordance with subsection (e)(3) of this
section.
(2) In reaching a decision on a written
application for exemption, the administra-
tor shall consider the following:
a. It is determined there will be no
significant adverse effect upon the
surrounding lands and waters.
§ 14-55
b. It is determined there will be no
significant adverse effect upon the
environmental quality of the area.
c. It is determined public safety will
be adversely affected to a significant
degree should the exemption not be
granted.
d. The exemption, if granted, is the
minimum exemption that will make
possible reasonable protection of both
the sea turtles and the public safety
concerns.
(3) Application for exemption under this
subsection shall be made in writing on a
form provided by the administrator and
shall include the following:
a. A plan which shall depict the site,
location of all buildings or structures
on the site and location of all light-
ing on the site.
b. The nature of the exemption
requested.
c. Written reasons why the exemption
should be approved.
d. Any additional necessary or
appropriate items which the
administrator may require.
(4) If the administrator denies the exemp-
tion, the applicant may file an appeal of
the administrator's written decision with
the city council.
(Code 1981, § 659.13)
Sec. 14-55. New development.
(a) It is the policy of the city to minimize
artificial light illuminating within the
jurisdictional boundaries of this article to reduce
artificial light on the beaches. To meet this
intent, building and electrical plans associated
with parking lots, dune walkovers or other outdoor
lighting for development of real property within
the jurisdictional boundaries shall be in compli-
ance with the following:
(1) Except as set forth in subsection (a)(2) of
this section, no more than 0.5 footcandles
of artificial illumination shall be cast
Supp. No. 28 CD14:5
§ 14-55 CAPE CANA
upon the beach. Appropriate techniques
for reducing artificial illumination include
but are not limited to fitting lights with
hoods or shields, screening artificial light
with vegetation or other devices, direct-
ing light away from beach area, utilizing
low -profile lighting and lowering the light
intensity of the lamps.
(2) No more than two footcandles of artificial
illumination shall be cast upon the beach
when the spectral distribution of the
light bandwidths is between 560 and 620
nanometers. Commercially available light-
ing that satisfies the spectral criteria
include low-pressure sodium lamps.
(3) No lamp shall be directly visible from the
beach. The use of opaque materials for
screening and hooding the lamps are
techniques which may be used to limit
visibility from the beach.
(4) Parking lots where vehicle headlights
may cast light onto the beach so as to be
in violation of this article shall be screened
to eliminate excess light on the beach.
(5) At the time building and electrical plans
are submitted for public review, appropri-
ate photometrics of the artificial lighting
used shall be provided by the applicant.
Photometrics shall include horizontal
isolux charts and spectral distribution
charts if appropriate.
(b) This article shall not apply to any structure
for which a building permit or development
order has been issued prior to the effective date
of the ordinance from which this section is
derived.
(Code 1981, § 659.05)
Cross reference —Lights, § 34-206 et seq.
Sec. 14-56. Existing development.
It is the policy of the city to minimize artificial
light illuminating within the jurisdictional
boundaries of this article to reduce artificial
light on the beaches. To meet this intent, light-
ing of all structures which illuminate the beach
shall be in compliance with the following:
(1) Artificial lighting shall conform to sec-
tion 14-55(a); or
CODE
(2) Artificial lighting used to illuminate build-
ings and grounds which directly or by
refraction or reflection illuminates the
beach above the levels established in
section 14-55 shall be turned off from
9:00 p.m. until 7:00 a.m. every day during
the period of May 1 to October 31 of each
year. Automatic timers may be used to
provide consistent compliance.
(Code 1981, § 659.07)
Sec. 14-57. Publicly owned lighting.
Streetlights and lighting at parks and other
publicly owned beach access areas within the
jurisdictional boundaries of this article shall be
subject to the following:
(1) All new and replaced lamps shall not be
directly visible from the beach.
(2) Artificial lighting at parks or other public
beach access points shall conform to sec-
tion 14-55(a).
(3) Artificial lighting used to illuminate build-
ings and grounds which directly or by
refraction or reflection illuminates the
beach above the levels established in
section 14-55(a) shall be turned off from
9:00 p.m. until 7:00 a.m. every day during
the period of May 1 to October 31 of each
year. Automatic timers may be used to
provide consistent compliance.
(Code 1981, § 659.09)
Sec. 14-58. Beach activities.
(a) Fires, although otherwise restricted on,
over, or upon the city's beaches in chapter 54,
shall be prohibited within the jurisdictional
boundaries of this article when such fires are
visible from the beach from 9:00 p.m. until 7:00
a.m. during the period of May 1 to October 31 of
each year.
(b) Mechanical raking of the beach within the
jurisdictional boundaries of this article shall be
prohibited during the period of May 1 to October
31 of each year, except as exempted under sec-
tion 14-54(d).
(Code 1981, § 659.11; Ord. No. 01-2003, § 2,
1-21-03)
Supp. No. 28 CD14:6
EMERGENCY SERVICES § 30-39
lowing the hearing, the hearing officer shall
make written findings in support of the officer's
decision to overturn and or uphold the action
appealed.
(d) Where the hearing officer upholds the
decision to disconnect or deactivate an alarm
system or affirms the assessment of fees, the
owner shall have five days following receipt of
the written decision within which to comply with
the order.
(e) The appeal of an order to disconnect or
deactivate an alarm system or for the assess-
ment of a fee shall suspend the effective date of
the order until the city manager has acted upon
the appeal.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-34. Failure to disconnect or
unauthorized re -connection of
the alarm system.
It shall be a violation of this article for any
person to fail to disconnect or deactivate an
alarm system which has been ordered discon-
nected or deactivated, including those situations
in which the hearing officer has affirmed the
order to disconnect or deactivate. It shall be a
violation of this article for any person to recon-
nect an alarm system which has been discon-
nected or deactivated pursuant to the order of
the city, unless the reconnection of the alarm
system is authorized pursuant to the City Code.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-35. Penalty and enforcement.
Any person who violates any provision of this
article shall be guilty of an offense against the
city and shall be punished as provided in section
1-15 of the City Code. The provisions of this
article may be enforced either by prosecution as
a misdemeanor through the state attorney's
office for Brevard County, Florida, or through
the powers and jurisdiction of the city special
magistrate or code enforcement board, or by any
other legal or equitable form of action.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03; Ord. No,
11-2019, § 3, 6-18-19)
Sec. 30-36. Reconnection of alarm systems.
The fire department and the law enforcement
services shall have the right to inspect the alarm
system and test same prior to rescinding the
order to disconnect or deactivate. Before any
reconnection of an alarm system and after the
order to disconnect such system, a reconnection
fee of $25.00 shall be assessed.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-37. Automatic telephone direct dial-
ing device or digital alarm com-
municator system.
(a) It shall be unlawful for any person to
install, maintain, operate or use any automatic
telephone direct dialing device or digital alarm
communicator system within the city unless the
system is currently approved by the Federal
Communications Commission (FCC), and has
been approved by emergency services, unless
otherwise required by law.
(b) Any person who violates the provisions of
this section shall be penalized as the provided
for in section 1-15 of the City Code.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-38. Audible sound systems.
All new or existing audible sound systems
shall sound no longer than five minutes for
residential and ten minutes for businesses, unless
otherwise required by the Underwriter's
Laboratories or law.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-39. Alarm systems operations.
The city, its officers, employees and agents,
shall not assume any duty or responsibility for
the installation, maintenance, operation, repair
or effectiveness of any privately owned alarm
system, those duties or responsibilities being
solely those of the owner of the premises. No
person shall reset or render an activated fire
alarm system inoperative unless by direction of
the fire department.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Supp. No. 28 CD30:7
Chapter 34
ENVIRONMENT*
Article I. In General
Secs. 34-1-34-25. Reserved.
Article ll. Litter
Division 1. Generally
Sec. 34-26. Definitions.
Sec. 34-27. Reserved.
Sec. 34-28. Unlawful disposal.
Sec. 34-29. Litter in public places.
Sec. 34-30. Placement in receptacles.
Sec. 34-31. Sweeping into gutters prohibited.
Sec. 34-32. Merchant's duty to keep sidewalks free of litter.
Sec. 34-33. Throwing by person in vehicle.
Sec. 34-34. Truck loads.
Sec. 34-35. Dropping from aircraft.
Sec. 34-36. Throwing in river or other body of water.
Sec. 34-37. Depositing on occupied private property.
Sec. 34-38. Owner's maintenance of premises.
Sec. 34-39. Depositing on vacant lots.
Sec. 34-40. Posting notices prohibited.
Sec. 34-41. Burial of trash, rubble or other debris.
Sec. 34-42. Enforcement.
Sec. 34-43. Abatement; assessment.
Secs. 34-44-34-50. Reserved.
Division 2. Handbills
Sec. 34-51. Throwing or distributing in public places.
Sec. 34-52. Placing on vehicles.
Sec. 34-53. Depositing on uninhabited or vacant premises.
Sec. 34-54. Distribution prohibited where properly posted.
Sec. 34-55. Distribution at inhabited private premises.
Secs. 34-56-34-65. Reserved.
Division 3. Reserved
Sec. 34-66. Reserved.
Sec. 34-67. Reserved.
Sec. 34-68. Reserved.
Sec. 34-69. Reserved
Secs. 34-70-34-90. Reserved.
Article IH. Property Maintenance Standards
Sec. 34-91. Definitions.
Sec. 34-92. Authority.
Sec. 34-93. Scope.
*Cross references -Regulations regarding sea turtles, § 14-51 et seq.; planning, ch. 58; solid waste, ch. 62; streets,
sidewalks and other public places, ch. 66; traffic and vehicles, ch. 74; utilities, ch. 78; buildings and building regulations, ch. 82;
vegetation, ch. 102; waterways, ch. 106; zoning, ch. 110; landscaping and vegetation, § 110-566.
Supp. No. 28 CD34:1
CAPE CANAVERAL CODE
Sec. 34-94. Purpose.
Sec. 34-95. Enforcement.
Sec. 34-96. Standards established.
Sec. 34-97. Duties and responsibilities for maintenance.
Sec. 34-98. Building appearance and maintenance.
Sec. 34-99. Landscape appearance and maintenance.
Sec. 34-100. Sign appearance and maintenance.
Secs. 34-101-34-120. Reserved.
Article IV. Weeds and Dead Vegetation
Sec. 34-121. Intent.
Sec. 34-122. Public nuisances prohibited.
Sec. 34-123. Notice to remedy nuisance.
Sec. 34-124. Reserved.
Sec. 34-125. Reserved.
Sec. 34-126. Remedy by city.
Sec. 34-127. Records.
Secs. 34-128-34-150. Reserved.
Article V. Noise
Sec. 34-151. Declaration of policy to prohibit noise.
Sec. 34-152. Reserved.
Sec. 34-153. Enumeration of prohibited noises.
Sec. 34-154. Construction noise.
Secs. 34-155-34-175. Reserved.
Article VI. Abandoned Property
Sec. 34-176. Definitions.
Sec. 34-177. Entry upon private property authorized.
Sec. 34-178, Penalty.
Sec. 34-179. Additional remedies.
Sec. 34-180. Property abandoned or lost on public property,
Sec. 34-181. Storing, parking or leaving on private property.
Sec. 34-182. Notice to abate.
Sec. 34-183. Special magistrate or code enforcement board hearing procedures.
Sec. 34-184. Compliance with notice or order to remove; removal by city upon
noncompliance.
Sec. 34-185. Notification of owner following removal by city.
Sec. 34-186. Disposition of property removed by city.
Sec. 34-187. Redemption prior to sale by city
Sec. 34-188. Liability of owner for towing, storage expenses; collection of lien
on private property.
Secs. 34-189-34-205. Reserved.
Article VII. Lights
Sec. 34-206. Definitions.
Sec. 34-207. Policy established.
Sec. 34-208. Reserved.
Sec, 34-209. Spillover lighting standards established.
Sec. 34-210. Exceptions.
Sec. 34-211. Method of measurement.
Appendix A
Supp. No, 28 CD34:2
ENVIRONMENT § 34-50
Cross reference —Trucks, § 74-26 et seq.
State law reference —Similar provisions, F.S. § 316.195.
Sec. 34-35. Dropping from aircraft.
No person in an aircraft shall throw out, drop
or deposit within the city any litter, handbill or
any other object.
(Code 1981, § 675.08)
Sec. 34-36. Throwing in river or other body
of water.
No person shall throw or deposit litter in any
river or any other body of water in a park or
elsewhere within the city.
(Code 1981, § 675.09)
Cross reference —Waterways, ch. 106.
Sec. 34-37. Depositing on occupied private
property.
No person shall throw or deposit litter on any
occupied private property within the city, whether
owned by such person or not, except that the
owner or person in control of private property
may maintain authorized private receptacles for
collection in such a manner that litter will be
prevented from being carried or deposited by the
elements upon any public place or upon any
private property.
(Code 1981, § 675.10)
Sec. 34-38. Owner's maintenance of
premises.
The owner or person in control of any private
property shall at all times maintain the premises
free of litter. However, this section shall not
prohibit the storage of litter in authorized private
receptacles for collection.
(Code 1981, § 675.11)
Sec. 34-39. Depositing on vacant lots.
No person shall throw or deposit litter on any
open or vacant private property within the city,
whether owned by such person or not.
(Code 1981, § 675.12)
Sec. 34-40. Posting notices prohibited.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the
attention of the public, to any lamppost, public
utility pole or shade tree or upon any public
structure or building, except as may be authorized
or required by law.
(Code 1981, § 675.18)
Sec. 34-41. Burial of trash,
debris.
The burial of trash, rubble
the city is prohibited.
(Code 1981, § 675.19; Ord. No.
rubble or other
or debris within
6-92, § 3, 5-5-92)
Sec. 34-42. Enforcement.
The terms of this article shall be enforced in
accordance with the provisions of Chapter 2,
Article VI, of the City Code of Ordinances,
entitled Code Enforcement, and F.S. Ch. 162.
(Ord. No. 24-2003, § 2, 9-2-03)
Sec. 34-43. Abatement; assessment.
Under this division, if a property owner does
not comply with the notice of violation and
corresponding order of the city special magistrate
or code enforcement board within the time speci-
fied, the city may remove the litter or cause the
litter to be removed. The city may charge or
assess the property and owner with the actual
cost of labor performed, materials furnished and
disposal fees. Such amounts shall constitute an
indebtedness of the owner of the property to the
city and shall constitute a lien against the
property which shall be superior in dignity to all
other liens, except liens for state, county, and
city taxes and liens for special assessments for
public improvements.
(Ord. No. 24-2003, § 2, 9-2-03; Ord. No. 11-2019,
§ 3, 6-18-19)
Secs. 34-44-34-50. Reserved.
Supp. No. 28 CD34:5
§ 34-51
DIVISION 2. HANDBILLS
CAPE CANAVERAL CODE
Sec. 34-51. Throwing or distributing in
public places.
No person shall throw or deposit any com-
mercial or noncommercial handbill in or upon
any public place within the city. No person shall
hand out or distribute or sell any commercial
handbill in any public place. However, it shall
not be unlawful on any public place within the
city for any person to hand out or distribute,
without charge to the receiver thereof, any
noncommercial handbill to any person willing to
accept it.
(Code 1981, § 675.13)
Sec. 34-52. Placing on vehicles.
No person shall throw or deposit any com-
mercial or noncommercial handbill in or upon
any vehicle. However, it shall not be unlawful in
any public place for a person to handout or
distribute, without charge to the receiver thereof,
a noncommercial handbill to any occupant of a
vehicle who is willing to accept it.
(Code 1981, § 675.14)
Sec. 34-53. Depositing on uninhabited or
vacant premises.
No person shall throw or deposit any com-
mercial or noncommercial handbill in or upon
any private premises which are temporarily or
continuously uninhabited or vacant.
(Code 1981, § 675.15)
Sec. 34-54. Distribution prohibited where
properly posted.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon
any private premises if requested by anyone
thereon not to do so or if there is placed on the
premises in a conspicuous position near the
entrance thereof a sign bearing the terms, "no
trespassing," "no peddlers or agents," "no
advertisements" or any similar notice indicating
in any manner that the occupants of the premises
do not desire to be molested or have their right of
privacy disturbed or to have any such handbills
left upon such premises.
(Code 1981, § 675.16)
Sec. 34-55. Distribution at inhabited private
premises.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill in or
upon private premises which are inhabited, except
by handing or transmitting any such handbill
directly to the owner, occupant or other person
present in or upon such private premises.
However, if the inhabited private premises are
not posted, as provided in this division, such
person, unless requested by anyone upon such
premises not to do so, shall have the authority to
place or deposit any such handbill in or upon
such inhabited private premises, if such handbill
is so placed or deposited as to secure or prevent
such handbill from being blown or drifted about
such premises or public places and except that
mailboxes may not be so used when prohibited
by federal postal law or regulations. This section
shall not apply to the distribution of mail by the
United States or to newspapers.
(Code 1981, § 675.17)
Secs. 34-56-34-65. Reserved.
DIVISION 3. RESERVED*
Secs. 34-66 34-90. Reserved.
*Editor's note —Ord. No. 24-2003, § 2, deleted in their
entirety the §§ 34-66-34-69, which comprised div. 3, formerly
titled abatement. Section 34-66 pertained to complaints;
reports and derived from Code 1981, § 675.20; section 34-67
pertained to notice and order for removal from private
property and derived from Code 1981, § 675.21; section 34-68
pertained to failure to comply with notice and order and
derived from Code 1981, § 675.22; and section 34-69 pertained
to waiver of rights by property owner; removal at city's costs
and derived from Code 1981, § 675.23.
Supp. No. 28 CD34:6
ENVIRONMENT § 34-94
ARTICLE III. PROPERTY MAINTENANCE
STANDARDS*
Sec. 34-91. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Aesthetic means pertaining to beautification
and good appearance through design, quality,
maintenance and good upkeep.
Appearance means the outward aspect visible
to the public.
Appurtenances means the visible, functional
objects or accessories to and parts of a building.
Blighting means any cause of destruction or
ruin; to cause to wither or decay.
Deterioration means the condition or appear-
ance of .a building or parts thereof showing
evidence of physical decay, neglect, excessive use
or lack of maintenance.
Encroachment means entering by gradual steps
into the possessions or rights of others.
Family means an individual or a group of
persons related to each other by blood or mar-
riage or a group of not more than four adults who
are not necessarily so related, living together
under one roof as a single household unit.
Filth means foul matter; unsanitary condi-
tions; offensive or disgusting.
Infestation means the presence of insects,
termites, rodents, vermin or other pests on the
premises which constitute a health or structural
hazard.
Landscape means elements of nature and
manmade objects combined in relation to one
another.
Nuisance means everything that endangers
life or health, gives offense to senses, violates the
laws of decency or obstructs reasonable and
comfortable use of property.
*Cross reference —Code enforcement, ch. 2, art. VI.
Obnoxious means very unpleasant, objection-
able and offensive.
Screening means a structure or planting which
conceals from public view the area behind such
structure or planting.
Topography means the physical characteristics
of land.
(Code 1981, § 652.09)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 34-92. Authority.
This article is enacted under the home rule
power and the police power of the city in the
interest of public health, peace, safety and general
welfare of the citizens and inhabitants of the
city.
(Code 1981, § 652.01)
Sec. 34-93. Scope.
This article shall be effective throughout the
city.
(Code 1981, § 652.03)
Sec. 34-94. Purpose.
(a) The intent of the city council in adopting
this article is to establish reasonable and uniform
regulations on the appearance of public areas,
business establishments and residential com-
munities within the city.
(b) Good community appearance is the product
of orderly and harmonious relationships existing
between manmade objects and nature. Appear-
ance has a direct bearing on the economic value
of property. When the appearance of public
areas, business establishments and residential
communities is good, business people, homeown-
ers and industrial developers tend to have a
strong confidence in the community. Poor appear-
ance, congestion and lack of proper maintenance
bring about blight, decay, decreased property
values, loss of revenues and decreased com-
munity confidence.
(c) People are intensely aware of and affected
by bad design or lack of attention to it. Poor
quality of design in the exterior appearance of
buildings or in the development and maintenance
Supp. No. 28 CD34:7
§ 34-94 CAPE CANAVERAL CODE
of structures, landscaping, signs and general
appearance affect the desirability of immediate
and neighboring areas for residential, business,
industrial or other uses. Further, it impairs the
benefits of occupancy in existing property, prevents
the most appropriate development of such areas
and produces undesirable conditions affecting
health, safety, comfort and general welfare of the
inhabitants of the city.
(d) It is the purpose of this article to prevent
the harmful effects that poor exterior property
appearance can cause in the city and thus to
promote and protect the public confidence and
prosperity and to conserve the value of property.
(Code 1981, § 652.05)
Sec. 34-95, Enforcement.
The code enforcement officer and special
magistrate or code enforcement board shall enforce
this article. Alternatively, this article may be
enforced through the issuance of a code enforce-
ment citation pursuant to the procedure set forth
in chapter 2 of this Code.
(Code 1981, § 652.07; Ord. No. 11-2019, § 3,
6-18-19)
Sec. 34-96. Standards established.
(a) Continued good appearance depends on
the extent and quality of maintenance.
Maintenance and upkeep are required for all the
land improvements within the city. Lawns and
planting require considerably more periodic atten-
tion than do buildings, nonetheless both require
maintenance in order to retain a good appear-
ance.
(b) The owner of every single-family or
multiple -family dwelling, commercial or industrial
property or his appointed agent and any occupant,
operator, tenant or anyone otherwise using the
property in any form or manner shall be
responsible for maintaining the exterior in a
clean, sanitary and safe condition. All parts
thereof shall be maintained in good repair and
shall be capable of performing the function for
which such structure or part of any feature
thereof was designed or intended to be used.
(c) Exterior property areas in the front yard
shall be free of clotheslines or other outside
methods of drying clothing or other materials.
Supp. No. 28 CD34:8
ENVIRONMENT
Enforcement authority means the person
designated by the city manager to enforce this
article, and his or her agents and designees.
Inoperable motor vehicle means a motor vehicle
which is unusable for its intended purpose or
incapable of operating under its own power due
to extensive damage, disassembly, deterioration,
or the existence of trash or undergrowth in or
around the motor vehicle indicating disuse. The
absence of a license plate for the current year
and/or the absence of a current motor vehicle
registration shall be prima facie evidence that
such motor vehicle is inoperable. This definition
shall not apply to motor vehicles owned or leased
by an automobile dealer, provided that such
dealer shall possess a current, valid local busi-
ness tax receipt and the vehicles are stored on
property which is properly zoned and approved
for use as an automobile dealership.
Motor vehicle means a vehicle or conveyance
which is self-propelled and designed to travel
along the ground, and includes, but is not limited
to, automobiles, buses, mopeds, motorcycles,
trucks, tractors, go-carts, golf carts, campers,
motor homes and trailers.
Private property means any real property within
the city which is privately owned and which is
not defined in this section as public property.
Public property means any property in the city
which is owned by a governmental body and
buildings, parking lots, parks, streets, sidewalks,
swales, rights -of -way, easements and other similar
property, except paved portions of rights -of -way.
(Ord. No. 7-93, § 1(610.01), 4-20-93; Ord. No.
25-2003, § 2, 9-2-03; Ord. No. 02-2007, § 5,
2-20-07)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 34-177. Entry upon private property
authorized.
The enforcement authority shall be immune
from prosecution, civil or criminal, for reason-
able, good faith trespass upon real property
while in the discharge of duties imposed by this
article.
(Ord. No. 7-93, § 1(610.21), 4-20-93)
§ 34-181
Sec. 34-178. Penalty.
Whoever opposes, obstructs or resists the
enforcement authority or any person authorized
by the enforcement authority in the discharge of
duties provided for in this article shall be punish-
able as provided in section 1-15.
(Ord. No. 7-93, § 1(610.25), 4-20-93)
Sec. 34-179. Additional remedies.
In addition to the provisions of this article,
any person who has violated any of the provi-
sions of this article shall be subject to all provi-
sions regarding enforcement of ordinances
contained in this Code, including the remedies
provided by section 2-246 et seq.
(Ord. No. 7-93, § 1(610.23), 4-20-93)
Sec. 34-180. Property abandoned or lost on
public property.
Any abandoned property or lost property pres-
ent on public property shall be taken into custody
by law enforcement personnel and disposed of in
accordance with F.S. ch. 705 or any successor
law or statute.
(Ord. No. 7-93, § 1(610.03), 4-20-93)
Sec. 34-181. Storing, parking or leaving on
private property.
(a) No person shall park, store, leave or permit
the storing or leaving of any abandoned property
or inoperable motor vehicle of any kind, whether
attended or not, upon any private property within
the city; except that, with respect to an inoper-
able motor vehicle, such vehicle may be parked,
stored or left on the property for a period of time
not to exceed 72 hours. The presence of such
abandoned property, and inoperable vehicles, or
parts thereof, on private property is hereby
declared a public nuisance which may be abated
in accordance with the provisions of this article.
(b) Required screening for inoperable or
abandoned motor vehicles.
(1) Any inoperable motor vehicle parked or
stored within a carport or in a building
that is not fully enclosed and which is
visible from the right-of-way or other
public or private property shall be
Supp. No. 28 CD34:15
§ 34-181
CAPE CANAVERAL CODE
completely covered with an opaque cover-
ing made of either vinyl, nylon, chamois,
or other similar material that is resistant
to weather and is commercially intended
to be used as an outdoor protective cover.
Each cover shall display a solid and
uniform, neutral or earth tone color and
be securely fastened to the inoperable
motor vehicle at all times, except when
such vehicle is being actively repaired.
Neutral or earth tone colors include white,
brown, grey and black. All coverings
must provide sufficient screening so as to
prevent ordinary viewing of any inoper-
able motor vehicle from adjacent public
and private property.
(2) Any motor vehicle parts that are
dismantled or disassembled and waiting
to be attached or assembled to a motor
vehicle may be stored temporarily in a
carport or in a building that is not fully
enclosed, provided that such motor vehicle
parts are necessary to perform active
repairs on an inoperable motor vehicle.
Where an inoperable motor vehicle is not
being actively repaired, storage of motor
vehicle parts is prohibited within a carport
or in a building that is not fully enclosed
and which are visible from the right-of-
way or other public or private property.
(3) For the purposes of this section, the term
"active repairs" or "actively repaired"
shall mean the active and diligent repair
of any inoperable motor vehicle by any
person or persons. It shall be presumed
that a motor vehicle is not being actively
repaired when no person is observed
making any repair or repairs.
(Ord. No. 7-93, § 1(610.05), 4-20-93; Ord. No.
25-2003, § 2, 9-2-03)
Sec. 34-182. Notice to abate.
(a) Issuance. Whenever it comes to the atten-
tion of the enforcement authority that any
nuisance as defined in section 34-181 appears to
exist on private property, he shall cause a writ-
ten notice to be affixed to the property, declaring
the existence of the nuisance and ordering whoever
has an interest in the property to comply with
this article by removing the abandoned property
or inoperable vehicle within 72 hours of the
notice. In addition to the foregoing notice, a copy
of the notice shall be delivered to the owner or
occupant of the private property; if a copy of the
notice cannot be delivered to the owner or
occupant, a copy of the notice shall be left at the
property, with a duplicate copy sent to the owner
or occupant of the property by certified mail,
return receipt requested.
(b) Contents. The notice shall contain the
request for removal within the time specified in
subsection (a) of this section and the notice shall
advise that upon failure to comply with the
notice of removal the enforcement authority
shall undertake such removal, with the cost of
removal to be levied against the owner or occupant
of the property. The notice shall also advise the
person to whom the notices are applicable of his
right to contest the determination of the enforce-
ment authority that a violation under this article
exists by requesting a hearing before the special
magistrate or code enforcement board and that,
if such a hearing is desired, the request can be
made by filing a written request with the special
magistrate or code enforcement board secretary.
A request for a hearing must be made within the
time for removal set forth in subsection (a) of
this section.
(Ord. No. 7-93, § 1(610.07), 4-20-93; Ord. No.
11-2019, § 3, 6-18-19)
Sec. 34-183. Special magistrate or code
enforcement board hearing
procedures.
(a) Setting date; notice. Upon receiving a
request for a hearing pursuant to this article, the
special magistrate or code enforcement board
secretary shall set the hearing before the next
regular meeting of the special magistrate or code
enforcement board. Notice of the hearing shall
be given to the person requesting the hearing
and to the enforcement authority. No other
notices are required. A request for hearing under
this section stays all enforcement proceedings
until an order of the special magistrate or code
enforcement board is entered.
Supp. No, 28 CD34: 16
ENVIRONMENT § 34-184
(b) Conduct. Hearings under this article shall
be conducted under and governed by the
procedures set forth in Chapter 2, Article VI of
the City Code.
(c) Board determination. The special
magistrate or code enforcement board shall
determine either that there exists a nuisance or
that there does not exist a nuisance. With
reference to hearings under this article, the
special magistrate or code enforcement board
has no other authority and is not authorized to
modify or vary the terms and conditions contained
in this article.
(d) Issuance, filing of board order. The special
magistrate or code enforcement board shall issue
a written order, either finding the existence of a
nuisance or finding that a nuisance does not
exist.
(Ord. No. 7-93, § 1(610.09), 4-20-93; Ord. No.
11-2019, § 3, 6-18-19)
Cross reference —Code enforcement, § 2-246 et seq.
Sec. 34-184. Compliance with notice or
order to remove; removal by
city upon noncompliance.
Within the time for removal set forth in the
notice for removal, or within 48 hours of the date
on which an order is entered by the special
magistrate or code enforcement board affirming
the determination of the enforcement authority,
the owner of the abandoned property or inoper-
able vehicle and the owner or occupant of the
private property on which the same is located,
either or all of them, shall cause the removal of
the vehicle. If the violation is not remedied
within the time set forth in this section, the
enforcement authority shall have the right to
take possession of the abandoned property or
inoperable vehicle and remove it from the
premises. In the event of removal and disposi-
tion of the abandoned property or inoperable
vehicle by the enforcement authority, the owner
of the abandoned property or inoperable vehicle
and the owner and occupant of the private
property from which the abandoned property or
inoperable vehicle is removed shall be jointly
and severally liable for the expenses incurred in
so doing. It shall be unlawful for any person to
interfere with, hinder or refuse to allow the
enforcement authority to enter upon private
property for the purpose of removing the
abandoned property or inoperable vehicle under
the provisions of this article.
(Ord. No. 7-93, § 1(610.11), 4-20-93; Ord. No.
11-2019, § 3, 6-18-19)
Supp. No. 28 CD34:16.1
OFFENSES AND MISCELLANEOUS PROVISIONS § 50-4
(f) Enforcement and penalties.
(1) Any person who is observed engaging in
any activity prohibited by this section
shall vacate the particular place at issue
upon the request of an authorized official
or law enforcement officer. The willful
refusal to vacate the area shall be subject
to a penalty as provided in section
50-4(f)(4) of the City Code. Excluding
situations when a person is trespassing
upon private property, if a law enforce-
ment officer or other official encounters a
person engaged in an activity prohibited
by this section and that person volunteers
that he or she has no home or pei inanent
shelter, that person must be given an
opportunity to enter a homeless shelter
or similar facility, if available, or be
placed on public property where the city
or Brevard County has authorized camp-
ing or overnight sleeping. If no such
facility or public property is available, an
arrest may not be made. A homeless
shelter or similar facility is deemed "avail-
able" when it has an available overnight
space, open to an individual or family
unit experiencing homelessness at no
charge. To qualify as available, the space
must take into account sex, marital and
familial status, and disabilities. However,
if the individual cannot utilize the
overnight shelter space due to voluntary
actions such as intoxication, drug use,
unruly behavior, or violation of shelter
rules, the overnight shelter space shall
still be considered available. Situations
involving trespass upon private property
shall be handled by law enforcement in
accordance with trespass laws.
(2) If personal property remains in violation
of subsection (d) after an arrest, entrance
into a homeless shelter or similar facility,
or if it is otherwise left unattended, the
city's law enforcement officer or official
may remove such personal property to a
secure location for a period of not less
than 90 days. Notice of the removal shall
be posted and remain at the nearest
reasonable location to the place of removal
with the city's contact information and
instructions on how to redeem removed
property for the 90-day period or, if the
individual claiming ownership of the
property is present at the time of removal,
such notice shall be provided to the
individual personally. If property is not
claimed within the 90-day period, the
property shall be deemed abandoned and
the city shall have the right to dispose of
the property. An individual claiming the
property shall produce identification and
shall sign a release form providing his or
her name and contact information and
swearing that the property belongs to the
claiming party. Nothing herein shall limit
or restrict the city and its officials from
immediately destroying hazardous debris,
trash, and items posing an immediate
risk to public health and safety, such as
syringes. Items such as medicine, personal
identification, photographs, family
memorabilia, toiletries, clothing, cell
phones, sleeping bags and blankets, and
non -hazardous items in containers, such
as backpacks or boxes, shall not be
considered garbage and shall be removed
and stored in accordance with this sec-
tion.
(3) Should the city or its officials desire to
clean up public property being used for
camping while personal property remains
attended, the city shall prominently post
a Notice to Vacate at the particular camp-
ing location at least 24 hours in advance
of the cleaning, except that notice shall
not be required prior to removal of
personal property or trash posing an
immediate risk to public health and safety.
Personal property remaining at the time
of the scheduled cleaning may be removed.
Such personal property shall be stored
and post -removal notice shall be posted
as provided above in this section.
(4) Any person who violates or fails to comply
with any provisions of this section 50-4
shall be subject to the following:
(a) The issuance of a Class I citation in
accordance with the provisions of
section 2-280, et seq., "Code Enforce-
ment Citations"; or
Supp. No. 28 CD50:5
§ 50-4 CAPE CANAVERAL CODE
(b) Enforcement by other means includ-
ing, but not limited to: a summons;
a notice to appear in the county or
circuit court; an arrest; an action
before the special magistrate or code
enforcement board; or a civil action
for injunctive relief; or
(c) Punished in accordance with the
general penalty set forth in section
1-15 of this Code.
(g) Exclusions. The prohibitions in this sec-
tion shall not apply to public shelters, public
buildings, public parks or beaches, or public
property where the city or Brevard County has
authorized camping or overnight sleeping.
(Ord. No. 15-97, § 1, 12-2-97; Ord. No. 13-2005,
§ 2, 8-2-05; Ord. No. 06-2015, § 2, 7-21-15; Ord.
No. 03-2017, § 2, 2-21-17; Ord. No. 11-2019, § 3,
6-18-19)
Sec. 50-5. Recreational fires, generally.
Recreational campfires and cooking fires are
permitted within the city provided that they are
confined within a self-contained UL-listed
container, comply with all City Code and Florida
Fire Prevention Code requirements, and do not
produce excessive smoke emissions. Recreational
fires within city parks, including but not limited
to city beaches, are additionally subject to sec-
tion 54-16 of the City Code.
(Ord. No. 06-2015, § 2, 7-21-15)
Supp. No. 28 CD50:6
PARKS AND RECREATION § 54-24
paving material, waterline or other public utility
or part or appurtenance thereof, sign, notice, or
placard monument, stake, post, or other structure,
equipment or any facilities, property or
appurtenances whatsoever, whether temporary
or permanent, located at a city park.
(Ord. No. 07-2014, § 2, 6-17-14)
Sec. 54-21. Interference with personnel/
park operations.
(a) It is unlawful to interfere with, hinder, or
oppose any law enforcement officer or city or
Brevard County personnel in the discharge of his
or her duties or with the enforcement of this
article.
(b) It is unlawful to interfere with the opera-
tions of a city park by gathering in groups that
are not engaged in bona fide recreational activi-
ties consistent with the facilities of the city park
and any permit issued by the city.
(Ord. No. 07-2014, § 2, 6-17-14)
Sec. 54-22. Glass containers.
The use of glass containers of any kind in any
city park is prohibited unless such use is in an
area where the use of glass containers has been
authorized by the city.
(Ord. No. 07-2014, § 2, 6-17-14)
Sec. 54.23. Airsoft and paintball guns; BB
guns.
The use of airsoft (plastic pellets) guns, paint -
ball guns, paintball markers, and paintball equip-
ment within city parks is prohibited unless the
city has specifically designated an area for the
use of this equipment. Paintball equipment
includes, but is not limited to: paint balls, paint
gun refillable gas tanks, paint gun propellant
canisters, and targets. Nothing contained in this
section is intended to regulate or apply to fireal ius
and ammunition which are preempted by state
law.
(Ord. No. 07-2014, § 2, 6-17-14)
Sec. 54-24. Promulgation of rules; city fees;
preexisting rules; conflicts with
rules; enforcement and penal-
ties.
(a) The city manager is hereby authorized to
adopt administrative rules supplemental to, and
consistent with, the provisions of this article
that he or she deems necessary and appropriate
to implement the provisions of this article rela-
tive to the use of city parks and the violation of
such rules shall constitute a violation of this
article.
(b) The provisions of this article and the rules
adopted by the city shall be maintained on file at
city hall and at the leisure services department
office for public inspection and copying.
(c) A general condition of each permit to use a
city park is that the permittee shall abide by and
adhere to the provisions of this article and the
rules promulgated by the city, except as may be
otherwise specifically permitted by the city by
means of a permit issued for a specific event or
activity.
(d) The city manager or authorized designee
shall regularly review, or cause to be reviewed,
the use of and conditions within each city park in
order to reasonably mitigate against potential
public liability relating to city parks.
(e) The city manager or authorized designee
shall regularly review, or cause to be reviewed,
the use and condition of each city park to ensure
compliance with the Americans With Disabilities
Act and other laws, rules and regulations where
applicable.
(f) Fees. The city council may establish by
resolution or written agreement with a specific
user of a city park a fee schedule for the use of
city parks.
(g) Preexisting rules. All rules regulating city
parks adopted by the city prior to the enactment
of this article on June 17, 2014 shall remain in
full force and effect unless in conflict with any
provision of this article.
(h) Conflicts with rules. The provisions of this
article shall prevail over any preexisting or
subsequently adopted conflicting city rule regulat-
ing city parks.
(i) Enforcement, generally. City law enforce-
ment and code enforcement officers, the director
of leisure services or authorized designee, and
the city manager or authorized designee shall be
responsible for enforcing the provisions of this
article, and shall have the authority to order any
Supp. No, 28 CD54:11
§ 54-24
CAPE CANAVERAL CODE
person or persons acting in violation of this
article to leave the city park. It is unlawful for a
person to remain in the city park when the
person is asked to leave the city park by a city
official pursuant to this section.
(j) Initiation of code enforcement. City law
enforcement and code enforcement shall be
responsible for initiating any code enforcement
proceedings regarding a violation of this article.
(k) Penalties. The enforcement and penalty
provisions set forth in this article are not intended
to be exclusive enforcement remedies. Nothing
contained herein shall be construed to limit law
enforcement and the city from enforcing the
provisions of this article by any other lawful
means.
(Ord. No. 07-2014, § 2, 6-17-14)
Sec. 54-25. Suspension of use of city park.
(a) The suspension provisions set forth in this
section are a management tool independent of
any other enforcement tool referenced under this
article for the purpose of managing the city
parks for the common welfare and safety of all
city park patrons and preservation of all city
park facilities. The intent and purpose of this
section is to ensure compliance with this article
and to protect the public health, safety, and
welfare of city park patrons. Suspension of a
person's privilege to use city parks or facilities
therein are intended to occur only when that
person has demonstrated an inability to comply
with the provisions set forth in this article or has
engaged in certain illegal or violent behavior in a
city park in violation of the law.
(b) A person's privilege to use a city park or
any facility therein may be suspended by city
law enforcement or the city's culture and leisure
services director when the person has been found
guilty of violating any provision of this article on
more than two occasions within a three year
period. For purposes of this section, the term
"guilty" shall include a plea of nolo contendere,
voluntary payment of a citation issued in
accordance with this article, or an adjudication
of guilt by a court of law or special magistrate or
code enforcement board. The first suspension
shall be for a period of up to 90 days, and each
additional suspension thereafter, the suspension
period shall be for up to 90 days per applicable
offense, not to exceed two consecutive years for
any one suspension.
(c) A person's privilege to use a city park or
any facility therein may be suspended by city
law enforcement or the city's director of leisure
services when a person is cited for a violation of
section 54-15(b), (d) or (e) for certain trespass
cases, or section 54-21 for interfering with person-
nel. Suspension for a first offense shall be for 30
days, plus an additional 60 days for every other
similar offense, not to exceed two consecutive
years for any one suspension.
(d) A person's privilege to use a city park or
any facility therein may be suspended for up to
two consecutive years by city law enforcement
for each incident in which that person has been
charged with committing a violent criminal offense
in a city park including, but not limited to,
breach of peace under § 870.03, Florida Statutes;
affrays and riots under § 870.01; aggravated
battery under § 784.045, Florida Statutes, and
resisting an officer with violence under § 843.01,
Florida Statutes.
(e) A person's privilege to use a city park or
any facility therein may be suspended for up to
two consecutive years by city law enforcement
for each incident in which that person has been
charged with engaging in or allowing in a city
park the possession, use or sale of controlled
substances, as that term is defined in § 893.03,
Florida Statutes, in violation of law.
(f) A person's privilege to use a city park or
any facility therein may be suspended for up to
two consecutive years by city law enforcement
for each incident in which that person has been
charged with engaging in or allowing prostitu-
tion in a city park.
(g) A person's privilege to use a city park or
any facility therein may be suspended by city
law enforcement or director of leisure services
for fees that are past, due more than 120 days
and which are imposed pursuant to this article
or pursuant to a citation imposed for violating
the provisions of this article. However, any suspen-
Supp. No. 28 CD54:12
PARKS AND RECREATION § 54-46
sion imposed under this subsection shall
immediately expire at such time the fees are
paid.
(h) Any suspension order issued in accordance
with this section shall be in writing and shall
state the name and address of the person who is
subject to the suspension, the cause of the
suspension, the duration of the suspension includ-
ing the effective and expiration date of the
suspension, and the city parks or any facility
subject to the suspension. The order shall also
state that the person shall have the right to
appeal the suspension to the city manager by
delivering written notice of appeal to the city
manager within three business days of the receipt
of the order. The notice of the appeal shall state
the grounds for the appeal. The city manager
shall set the time and place for hearing such
appeal, and notice of the time and place shall be
given at least five calendar days prior to the date
set for the hearing. The hearing shall occur no
later than ten days after the date the appeal
notice is received by the city. Failure to timely
file an appeal of a suspension order shall constitute
a waiver of the person's right to an appeal and
the order shall be deemed final.
(i) The city manager shall adopt rules and
procedures for conducting a fair and impartial
hearing to determine compliance with the provi-
sions of this section. All decisions of the city
manager under this section shall be deemed
final and shall be subject to appeal to a court of
competent jurisdiction.
(j) When a suspension may be ordered up to a
maximum number of days under this section, the
city shall consider the following factors when
determining the length of the suspension: (1) the
gravity of the violation; (2) the potential or
actual harm or danger the violation had or
caused on other patrons or facilities of the city
park; and (3) any mitigating circumstances.
(Ord. No. 07-2014, § 2, 6-17-14; Ord. No. 11-2019,
§ 3, 6-18-19)
ARTICLE II. CULTURE AND LEISURE
SERVICES BOARD*
Sec. 54-26. Established.
There is created a culture and leisure services
board to consist of seven members.
(Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94;
Ord. No. 12-2003, § 6, 7-1-03; Ord. No. 13-2011,
§ 5, 12-20-11)
Sec. 54-27. Reserved.
Editor's note —Ord. No. 12-2003, § 6, deleted § 54-27,
which pertained to vacation of office.
Sec. 54-28. Duties.
The culture and leisure services board shall
advise the city on matters pertaining to cultural
events, public parks and recreation and shall
serve in such other similar matters as the city
may direct.
(Code 1981, § 255.02; Ord. No. 13-2011, § 5,
12-20-11)
Sec. 54-29. Indebtedness.
The culture and leisure services board shall
not incur any debts or enter into any contracts or
obligations which would be enforceable against
the city, unless prior approval has been obtained.
(Code 1981, § 251.05; Ord. No. 13-2011, § 5,
12-20-11)
Secs. 54-30-54-45. Reserved.
ARTICLE III. VESSEL CONTROL AND
WATER SAFETY
Sec. 54-46. Purpose and findings.
(a) The purpose of this article shall be to
promote safety in and between boating, swim-
ming and other water related activities in the
city.
*Editor's note —Ord. No. 13-2011, § 5, adopted Dec. 20,
2011, amended the title of Art. II to read as herein set out.
The previous title was "Recreation Board."
Cross reference —Boards, committees, commissions, § 2-
171 et seq.
Supp. No. 28 CD54:13
§ 54-46 CAPE CANAVERAL CODE
(b) The city does hereby declare that the
public health, safety and welfare of the citizens
of the city and others requires designation of
specific areas within which the operation of
vessels may be regulated or prohibited.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-47. Definitions.
For the purposes of this article, the following
terms, phrases, words and derivations shall have
the meaning given herein:
Bather means any person who is in the same
body of water as a vessel, whether such person is
swimming, wading or engaged in any other
activity in the water.
Idle speed means the lowest speed at which a
vessel can operate and maintain steering control.
Operate means to navigate or otherwise use
any vessel in or on the water.
Person means any individual, partnership,
firm, corporation, association or other entity.
Vessel means every description of watercraft
and airboat used or capable of being used as a
means of transportation or recreation on the
water. As used in this article, the terms "boat"
and "watercraft" are synonymous with "vessel."
When not inconsistent with the context, words
used in the present tense include the future,
words in the plural number include the singular
number, and the words in the singular number
include the plural number. The word "shall" is
always mandatory and not merely directory.
(Ord. No. 14-95, § 1, 8-15-95; Ord. No. 22-2003,
§ 2, 9-2-03)
Sec. 54-48. Area of enforcement.
The area of enforcement of the provision of
this article shall be the Atlantic Ocean and
Banana River located within Cape Canaveral,
Florida.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-49. Means of enforcement.
The provision of this article shall be enforced
by members of all duly authorized law enforce-
ment agencies within the city.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-50. Careful and prudent operation
required.
Every person operating any vessel in or under
any waters within the area of enforcement as set
forth above shall do so in a careful and prudent
manner, taking into consideration the weather
conditions and range of visibility, water turbulence,
proximities to fishermen, bathers, waterskiers,
divers and other boats and watercraft, and all
other attendant circumstances so as not to
endanger the life, limb or property of any person.
Failure to operate a vessel in such a careful and
prudent manner shall constitute careless boat-
ing in violation of this article.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-51. Speed not to be greater than
what is reasonable under the
conditions.
Nothing contained in this article shall be
construed to authorize or approve any speed
greater than is reasonable and proper in
consideration of local conditions, other water
traffic, fishermen, waterskiers or bathers in the
area, or other hazards.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-52. Designation of areas of regulated
water activities.
All waters within 300 feet offshore from all
beaches and shorefront bathing areas or shoreline
of the Banana River, whether or not so designated
with appropriate signs are hereby designated as
areas of regulated water activities.
(Ord. No. 14-95, § 1, 8-15-95)
Supp. No, 28 CD54:14
PARKS AND RECREATION § 54-55
Sec. 54-53. Procedure for designating
additional areas of regulated
water activities.
By ordinance, the city council may designate
additional specific areas as an "area of regulated
water activities" as described in section 54-52. In
designating such areas, the city council shall
hear all testimony presented and make a finding
that the designation is necessary for the safety
and/or welfare of the citizens of the city. Upon
the adoption of such an ordinance, the city shall
publish the ordinance one time in a newspaper of
general circulation in the county after which the
designation of the area shall be complete and
binding.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-54. Exemptions.
(a) The provisions of this article shall not be
construed to prohibit the running of racing or
exhibition boats during a publicly announced,
properly authorized by the appropriate
governmental body, supervised and adequately
patrolled regatta or speed trial or exhibitions.
(b) Florida Marine Patrol rescue craft, Coast
Guard rescue craft, the county sheriff patrol
craft and craft operating under emergency condi-
tions shall be exempted from the provisions of
this article while performing their official duties
or operating in an emergency.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-55. Penalties.
Any person who knowingly violates any provi-
sion of this article, including refusal to allow a
law enforcement officer to make an inspection
under this article, shall, upon conviction, be
punished according to law and shall be subject to
a fine not exceeding the sum of $500.00 or
imprisonment in the county jail for a period of
not exceeding 60 days, or both such fine and
imprisonment.
(Ord. No. 14-95, § 1, 8-15-95)
Supp. No. 28 CD54:15
Chapter 78
UTILITIES*
Article I. In General
Secs. 78-1-78-25. Reserved.
Article II. Sanitary Sewer System
Division 1. Generally
Sec. 78-26. Penalty.
Sec. 78-27. Connection with sewer -Required.
Sec. 78-28. Same -Late connection charge.
Sec. 78-29. Unlawful connection.
Sec. 78-30. Unlawful construction.
Sec. 78-31. Connecting old plumbing.
Sec. 78-32. Sanitary requirements.
Sec. 78-33. Disposal.
Sec. 78-34. Septic tanks.
Sec. 78-35. Maintenance of plumbing system.
Sec. 78-36. Failure to maintain plumbing system.
Sec. 78-37. Free service.
Sec. 78-38. Separate connection for each separate building.
Sec. 78-39. Reserved.
Secs. 78-40--78-50. Reserved.
Division 2. Industrial and Commercial Use
Subdivision I. In General
Sec. 78-51. Definitions.
Sec. 78-52. Purpose.
Sec. 78-53. Enforcement; authority; minimum standards.
Sec. 78-54. Applicability.
Sec. 78-55. Use of public sewers required.
Sec. 78-56. Power and authority of inspectors.
Sec. 78-57. Right of refusal.
Sec. 78-58. Termination of service in emergency.
Sec. 78-59. Administrative enforcement procedures.
Sec. 78-60. Administrative penalties.
Sec. 78-61. Judicial remedies.
Sec. 78-62. Publication of significant violation.
Secs. 78-63-78-75. Reserved.
Subdivision IL Building Sewers and Connections
Sec. 78-76. Separate sewer for each building.
Sec. 78-77. Permit for connections.
Sec. 78-78. Costs of installation; indemnification.
Sec. 78-79. Notice for inspection and connection.
Sec. 78-80. Old building sewers.
Sec. 78-81. Specifications.
Sec. 78-82. Elevation.
Sec. 78-83. Excavations.
*Cross references -Environment, ch. 34; solid waste, ch. 62; excavations, § 66-61 et seq.; public service tax, § 70-26 et seq.;
buildings and building regulations, ch. 82; concurrency management system, ch. 86; stormwater management, § 90-116 et seq.
Supp. No. 28 CD78:1
CAPE CANAVERAL CODE
Sec. 78-84. Connecting sources of surface runoff or groundwater.
Sec. 78-85. Connection to public sewer.
Secs. 78-86-78-95. Reserved.
Subdivision III. Discharges
Sec. 78-96. General prohibitions and limitations.
Sec. 78-97. Control of prohibited wastes.
Sec. 78-98. Permission to use sewer system; wastewater discharge permits.
Sec. 78-99. Fees.
Sec, 78-100. Industrial or commercial wastewater monitoring and reporting.
Secs. 78-101-78-110. Reserved.
Subdivision N. Rates and Charges
Sec. 78-111. Surcharge for abnormal strength wastes.
Secs. 78-112-78-120. Reserved.
Division 3. Impact Fees
Sec. 78-121. Established.
Sec. 78-122. Payment.
Sec. 78-123. Excessive quantity ofwastewater.
Sec. 78-124. Reserved.
Sec. 78-125. Full payment required prior to issuance of certificate or license.
Sec. 78-126. Reserved.
Sec. 78-127. Use of funds.
Sec. 78-128. Change of use.
Sec. 78-129. Cost of living increase.
Sec. 78-130. Port Canaveral customers.
Sec. 78-131. Offsite sewage pumping.
Secs. 78-132-78-150. Reserved.
Article 111. Service Rates, Deposits and Billing Procedures
Sec. 78-151. Deposit required.
Sec. 78-152. Monthly sewer rates.
Sec. 78-153. Payment of utility charges required.
Sec. 78-154. Sewer fees where owner has private water supply.
Secs. 78-155-78-175. Reserved.
Article IV. Reclaimed Water
Division 1. Generally
Sec. 78-176. Definitions.
Sec. 78-177. Connection to the system.
Sec. 78-178. Reclaimed water uses.
Sec. 78-179. Reserved.
Sec. 78-180. Reclaimed water usage rates.
Sec. 78-181. Right to refuse service.
Secs. 78-182-78-190. Reserved.
Division 2. Installation and Inspection of the Reclaimed Water System
Sec. 78-191. Policies and regulations adopted; compliance required.
Sec. 78-192. Inspections.
Sec. 78-193. Discontinuance of service.
Sec. 78-194. Unlawful connections or practices.
Supp. No. 28 CD78:2
UTILlflES
Sec. 78-195. Special magistrate or code enforcement board authority and
violation liability.
Sec. 78-196. Public employees liability.
Sec. 78-197. Areas embraced.
Sec. 78-198. Cross -connection control.
Sec. 78-199. Unauthorized use.
Sec. 78-200. Adoption of Chapter 62-610, F.A.C.
Secs. 78-201-78-274. Reserved.
Article V. Stormwater Drainage
Division 1. Generally
Sec. 78-275. Creation of stormwater drainage utility.
Sec. 78-276. Findings, determinations and powers.
Sec. 78-277. Definitions and construction.
Sec. 78-278. Operating budget.
Secs. 78-279 78-299. Reserved.
Division 2. Fees and Taxes
Sec. 78-300. Stormwater fee.
Sec. 78-301. Determination of ERUs.
Secs. 78-302-78-324. Reserved.
Division 3. Administration
Sec. 78-325. Program responsibility.
Sec. 78-326. Stormwater management utility enterprise fund.
Secs. 78-327-78-399. Reserved.
Division 4. Illicit Discharge and Connection
Sec. 78-400. Short title: Purpose and objectives.
Sec. 78-401. Authorized enforcement agency.
Sec. 78-402. Definitions.
Sec. 78-403. Applicability.
Sec. 78-404. Responsibility for administration.
Sec. 78-405. Ultimate responsibility.
Sec. 78-406. Discharge prohibitions.
Sec. 78-407. Suspension of MS4 access.
Sec. 78-408. Industrial or construction activity discharges.
Sec. 78-409. Monitoring of discharges.
Sec. 78-410. Requirements to prevent, control, and reduce stormwater pol-
lutants by the use of BMPs.
Sec. 78-411. Watercourse protection.
Sec. 78-412. Notification of spills.
Sec. 78-413. Enforcement.
Supp. No. 28 CD78:2.1
UTILITIES § 78-126
DIVISION 3. IMPACT FEES*
Sec. 78-121. Established.
There shall be paid an assessment to defray
the cost and expense of collection, transmission,
treatment and disposal of sewage and for neces-
sary equipment, repairs, replacement and addi-
tions and for any new sewer plant expansion for
the city. Such assessment shall be for the sewer
system on all new construction and all structures
initially connecting to the city sewer system.
The assessment schedule shall be as set forth in
appendix B to this Code. Construction, expan-
sion or alteration of facilities on city -owned
property shall not be subject to the fees established
by this division.
(Code 1981, § 535.01; Ord. No. 5-92, § 1, 5-5-92;
Ord. No. 09-2013, § 2, 8-20-13)
Sec. 78-122. Payment.
The assessments as set forth in this division
shall be paid by certified funds at the time of
issuance of a building permit for such new
construction. Except as provided in section 78-34,
a building permit shall not be issued unless a
sewer permit has been first obtained. The amount
of the assessment shall be determined in
accordance with the rates established in section
78-121 in effect at the time a sewer permit is
issued by the city. A sewer permit shall not be
issued until a city sewer main line is placed
within 150 feet of the applicant's property. If the
assessment is not paid by the 30th day following
that for which a billing has been rendered, then
an amount equal to five percent of such assess-
ment due shall be added thereto as a late charge.
Upon failure of any user to pay for the assess-
ment within 60 days from being billed, the city
shall shut off or cause to be shut off the connec-
tion of such user and shall not furnish him or
permit him to receive from the system further
service until all obligations owed by him to the
city on account of the services shall have been
paid in full. If such sewer service is shut off
pursuant to this section, then before such service
shall be restored, the user thereof shall pay a
*Cross references -Finance, § 2-206 et seq.; impact
fees, § 2-231 et seq.; buildings and building regulations, ch.
82.
reinstatement fee in the amount as set forth in
Appendix B to this Code in addition to any other
assessments and charges due. In addition [to],
and as an alternative means of, collecting such
assessment, late charges and penalties, the city
shall have a lien on such lot or parcel of land for
which the sewer connection has been made, for
which such lien shall be of equal dignity with the
lien of state and county and municipal taxes.
Such lien may be foreclosed by the city in the
same manner provided by the laws of the state
for the foreclosure of mortgages upon real estate.
(Code 1981, § 535.02; Ord. No. 31-93, § 1,
9-21-93; Ord. No 23-96, § 3, 12-3-96; Ord. No.
08-2002, § 1, 4-16-02; Ord. No. 09-2013, § 2,
8-20-13; Ord. No. 10-2019, § 2, 6-18-19)
Sec. 78-123. Excessive quantity of
wastewater.
(1) To the extent that average daily effluent
outflow exceeds the amount paid for impact fees,
an additional impact fee for the excess shall be
levied as calculated and as provided for in this
division.
(2) There shall be no refunds of impact fees,
regardless of effluent outflow volumes.
(Code 1981, § 535.02(A); Ord. No. 31-93, § 1,
9-21-93; Ord. No. 09-2013, § 2, 8-20-13)
Sec. 78-124. Reserved.
Editor's note -Ordinance No. 23-96, § 1, adopted
December 3, 1996, deleted § 78-124 in its entirety. Formerly,
such section pertained to collection over certain time; promis-
sory note and derived from § 535.02(B) of the 1981 Code; Ord.
No. 31-93, § 1, 9-21-93.
Sec. 78-125. Full payment required prior to
issuance of certificate or
license.
No certificate of occupancy or city license shall
be issued until the impact fee as set forth in this
division has been paid in full.
(Code 1981, § 535.03; Ord. No. 21-92, § 1,
11-5-92; Ord. No. 23-96, § 4, 12-3-96)
Sec. 78-126. Reserved.
Editor's note -Ordinance No. 23-96, § 2, adopted
December 3, 1996, deleted § 78-126 in its entirety. Formerly,
Supp. No. 28 CD78:21
§ 78-126
CAPE CANAVERAL CODE
such section pertained to issuance of certificate of occupancy
upon full payment and derived from § 535.02(B) of the 1981
Code.
Sec. 78-127. Use of funds.
All funds generated by sewer connection impact
fees shall be used for projects related to sewer
plant expansion and sewer plant collection and
transmission line expansion and shall not be
used as operating revenue for the sewer plant.
These funds shall be kept in accounts which are
segregated from the general sewer plant fund.
(Code 1981, § 535.04)
Sec. 78-128. Change of use.
For any structure or use of structure which is
modified such that the sewer impact assessment
is greater than the amount collected, the owner
shall be assessed additional impact fees in
accordance with sections 78-121 and 78-122.
(Code 1981, § 535.05; Ord. No. 23-96, § 5,
12-3-96; Ord. No. 09-2013, § 2, 8-20-13)
Sec. 78-129. Cost of living increase.
Any user of the services of the sewer system
shall pay a sewer impact fee as established in
section 78-121. The schedule of fees is subject to
revision annually as may be necessary to keep
the cost commensurate with changes in the cost
of living as reflected by the Consumer Price
Index or because of any regulatory or
environmental factors which increase the costs
of sewage collection, transmission and treat-
ment. All revisions shall be done by resolution
and shall become effective as of May 1 of each
year. The basis of such rate increase shall be the
Consumer Price Index U.S. city average, "all
items" (82-84-100), published by the Bureau of
Labor Statistics of the United States Depart-
ment of Labor. The index number for the month
ofFebruary 1991 shall be the base index number
and the corresponding index number for the
month of February in each succeeding year shall
be the current index number. On May 1 of each
year, the sewer impact fee shall be determined
by dividing the current index number (CIN) by
the base index number (BIN), in accordance with
the following formula, dropping all digits after
'/ioo:
(CIN)
New sewer impact fee charge = x the(BIN)
current sewer impact fee.
(Code 1981, § 535.06)
Sec. 78-130. Port Canaveral customers.
Sewer impact fees for Port Canaveral custom-
ers are due and payable upon receipt of a state
department of environmental protection permit
application to construct wastewater transmission/
collection mains No permit application will be
approved until all fees are paid in full. Any
change of use or change of similar use of a
structure shall be subject to the criteria outlined
in section 78-128.
(Code 1981, § 535.07)
Sec. 78-131. Offsite sewage pumping.
For purposes of this section the term "offsite
sewerage" shall mean any off -site sewerage system
not directly connected to the city's sanitary
sewerage system including, but not limited to,
cruise ships, portable sewer containers, and septic
disposal trucks.
Offsite sewage pumping will be permitted
according to the following:
(1) The person requesting the pumping shall
contact the public works department and
formally request in writing permission to
pump offsite sewage into the city's sewer
system.
(2) The city shall, by and through one of its
employees, review the application and if
preliminarily approved shall physically
accompany the person or his representa-
tive making the application to the site
where the sewage is to be introduced into
the city sewer system.
(3) The city, at the expense of the applicant,
will test the sewage material that is to be
pumped into the city sewer system for
compliance with all applicable state
department of environmental protection
and Environmental Protection Agency
Supp. No. 28 CD78:22
UTILITIES
requirements and shall reject the applica-
tion if sewage does not meet the state,
federal and local permit requirements for
sewage to be introduced in city sewer
system.
(4) A representative of the city will monitor
until its completion the pumping of sewage
into the sewer system by the requesting
person.
(5) The fee for this pumpage shall be as set
forth in appendix B to this Code. This fee
shall be in addition to any and all tests of
the sewage material by the city employees.
The person shall be invoiced by the city
for this service.
(6) There shall be no hazardous waste as
identified by state, federal and city
guidelines at any time introduced into
the city sewer system.
(Ord. No. 11-91, § 1(535.08), 11-19-91; Ord. No.
11-2004, § 2, 6-15-04)
Secs. 78-132-78-150. Reserved.
ARTICLE III. SERVICE RATES,
DEPOSITS AND BILLING PROCEDURES*
Sec. 78-151. Deposit required.
(a) Every garbage or sewer customer of the
city shall be required to pay a sum which is set
forth in appendix B to this Code as a deposit for
sewer and garbage and trash collection services.
(b) For new industrial customers whose
monthly sewage charges are based upon water
consumption at existing service location, the
deposit fee shall be equivalent to a three-month
service period for sewer and garbage, plus three
months' penalty charges. Monthly charges are to
be computed upon the average monthly charge
for the previous six-month period. For a new
industrial customer at a new service location, a
deposit fee shall be equivalent to the sewage rate
for the estimated water consumption based upon
the state department of environmental protec-
tion technical information memorandum, § 6.2.1.,
*Cross reference —City treasurer, § 2-141 et seq.
§ 78-153
and the estimated garbage service multiplied by
three, plus three months' penalty charges. This
deposit fee may be recalculated after six months
based upon actual sewage and garbage service
charges. In lieu of the cash deposit required for
industrial customers, the customer may post a
surety bond to the city in an amount equal to the
deposit.
(c) The deposit shall be paid to the city by the
new customer upon occupancy.
(d) The deposit shall be returned to the deposi-
tor upon satisfaction of all outstanding balances,
upon termination of the service.
(e) Any deposit pursuant to this section shall
be refunded to the customer upon the satisfac-
tory completion of 24 months service without a
thirty -day delinquency.
(Code 1981, §§ 672.01, 672.03; Ord. No. 24-94,
§ 1, 7-19-94)
Sec. 78-152. Monthly sewer rates.
(a) Any user of the service of the sewer system
shall pay a monthly charge or rate as set forth in
appendix B to this Code. The schedule of fees is
subject to revision as may be necessary to keep
rates commensurate with the changes in the cost
of providing service and is otherwise subject to
revision due to any regulatory or environmental
factors which increase the cost of sewage treat-
ment. All revisions shall be done by resolution
and shall become effective as of October 1 of each
year. The city council may utilize, as a basis of
any rate increase, a sewer rate study to be
conducted, at a minimum, every five years.
(b) It is the intent of this section that all
condominiums or other developments, particularly
developments with a mixture of housing types,
be charged a sewer rate in accordance with the
type of structure actually built.
(Code 1981, § 671.03; Ord. No. 35-94, § 1,
9-20-94; Ord. No. 9-00, § 1, 8-15-00; Ord. No.
05-2012, § 2, 4-17-12)
Sec. 78-153. Payment of utility charges
required.
Bills for the monthly utility charges and fees
shall be submitted and shall be payable within
Supp. No. 28 CD78:23
§ 78-153 CAPE CANAVERAL CODE
30 days from the billing date. If such monthly
bill shall be and remain unpaid on and after the
30-day grace period, water and sewer service
shall be subject to cutoff. If such monthly bill is
not paid in full by the 30th day following that for
which a billing has been rendered, an amount
equal to ten percent of such bill due shall be
added as a late charge. Upon failure of any user
to pay within 60 days from being billed, the city
shall cut off or cause to be shut off the connection
of such user and shall not furnish him or permit
him to receive from the system further service
until all obligations owed by him to the city on
account of the services shall have been paid in
full. If such sewer service is shut off, before such
service shall be restored the user thereof shall
pay a reinstatement fee in the amount as set
forth in appendix B to this Code, in addition to
any other charges, late charges or penalties due.
The city shall also have a lien on any parcel or
property affected by any unpaid balance accrued
under of article II of this chapter. Such lien shall
be superior and paramount to the interest on
such parcel or property of any owner, lessee,
tenant, mortgagee or other person, except the
lien of county taxes, and shall be on a parity with
the lien of any such county taxes. If any such
service shall not be paid as and when due and
shall be in default for 30 days or more, the
unpaid balance thereof and all interest accrued
thereon, together with reasonable attorney's fees
and costs, may be recovered by the city in a civil
action, and any such lien and accrued interest
may be foreclosed or otherwise enforced by the
city by action or suit in equity as for the foreclosure
of a mortgage under the property.
(Code 1981, § 671.11; Ord. No. 11-2004, § 2,
6-15-04)
Sec. 78-154. Sewer fees where owner has
private water supply.
(a) If the owner of property has his own
private water supply and such owner becomes
more than ten days delinquent in the payment of
his monthly sewage disposal fee after billing, the
city shall have the right to plug the sewer line
leading to the owner's plumbing system. The
owner shall have no right to reconnect this line
or remove the plug until sewage disposal fees
shall have been paid in full, together with a
charge as set forth in appendix B to this Code.
Such charge shall be imposed and added to any
delinquent bill where the sewer line has been
plugged for nonpayment.
(b) If the owner has his own private water
supply, the city shall require a deposit in the
amount set forth in appendix B to this Code for
residential sewage disposal service and in a
sufficient amount as prescribed by the city from
commercial and industrial accounts to cover a
three-month service period; provided, however,
that no such deposit shall exceed an amount set
forth in appendix B to this Code.
(c) Reconnecting the sewer service or remov-
ing the plug in the sewer line until such sewage
disposal fees are paid in full, together with the
charge stated in subsection (a) of this section,
shall be considered a violation of this section.
(Code 1981, § 671.12)
Secs. 78-155-78-175. Reserved.
ARTICLE IV. RECLAIMED WATER*
DIVISION 1. GENERALLY
Sec. 78-176. Definitions.
Except where specific definitions are used
within a specific section of this article for the
purpose of that section, the following terms,
phrases, words and their derivation shall have
meanings provided herein. The word "shall" is
mandatory and the word ''may" is permissive.
Backflow prevention device shall mean either
a dual check device composed of two single
independently active check valves, as described
in the American Water Works Association
Standard C506-78 (R83), and the American Society
of Sanitary Engineering Standard 1024, and/or
reduced pressure principle device, as described
*Editor's note Ord. No. 8-95, § 1, adopted May 2, 1995,
amended the code by deleting and adding a new article IV.
Formerly, such article pertained to similar provisions and
derived from Ord. No. 7-95, § 1, 3-21-95.
Supp. No. 28 CD78:24
UTILITIES § 78-180
in the American Water Works Association
Standard C506-78 (R83), and the American Society
of Sanitary Engineering Standard 1013.
City manager shall mean the city manager of
the city.
Cross -connection refers to any physical connec-
tion or arrangement which would allow the
movement of contaminants or fluids between
any nonpotable water system, such as the
reclaimed water system, and potable water system.
Customer shall mean any person receiving
service or making application for service.
FDEP shall refer to the state department of
environmental protection.
Hose bib means a special connection installed
and provided by the city at certain points of
delivery of reclaimed water that will enable the
customer to attach a hose to use reclaimed water
for non -potable water purposes.
Reclaimed water shall mean highly treated
effluent from the city's wastewater treatment
plant not for human consumption, supplied
through the reclaimed water transmission and
distribution system which meets or exceeds
requirements for public access as set for by
FDEP or its successor in function.
Reclaimed water system shall mean those
reclaimed water storage tank, pumps, transmis-
sion mains, distribution mains, valves and
appurtenances installed in public rights -of -way
or utility easements, and are used to distribute
reclaimed water.
Service line shall mean that conduit to convey
reclaimed water from the distribution main to
the applicant's property line.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 15-98, § 1,
3-17-98)
Sec. 78-177. Connection to the system.
(a) Reclaimed water service may be provided
for properties located within the city service area
which comply with the provisions for such as set
forth in this article and the Land Development
Code. Reclaimed water may be available to
properties within the service area as the distribu-
tion system is extended. All applications for
service shall be reviewed by the city manager
and the public works director, who shall approve
such service only if an adequate supply of
reclaimed water is and will be available to meet
all the anticipated needs. The city manager and
public works director shall review and techni-
cally approve all service line sizes and all other
necessary design components.
(b) The existence of a reclaimed water main
adjacent to or near the premises of an applicant
for the service does not necessarily mean that
the service is available to that location. The city
may install a reclaimed water service line upon
request by an applicant and payment of any/all
appropriate fees by the applicant.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 15-98, § 2,
3-19-98)
Sec. 78-178. Reclaimed water uses.
(a) Reclaimed water distributed by the city
within the city reuse service area is intended
solely for the irrigation of plants.
(b) In the event commercial establishments
propose to use reclaimed water for purposes
other than plant irrigation, any proposed use(s)
shall be evaluated by the city manager or his/her
designee and approved or disapproved based on
this evaluation. In no case will the city approve
any use that may conflict with policies and
regulations of the state or the U.S. Environmental
Protection Agency.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-179. Reserved.
Sec. 78-180. Reclaimed water usage rates.
(a) Rates for reclaimed water service shall be
established by resolution of the city council and
incorporated as a component of the city rate
resolution.
(b) The following Equivalent Reclaimed Irriga-
tion Connections ('ERICs") shall be used to
identify customer service levels based on the size
of the customer's connection to the city's reclaimed
water utility:
1-inch diameter connection = 1 ERIC
Supp. No. 28 CD78:25
§ 78-180
CAPE CANAVERAL CODE
2-inch diameter connection = 4 ERICs
4-inch diameter connection = 12 ERICs
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 04-2012, § 2,
4-17-12)
Sec. 78-181. Right to refuse service.
No payment of fees, submittal of an applica-
tion, or other act to receive reclaimed water
service shall guarantee such service. The city
shall have the right, at all times, to refuse to
extend service on the basis of a use detriment to
the system, inadequate supply of reclaimed water,
lack of payment of required fees, or for any other
reason which, in the judgement of the city
manager, will cause the extension not to be of
benefit to the city.
(Ord. No. 15-98, § 3, 3-17-98)
Secs. 78-182-78-190. Reserved.
DIVISION 2. INSTALLATION AND
INSPECTION OF THE RECLAIMED WATER
SYSTEM
Sec. 78-191. Policies and regulations
adopted; compliance required.
The city shall adopt a reclaimed water system
policies and regulation manual from time to
time. Compliance with said manual is hereby
required.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 11-2004, § 2,
6-15-04)
Sec. 78-192. Inspections.
(a) As authorized by law and as a condition of
receiving reclaimed water service, duly authorized
employees of the city bearing proper identifica-
tion shall be permitted to enter any building,
structure or property served by a connection to
the reclaimed water system of the city for the
purpose of inspecting the piping system or
systems, backflow preventer, valves and/or all
other devices installed by the customer which
connect to or control the reclaimed water system
or use of reclaimed water on such property.
(b) Consent to such access shall be obtained
voluntarily from a person of suitable age and
discretion therein or in control thereof or by
inspection warrant. The refusal of voluntary
access; when requested, shall be considered
evidence of the presence of violation of the
policies and regulations adopted herein.
(c) Inspections shall be at reasonable times
and with reasonable frequency. Where there
exists cause to believe that a violation is commit-
ted, the city may cause the property to be
inspected as necessary to prevent or terminate
the occurrence of such violation(s) as authorized
by law.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-193. Discontinuance of service.
The city manager or his designee is hereby
authorized and directed to discontinue reclaimed
water service to any property, after notice, where
any violation of this article exists, and to take
such other precautionary measures deemed neces-
sary to eliminate any danger of contamination of
the public potable water supply. Reclaimed water
service to such property shall not be restored
until the violation has been eliminated in compli-
ance with the provisions of this article.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-194. Unlawful connections or
practices.
(a) No person shall be authorized to work on
the reclaimed water distribution system without
prior written consent of the city, and then only
under the direction and supervision of the city.
No person shall tamper with, alter, damage, cut
into or make connection with, the reclaimed
water system or any component thereof.
(b) No person shall manipulate valves,
hydrants or blow -offs of the reclaimed water
distribution system or cause water to flow from
the system without prior written consent from
the city.
(c) Any person found violating this article
shall be subject to the procedures and/or penal-
ties provided by law.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 11-2004, § 2,
6-15-04)
Supp. No. 28 CD78:26
UTILITIES § 78-274
Sec. 78-195. Special magistrate or code
enforcement board authority
and violation liability.
(a) The city special magistrate or code enforce-
ment board shall have jurisdiction and authority
to hear and decide alleged violations occurring in
the corporate limits of the city and when war-
ranted levy penalties. Proceedings before the
special magistrate or code enforcement board
shall be governed by its rules and procedures.
(b) Any person or customer found guilty of
violating any of the provisions of this article or
any written order of the city pursuant thereto,
shall pay all penalties, costs and expenses involved
in the case, including reasonable attorney's fees.
Notice of such violation shall be given by deliver-
ing the same to the premises and a copy thereof
sent by certified mail to the billing address.
Each day upon which a violation of this article
occurs shall constitute a separate and additional
violation.
(c) Any person or customer in violation of any
provision of this article shall become liable to the
city for any expense, loss or damage incurred by
the city by reason of such violation, including
reasonable attorney's fees and costs of correcting
the unauthorized work, tampering or damage to
the system.
(d) In addition to any penalty provided by law
for the violation of any provision of this article,
the city may bring suit in the appropriate court
to enjoin, restrain or otherwise prevent the
violation.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 11-2004, § 2,
6-15-04; Ord. No. 11-2019, § 3, 6-18-19)
Cross reference —Code enforcement, § 2-246 et seq.
Sec. 78-196. Public employees liability.
No provision of this article designating the
duties of any city officer or employee shall be
construed to make such officer or employee liable
for any fine or penalty for failure to perform such
duty.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-197. Areas embraced.
All territory within the city and the city reuse
service area shall be governed by this division to
the extent permitted by law.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-198. Cross -connection control.
The public water supply for the city is provided
through a franchise agreement by the City of
Cocoa. Prior to connecting a user to the reclaimed
water system, the public water supply shall be
protected by installation of an approved cross -
connection control assembly in accordance with
the city's cross -connection control and inspection
program and in accordance with the City of
Cocoa's.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-199. Unauthorized use.
No person shall allow any reclaimed water to
be consumed by any human being or animal.
Additionally, no person shall use reclaimed water
for any purpose which would knowingly endanger
the health of any person, animal or plant.
(Ord. No. 8-95, § 1, 5-2-95)
Sec. 78-200. Adoption of chapter 62-610,
F.A.C.
The construction, maintenance and use of the
reclaimed water system of the city shall be in
accordance with the provisions of chapter 62-610,
Florida Administrative Code. In the event any of
the provisions of chapter 62-610 are more restric-
tive than the provisions of the City Code, the
applicable provisions of chapter 62-610, FAC
shall prevail.
(Ord. No. 8-95, § 1, 5-2-95)
Secs. 78-201-78-274. Reserved.
Supp. No. 28 CD78:27
§ 78-275
CAPE CANAVERAL CODE
ARTICLE V. STORMWATER DRAINAGE*
DIVISION 1. GENERALLY
Sec. 78-275. Creation of stormwater drain-
age utility.
Pursuant to the home rule power of article
VIII, section 2, of the Florida Constitution and
F.S. ch. 403, and the powers granted in the
Charter of the City of Cape Canaveral and other
applicable law, the Cape Canaveral City Council
does hereby establish a stormwater drainage
utility and declare its intention to be responsible
for the operation, construction, maintenance and
repair of stormwater facilities; for stormwater
system planning and for lake and river water
quality management.
(Ord. No. 06-2003, § 1, 2-18-03)
Sec. 78-276. Findings, determinations and
powers.
It is hereby found, determined, and declared
that those elements of the stormwater system
which provide for the collection, treatment and
disposal of stormwater and regulation of
groundwater are of benefit and provide services
to all real property within the incorporated city
limits, including property not presently served
by the storm elements of the system. The
beneficiaries of the system include all real proper-
ties within the City of Cape Canaveral which
benefit by the provision, operation and improve-
ment of the system. Such benefits may include,
but are not limited to, the provision of adequate
systems of collection, conveyance, detention, treat-
ment and release of stormwater, the reduction of
hazard to property and life resulting from storm -
water runoff, improvement in general health and
welfare through reduction of undesirable storm -
water conditions, and improvement to the water
quality in the storm and surface water system
and its receiving waters.
The stormwater utility, under the direction of
the stormwater utility director thereof, shall
have the power to:
(1) Prepare regulations as needed to imple-
ment this article, and forward the same
*Cross reference—Stormwater management, ch. 90,
art. W.
to the city council for consideration and
adoption, and adopt such procedures as
are required to implement said regula-
tions or carry out other responsibilities
of the utility;
(2) Administer the acquisition, design,
construction, maintenance, and opera-
tion of the utility system, including capital
improvements designated in the
comprehensive drainage plan;
(3) Administer and enforce this article and
all regulations and procedures adopted
relating to the design, construction,
maintenance, operation of the utility
system including, but not limited to, the
quantity, quality and/or velocity of the
stormwater conveyed thereby;
(4) Inspect private systems as necessary to
determine the compliance of such systems
with this article and any regulations
adopted under this article;
Supp. No, 28 CD78:28
UTILITIES
this division as often as may be neces-
sary to determine compliance with this
division. If a discharger has security
measures in force which require proper
identification and clearance before entry
into its premises, the discharger shall
make the necessary arrangements to allow
access to the stormwater utility director
or designee.
2: Facility operators shall allow the storm -
water utility director or designee ready
access to all parts of the premises for the
purposes of inspection, sampling,
examination and copying of records that
must be kept under the conditions of a
NPDES permit to discharge stormwater,
and the performance of any additional
duties as defined by state and federal
law.
3. The stormwater utility director or designee
shall have the right to set up on any
permitted facility such devices as are
necessary in the opinion of the stormwa-
ter utility director or designee to conduct
monitoring and/or sampling of the facility's
stormwater discharge.
4. The stormwater utility director or designee
has the right to require the discharger to
install monitoring equipment as neces-
sary. The facility's sampling and monitor-
ing equipment shall be maintained at all
times in a safe and proper operating
condition by the discharger at its own
expense. All devices used to measure
stormwater flow and quality shall be
calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction
to safe and easy access to the facility to
be inspected and/or sampled shall be
promptly removed by the operator at the
written or oral request of the stormwater
utility director or designee and shall not
be replaced. The costs of clearing such
access shall be borne by the operator.
6. Unreasonable delays in allowing the
stormwater utility director or designee
access to a permitted facility is a viola-
tion of a stormwater discharge permit
§ 78-410
and of this division. A person who is the
operator of a facility with a NPDES
permit to discharge stormwater associ-
ated with industrial activity commits an
offense if the person denies the stormwa-
ter utility director or designee reason-
able access to the permitted facility for
the purpose of conducting any activity
authorized or required by this division.
7. If the stormwater utility director or
designee has been refused access to any
part of the premises from which storm -
water is discharged, and he/she is able to
demonstrate probable cause to believe
that there may be a violation of this
division, or that there is a need to inspect
and/or sample as part of a routine inspec-
tion and sampling program designed to
verify compliance with this division or
any order issued hereunder, or to protect
the overall public health, safety and
welfare of the community, then the storm -
water utility director or designee may
seek issuance of an inspection warrant
from any court of competent jurisdiction.
(Ord. No. 07-2013, § 2, 6-18-13)
Sec. 78-410. Requirements to prevent,
control, and reduce stormwa-
ter pollutants by the use of
BMPs.
The City of Cape Canaveral will adopt require-
ments identifying BMPs for any activity, opera-
tion or facility which may cause or contribute to
pollution or contamination of stormwater, the
storui drain system or waters of the U.S. The
owner or operator of a commercial or industrial
establishment shall provide, at their own expense,
reasonable protection from accidental discharge
of prohibited materials or other wastes into the
MS4 or watercourses through the use of these
structural and non-structural BMPs. Further,
any person responsible for a property or premise,
which is, or may be, the source of an illicit
discharge, may be required to implement, at said
person's expense, additional structural and non-
structural BMPs to prevent the further discharge
of pollutants to the MS4. Compliance with all
terms and conditions of a valid NPDES permit
Supp. No. 28 CD78:39
§ 78-410
CAPE CANAVERAL CODE
authorizing the discharge of stormwater associ-
ated with industrial activity, to the extent
practicable, shall be deemed in compliance with
the provisions of this section. These BMPs shall
be part of a SWPPP as necessary for compliance
with requirements of the NPDES permit.
(Ord. No. 07-2013, § 2, 6-18-13)
Sec. 78-411. Watercourse protection.
Every person owning property through which
a watercourse passes, or such person's lessee,
shall keep and maintain that part of the
watercourse within the property free of trash,
debris, excessive vegetation and other obstacles
that would pollute, contaminate or significantly
retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain
existing privately owned structures within or
adjacent to a watercourse, so that such structures
will not become a hazard to the use, function or
physical integrity of the watercourse.
(Ord. No. 07-2013, § 2, 6-18-13)
Sec. 78-412. Notification of spills.
Notwithstanding other requirements of law,
as soon as any person responsible for a facility or
operation, or responsible for emergency response
for a facility or operation has information of any
known or suspected release of materials which
are resulting or may result in illegal discharges
or pollutants discharging into stormwater, the
storm drain system or water of the U.S., said
person shall take all necessary steps to ensure
the discovery, containment and cleanup of such
release. In the event of such a release of hazard-
ous materials, said person shall immediately
notify emergency response agencies of the occur-
rence via emergency dispatch services. In the
event of a release of non -hazardous materials,
said person shall notify the stormwater utility
director in person or by telephone or facsimile
within 24 hours. Notifications in person or by
telephone shall be confirmed by written notice
addressed and mailed to the stormwater utility
director or designee within 72 hours of the
telephone notice. If the discharge of prohibited
materials emanates from a commercial or
industrial establishment, the owner or operator
of such establishment shall also retain an on -site
written record of the discharge and the actions
taken to prevent its recurrence. Such records
shall be retained for at least three years.
(Ord. No. 07-2013, § 2, 6-18-13)
Sec. 78-413. Enforcement.
The special magistrate or code enforcement
board shall have jurisdiction to hear and decide
alleged violations of this division. Each day of
violation shall constitute a separate violation.
(Ord. No. 07-2013, § 2, 6-18-13; Ord. No. 11-2019,
§ 3, 6-18-19)
Supp. No. 28 CD78:40
BUILDINGS AND BUILDING REGULATIONS
Article X. Reserved
Sec. 82-233. Reserved.
Articles Reserved
Secs. 82-234--82-365. Reserved.
Article XIV. Numbering of Buildings and Property
Sec. 82-366. Purpose.
Sec. 82-367. System established; incorporation of map.
Sec. 82-368. Administration.
Sec. 82-369. Assignment of numbers.
Sec. 82-370. Numbering multiple -family structures.
Sec. 82-371. Posting and specifications of numbers.
Secs. 82-372-82-374. Reserved,
Article XV. Citations; Unlicensed Contractors; Failure to Obtain
Building Permit
Sec. 82-375. Intent and purpose.
Sec. 82-376. Findings.
Sec. 82-377. Citation authorized for construction contracting violations.
Sec. 82-378. Citation form.
Sec. 82-379. Penalty.
Sec. 82-380. Refusal to sign citation.
Sec. 82-381. Stop work.
Sec. 82-382. Correction of violation; payment of penalty; notice of hearing.
Sec. 82-383. Administrative hearings; accrual of penalties.
Sec. 82-384. Appeals of special magistrate or code enforcement board deci-
sions.
Sec. 82-385. Recording special magistrate or code enforcement board orders.
Sec. 82-386. Notices.
Secs. 82-387-82-399. Reserved.
Article XVI. Temporary Storage Units
Sec. 82-400. Temporary storage units.
Supp. No. 28 CD82:2.1
BUILDINGS AND BUILDING REGULATIONS
purpose in a manner exhibiting wanton and
willful disregard of the safety, health and welfare
of the public.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-14. Permit intent.
A permit issued shall be construed to be a
license to proceed with the work and not as
authority to violate, cancel, alter or set aside any
of the provisions of the technical codes, nor shall
issuance of a permit prevent the building official
from thereafter requiring a correction of errors
in plans, construction, or violations of this code.
Every permit issued shall become invalid unless
the work authorized by such permit is com-
menced within six months after its issuance, or if
the work authorized by such permit is suspended
or abandoned for a period of six months after the
time work is commenced. The permit shall become
invalid after three years from the date of its
issuance in zoning districts of the city, unless the
building or buildings subject to the permit have
exteriors and landscaping which are in substantial
compliance with the plans and specifications and
comply with the provisions of section 34-96,
section 34-97, subsections 34-98(3)—(9), and (11),
section 34-99, and section 34-122 of the City
Code of Ordinances. Extensions of time for build-
ing permits may be granted only by the city
council. Further, any unfinished buildings or
structures for which a permit has lapsed or
otherwise become invalid, and where the appear-
ance and other conditions of such unfinished
building or structure substantially detracts from
the appearance of the immediate neighborhood,
or reduces the value of property in the immedi-
ate neighborhood, or is a nuisance shall be
deemed to be a violation of the above referenced
code sections, which violation may be enforced by
the special magistrate or code enforcement board.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 11-2019,
§ 3, 6-18-19)
Sec. 82-15. Schedule of permit fees.
(a) Payment. No permit required under this
chapter shall be issued unless and until all
permit fees and permit fines established by
resolution of the city council are paid in full.
§ 82-17
(b) Amendment of permit. An amendment to a
permit shall not be approved or issued unless
and until any additional fees are paid in full.
(c) Refund. No refund of any permit fees shall
be issued after the expiration of 30 calendar days
from the date of issuance as stated on such
permit. Administrative and plan review fees
shall not be subject to refund under any
circumstances.
(d) Final inspection. Failure to obtain a final
approved inspection for a permit prior to its
expiration shall result in a $100.00 fine being
levied against the permit applicant. No further
permits may be issued to any permit applicant
with an outstanding fine, or to any permit
applicant with an expired permit due to failure
to obtain a final inspection, until all such outstand-
ing fines are paid in full. However, the building
official may waive such fine and/or restriction for
good cause shown.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 08-2009,
§ 2, 8-18-09)
Sec. 82-16. Additional data.
The building official shall be allowed to require
details, computations, stress diagrams, and other
data necessary to describe the construction or
installation and the basis of calculations. All
drawings, specifications and accompanying data
required by the building official to be prepared
by an architect or engineer shall be affixed with
their official seal.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-17. Hazardous occupancies.
The building official may require the follow-
ing:
(1) General site plan. A general site plan
drawn at a legible scale which shall
include, but not be limited to, the loca-
tion of all buildings, exterior storage
facilities, permanent access ways, evacu-
ation routes, parking lots, internal roads,
chemical loading areas, equipment clean-
ing areas, storui and sanitary sewer
accesses, emergency equipment and
adjacent property uses. The exterior stor-
age areas shall be identified with the
Supp. No. 28 CD82:5
82-17
CAPE CANAVERAL CODE
hazard classes and the maximum quanti-
ties per hazard class of hazardous materi-
als stored.
(2) Building floor plan. A building floor plan
drawn to a legible scale, which shall
include, but not be limited to, all hazard-
ous materials storage facilities within
the building and shall indicate rooms,
doorways, corridors, exits, fire -rated.
assemblies with their hourly ratings, loca-
tion of liquid -tight rooms, and evacua-
tion routes. Each hazardous materials
storage facility shall be identified on the
plan with the hazard classes and quantity
range per hazard class of the hazardous
materials stored.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-18. Special foundation permit.
When application for permit to erect or enlarge
a building has been filed and pending issuance of
such permit, the building official may, at his
discretion, issue a special permit for the founda-
tion only. The holder of such a special permit is
proceeding at his or her own risk and without
assurance that a permit for the remainder of the
work will be granted or that corrections will not
be required in order to meet provisions of the
technical codes.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-19. Public right-of-way.
A permit shall not be given by the building
official for the construction of any building, or for
the alteration of any building where said build-
ing is to be changed and such change will affect
the exterior walls, bays, balconies, or other append-
ages or projections fronting on any street, alley
or public lane, or for the placing on any lot or
premises of any building or structure removed
from another lot or premises, unless the applicant
has made application for right-of-way permits
from the authority having jurisdiction over the
street, alley or public lane.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-20. Existing building inspections.
Before issuing a permit, the building official
may examine or cause to be examined any
building, electrical, gas, mechanical, or plumb-
ing systems for which an application has been
received for a permit to enlarge, alter, repair,
move, demolish, install, or change the occupancy.
The building official shall inspect all building
structures, electrical, gas, mechanical and plumb-
ing systems, from time to time, during and upon
completion of the work for which a permit was
issued. He shall make record of every such
examination and inspection and of all violations
of the technical codes.
Sec. 82-21. Inspection service.
The building official may make, or cause to be
made, the inspections required by the Florida
Building Code. He or she may accept reports of
inspectors of recognized inspection services,
provided that after investigation he is satisfied
as to their licensure qualifications and reli-
ability. A certificate required by any provision of
this code shall not be based on such reports
unless the same are in writing and certified by
the building code inspector or the architect or
engineer performing building code inspections.
The building official shall ensure that all persons
making such inspections shall be certified in
accordance to F.S. ch. 468.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-22. Tests.
For products not covered under the statewide
product evaluation and approval system, the
building official may require tests or test reports
as proof of compliance. Required tests are to be
made at the expense of the owner, or his agent,
by an approved testing laboratory or other
approved agency.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-23. Violations and penalties.
Any person, firm, corporation or agent who
shall violate a provision of this Code, or fail to
comply therewith, or with any of the require-
ments thereof, or who shall erect, construct,
alter, install, demolish or move any structure,
Supp. No. 28 CD82:6
BUILDINGS AND BUILDING REGULATIONS § 82-33
electrical, gas, mechanical or plumbing system,
or has erected, constructed, altered, repaired,
moved or demolished a building, structure, electri-
cal, gas, mechanical or plumbing system, in
violation of a detailed statement or drawing
submitted and permitted there under, shall be
guilty of a misdemeanor of the second degree
punishable under section 1-15 of the City of Cape
Canaveral Code of Ordinances. Each such person
shall be considered guilty of a separate offense
for each and every day or portion thereof during
which any violation of any of the provisions of
this code is committed or continued, and upon
conviction of any such violation such person
shall be punished within the limits and as
provided by Florida laws.
(Ord. No. 06-2001, § 1, 12-4-01)
Secs. 82-24-82-30. Reserved.
ARTICLE II. BUILDING CODE
Sec. 82-31. Florida Building Code adopted.
The Florida Building Code 2010 edition, as
may be amended from time to time, as published
by the Florida Building Commission, shall be
known as the City of Cape Canaveral Building
Code and is hereby adopted by reference and
incorporated herein as if fully set out.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
§ 2, 10-4-05; Ord. No. 02-2009, § 2, 3-3-09; Ord.
No. 01-2012, § 2, 2-21-12)
Sec. 82-32. Establishment of construction
board of adjustment and appeals.
There is hereby established a board to be
called the construction board of adjustment and
appeals, which shall consist of five members.
(a) Composition. Members of the construc-
tion board of adjustment and appeals
should be composed of individuals with
knowledge and experience in the techni-
cal codes, such as design professionals,
contractors or building industry
representatives.
(b) Powers. The construction board of adjust-
ments and appeals shall have the power,
as further defined in section 82-33, to
hear appeals of decisions and interpreta-
tions of the building official and consider
variances of the technical codes.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2003,
§ 8, 7-1-03)
Sec. 82-33. Appeals.
(a) Decisions of the building official. The owner
of a building, structure or service system, or his
duly authorized agent, may appeal a decision of
the building official to the construction board of
adjustment and appeals whenever any one of the
following conditions are claimed to exist:
(1) The building official rejected or refused
to approve the mode or manner of
construction proposed to be followed or
materials to be used in the installation or
alteration of a building, structure or
service system.
(2) The provisions of this code do not apply
to this specific case.
(3) That an equally good or more desirable
form of installation can be employed in
any specific case.
(4) The true intent and meaning of this code
or any of the regulations thereunder
have been misconstrued or incorrectly
interpreted.
(b) Variances. The construction board of adjust-
ments and appeals, when so appealed to and
after a hearing, may vary the application of any
provision of this code to any particular case
when, in its opinion, the enforcement thereof
would do manifest injustice and would be contrary
to the spirit and purpose of this or the technical
codes or public interest, and also finds all of the
following:
(1) That special conditions and circumstances
exist which are peculiar to the building,
structure or service system involved and
which are not applicable to others.
(2) That the special conditions and
circumstances do not result from the
action or inaction of the applicant.
Supp. No. 28 CD82:7
§ 82-33
CAPE CANAVERAL CODE
(3) That granting the variance requested
will not confer on the applicant any
special privilege that is denied by this
code to other buildings, structures or
service system.
(4) That the variance granted is the minimum
variance that will make possible the
reasonable use of the building, structure
or service system.
(5) That the granting of the variance will be
in harmony with the general intent and
purpose of this code and will not be
detrimental to the public health, safety
and general welfare.
(c) Conditions of the variance. In granting the
variance, the board may prescribe a reasonable
time limit within which the action for which the
variance is required shall be commenced or
completed or both. In addition, the board may
prescribe appropriate conditions and safeguards
in conformity with this code. Violation of the
conditions of a variance shall be deemed a
violation of this code.
(d) Notice of appeal. Notice of appeal shall be
in writing and filed within 30 calendar days
after the decision is rendered by the building
official. Appeals shall be in a form acceptable to
the building official.
(e) Unsafe or dangerous buildings or service
systems. In the case of a building, structure or
service system which, in the opinion of the
building official, is unsafe, unsanitary or danger-
ous, the building official may, in his order, limit
the time for such appeals to a shorter period.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-34. Procedures of the board.
(a) Rules and regulations. The board shall
establish rules and regulations for its own
procedure not inconsistent with the provisions of
this code. The board shall meet on call of the
chairperson. The board shall meet within 30
calendar days after notice of appeal has been
received.
(b) Decision. The construction board of adjust-
ment and appeals shall, in every case, reach a
decision without unreasonable or unnecessary
delay. Each decision of the board shall also
include the reasons for the decision. If a decision
of the board reverses or modifies a refusal, order,
or disallowance of the building official or varies
the application of any provision of this code, the
building official shall immediately take action in
accordance with such decision. Every decision
shall be promptly filed in writing in the office of
the building official and shall be open to public
inspection. A certified copy of the decision shall
be sent by mail or otherwise to the appellant and
a copy shall be kept publicly posted in the office
of the building official for two weeks after filing.
Every decision of the board shall be final, subject
however to such remedy as any aggrieved party
might have at law or in equity.
(Ord. No. 06-2001, § 1, 12-4-01)
Secs. 82-35-82-55. Reserved.
ARTICLE III. UNSAFE BUILDING
ABATEMENT CODE
Sec. 82-56. Standard Unsafe Building Abate-
ment Code adopted.
The Standard Unsafe Building Abatement
Code, 1985 edition, as published by the Southern
Building Code Congress International, Inc., is
hereby adopted by reference and incorporated
herein as if fully set. The Standard Unsafe
Building Abatement Code is hereby amended to
read as follows:
(a) Section 105.1. The special magistrate or
code enforcement board shall serve as
the board of adjustment and appeals for
this code.
(b) Section 605. Cost of repair or demolition;
lien on property: collection.
1. Upon repair or demolition of any
building or structure, either with
city crews or by independent contrac-
tor, all costs of demolition and/or
repair shall be assessed against and
constitute a lien on the property
upon which the building or structure
is/was situated. The lien shall be
equal in rank, priority and dignity
with the lien of Brevard County ad
Supp. No. 28
CD82:8
BUILDINGS AND BUILDING REGULATIONS
valorem taxes and shall be superior
to all other liens, encumbrances,
titles and claims in, to or against
the property. Cost shall include, but
not limited to, administrative cost,
attorney's fees, postage, newspaper
publication fees and actual costs of
physical removal and/or repair.
2. The city clerk shall file such lien in
the public records of Brevard County
Florida, showing the nature of the
lien, the amount thereof, a legal
description of the property and the
owner thereof. Such liens shall bear
interest from the date of filing at
the highest rate allowed by law.
3. The lien may be enforced in the
same manner as a court judgment
by the sheriffs of the State of Florida,
including levy against personal
property, and may also be foreclosed
in the nature of a mortgage. All
costs and attorney's fees incurred in
collection of amounts due under any
such lien shall also be secured by
the property and included within
the total sum due under the lien.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 16-2017,
§ 2, 1-16-18; Ord. No. 11-2019, § 3, 6-18-19)
Secs. 82-57-82-87. Reserved.
ARTICLE IV. COASTAL CONSTRUCTION
CODE
Sec. 82-88. Structural requirements for
major structures.
(a) Design and construction. Major structures,
except for mobile homes, shall be designed and
constructed in accordance with chapter 16 of the
building code adopted in section 82-31 using a
three -second gust at 130 miles per hour. Major
structures, except mobile homes, shall also comply
with the applicable standards for construction
found elsewhere in this code.
§ 82-116
(b) Mobile homes. Mobile homes shall conform
to the federal mobile home construction and
safety standards or the Uniform Standards Code
ANSI A-119.1, pursuant to F.S. § 320.823, as
well as subsection (c) of this section.
(c) Elevation, floodproofing and siting. All
major structures shall be designed, constructed
and located in compliance with the national flood
insurance regulations as found in 44 CFR 59 and
60 or section 90-26 et seq. pertaining to flood
damage prevention, whichever is more restric-
tive.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
§ 2, 10-4-05)
Sec. 82-89. Design conditions.
Velocity pressure. Major structures, except
mobile homes, shall be designed in accordance
with chapter 16 of the building code adopted in
section 82-31.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
§ 2, 10-4-05)
Secs. 82-90-82-115. Reserved.
ARTICLE V. REGISTRATION AND
MAINTENANCE OF PROPERTIES IN
FORECLOSURE
Sec. 82-116. Purpose and intent.
Vacant buildings and real property under
foreclosure are a major source of blight in com-
mercial and residential neighborhoods, especially
when the owner or mortgagee fails to properly
maintain said buildings and property. Vacant
buildings and real property under foreclosure
can also have a negative impact on the local
economy. In many cases, real property under
foreclosure often suffers from lack of maintenance
and becomes neglected during the time it takes a
mortgagee to complete the foreclosure process
and secure the property. Such blight and nega-
tive conditions are hereby declared a public
nuisance. It is the purpose and intent of this
article to establish registration and maintenance
requirements for vacant properties and proper-
ties under foreclosure as a mechanism to protect
Supp. No. 28 CD82:9
§ 82-116
CAPE CANAVERAL CODE
neighborhoods from becoming blighted and
nuisances through lack of adequate maintenance
and security.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-117. Definitions.
In construing the provisions of this article, the
following definitions shall apply:
Building means any structure approved for
occupancy by the city.
Default means the mortgagee files a foreclosure
action in a court of law or records a lis pendens.
Enforcement officer means any code enforce-
ment officer, law enforcement officer, building
official, or fire inspector employed by or contract-
ing with the City of Cape Canaveral authorized
to enforce this article.
Evidence of vacancy means any real property
condition that independently, or in the context of
the totality of the circumstances relevant to the
real property, would lead a reasonable person to
believe that the real property is vacant. Such
conditions may include, but not be limited to,
lack of human occupancy of any building for a
long period of time, overgrown or dead vegeta-
tion; electricity and other utilities turned off;
stagnant swimming pool; accumulation of trash
or debris; the absence of window coverings such
as curtains, blinds, or shutters; the absence of
furnishings or personal items consistent with
habitation or occupancy of a building; state-
ments by neighbors, delivery or government
agents.
Foreclosed property means real property that
is in default.
Local property manager means an individual
property manager, property management
company, property maintenance company or
similar entity with a current business address
and land line telephone number within Brevard,
Indian River, Orange, Osceola, Seminole, or Volu-
sia County, designated by the owner or mortgagee
responsible for the maintenance of abandoned
real property.
Owner of record means the person or entity
holding recorded title to the real property in
question as reflected in the Official Records of
Brevard County, Florida.
Secure manner shall include, but not be limited
to, the closure and locking of all windows, doors,
gates, garages, and other openings that may
allow access to the interior of any building or
structure on the real property. In the case of
broken windows or doors, securing shall mean
replacing the window or door. Temporary board-
ing of openings may be allowed pending repairs
to the extent required by the enforcement officer
to address public safety and emergency situa-
tions.
Vacant means any building that is not law-
fully occupied by human beings or inhabited
based on the evidence of vacancy.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-118. Registration requirements.
(a) Any mortgagee who holds a mortgage on
real property located within the city shall, within
ten days of default by the mortgagor of the real
property that is the security for the mortgage,
register the property with the city. Registration
shall be on a form provided by the city and shall
include, at a minimum, the following:
(1) The mortgagee's name, direct mailing
address, e-mail address, contact person,
and telephone number;
(2) The address and parcel identification
number of the real property that is being
foreclosed upon by mortgagee;
(3) Whether the property is vacant or occupied
during the default period;
(4) If the real property is, or becomes, vacant,
the name, street address, e-mail address,
and telephone number of the local property
manager that will work on the mortgagee's
behalf to inspect, maintain, and secure
the real property;
(5) If a foreclosure complaint involving the
real property has been filed in circuit
court, or the real property is subject to a
Supp. No. 28 CD82:10
BUILDINGS AND BUILDING REGULATIONS
bankruptcy proceeding, the style of the
case, including, court name, case number,
and parties;
(6) Express authorization for city employees
to enter upon the exterior of the property
in the event the property becomes vacant
for the purpose of ensuring compliance
with this article.
(b) At the city's discretion, registration required
by this section shall be made on a paper form or
electronically. If the city chooses electronic
registration, the city may retain the services of a
third party to handle the registration require-
ments, provided the information obtained pursu-
ant to this section is made readily available to
the city and accessible pursuant to the public
records laws of Florida.
(c) Any person or other legal entity that has
registered a property under this section shall be
required to report any change of information
contained in the registration within ten days of
the change.
(d) In the event there are several mortgagees
with mortgages on the property, the registration,
inspection, maintenance, and security require-
ments imposed by this article shall apply to the
mortgagee with the most superior mortgage that
has declared the mortgage in default unless the
several mortgagees notify the city to the contrary
in writing. However, nothing herein shall prevent
inferior mortgagees from voluntarily complying
with this article after a primary mortgagee
registers hereunder.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-119. Registration fees.
The city council shall establish, by resolution,
fees for the registration and re -registration
requirements required by this article. Said fees
shall be based on the reasonable estimated cost
of administering the provisions of this article
and shall be due and payable at the time of
registration or re -registration. The fee schedule
may be based on the size and type of property
being registered.
(Ord. No. 07-2012, § 2, 5-15-12)
82-121
Sec. 82-120. Mortgagee inspection require-
ments.
If the foreclosed property becomes vacant at
any time, the mortgagee shall initiate and
maintain on -site inspections of the property at
least once every 30 days to verify compliance
with this article. Said inspections shall continue
until such time as the default is cured, or the
mortgagee completes the foreclosure process and
the property is sold to a third party either
directly by the mortgagee or at a foreclosure
sale. Once the property is sold, the mortgagee
shall provide the city written proof of the sale in
order to be relieved of the requirements of this
article.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-121. Maintenance requirements.
The following maintenance requirements shall
apply to properties subject to this article:
(a) The property shall be kept free of exces-
sive weeds, overgrown brush, dead vegeta-
tion, trash, junk, debris, building
materials, any accumulation of
newspapers, circulars, flyers, notices
(excluding those required by federal, state,
or local law), discarded personal items
such as furniture, clothing, appliances,
printed materials or any other items that
give the appearance that the property is
abandoned or not being properly
maintained.
(b) The property shall be maintained free of
graffiti or similar markings by removal
or painting over with an exterior grade
paint that matches the color of the exterior
of the structure.
(c) Yards on developed property shall be
regularly landscaped and maintained in
good condition pursuant to the property
maintenance standards set forth in the
City Code. At a minimum, landscaping
on developed property shall include, but
not be limited to, grass, ground covers,
bushes, shrubs, hedges, mulch, or similar
plantings which are appropriately
designed for residential, commercial, or
industrial installation as applicable.
Supp. No. 28 CD82:11
§ 82-121
CAPE CANAVERAL CODE
Maintenance on developed property shall
include, but not be limited to, watering,
irrigation, cutting and mowing of required
landscape and removal of all trimmings.
Undeveloped property that has been
cleared shall be maintained in good condi-
tion free of excessive weeds, debris, and
junk pursuant to the property
maintenance standards set forth in the
City Code. Property in a natural condi-
tion shall be maintained in its natural
condition free and clear of debris and
junk.
(d) Pools and spas shall be regularly kept in
working order so that pool and spa water
remains free and clear of pollutants and
debris. Pools and spas shall comply with
the enclosure requirements of the City
Code and Florida Building Code.
(e) Outdoor play equipment, furnishings, or
other accessory structures shall be
properly maintained and secured so as
not to be accessible to unauthorized
persons or not to create an attractive
nuisance or safety hazard.
(f) The property shall be regularly monitored
for indications of criminal activity on the
premises such as use and sale of controlled
substances, prostitution, and criminal
street gang activity. Any indication of
criminal activity shall be reported to the
sheriffs department at such time it
becomes reasonably known.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-122. Security requirements.
(a) Buildings and structures subject to this
article, and property subject to this article which
is required to be enclosed or secured in accordance
with law, shall be maintained in a secure manner
at all times so as not to be accessible to unauthor-
ized persons.
(b) If a foreclosed property becomes vacant,
the mortgagee shall perform, or designate a local
property manager to perform on the mortgagee's
behalf, on -site inspections of the foreclosed
property to verify compliance with the require-
ments of this article, and any other applicable
laws. Said inspections shall occur a minimum of
once every 30 calendar days unless an enforce-
ment officer determines, in writing, that more
frequent inspections are required to ensure compli-
ance with this article or to prevent a decline of
the property, a public or attractive nuisance, or a
blight on the surrounding neighborhood. At the
written request of the city prior to any inspection
required by this article, the person performing
the inspection shall be required to schedule the
inspection with the city for a date and time
certain so that an enforcement officer can meet
the person on -site in order to address any compli-
ance issues under this article.
(c) When a foreclosed property becomes vacant,
it shall be posted as follows:
(1) The posting shall contain the name and
telephone number of the local property
manager, who shall be accessible at said
telephone number 24 hours per day. The
posting shall be on white paper 81/2 by 11
inches in size and shall be in a type no
smaller than 24 point.
(2) The posting shall contain language
substantially similar to the following:
THIS PROPERTY IS MANAGED BY
[NAME OF LOCAL PROPERTY
MANAGER]. TO REPORT PROBLEMS
OR CONCERNS, CALL [TELEPHONE
NUMBER(S) OF LOCAL PROPERTY
MANAGER].
(3) The posting shall be placed on the interior
of a window facing the street to the front
of the property so that it is visible from
the street, or secured to the exterior of
the building/structure facing the street
to the front of the property so that it is
visible from the street, or if no such area
exist, on a stake of sufficient size to
support the posting in a location that is
at all times visible from the street to the
front of the property but not readily
accessible to vandals. Exterior posting
shall be constructed of and printed with
weather -resistant materials.
(Ord. No. 07-2012, § 2, 5-15-12)
Supp. No. 28
CD82:12
BUILDINGS AND BUILDING REGULATIONS
Sec. 82-123. Additional authority of enforce-
ment officers; immunity.
(a) Enforcement officers shall have the author-
ity to require the mortgagee and/or owner of
record affected by this section to implement
additional maintenance and/or security measures
including, but not limited to, securing or repair-
ing of any and all doors, windows, or other
openings, chaining or pad locking gates, repair-
ing fences and gates, or other measure as may be
reasonably required to prevent a decline of the
property, a public or attractive nuisance, or a
blight on the surrounding neighborhood.
Temporary boarding of openings may be allowed
pending repairs to the extent required by an
enforcement officer to address public safety and
emergency situations. Said additional require-
ments shall be stated in writing and shall have
the force of law under this article.
(b) Any enforcement officer authorized by the
city to enforce this article shall be immune from
prosecution, civil or criminal, for reasonable
good faith entry or trespass upon any real property
while in the discharge of duties imposed by this
article.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-124. Enforcement; penalties.
(a) The provisions of this article may be
enforced and penalties imposed on mortgagees
and/or owners of record for violations of this
article as provided by law. Without limiting the
city's right to impose any other penalties as
provided by law, or to enforce this article by any
other lawful means, a violation of this article
shall be deemed a class IV violation for code
enforcement citation purposes. Nothing under
this article shall be construed as imposing liability
on local property managers acting on a
mortgagee's behalf pursuant to this article.
(b) Upon failure of the mortgagee to comply
with the maintenance or security requirements
under this article, the city manager or designee
may take such appropriate action deemed neces-
sary to remedy a maintenance and security
failure on property subject to this article. Any
such action taken on such premises shall be
charged against the real estate upon which the
§ 82-146
building or structure is located and shall be a
lien upon such real estate. Any such lien shall be
superior to all other liens except those of state,
county or municipal taxes and shall be on a
parity with liens of state, county or municipal
taxes. Further, such lien shall bear interest at
the maximum rate permitted by state law and
costs of collection, and shall continue to be a lien
against the real estate until paid.
(Ord. No. 07-2012, § 2, 5-15-12)
Sec. 82-125. Supplemental authority.
This article shall be deemed in addition and
supplemental to any other provision of law.
(Ord. No. 07-2012, § 2, 5-15-12)
Secs. 82-126--82-145. Reserved.
ARTICLE VI. LOCAL AMENDMENTS TO
FLORIDA BUILDING CODE, BUILDING*
Sec. 82-146. Administrative amendments to
Florida Building Code, Build-
ing.
Add a new Sec. 104.10.1 as follows:
104.10.1 Modifications of the strict application
of the requirements of the Florida Building
Code. The Building Official shall coordinate
with the Floodplain Administrator to review
requests submitted to the Building Official
that seek approval to modify the strict applica-
tion of the flood resistant construction require-
ments of the Florida Building Code to determine
whether such requests require the granting of
a variance pursuant to Section 117.
Add a new Sec. 107.6.1 as follows:
107.6.1 Building permits issued on the basis of
an affidavit. Pursuant to the requirements of
federal regulation for participation in the
National Flood Insurance Program (44 C.F.R.
Sections 59 and 60), the authority granted to
the Building Official to issue permits, to rely
on inspections, and to accept plans and
*Editor's note —Prior to reenactment by Ord. No. 04-2014,
§ 4, adopted Feb. 18, 2014, Ord. No. 12-2005, § 3, adopted
Oct. 4, 2005, repealed art. VI, which pertained to plumbing
and derived from Ord. No. 06-2001, § 1, adopted Dec. 4, 2001
Supp. No. 28 CD82:13
§ 82-146
CAPE CANAVERAL, CODE
construction documents on the basis of
affidavits and plans submitted pursuant to
Section 105.14 and Section 107.6, shall not
extend to the flood load and flood resistance
construction requirements of the Florida Build-
ing Code.
Add a new Sec. 117 as follows:
117 VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section
553.73(5), Florida Statutes, the variance
procedures adopted in Article II of Chapter 90
of this Code shall apply to requests submitted
to the Building Official for variances to the
provisions of Section 1612.4 of the Florida
Building Code, Building or, as applicable, the
provisions of R322 of the Florida Building
Code, Residential. This section shall not apply
to Section 3109 of the Florida Building Code,
Building.
(Ord. No. 04-2014, § 4, 2-18-14)
Sec. 82-147. Technical amendments to
Florida Building Code,
Residential.
Modify a definition in Section 202 as follows:
SUBSTANTIAL IMPROVEMENT. Any
co m bin ation of repair, recon s fru ction,
rehabilitation, addition or improvement of a
building or structure taking place during a
10-year period, the cumulative cost of which
equals or exceeds 50 percent of the market
value of the structure before the improvement
or repair is started. For each building or
structure, the 10-year period begins on the
date of the first improvement or repair of
building or structure subsequent to April 9,
2002. If the structure has sustained substantial
damage, any repairs are considered substantial
improvement regardless of the actual repair
performed. The term does not, however, include
either:
1. Any project for improvement of a build-
ing required to correct existing health,
sanitary or safety code violations identi-
fied by the building official and that are
the minimum necessary to assure safe
living conditions.
2. Any alteration of a historic structure
provided that the alteration will not
preclude the structure's continued
designation as a historic structure.
Modify Sec. R322.2.1 as follows:
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard
areas not designated as Coastal A Zones
shall have the lowest floors elevated to or
above the base flood elevation plus 1 foot
or the design flood elevation, whichever
is higher.
2. Buildings and structures in flood hazard
areas designated as Coastal A Zones
shall have the lowest floors elevated to or
above the base flood elevation plus 1 foot
(305 mm), or to the design flood eleva-
tion, whichever is higher.
3. In areas of shallow flooding (AO Zones),
buildings and structures shall have the
lowest floor (including basement) elevated
at least as high above the highest adjacent
grade as the depth number specified in
feet on the FIRM plus 1 foot, or at least 3
feet if a depth number is not specified.
4. Basement floors that are below grade on
all sides shall be elevated to or above the
base flood elevation plus 1 foot or the
design flood elevation, whichever is higher.
Exception: Enclosed areas below the design
flood elevation, including basements whose
floors are not below grade on all sides, shall
meet the requirements of Section R322.2.2.
Modify Sec. R322.3.2 as follows:
R322.3.2 Elevation requirements.
1. All buildings and structures erected within
coastal high -hazard areas shall be elevated
so that the lowest portion of all structural
members supporting the lowest floor, with
the exception of mat or raft foundations,
piling, pile caps, columns, grade beams
and bracing, is:
1.1 Located at or above the base flood
elevation plus 1 foot or the design
flood elevation, whichever is higher,
Supp. No. 28 CD82:14
BUILDINGS AND BUTLDING REGULATIONS
if the lowest horizontal structural
member is oriented parallel to the
direction of wave approach, where
parallel shall mean less than or
equal to 20 degrees (0.35 rad) from
the direction of approach, or
1.2 Located at the base flood elevation
plus 2 feet, or the design flood eleva-
tion, whichever is higher, if the
lowest horizontal structural member
is oriented perpendicular to the direc-
tion of wave approach, where
perpendicular shall mean greater
than 20 degrees (0.35 rad) from the
direction of approach.
2. Basement floors that are below grade on
all sides are prohibited.
3. The use of fill for structural support is
prohibited.
4. Minor grading, and the placement of
minor quantities of fill, shall be permit-
ted for landscaping and for drainage
purposes under and around buildings
and for support of parking slabs, pool
decks, patios and walkways.
Exception: Walls and partitions enclosing areas
below the design flood elevation shall meet
the requirements of Sections R322.3.4 and
R322.3.5.
(Ord. No. 04-2014, § 4, 2-18-14)
Sec. 82-148. Technical amendments to
Florida Building Code, Build-
ing.
Modify a definition in Section 1612.2. as
follows:
SUBSTANTIAL IMPROVEMENT. Any
combination of repair, reconstruction,
rehabilitation, addition or improvement of a
building or structure taking place during a
10-year period, the cumulative cost of which
equals or exceeds 50 percent of the market
value of the structure before the improvement
or repair is started. For each building or
structure, the 10-year period begins on the
date of the first improvement or repair of
building or structure subsequent to April 9,
§ 82-221
2002. If the structure has sustained substantial
damage, any repairs are considered substantial
improvement regardless of the actual repair
perfoimed. The term does not, however, include
either:
1. Any project for improvement of a build-
ing required to correct existing health,
sanitary or safety code violations identi-
fied by the building official and that are
the minimum necessary to assure safe
living conditions.
2. Any alteration of a historic structure
provided that the alteration will not
preclude the structure's continued
designation as a historic structure.
(Ord. No. 04-2014, § 4, 2-18-14)
Secs. 82-149-82-170. Reserved.
ARTICLE VII. RESERVED*
Secs. 82-171-82-195. Reserved.
ARTICLE VIII. RESERVEDt
Secs. 82-196-82 220. Reserved.
ARTICLE IX. INTERNATIONAL
PROPERTY MAINTENANCE CODE
Sec. 82-221. International Property
Maintenance Code adopted.
(a) The International Property Maintenance
Code, 2018 edition, as published by the
International Code Council (hereinafter referred
to as the "IPMC" or this "code"), is hereby
adopted by reference and incorporated herein as
if fully set out. Section 101.1 of the IPMC is
amended to state that Section 82-221 of the City
*Editor's note —Ord. No. 12-005, § 3, adopted Oct. 4,
2005, repealed art. VII, which pertained to fuel gas.
tEditor's note —Ord. No. 12-2005, § 3, adopted Oct. 4,
2005, repealed art. VIII, which pertained to mechanical and
derived from Ord. No. 06-2001, § 1, adopted Dec. 4, 2001.
Supp. No. 28 CD82:15
§ 82-221
CAPE CANAVERAL CODE
Code shall be known as the "International
Property Maintenance Code of the City of Cape
Canaveral, Florida."
(b) One or more special magistrates appointed
by the city council or city manager shall be
authorized to hear and decide appeals pursuant
to the section 111 of the IPMC. The primary
special magistrate shall be appointed by the city
council. However, the city manager shall have
the authority to appoint secondary and alternate
special magistrates on an as needed basis in
situations when the primary special magistrate
has a conflict of any kind; is unavailable on
account of illness, disability or death; or the
city's case load temporarily requires an additional
special magistrate to handle cases in a timely
manner. Appeal hearings shall be publicly noticed
and held within 30 days of filing an appeal or at
such other time required by the city manager in
order to afford due process or address scheduling
conflicts. Special magistrates shall be members
of the Florida Bar in good standing for five or
more years. Special magistrates must demonstrate
satisfactory knowledge of municipal law and the
general procedures for enforcement of municipal
codes, and must demonstrate a temperament
suitable for the exercise of quasi-judicial powers
vested in each special magistrate. Consistent
with the City Code and other applicable law,
special magistrates shall also have the power to
adopt administrative rules for the efficient conduct
of hearings; subpoena alleged violators and wit-
nesses for hearings and said subpoenas shall be
served by the county sheriff, a process server, or
the city staff; subpoena evidence deemed relevant
to hearings; take testimony under oath; assess
and order the payment of civil penalties as
provided under this code; issue orders having the
force of law to command whatever steps are
necessary to bring a violation into compliance.
Special magistrates shall not be city employees
or officers. The city manager shall be responsible
for negotiating and executing a contract on
behalf of the city with the special magistrate and
the special magistrate may be terminated by the
city council or city manager, with or without
cause, and compensated at a rate to be agreed
upon in the contract. The contract will be in a
form prepared and approved by the city attorney.
(c) The following sections of the IPMC are
hereby revised or deleted as follows:
(1) That references to the board of appeals
in the IPMC shall refer to and mean the
special magistrate appointed pursuant
to subsection (b). A special magistrate
shall not hear an appeal in which that
magistrate has a personal, professional
or financial interest or conflict. The city
manager shall designate a qualified person
to serve as secretary to the special
magistrate. The secretary shall provide
administrative assistance for, and
maintain a detailed record of, all proceed-
ings of the special magistrate. Further,
sections 111.2, 111.2.1, 111.2.2, 111.2.5
and 111.3 of the IPMC are hereby deleted.
(2) Section 102.1, entitled General, is hereby
replaced in its entirety as follows:
Where there is a conflict between a general
requirement and a specific requirement,
the specific requirement shall govern.
Where differences occur between provi-
sions of this code and the referenced
standards, the provisions of this code
shall apply. Where, in a specific case,
different sections of this code specify
different requirements or specify differ-
ent requirements set forth in other
applicable provisions of the City Code,
the most restrictive requirement shall
govern.
(3) Section 102.3, entitledApplication of other
codes, is hereby replaced in its entirety
as follows:
Repairs, additions or alterations to a
structure, or changes of occupancy, shall
be done in accordance with the procedures
and provisions of the City Code, Florida
Building Code, Florida Fire Prevention
Code and other codes adopted by the city,
and such codes shall apply, when deemed
applicable by the code official, in lieu of
any international or national code
referenced in the IPMC. Nothing in this
code shall be construed to cancel, modify
or set aside any provision of the Florida
Building Code, Florida Fire Prevention
Supp. No, 28 CD82:16
BUILDINGS AND BUILDING REGULATIONS
Code or other applicable requirements of
local, state or federal law. Where terms
are not defined in this code and are
defined in said other codes, such terms
shall have the meanings ascribed to them
as stated in those codes. In addition, the
code officials are hereby also authorized
to rely upon commonly accepted industry
standards promulgated by other profes-
sional organizations that are used to
provide requirements for materials and
methods of construction provided such
standards do not conflict with or are
prohibited by local, state or federal law.
(4) Section 102.7, entitled Referenced codes
and .standards, is hereby deleted in its
entirety. Further, Chapter 8 is hereby
deleted in its entirety.
(5) That Sections 103.1, 103.2, 103.3, and
103.5 are hereby deleted. The com-
munity development department includ-
ing the building division and code
enforcement division and fire marshal
shall be responsible for enforcing this
code under the general supervision of the
city manager. The community develop-
ment director, building official, fire
marshal, code enforcement officers and
such other qualified persons appointed
by the city manager shall be deemed code
officials under the IPMC.
(6) That the last sentence in Section 104.3,
entitled Right of entry, is hereby revised
to read as follows:
If entry is refused or not obtained, the
code official shall have recourse to the
remedies provided by law to secure entry.
(7) That Section 106.1, entitled Unlawful
acts, is hereby replaced in its entirety
with the following:
It shall be unlawful for any person,
corporation, or other entity to be in viola-
tion of any provision of this IPMC. Viola-
tions shall constitute a public nuisance
and shall be deemed a strict liability
offense.
§ 82-221
(8) That Section 107.3, entitled Method of
service, is hereby replaced in its entirety
with the following:
All notices required in the IPMC shall be
provided to the alleged violator by certi-
fied mail, return receipt requested; by
hand delivery by the sheriff or law enforce-
ment officer of the city, code official, or
other person designated by the city
manager; or by leaving the notice at the
violator's usual place of residence with
any person residing therein who is above
15 years of age and informing such person
of the contents of the notice. In the case
of commercial premises, leaving the notice
with the manager or other person in
charge.
In addition to providing notice as set
forth above, at the option of the special
magistrate or the code official, notice
may also be served by publication or
posting as follows:
1. Such notice shall be published
once during each week for four
consecutive weeks, with four
publications being sufficient,
in a newspaper of general
circulation in the city. The
newspaper shall meet such
requirements as are prescribed
under Chapter 50, Florida
Statutes, for legal and official
advertisements.
2. Proof of publication shall be
made as provided in §§ 50.041
and 50.051, Florida Statutes.
3. In lieu of publication as
described in subsection 1.
above, such notice may be
posted for at least ten days in
at least two locations, one of
which shall be the property
upon which the violation is
alleged to exist and the other
of which shall be at City Hall.
Proof of posting shall be by
affidavit of the person posting
the notice, which affidavit shall
Supp. No. 28 CD82:17
§ 82-221
CAPE CANAVERAL CODE
include a copy of the notice
posted and the date and places
of its posting.
4. Notice by publication or post-
ing may run concurrently with,
or may follow, an attempt to
provide notice by hand delivery
or by mail as required under
this subsection.
5. Evidence that an attempt has
been made to hand deliver or
mail notice as provided in this
subsection together with proof
of publication or posting as
provided in this subsection shall
be sufficient to show that the
notice requirement, of this part
has been met, without regard
to whether or not the alleged
violator actually received the
notice.
(9) That Section 109.5, entitled Cost of
Emergency Repairs, is hereby replaced in
its entirety with the following:
109.5 Cost of Emergency and other
Repairs. The city manager is authorized
to expend funds in the performance of
emergency repairs and other remedial
work required of the city under this code.
If emergency repairs or other remedial
work is performed by the city, any
expenses incurred by the city to make
said repairs or perform such work includ-
ing, but not limited to, contractor and
material costs, administrative overhead,
attorney's fees, and other related costs
shall be subject to reimbursement from
the property owner or the person creat-
ing the need for the emergency repair or
remedial work and the cost incurred by
the City may be recovered and the city
may impose a lien upon said property for
said costs. The lien shall be superior to
all other liens or encumbrances, includ-
ing prior recorded mortgages or judg-
ments and only inferior to liens for taxes.
In the event the owner or person creating
the need for emergency repairs, fails and
refuses to pay or reimburse the City for
the costs, then in that event, the City is
authorized to foreclose said lien in
accordance with the provisions as provided
for by law for foreclosure of municipal
liens, and the City may recover its reason-
able attorney's fees and costs.
(10) That Section 110.3, entitled Failure to
Comply, is hereby replaced in its entirety
with the following
110.3 Failure to Comply. If the owner of a
premises fails to comply with a demoli-
tion order within the time prescribed,
the code official shall cause the structure
to be demolished and removed, either
through an available public agency or
through contract, or arrangement with
private persons, and the cost of such
demolition and removal shall be charged
against the real estate from which the
structure is located and a lien shall be
imposed against said property. The lien
shall be superior to all other liens or
encumbrances, including prior recorded
mortgages or judgments and only inferior
to liens for taxes. In the event the City
finds it necessary to foreclose said lien,
the City is entitled to recover its reason-
able attorney's fees and costs for foreclos-
ing said lien and the foreclosure procedure
shall be as authorized by law for
foreclosure of municipal liens
(11) That Section 112.4 is revised to require a
fine of $500.00 for each day that a person
is in violation of a stop work order.
(12) That Section 201.3 is hereby deleted in
its entirety.
(13) That Section 303.2, entitled Enclosures,
is hereby replaced in its entirety with the
following:
Private swimming pools, hot tubs, and
spas shall be enclosed in accordance with
chapter 515, Florida Statutes, and the
Florida Building Code.
(14) That Section 302.4 weeds is hereby revised
to insert in excess of twelve (12) inches.
Further, the noxious weeds shall include
all plants which are strictly prohibited
by Section 102-53 of the City Code.
Supp. No. 28 CD82:18
BUILDINGS AND BUILDING REGULATIONS
(15) That Section 304.14 is hereby revised to
delete the preface in the first sentence,
"During the period from [Date] to [Date],"
(16) That Sections 602.3 and 602.4 are hereby
revised to insert heat supply during the
period from November 30th to March
30th.
(17) That Section 606.1 is hereby replaced in
its entirety with the following:
Elevators, dumbwaiters and escalators
shall be maintained in compliance with
the Florida Building Code. The most
current certificate of inspection shall be
on display at all times within the eleva-
tor or attached to the escalator or
dumbwaiters, be available for public
inspection in the office of the building
operator or be posted in a publicly
conspicuous location approved by the code
official. The inspection and tests shall be
performed at not less than the periodic
intervals listed in the Florida Building
Code and Chapter 399, Florida Statutes.
(d) Nothing contained in this section shall
prohibit the city from enforcing its code by any
other means including, but not limited to, a
summons, an arrest, a notice to appear, civil
action for injunctive relief, a stop work order or
demolition. The enforcement procedures outlined
in this section are cumulative to all others and
shall not be deemed to be prerequisites to filing
suit for the enforcement of any section of the
IPMC.
(Ord. No. 06-2001, § 2, 12-4-01; Ord. No. 05-2019,
§ 2, 2-19-19)
Secs. 82-222-82-232. Reserved.
ARTICLE X. RESERVED*
Sec. 82-233. Reserved.
§ 82-368
ARTICLES XI—XIII. RESERVEDt
Secs. 82-234 82-365. Reserved.
ARTICLE XIV. NUMBERING OF
BUILDINGS AND PROPERTY
Sec. 82-366. Purpose.
The purpose of requiring the display of build-
ing or property numbers is for locating such
property in an emergency.
Sec. 82-367. System established; incorpora-
tion of map.
A uniform system of numbering properties
and principal buildings, as shown on the map
identified by the title, "Property Numbering
Map," which is filed in the office of the building
official, is adopted for use in the city. This map
and all explanatory matter thereon is adopted
and made a part of this article.
(Code 1981, § 505.01)
Sec. 82-368. Administration.
(a) The building official shall be responsible
for maintaining the numbering system adopted
by this article.
(b) The building official shall duly record all
numbers assigned under section 82-367.
*Editor's note —Ord. No. 12-2005, § 3, adopted Oct. 4,
2005, repealed art. X, which pertained to existing Standard
Building Code and derived from Ord. No.06-2001, § 2,
adopted Dec. 4, 2001,
tEditor's note —Ord. No. 06-2001, § 2, adopted Dec. 4,
2001, repealed Arts. XI—XII in their entirety Art. XI
pertained to the housing code and derived from Code 1981,
§§ 619.01-619.03, Ord. No. 13-92, adopted Aug. 18, 1992;
Ord. No. 23-95, adopted Aug. 15, 1995; and Ord. No. 9-98,
adopted March 3, 1998. Art. XII pertained to the excavation
and grading code and derived from Code 1981, §§ 625.01 and
625.02. Art. XIII pertained to threshold buildings and
derived from Code 1981, § 623.01 and Ord. No. 10-98,
adopted March 3, 1998.
Supp. No. 28 CD82:19
82-368 CAPE CANAVERAL CODE
(c) The building official shall assign to any
property owner in the city, upon request and
without charge, a property number for each
principal building or separate front entrance to
such building. However, the building official may
issue additional property numbers in accord
with the official numbering system whenever a
property has been subdivided, a new front
entrance opened or undue hardship has been
worked on any property owner.
(Code 1981, § 505.03)
Sec. 82-369. Assignment of numbers.
All properties or parcels of land within the
city shall be identified by reference to the uniform
numbering system adopted in this article.
(Code 1981, § 505.05)
Sec. 82-370. Numbering multiple -family
structures.
Each principal building shall bear the number
assigned to the frontage on which the front
entrance is located. If a principal building is a
multiple -family structure comprised of four or
more dwelling units, the principal building shall
bear a separate number, and each dwelling unit
therein shall affix a letter suffix or apartment
number suffix to the building number.
(Code 1981, § 505.09)
Sec. 82-371. Posting and specifications of
numbers.
Numbers indicating the official numbers for
each principal building or each front entrance to
such building shall be posed in a manner as to be
clearly visible and distinguishable from the street
on which the property is located. Such numbers
shall be a minimum of three inches in height and
one-half inch in width and of a contrasting color
with the building.
(Code 1981, § 505.11)
Secs. 82-372--82-374. Reserved.
ARTICLE XV. CITATIONS; UNLICENSED
CONTRACTORS; FAILURE TO OBTAIN
BUILDING PERMIT
Sec. 82-375. Intent and purpose.
It is the intent and purpose of this article to
authorize the issuance of citations for violations
of F.S. §§ 489.127 and 489.132(1), as may be
amended or renumbered from time to time by
the Florida Legislature. It is also the intent and
purpose of this article to establish a procedure to
implement the issuance of such citations by code
enforcement officers, who under this article shall
be the building official and those persons
designated a code enforcement officer by the city
manager. Nothing contained in this article shall
prohibit the city from enforcing its codes or
ordinances by any other lawful means.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-376. Findings.
The city council of the City of Cape Canaveral
hereby finds:
(a) The commencement or performance of
work for which a building permit is
required without such building permit
being in effect creates a grave threat to
the public health, safety, and welfare and
jeopardizes the safety of occupants of
buildings.
(b) The performance of construction by
contractors who are not duly licensed,
when a contracting license is required,
may pose a danger of significant harm to
the public when incompetent or dishon-
est unlicensed contractors provide unsafe,
unstable, or short-lived products or
services.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-377. Citation authorized for
construction contracting viola-
tions.
A code enforcement officer is hereby authorized
to issue a citation for any violation of F.S.
§§ 489.127 and 489.132(1), whenever, based upon
personal investigation, the code enforcement
officer has reasonable and probable grounds to
Supp. No. 28 CD82:20
BUILDINGS AND BUILDING REGULATIONS § 82-382
believe that such violation has occurred. A cita-
tion shall be issued in accordance with the rules
and procedures established by this article and
Florida Statutes. This article does not authorize
or permit a code enforcement officer to perform
any function or duty of a law enforcement officer.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-378. Citation form.
A citation issued by a code enforcement officer
shall be in a form prescribed by the city council
by resolution, and shall contain at a minimum:
(a) The time and date of issuance.
(b) The name and address of the person to
whom the citation is issued.
(c) The time and date of the violation.
(d) A brief description of the violation and
the facts constituting reasonable cause.
(e) The name of the code enforcement officer.
(f) The procedure for the person to follow in
order to pay the civil penalty or to contest
the citation.
(g) The applicable civil penalty if the person
elects not to contest the citation.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-379. Penalty.
In addition to any other criminal penalties
provided by F.S. § 489.127(2), a civil penalty of
$500.00 shall be levied for any violation of this
article. All monies collected by the city from
citations issued under this Article shall be
deposited in the city's general fund and may be
expended for any public purpose authorized by
the city council. A person cited for a violation
pursuant to this article is deemed to be charged
with a noncriminal infraction. Each violation is
a separate civil infraction. Each day such viola-
tion shall continue shall be deemed to constitute
a separate civil infraction.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-380. Refusal to sign citation.
Except in the absence of the person who has
committed the violation, a code enforcement
officer shall require the person to sign and
accept a citation being issued. If the person
refuses to sign and accept the citation, the code
enforcement officer shall write the words "Refused
to Sign" or any other words of similar meaning in
the space provided in the citation for the person's
signature and shall leave a copy of the citation
with the person if possible, or mail a copy to the
person, if possible, by registered or certified
mail, return receipt requested. Following such
refusal to sign and accept, the code enforcement
officer shall also contact the sheriffs department
to report such violation of this article and F.S.
§ 489.127(5)(m).
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-381. Stop work.
Any person who is issued a citation under this
article shall immediately cease the act for which
the citation was issued upon receipt of the
citation.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-382. Correction of violation; pay-
ment of penalty; notice of hear-
ing.
Upon receipt of a citation, the person charged
with the violation shall elect either to:
(a) Correct the violation and pay to the city
the civil penalty in the manner indicated
on the citation or,
(b) Within ten days of receipt of the citation,
exclusive of weekends and legal holidays,
request an administrative hearing before
the city's special magistrate or code
enforcement board to appeal the issu-
ance of the citation in accordance with
the procedures set forth in this article.
Any request for an administrative hear-
ing shall be made and delivered in writ-
ing to the city manager by the time set
forth in this subsection. Failure to request
an administrative hearing in writing
within the ten-day time period shall
constitute a waiver of the violator's right
to an administrative hearing. A waiver
Supp. No. 28 CD82:21
§ 82-382
CAPE CANAVERAL CODE
of said right shall be deemed an admis-
sion of the violation, and penalties shall
be imposed as set forth on the citation.
(Ord. No. 09-2004, § 1, 5-18-04; Ord. No. 11-2019,
§ 3, 6-18-19)
Sec. 82-383. Administrative hearings;
accrual of penalties.
(a) All administrative hearings held pursuant
to this article shall be conducted by the special
magistrate or code enforcement board in
accordance with Chapter 2, Article VI of the City
Code and the requirements of the Local Govern-
ment Code Enforcement Boards Act.
(b) During the administrative hearing, if the
violator demonstrates to the special magistrate
or code enforcement board that the violation is
invalid or that the violation has been corrected
prior to appearing before the special magistrate
or code enforcement board, the special magistrate
or code enforcement board may dismiss the
citation unless the violation is irreparable or
irreversible, in which case the special magistrate
or code enforcement board may order the viola-
tor to pay a civil penalty as set forth in subsec-
tion (c) below.
(c) During the administrative hearing, if the
special magistrate or code enforcement board
finds that a violation exists, the special magistrate
or code enforcement board may order the viola-
tor to pay a civil penalty of not less than the
amount set forth on the citation but not more
than $1,000.00 per day for each violation. In
determining the amount of the penalty, the
special magistrate or code enforcement board
shall consider the following facts:
(1) The gravity of the violation.
(2) Any actions taken by the violator to
correct the violation.
(3) Any previous violations which were com-
mitted by the violator.
(d) During the administrative hearing, if the
special magistrate or code enforcement board
finds that the violator had not contested or paid
the civil penalty set forth in the citation within
the time required in this article, the special
magistrate or code enforcement board shall enter
an order ordering the violator to pay the civil
penalty set forth on the citation, and a hearing
shall not be necessary for the issuance of such
order.
(e) All civil penalties imposed by the special
magistrate or code enforcement board under this
article shall continue to accrue until the violator
comes into compliance or until a judgment is
rendered by a court to collect or foreclose on a
lien filed under this article, whichever occurs
first, regardless of whether or not the order of
the special magistrate or code enforcement board
sets forth this accrual requirement.
(Ord. No. 09-2004, § 1, 5-18-04; Ord. No. 11-2019,
§ 3, 6-18-19)
Sec. 82-384. Appeals of special magistrate
or code enforcement board
decisions.
Any person aggrieved by a final administra-
tive order of the special magistrate or code
enforcement board pursuant to this article, includ-
ing the city council, may appeal the order to the
circuit court in accordance with F.S. § 489.127(5)(j),
as may be amended or renumbered from time to
time by the Florida Legislature.
(Ord. No. 09-2004, § 1, 5-18-04; Ord. No. 11-2019,
§ 3, 6-18-19)
Sec. 82-385. Recording special magistrate
or code enforcement board
orders.
A certified copy of an order of the special
magistrate or code enforcement board imposing
a civil penalty under this article may be recorded
in the public records and thereafter shall
constitute a lien against any real or personal
property owned by the violator. Such orders
shall be enforced in accordance with Florida law.
(Ord. No. 09-2004, § 1, 5-18-04; Ord. No. 11-2019,
§ 3, 6-18-19)
Sec. 82-386. Notices.
All notices required by this article shall be
provided to the violator by certified mail, return
receipt requested; by hand delivery by a law
enforcement officer or code enforcement officer;
by leaving the notice at the violator's usual place
Supp. No, 28 CD82:22
BUILDINGS AND BUILDING REGULATIONS
of residence with some person of his or her
family above 15 years of age and informing such
person of the contents of the notice; or by includ-
ing a hearing date within the citation.
(Ord. No. 09-2004, § 1, 5-18-04)
Secs. 82-387-82-399. Reserved.
ARTICLE XVI. TEMPORARY STORAGE
UNITS
Sec. 82-400. Temporary storage units.
(a) Definition. For purposes of this section,
"temporary storage unit" shall mean a structure
designed and used primarily for storage of build-
ing materials, personal or commercial goods and
belongings, and other such material; and that is
not intended for permanent installation.
(b) Permit required. A supplier of a temporary
storage unit shall obtain a permit issued by the
building department prior to supplying and install-
ing or allowing to be installed a temporary
storage unit within the city. The permit shall be
limited to a specific address and shall allow the
installation at such address pursuant to the
requirements of this section and applicable provi-
sions of the City Code including, but not limited
to, zoning provisions. A permit fee shall be
required by resolution of the city council and
collected by the city. The permit shall contain
the dates and times of issuance, installation and
removal, the name of the person to whom the
temporary storage unit is supplied, and the
address at which the temporary storage unit will
be installed.
(c) Residential property. Temporary storage
units are permitted on property zoned or used
for residential purposes under the following
criteria:
(1) A maximum of one temporary storage
unit is allowed per lot.
(2) The maximum size of the temporary
storage unit is ten feet wide, 24 feet long,
and nine feet high.
§ 82-400
(3) The maximum time for the temporary
storage unit to remain on the lot shall be
30 consecutive days with a maximum of
two placements per year.
(d) Commercial and industrial property.
Temporary storage units are permitted on property
zoned or used for commercial or industrial
purposes under the following criteria:
(1) A maximum of one temporary storage
unit is allowed per half acre, not to
exceed three temporary storage units per
lot.
(2) The maximum time for the temporary
storage unit to remain on the lot shall be
30 consecutive days with a maximum of
two placements per year.
(3) The temporary storage units shall not be
stacked on top of one another.
(e) Exceptions. The regulations set forth in
subsections (c), (d)(1) and (d)(2) shall not apply
to temporary storage units that are:
(1) Installed for construction purposes and
in conjunction with a valid and unexpired
building permit, in accordance with F.S.
§ 553.73(8); or
(2) Authorized by resolution of the city council
and installed during any period declared
an emergency within the city by any
governmental authority.
(f) Weather emergency removal. In the event
of a tropical storm or hurricane watch issued by
the National Weather Service, the city shall have
the right to order the supplier and property
owner to remove the temporary storage unit by
providing the supplier at least 24 hours' notice of
removal. In the event of a tropical storm or
hurricane warning issued by the National Weather
Service, the temporary storage unit shall be
immediately removed by the supplier and property
owner after the warning being issued. In such
situations, the city shall have the right to enter
the property and remove the temporary storage
unit if the supplier and property owner do not
remove the temporary storage unit as required
by this subsection. The supplier and property
owner, jointly and severally, shall be liable for all
Supp. No. 28 CD82:23
82-400 CAPE CANAVERAL CODE
removal costs incurred by the city and failure to
pay said costs, upon demand by the city, shall
constitute a code violation and shall result in a
lien being imposed pursuant to F.S. ch. 162, in
the amount of said costs.
(g) Permit extensions. For good cause shown
by the owner of the property at which the
temporary storage unit will be supplied, the time
periods set forth in subparagraphs (c) and (d)
may be extended by the city manager; provided
an extension granted by the city manager shall
not extend more than 30 consecutive days, good
cause being limited to emergencies and situa-
tions where there exists a reasonable risk or
threat to life and property damage.
(h) Liability. Notwithstanding any provision
to the contrary the supplier and property owner
shall be jointly and severally liable for any
violation under this section.
(Ord. No. 01-2004, § 2, 3-2-04)
Supp. No. 28 CD82:24
FERTILIZER LAND APPLICATION § 92-15
agement Practices for Protection of Water
Resources by the Green Industries" training
certificate prior to the business owner obtaining
a business tax receipt. Owners for any category
of occupation which may apply any fertilizer to
turf and/or landscape plants shall provide proof
of completion of the program to the city.
(d) All provisions of this chapter shall apply
to City of Cape Canaveral owned property unless
exempt under section 92-11.
(Ord. No. 17-2013, § 2, 1-21-14)
Sec. 92-14. Enforcement and monitoring.
(a) Violations of this chapter may be subject
to civil citation pursuant to Chapter 2, Article
VI, Division 3 of this Code.
(b) The provisions of this chapter may also be
enforceable by proceedings before the City of
Cape Canaveral Special Magistrate or Code
Enforcement Board, or by suit for prohibitory or
mandatory injunctive relief, or by any other
lawful remedy existing at law or in equity for the
enforcement of municipal ordinances. Funds
generated by penalties imposed under this chapter
shall be used by the City of Cape Canaveral for
the administration and enforcement of F.S.
§ 403.9337, and the corresponding sections of
this chapter, and to further water conservation
and nonpoint pollution prevention activities.
(Ord. No. 17-2013, § 2, 1-21-14; Ord. No. 11-2019,
§ 3, 6-18-19)
Sec. 92-15. Appeals.
Appeals relating to any administrative deci-
sion or determination concerning implementa-
tion or application of the provisions of this
division shall be filed in writing within 30
calendar days after the decision is rendered by
the administrator. Requests for appeals will be
considered by the city manager.
(Ord. No. 17-2013, § 2, 1-21-14)
Supp. No. 28 CD92:7
SIGNS § 94-64
banner under the definition set forth in section
94-1 and the provisions set forth in section
94-62.
(b) No sign shall be painted, pasted, printed
or nailed on any curb or sidewalk or upon any
trees, light standards, utility poles, hydrants,
benches, bridges or any structures, other than
awnings, within the property lines of any street,
avenue or alley within the limits of the city.
(c) No sign shall be attached to any private
wall, window, door, gate, fence or to any other
private structure, without the written permis-
sion of the owner or lessee and without compli-
ance with the provisions of this chapter.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-62. Abandoned and hazardous signs.
(a) Abandoned signs. It shall be unlawful for
any permittee or owner of a sign to fail or refuse
to remove any sign, after ten days of the service
of notice from the administrator, which advertises
a business or product which has not been
conducted or sold at the premises where the sign
is located for more than six consecutive months
prior to the date of the notice from the administra-
tor. If the order to remove is not complied with,
the administrator may remove the sign, and an
assessment lien, on parity with real estate taxes,
may be filed against the property for the expense
incurred in removal of the sign.
(b) Hazardous signs. The administrator shall
refuse to issue a permit for any sign, which will
constitute a hazard and a potential menace to
the safety of the public, and the administrator
may require the removal of any sign which is not
properly maintained or which is or will become
unsafe and constitute a hazard to the safety of
the public. It shall be unlawful for any permittee
or owner to continue to display any sign that
constitutes a hazard to the safety of the public.
It shall be unlawful for any permittee or owner
to continue to display any sign that constitutes a
hazard after 48 hours from the time of notice by
the administrator requesting the removal of
such sign, unless within that time, the permittee
or owner shall have filed with the administrator
notice of his or her intention to appeal his
decision to the special magistrate or code enforce-
ment board, or the administrator has determined
that exigent circumstances exist that require the
immediate removal of the sign in order to abate
the public hazard. Any such sign displayed more
than 48 hours after notice to remove the sign
may be removed by the city at the expense of the
permittee or owner, unless the matter is pending
an appeal to the special magistrate or code
enforcement board or unless the decision of the
administrator has been reversed by the special
magistrate or code enforcement board.
(c) Signs constituting traffic hazard. No sign
or other advertising structure as regulated by
this chapter shall be erected at the intersection
of any street in such a manner as to obstruct free
and clear vision; at any location where, because
of the position, shape or color, it may interfere
with, obstruct the view of or be confused with
any authorized traffic sign, signal or device; or
which makes use of any word commonly used on
traffic control signs or signals. Visibility at
intersections shall be in accordance with the
figure [found in section] 94-1.
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 11-2019,
§ 3, 6-18-19)
Sec. 94-63. Lighting.
(a) Gooseneck reflectors, spotlights, floodlights
and other lights shall be permitted on ground
signs and wall signs. However, the reflectors
shall be provided with proper lenses concentrat-
ing the illumination upon the area of the sign so
as to prevent the glare upon the street or
adjacent property.
(b) Electrical signs shall comply with applicable
electric codes.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-64. Criteria and standards for
measurement and placement.
(a) Area. The permitted area of ground signs
in all zoning districts, and unless otherwise
specified in this chapter, is dependent on street
frontage of the property on the basis of one
square foot of sign area for each lineal foot of
property frontage up to the maximum specified
in each zoning district. Wall signs shall be
computed on the basis of one square foot of sign
Supp. No. 28 CD94:15
§ 94-64
CAPE CANAVERAL CODE
area for each lineal foot of building or tenant
space frontage up to the maximum allowed in
each zoning section. For the purpose of determin-
ing area, the total area of a sign is that within
the smallest parallelogram, triangle, circle or
semicircle or combinations thereof which will
completely enclose the outside perimeter of the
overall sign, including the border, if any, but
excluding supports. Three dimensional signs
shall be measured at the largest vertical cross
section.
(b) Combinations of signs. Except where specifi-
cally permitted, the types and areas of signs may
not be combined to allow a larger size than that
listed for a single sign. Ground signs may be
placed at an angle on a corner at no increase in
size over that of a single sign. The sum or the
area of the faces visible from any one point shall
not exceed that allowed for a single sign.
(c) Corner lots. Where two ground signs are
used on a corner lot, the area of both signs may
not exceed the area allowed for frontage as
provided in subsection (a).
(d) Display of permit number. The sign permit
number for all signs requiring a permit shall be
prominently displayed by the owner or user of
the sign on the property where the sign is
located.
(e) Height, setback and location measure-
ments. Measurements for setback and location
for all signs in all allowable districts shall be
made from that portion of the sign nearest that
point of ground reference to which the measure-
ment is to be made, but in no event shall a sign of
any kind project over public property or public
rights -of -way, whether affixed to a building or
otherwise. The height of signs shall be measured
from grade level at the closest edge of the street
paving and shall include all decorative portions
of the sign. All setback measurements shall be
made from the property lines as a point of
reference to the projecting edge or corner of the
sign, unless otherwise specified.
(f) Ground signs. Ground signs shall be set
back a minimum of six feet from the property
line. No ground sign shall be placed within the
visibility triangle (refer to figure in section 94-1).
(g) Size limit. No ground sign shall be sup-
ported so that the uppermost edge is more than
20 feet above the grade level from edge of street
pavement. This subsection shall not apply to any
sign on the face of the building. Any sign that is
not attached to a building shall not exceed 150
square feet on its largest front.
(Ord. No. 05-2009, § 3, 9-15-09)
Sec. 94-65. Aesthetic requirements of signs.
The city council may adopt, by resolution or
ordinance, general aesthetic requirements which
pertain specifically to signs and wall murals
pei mated by this chapter. Said requirements
may include form -based regulations (e.g. signage
size, materials, illumination, placement, landscap-
ing, scale, etc.) through the use of words, pictures
and diagrams that identify acceptable and unac-
ceptable signage consistent with the require-
ments of this chapter. Upon adoption, said
requirements shall be deemed fully incorporated
into this chapter and shall have the force of law.
(Ord. No. 05-2009, § 3, 9-15-09)
Secs, 94-66-94-75. Reserved.
DIVISION 2. TYPES OF SIGNS
Sec. 94-76. Temporary on -premises signs.
(1) Temporary on -premise signs must comply
with the temporary signage table below.
On -Premises Temporary Signage
Table
Conditions
Type and Use
Temporary sign - in general
a, b, c, d, e,
f, g, h, i, j
Temporary signage on
gubernatorial, presidential,
county, city, and any state and
federal primary Election Day
and during the 30 days prior to
and five days after the Election
Day
c, d, e, f, g,
h, i, j, k
Banner Sign ,
e, g, h, 1
Bag Sign
a, e, in
Sandwich Board
e, g, h, i, j,
n
Supp. No. 28 CD94:16
SIGNS § 94-76
(2) The following conditions shall apply to
any temporary sign unless otherwise provided in
the temporary signage table set forth above:
a. The temporary signage shall: (i) not be
posted more than 14 days prior to the
commencement of the scheduled event or
Supp. No. 28 CD94:16.1
VEGETATION § 102-38
(c) Intent. The intent of this division is to
encourage the protection of the maximum number
of viable trees listed in the desirable species list.
It is further the intent of this division to encour-
age the protection of trees native to central
Florida and to encourage proper removal of
exotic, pest trees. To this end, it shall be unlaw-
ful to cut down, damage, poison, or in any other
manner destroy or cause to be destroyed any tree
or other vegetation as covered by the provisions
of this division except in accordance with the
provisions set forth herein. Notwithstanding, in
the case of emergencies involving natural disaster
such as, but not limited to, flood, freeze or other
natural disasters, the requirements of this divi-
sion may be temporarily waived by the city
council by resolution.
(d) Purpose. The purpose of this division is to
establish regulations for trees within the city in
order to maintain and protect the city forest, to
better control problems of flooding, soil conserva-
tion, air pollution and noise, and to make the city
a healthier, more attractive and safer place in
which to live.
(e) Tree bank. Funds deposited in the "Tree
Bank" pursuant to this chapter shall be used for
public purpose landscape enhancements at the
sole discretion of the city, which shall include,
but not be limited to tree planting, tree
maintenance, beautification, education, and/or
ecosystem management projects. All fees, fines,
and other payments made to the city pursuant to
this chapter shall be deposited in the city's "Tree
Bank". The value to be paid into the "Tree Bank"
shall be established by resolution of the city
council; set forth in Table 1; and based upon
wholesale market value of the trees being replaced,
plus installation and maintenance costs to
establish the tree.
(Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 21-2005,
§ 2, 1-3-06; Ord. No. 12-2009, § 2, 1-5-10; Ord.
No. 01-2014, § 2, 1-21-14)
Sec. 102-38. Enforcement and penalties.
(a) Enforcement. The city may enforce the
provisions of this division by any lawful means
including, but not limited to, issuing a civil
citation, bringing charges before the city's code
enforcement board or special magistrate, and
seeking injunctive and equitable relief. For
purposes of determining the penalties provided
under this division, the removal or death of a
tree in violations of this division shall be deemed
irreparable or irreversible. Further, each day a
violation continues shall constitute a separate
violation. It shall also be a separate violation of
this division for each tree removed without a
permit.
(b) Penalties. In addition to all other remedies
set forth in this division, one or more of the
following civil fines shall apply to violations of
this division:
(1) Failure to obtain a permit required by
section 102-39. Fine of $250.00 per tree
or $500.00 per specimen tree removed,
plus $500.00 per quarter acre of
understory cleared.
(2) Failure to abide by a cease and desist
order issued under this division. Fine of
$250.00 for the first day and $500.00 per
day for each day thereafter.
(3) Failure to abide by the requirements of
other provisions of this division. Fine of
$250.00 for the first occurrence and
$500.00 for repeat occurrences.
(c) Cease and desist orders. The building official
shall have the right to issue cease and desist
orders upon persons in violation of this division
for a maximum of five working days. Upon
review of the violation by the city manager, the
city manager may extend the cease and desist
work order until the violation is brought in
compliance and all resulting fines incurred as a
result of the violation have been paid. The city
manager's decision may be appealed to the city
council pursuant to section 102-48.
(d) Withholding of certificate of occupancy.
The building official shall have the right to
refuse to issue a certificate of occupancy or
certificate of completion until all violations of
this division have been remedied.
(Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 21-2005,
§ 2, 1-3-06; Ord. No. 12-2009, § 2, 1-5-10; Ord.
No. 11-2019, § 3, 6-18-19)
Supp. No. 28 CD102:5
§ 102-39
Sec. 102-39. Permits.
CAPE CANAVERAL CODE
(a) Permit required. No person shall engage
in tree removal or engage in land clearing within
the city without obtaining a land clearing permit
required by this division and issued by the
building official. If a property owner has retained
a contractor to perform the tree removal or land
clearing, the contractor shall be responsible for
obtaining the permit required by this division
prior to the tree removal or land clearing.
(b) Application required. An application for
tree removal and land clearing shall be filed on
an official form provided by the building official.
The applicant shall be required to pay a fee as
may be established by the resolution of the city
council, except that no fee shall be required for
the removal of trees that are dead, diseased,
suffer from severe structural defects, pose a clear
and obvious safety hazard to structures or people
or removed for a public project sponsored and
paid for by the city. If the applicant is not the
property owner, then the applicant shall attach
the written permission of the property owner to
the application. All completed applications shall
be returned to the building official, along with
the appropriate fee and the following minimum
information:
(1) Legal description of the property, includ-
ing street address.
(2) Name, address and phone number of
property owner.
(3) Name, address and phone number of
applicant, if other than property owner.
(4) Date upon which land clearing is to
commence.
(5)
(6)
Valid reasons for the removal of trees.
A tree inventory, for the portion of the
site to be developed, consisting of a scaled
drawing of a scale of one inch equals 50
feet or less indicating:
a. Property boundaries.
b. The location of all individual trees
including the tree's common or
scientific name, and the diameter of
each tree.
c. An indication of all trees proposed
for removal and proposed to be
retained.
d. The location of existing and proposed
improvements, if any, including
buildings, structures, impervious
surfaces (e.g. pool decks, drives, park-
ing areas), stormwater retention and
detention areas, utilities and other
such improvements. Proposed
improvements shall be depicted as
an overlay on existing trees so as to
clearly indicate which trees must be
removed in order to accommodate
the construction of the improve-
ments.
Upon request by the applicant, the
building official or appropriate
review board may permit an
applicant to omit certain portions of
the tree inventory where compli-
ance with the requirements set forth
herein would be unnecessarily
burdensome and the exempted por-
tions are not needed for the city to
evaluate the application.
(7) A replacement plan in accordance with
division indicating the means for
compensating for the tree(s) to be removed
including the species and size of any
replacement trees.
(8) If grade changes are proposed on the site,
a grading plan drawn to scale shall be
provided. In addition, a written state-
ment shall be provided by a landscape
architect or other competent professional
indicating the probability of whether the
grade change will result in the death of
trees intended to be preserved. Said state-
ment shall immediately be brought to
the attention of the building official at
the time the application is filed and
prominently attached to the front of the
application.
(9) A protection plan describing how
preserved trees shall be preserved on the
site and adjacent properties during
construction, tree removal, and grading.
Stipp. No. 28 CD102:6
ZONING § 110-27
(4) Recommendation concerning a master
plan and periodic review thereof.
(e) The planning and zoning board shall make
recommendations concerning rezonings, special
exceptions and site plans in accordance with this
chapter.
(f) The board secretary shall, after each meet-
ing of the planning and zoning board, transmit a
copy of the board's minutes to each member of
the city council, the city clerk and the city
attorney. Such minutes shall include the board's
recommendations on any matter coming before
it, including a short statement setting forth the
facts upon which the board's recommendations
were based, as well as the board's reasons for the
recommendation.
(g) The planning and zoning board shall not
incur any debts or enter into any contracts or
obligations which would be enforceable against
the city, unless prior approval has been obtained
from the city council.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 13-2011,
§ 6, 12-20-11)
Secs. 110-4-110-25. Reserved.
ARTICLE II. PROCEDLTR,E; LAND USE
DECISIONS*
DIVISION 1. GENERALLY
Sec. 110-26. Intent and purpose.
The intent and purpose of this article is to set
forth the procedure and requirements for apply-
ing for variances, special exceptions, rezonings
and administrative appeals, as set forth in this
article.
(Ord. No. 11-2005, § 2, 6-21-05)
*Editor's note -Ord. No. 11-2005, § 2, adopted June 21,
2005, amended art. II in its entirety and enacted new
provisions as set out herein. The former art. II pertained to
board of adjustment and derived from Code 1981, §§ 645.13,
645.15, 645.17, 645.19, 645.21, 645.23, 645.27, 645.29, 645.31;
Ord. No. 43-93, §§ 2, 3, adopted Dec. 7, 1993; Ord. No. 49-93,
§ 1, adopted Jan. 4, 1994; Ord. No. 5-94, § 1, adopted Feb. 1,
1994; Ord. No. 5-96, § 1, adopted June 4, 1996; Ord. No.
18-2002, §§ 2A, 2B, adopted Dec. 17, 2002; and Ord. No.
12-2003, § 9, adopted July 1, 2003.
Sec. 110-27. Authority.
(a) Unless otherwise provided in this chapter,
the city council shall render all final decisions
regarding rezonings and the board of adjustment
shall render all final decisions regarding vari-
ances, special exceptions and administrative
appeals. Final decisions of the board of adjust-
ment and city council shall be subject to appel-
late review as set forth in this division.
(b) The respective board rendering final deci-
sions may impose reasonable conditions and
safeguards on any approved rezoning, variance,
special exception or administrative appeal to the
extent deemed necessary and relevant to ensure
compliance with applicable criteria and other
applicable provisions of the city code and
comprehensive plan. Such conditions and
safeguards, when made part of the terms under
which the rezoning, variance, special exception,
or administrative appeal is granted, have the
same force and effect as any other provision of
this Code, and violation of same shall be deemed
to be a violation of this Code and punishable by
this Code.
(c) All formal decisions shall be based on
competent substantial evidence and the applicable
criteria set forth in this article.
(d) The city council may adopt, by resolution,
quasi-judicial rules and procedures to imple-
ment this chapter.
(e) All final decisions rendered under this
chapter must be consistent with the city's
comprehensive plan.
(f) All final permits issued under this chapter
may be temporarily suspended or absolutely
revoked by majority vote of the board that
rendered the final decision if the board later
determines at a public hearing that either:
(1) The applicant has obtained the final
permit upon false statements, fraud,
deceit, misleading or perjurious state-
ments, or suppression of material facts;
(2) The applicant has committed substantial
violations of the terms and conditions of
any final permit; or
Supp. No. 28 CD110:19
§ 110-27 CAPE CANAVERAL CODE
(3) The applicant has used any final permit
to knowingly allow illegal activities to be
conducted on the property which is subject
to said permit.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
§ 2, 12-4-07)
Sec. 110-28. Due process; special notice
requirements.
(a) All applicants and interested parties shall
be afforded minimal due process as required by
law, including the right to receive notice, be
heard, present evidence, cross-examine wit-
nesses, and be represented by a duly authorized
representative.
(b) In addition to any notice requirements
provided by state law, all public hearings under
this article shall initially be publicly noticed for
at least 14 calendar days prior to the date of the
hearing. Public hearings that are postponed or
continued by the city shall be publicly noticed for
at least three calendar days unless otherwise
required by the board. Said notice shall include
the address of the subject property, matter to be
considered and the time, date and place of the
hearing. The city shall post notice of public
hearings in the following manner:
(1) Posting the affected property.
(2) Posting at City Hall and on the city's
official website.
(3) Notifying all owners of real property
(including homeowner's and condominium
associations) approximately adjacent to
and within 500 feet of the subject property.
All notices required by this subparagraph
may be sent by regular mail. Further,
unless otherwise provided by law, notices
required by this subsection shall only be
mailed for the first public hearing before
the first board required to hear an applica-
tion under this article. Subsequent hear-
ings on the same application shall not be
required to be noticed by this subsection.
Applicants shall be solely responsible for
the costs incurred for notification under
this subparagraph.
(4) Notifying, by regular mail or email, the
owner(s) of the subject property for which
the application is being made.
The notice requirements set forth in subsec-
tions (1), (2), and (3) above are hereby deemed to
be courtesy notices. The failure to provide such
courtesy notices shall not be a basis of appealing
any decision made under this chapter.
(c) When any proposed zoning district bound-
ary change, variance, or special exception lies
within approximately 500 feet of the boundary of
any property under another government's jurisdic-
tion, notice shall be forwarded to the governing
body of the appropriate government authority in
order to afford such body an opportunity to
appear at the hearing and express its opinion on
the effect of said proposed district boundary
change, valiance or special exception.
(d) Comprehensive administrative rezoning,
variance, or special exception applications initi-
ated by the city affecting more than one noncon-
tiguous parcel of land and more than five acres of
land shall not be subject to the notice require-
ments set forth in this section. Unless otherwise
required by state law, all public hearings under
this subsection (d) shall initially be publicly
noticed for at least 14 calendar days prior to the
date of the hearing. Public hearings that are
postponed or continued by the city shall be
publicly noticed for at least three calendar days
unless otherwise required by the board. In addi-
tion to any notice requirements provided by
state law, public notice of the hearing of such
applications shall include the address of the
subject property, matter to be considered and the
time, date and place of the hearing and shall be
posted in the following manner:
(1) Posting at City Hall and on the city's
official website.
(2) Notifying, by regular mail, the owner(s)
of the subject parcels of land for which
the administrative application is being
made by the city.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
§ 2, 12-4-07; Ord. No. 04-2008, § 3, 5-6-08; Ord.
No. 09-2019, § 2, 5-21-19)
Supp. No. 28 CD110:20
ZONING § 110-30.1
Sec. 110-29. Applications.
The city manager or the city manager's designee
is hereby authorized to prepare applications in
furtherance of this chapter. At a minimum, all
applications for rezonings, variances, special
exceptions, and administrative appeals shall be
accompanied by the applicable application fee
adopted by the city council and shall contain the
following information:
(1) A general description of the relief sought
under this chapter.
(2) A brief explanation as to why the applica-
tion satisfies the relevant criteria set
forth in this article.
(3) The name(s) of the owner(s) of the
particular real property.
(4) If the applicant is other than all of the
owners of the particular property, writ-
ten consent signed by all owners of the
particular real property shall be attached.
(5) The legal description of the particular
real property, accompanied by a certified
survey or that portion of the map
maintained by the Brevard County
Property Appraiser reflecting the boundar-
ies of the real property.
(6) The current and future land use and the
zoning designations on the real property.
(7) Certified survey or scaled sketch draw-
ing depicting the property boundaries
and all structures thereon.
(8) For rezonings, variances, and special
exceptions, applicants shall provide to
the city, at least 30 days in advance of the
first public meeting at which the request
will be considered, the names and
addresses of all affected property owners.
For the purpose of this requirement, an
affected property owner or owners shall
mean any property owner or agent of
record owning property which lies within
a radius of 500 feet from any boundary of
the property for which the application is
sought, as reflected in the survey or that
portion of the map maintained by the
Brevard County Property Appraiser
reflecting the boundaries of the parcels
affected.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 13-2011,
§ 6, 12-20-11)
Sec. 110-30. Staff review; application
deficiencies.
(a) The city staff shall be required to review
all applications for rezonings, variances, special
exceptions and administrative appeals, and make
written recommendations to the applicable city
board.
(b) In the event an application does not contain
information reasonably necessary for staff to
complete its review and recommendation to the
applicable city board, staff shall provide written
notice to the applicant that the application is
deficient. The written notice shall specify the
additional information necessary for staff to
complete its review and recommendation on the
application. If the applicant fails to cure the
deficiencies within 30 calendar days of the date
of the written notice, the application shall be
deemed abandoned and administratively denied
on the basis of an incomplete application. Upon
written request of the applicant, the city manager
or the city manager's designee may grant one
30-day extension of time for the applicant to cure
the deficiencies, provided the applicant
demonstrates good cause for the extension. Exten-
sion requests shall be submitted to the city
manager prior to the expiration of the initial
30-day period.
(c) Upon completion of staffs review and writ-
ten recommendation on an application, the
application shall be scheduled for consideration
by the planning and zoning board or board of
adjustment, as required by this article, for a duly
noticed public hearing at the board's next avail-
able meeting.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 01-09,
§ 2, 2-3-2009)
Sec. 110-30.1. Attendance required at public
hearings; postponement of
hearings.
(a) Applicants shall be required to attend all
public hearings required by this article to answer
questions and to provide supplemental evidence
Supp. No. 28 CD110:21
§ 110-30.1 CAPE CANAVERAL CODE
and testimony on the applicable review criteria.
Failure of an applicant to appear at the public
hearings may be a basis for denial of an applica-
tion where the board determines that the applica-
tion on its face, as well as any additional evidence
and testimony presented during the public hear-
ing, do not provide substantial competent evidence
to support approving the application.
(b) Applicants may request to postpone a
scheduled public hearing on an application one
time. Said request shall be submitted in writing
to the city manager prior to the scheduled hear-
ing. If postponed, the hearing shall be scheduled
for the board's next available meeting and the
applicant shall be responsible for the cost of any
additional notices required by this article.
(c) During the course of a public hearing, the
board may, on its own motion or at the request of
staff, an applicant or interested person, table or
postpone consideration of an application at any
time for the following reasons:
(1) To obtain additional information relevant
to the application;
(2) Because of time constraints;
(3) To afford interested parties an opportunity
to testify and provide additional relevant
evidence;
(4) For lack of quorum;
(5) For emergencies;
(6) To seek legal counsel; or
(7) For any other circumstances in further-
ance of due process.
(Ord. No. 01-2009, § 2, 2-3-09)
Sec. 110-31. Reconsideration of rezonings,
variances, special exceptions
or administrative appeals.
When a petition for rezoning, variance, special
exception or administrative appeal has been
acted on by the city council or board of adjust-
ment and was disapproved or failed to pass, such
petition in the same or substantially similar
form shall not be reconsidered by the city council
or board of adjustment for a period of two years.
This section shall not apply to the property
owner if the original request was an administra-
tive application initiated by any official, depart-
ment, board or agency of the city acting in any
official capacity. This section shall not apply to
any initial petition or petition for reconsidera-
tion filed by the city council.
(Ord. No. 11-2005, § 2, 6-21-05)
Sec. 110-32. Expiration of variance or
special exception; abandon-
ment.
(a) Any variance or special exception approved
by the board of adjustment pursuant to this
article shall expire 12 months after the effective
date of such approval unless a building permit
based upon and incorporating the variance or
special expiration is issued by the city within
said time period. Upon written request of the
property owner, the city manager may extend
the expiration date by an additional 12-month
period, provided the property owner demonstrates
good cause for the extension. Such request shall
be submitted to the city manager prior to the
expiration of the first 12-month period. Any
extension granted by the city manager pursuant
to this section shall not increase the scope or
intensity of the special exception or variance.
Further, the approved special exception or vari-
ance shall remain subject to any applicable
terms and conditions imposed as part of the
board of adjustment's original approval. In addi-
tion, if the aforementioned building permit is
timely issued, and the building permit
subsequently expires and the subject develop-
ment project is abandoned or discontinued for a
period of six months, the variance or special
exception shall be deemed expired and null and
void.
(b) Thereafter, a variance or special exception
shall expire and become null and void if the use
granted thereunder is abandoned or otherwise
ceases to exist for a period of 18 consecutive
months. As used herein, abandoned shall mean
that the applicant has gone out of business, let
all business licenses lapse or has otherwise
changed the use of the property in conformance
with this Code. Once a variance or special
exception has lapsed due to abandonment, the
applicant must resubmit its request for variance
or special exception pursuant to this article.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 02-2014,
§ 2, 1-21-14)
Supp. No. 28 CD110:22
ZONING § 110-35
Sec. 110-33. Appellate review. DIVISION 2. REZONINGS
(a) Appeals from board of adjustment or com-
munity appearance board.
(1) Any party aggrieved by any final deci-
sion of the board of adjustment or the
community appearance board made under
any chapter of this Code shall have the
right to appeal the final decision to the
city council.
(2) Any such appeal shall be filed with the
city manager within ten calendar days of
the date of the final decision. The city
manager shall schedule the city council's
consideration of the appeal for the next
available regular city council meeting
and shall provide the party seeking appel-
late review with written notice of the
date, time and location of said meeting.
(3) The city council's consideration of the
final decision being appealed shall be de
novo. The city council shall hear and
consider the evidence and testimony of
any interested party and shall either
affirm or reverse, wholly or in part, the
decision of the board of adjustment or
community appearance board. However,
with respect to administrative appeals
under section 110-40, the city council's
de novo review shall be of the record
transmitted to the board of adjustment
by the building official. A concurring
majority vote of the city council shall be
required for any decision made by the
city council under this section.
(4) Failure of any aggrieved party to appeal
to the city council pursuant to this sec-
tion shall be deemed a waiver of that
party's right to judicial review.
(b) Appeals from city council. Any party
aggrieved by any final decision of the city council
made under this section shall have the right to
file an appropriate action in a court of competent
jurisdiction.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
§ 2, 12-4-07)
Sec. 110-34. Rezoning applicant obligations.
(a) Any of the following may file an applica-
tion for rezoning requesting that the sections,
restrictions and boundaries set forth in this
chapter be amended, supplemented, changed or
repealed:
(1) Any person or entity.
(2) The city council.
(3) The planning and zoning board.
(4) The city manager.
(b) Rezoning applications shall be submitted
at least 30 days prior to the planning and zoning
board meeting at which such application is to be
considered.
(Ord. No. 11-2005, § 2, 6-21-05)
Sec. 110-35. Procedure.
(a) The planning and zoning board shall be
required to review all rezoning applications and
make a written recommendation to the city
council. Such recommendation shall include the
reasons for the board's recommendation and
show the board has considered the applicable
rezoning criteria set forth in this section.
(b) Upon receipt of the planning and zoning
board's recommendation, the city council shall
make a final decision on the application. If the
city council determines that the planning and
zoning board has not made a recommendation on
an application within a reasonable period of
time, the city council may, at its discretion,
consider an application without the planning
and zoning board's recommendation.
(c) All rezoning applications shall be reviewed
for compliance with the following standards:
(1) The proposed rezoning change is in compli-
ance with all procedural requirements
established by the City Code and law;
(2) The proposed rezoning change is
consistent with the city's comprehensive
plan including, but not limited to, the
Supp. No. 28 CD110:22.1
§ 110-35
CAPE CANAVERAL CODE
future land use map and the proposed
change would not have an adverse effect
on the comprehensive plan;
(3) The proposed rezoning change is
consistent with any master plan applicable
to the property;
(4) The proposed rezoning change is not
contrary to the land use pattern
established by the city's comprehensive
plan;
(5) The proposed rezoning change would not
create a spot zone prohibited by law;
(6) The proposed rezoning change would not
materially alter the population density
pattern in a manner that would overtax
the load on public facilities and services
such as schools, utilities, streets, and
other municipal services and
infrastructure;
(7) The proposed rezoning would not result
in existing zoning district boundaries
that are illogically drawn in relation to
existing conditions on the property and
the surrounding area and the land use
pattern established by the city's
comprehensive plan;
(8) Changed or changing conditions make
the proposed rezoning necessary;
(9) The proposed rezoning change will not
seriously reduce light or air to adjacent
areas;
(10) Should the city be presented with
competent substantial evidence indicat-
ing that property values will be adversely
affected by the proposed rezoning, the
applicant must demonstrate that the
proposed rezoning change will not
adversely affect property values in the
surrounding area;
(11) The proposed rezoning will not be a
substantial detriment to the future
improvement or development of vacant
adjacent property;
(12) The proposed rezoning will not constitute
a grant of special privilege to an individual
owner as contrasted with the public
welfare;
(13) The proposed rezoning change is not out
of scale or incompatible with the needs of
the neighborhood or the city;
(14) The proposed rezoning does not violate
any applicable land use regulations
adopted by the city.
(d) In approving a change in the zoning clas-
sification on a lot or parcel of land, at the request
of or with the concurrence of the owner(s) of said
lot or parcel, the city council may approve a
rezoning subject to restrictions provided such
restrictions do not confer any special privilege
upon the owner(s) or subject property that would
otherwise be
Supp. No. 28 CD110:22.2
APPENDIX B—SCREDULE OF FEES
Chapter 66. Streets, Sidewalks and Other Public Places
Article III. Excavations
Code
Amount Section
(a) Permit fee 50.00 66-83
(b) Road cut deposit 300.00 66-84
Chapter 70. Taxation
Article la Local Business Tax
Code
Amount Section
Business Tax Receipt Application Fee 30.00 70-69
(a) Transfer of license:
(1) For transfer of location by same owner 3.00 70-80
(2) For transfer of ownership.. . ............ 3.00 70-80
Chapter 78. Utilities
Article II. Sanitary Sewer System
Code
Amount Section
(a) Connection to sewer:
(1) Inspection fee (tap fee) .. .......... ....... 25.00 78-27
(2) Late charge 75.00 78-28
(b) Wastewater discharge permit:
(1) Initial application 75.00 78-99
(2) Renewal (annual) 20.00 78-99
(c) Reviewing accidental discharge and construction plans
and specifications 150.00 78-99
(d) Surcharge for abnormal strength wastes (tiered rate
schedule):
(1) For each parameter on the first day ....... 100.00 78-111
(2) Progressing upward, each day, by increments of 100.00 78-111
(3) Maximum for each parameter violation, per day 1,000.00 78-111
Supp. No. 28 CDB:9
CAPE CANAVERAL CODE
(e) Impact fees [Code section 78-121 et seq.]:
Sanitary Sewer Impact Fee by Classification and Amount
ERUs
Amounts
Sanitary Sewer Impact Fee per ERU
$1,348.80
Residential:
(a) Single Family
1.0000
$1,348.80
(b) Multiple Family (Per Dwelling Unit/ERU)
1.0000
$1,348.80
(c) Each Mobile Home Space
1.0000
$1,348.80
Commercia12:
(a) Barber and Beauty Shops, per chair
0.3125
S421.50
(b) Bowling Alleys, per lane
0.2083
$281.00
(c) Churches, per seat
0.0125
S16.86
(d) Dentist Office, per dentist
1.0417
$1,405.00
(e) Doctor Office, per doctor
1.0417
$1,405.00
(f) Food Service Operations
(1) Restaurant, per seat
0.1667
S224.80
(2) 24-hour Restaurant, per seat
0.2500
S337.20
(3) Bar and Cocktail Lounge, per seat
0.0833
$112.40
(4) Drive -In Restaurant, per car space
0.2083
$281.00
(g) Hospitals, per bed
0.8333
$1,124.00
(h) Hotels, Motels, per room
(1) Regular per room
0.4167
$562.00
(2) Resort Hotels, Camps, Cottages per room
0.8333
$1,124.00
(3) Add for establishments with self-service laundry facilities
per machine
3.1250
$4,215.00
(i) Laundry Facilities, per washing machine
3.1250
S4,215.00
(j) Nursing, Rest Homes, per person
0.4167
$562.00
(k) Office Building, per worker
0.0625
$84.30
(1) Schools, per student
0.0417
$56.20
(m) Service Stations, per water closet and $ er urinal
(1) Open 16 hours per day or less
1.0417
$1,405.00
(2) Open more than 16 hours per day
1.3542
$1,826.50
(n) Shopping Centers without Food or Laundry, per square foot
or floor space
0.0004
80.56
(o) Stores, per bathroom
0.8333
S1,124.00
(p) Theaters, indoor, per seat
0.0167
S22.48
(q) Recreational vehicle space for overnight stay, without water
and sewer hookup per vehicle space
0.2083
8281.00
(r) Recreational vehicle space for overnight stay, with water
and sewer hookup per vehicle space
0.3125
$421.50
1 All Sanitary Sewer Impact Fees shall be determined based on the greater of 1 ERU or the amount calculated
pursuant to the above table.
2 Sanitary Sewer Impact Fees for Connections not specifically identified above shall be determined by using greater
of the Fixture Unit basis or the Flow Basis.
Supp. No. 28 CDB:10
APPENDIX B—SCHEDULE OF FEES
Subpart B. Land Development Code
Chapter 82. Buildings and Building Regulations
Code Section 82-2
(A) Building permit fees. On all buildings, structures or alterations requiring a building permit, a
fee set forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
Valuation
Fee
$500.00 or less
$70.00
$501.00 to and including $1,000.00
$90.00
$1,001.00 to and including $2,000.00
$125.00
$2,001.00 to and including $20,000.00
$125.00 for the first $2,000.00 and $5.00 for
each additional $1,000.00 or fraction thereof
to and including $20,000.00
$20,001.00 to $100,000.00
$215.00 for the first $20,000.00 and $5.00 for
each additional $1,000.00 or fraction thereof
to and including $100,000.00
$100,001.00 to S500,000.00
$615.00 for the first $100,000.00 and $4.00 for
each additional $1,000.00 or fraction thereof
to and including $500,000
$500,001.00 and up
$2,475.00 for the first $500,000.00 and $3.00
for each additional $1,000.00 or fraction thereof
The total valuation for assessment of permit fees shall be based upon the actual construction
contract price for the work required to be permitted including the contract price for any new
structure(s), with satisfactory evidence of same being submitted to the building official, or a
construction cost estimate made by the building official, using the latest valuation data published by
the International Code Council (I.C.C.), whichever is greater, except as otherwise provided in this
section. In no case shall the valuation be less than that determined by using the latest valuation
data published by the I.C.C.
(B) Plan checking fee. In addition to any fee or fees charged in subsection (a) above: When the
valuation of the proposed construction exceeds $1,000.00 and plans and/or specifications are required
to be submitted, a plan checking fee shall be paid at the time the permit is issued.
The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall
be in addition to the building permit fee.
When the valuation of the proposed construction exceeds $500,001.00, a nonrefundable plan review
deposit shall be paid at the time of permit application submittal. Such deposit may not exceed the
anticipated plan review fee.
When a dispute exists in the review of the plans and specifications for construction, the applicant
may request a hearing before the construction board of adjustment.
Supp. No. 28 CDB:15
CAPE CANAVERAL CODE
(C) In addition to any fee or fees charged in subsections (A) and (B), a fee set forth below shall be
paid at the time the permit is issued. Note: Reroofing, remodeling, alterations, additions and repairs
permit fees shall be paid in accordance with subsections (A) and (B) only.
Plumbing, new, residential, per bathroom
$70.00
Plumbing, new, hotel/motel, per unit
$70.00
Plumbing, new, commercial, per bathroom
$70.00
Sewer tap inspection fee
$70.00
Electrical, new, single-family
$110.00
Electrical, new, multifamily, per unit
885.00
Electrical, new, hotel/motel, per unit
$70.00
Electrical, new, commercial, per unit
$70.00
Mechanical, new, residential, per unit
$85.00
Mechanical, new, hotel/motel, per unit
S60.00
Mechanical, new, commercial, per system
S60.00
Well, deep or shallow
$60.00
Moving of building
S160.00
Demolition of building
S110.00
(D) Other fees:
Fire alarm permit
Per valuation table "A" plus fire department fee
calculation
Fire sprinkler permit .
Per valuation table "A" plus fire department fee
calculation
Preliminary review of construction plans
S50.00 per hour or portion thereof
Change of Contractor/Sub-Contractor
$30.00
Permit Revision Fee. Minimum half-hour
charge
$25.00 per half hour
Stormwater Review Fee
$55.00 per hour
Non -Refundable Application Processing Fee
$35.00
Reinspection fee —When extra inspection trips
are necessary due to partial inspections, wrong
address, second call on rejected or condemned
work, additional work done after inspection has
been made, or work not ready for inspection
when called, a charge of $45.00 shall be paid in
advance for each additional inspection or at the
discretion of the building official on large
S50.00
projects prior to issuance of a certificate of
occupancy or completion
Certificate of Occupancy
$50.00
Failure to Obtain an approved Final Inspection
$110.00
Work started prior to issuance of permit (ref.
building code adopted by chapter 82 of this
Code)
Double Permit Fee
Special Inspection (after-hours, weekend,
holiday, arranged two days in advance).
Minimum four-hour charge for weekends and
S50.00 per hour
'
holidays
Supp. No. 28
CDB:16
APPENDIX B—SCHEDULE OF FEES
Final Inspection. Fine for failure to obtain a
final approved inspection for a permit before it
expires. No further permits may be issued to
any contractor or permit applicant with an
outstanding fine or to any contractor with an
expired permit due to failure to obtain a final
inspection.
$110.00
Article V. Registration and Maintenance of Properties in Foreclosure
Registration and re -registration fee
Chapter 86. Concurrency Management System
Code
Amount Section
200.00 82-119
Code
Amount Section
(a) Concurrency evaluation review fee: 86-5
(1) Multi -family project, per building 100.00
(2) Commercial project, per building......... 100.00
(3) Single-family home 100.00
(4) Improvements of insignificant impact (as defined by
Ordinance No. 3-90) 20.00
(b) Reservation of priority of an applicant over subsequent
applications is by prepayment of concurrency review fees 86-7
Chapter 90. Floods
Article IV Stormwater Management
(a) Permit fee:
Site development project construction cost up to and
including $100,000.00
Code
Amount Section
$1,000.00
Site development project construction cost exceeding 1% of
$100,000.00 construction
cost 90-131
(b) Inspection fee 90-195
Supp. No. 28 CDB:17
CAPE CANAVERAL CODE
Chapter 94. Signs
(a) Permit fee shall be calculated on actual contract cost
using subsection (a) of Chapter 82 of Appendix B
(b) Reinspection fee
(c) For commencing work without a permit, all fees shall be
double
Code
Amount Section
50.00 94-35
(d) Temporary off -premises signs and banners and temporary 94-81
nonresidential signs greater than 12 sq. ft. ........ 50.00 and 94-4(7)
Chapter 98. Subdivisions
Code
Amount Section
(a) Variance application fee 250.00 98-4
(b) Plat fee schedule. The fee schedule for review of replat/
subdivision of land shall be: 98-53
(1) One, two or three lots 500.00
(2) Four or more lots 600.00
Plus $7.50 per lot, not to exceed $750.00
(c) Resubmission. Changes to approved replat/subdivision of
land shall be charged at a rate equal to 50 percent of the
original fee.
(d) Lot split 500.00 98-66
(e) Lot line adjustment ......... ..... . ...... .
Chapter 102. Vegetation
Article II. Tree Protection
250.00 98-67
Amount
(a) Removal of tree in lieu of replacement, per inch of dbli 50.00
Chapter 110. Zoning.
(a) Application for rezoning
(b) Application for proposed amendment to chapter.. .
(c) Application for a special exception or variance
(d) Application for appeal of administrative decision
Code
Section
102-41
Code
Amount Section
825.00 110-92
275.00 110-92
825.00 110-92
275.00 110-92
Supp. No. 28
CDB:18
APPENDIX B-SCHEDULE OF FEES
Code
Amount Section
(e) Site plans: 110-223
(1) Fee schedule. The fee schedule for site plan review
shall be:
a. One, two and three residential units 825.00
b. Four or more residential units 825.00
c. Commercial structures 825.00
d. Extension of site plan 165.00
(2) Resubmission. Changes to originally approved site
plans shall be charged at a rate equal to 50 percent
of the original fee.
(fl Zoning Compliance Letter 55.00
(g) Application for Development Review Committee 275.00
(h) Fence height exemption filing fee 37.50 110-470
(Res. No. 90-22, § 1, 4-18-90; Res. No. 90-35, § 1, 6-19-90; Res. No. 92-12, § 1, 3-17-92; Res. No. 92-18,
§ 1, 4-21-92; Res. No. 92-19, § 1, 4-21-92; Res. No. 92-56, § 1, 10-20-92; Res. No. 93-08, § 1, 5-4-93; Ord.
No. 31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23,
§ 1, 5-3-94; Res. No. 94-94; § 1, 7-19-94; Res. No. 95-17, § 1, 6-20-95; Res. No. 95-19, § 1, 6-29-95; Res.
No. 95-22, § 1, 6-29-95; Res. No. 95-23, § 1, 6-29-95; Res. No. 95-25, § 1, 7-18-95; Res. No. 96-26, § 1,
5-21-96; Res. No. 96-32, § 1, 6-18-96; Res. No. 96-62, § 1, 12-17-97; Ord. No. 97-15, § 1, 5-20-97; Ord.
No. 97-18, § 1, 6-17-97; Ord. No. 97-36, § 1, 10-7-97; Res. No. 28-98, § 1, 9-15-98; Res. No. 22-00, § 1,
7-18-00; Res. No. 2000-40, § 1, 10-3-00; Res. No. 2000-42, § 1, 10-3-00; Res. No. 2001-04, § 1, 2-6-01;
Res. No. 2002-026, § 1, 7-16-02; Ord. No. 13-2003, § 4, 5-20-03; Ord. No. 13-2004, § 3, 7-20-04; Res. No.
2007-25, § 1(Exh. A), 9-18-07; Res. No. 2009-19, § 2(Exh. A), 8-4-09; Ord. No. 05-2009, § 4, 9-15-09;
Res. No. 2009-19, § 2(Exh. A), 9-1-09; Res. No. 2010-05, § 2, 3-2-10; Res. No. 2010-22, § 2, 10-19-10;
Res. No. 2010-34, § 2, 12-21-10; Res. No. 2011-29, § 3, 11-15-11; Res. No. 2012-05, § 2, 4-17-12, eff.
10-1-12; Res. No. 2012-06, § 2, 4-7-12, eff. 10-1-12; Res, No. 2012-08, § 2, 5-15-12; Res. No. 2013-13, § 3,
8-20-13; Res. No. 2013-14, § 2, 8-20-13; Res. No. 2016-05, § 3, 4-19-16; Res. No. 2016-12, § 3, 8-16-16;
Ord. No. 02-2017, § 2, 1-17-17; Res. No. 2017-15, § 2, 8-15-17; Res. No. 2017-08, § 2, 7-18-17; Res. No.
2017-09, § 2, 7-18-17; Res. No. 2019-05, § 2(Exh. A), 5-21-19)
Supp. No. 28 CDB:19
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
98-31
98-45-98-47
98-60, 98-61
98-66
Added 98-67
09-2017 7-18-17 2 Added 110-470(a)(7)
2017-08(Res.) 7-18-17 2 App. B, Ch. 78, Art.
ry
2017-09(Res.) 7-18-17 2 App. B, Ch. 78, Art.
HI
11-2017 8-15-17 2 110-1
110-334(a)
110-343(a)
110-354(a)
110-489
12-2017 8-15-17 2 110-609
2017-15(Res.) 8-15-17 2 App. B, Ch. 2, Art.
VI
App. B, Ch. 82
App. B, Ch. 98
App. B, Ch. 110
16-2017 1-16-18 2 82-56(a)
01-2018 2-20-18 2 110-296(6)
02-2018 4-17-18 2 2-63
3 Added 2-171(q)
03-2018 5-15-18 2 110-372
04-2018 6-19-18 2 110-1
110-489
110-587
110-609
07-2018 9-18-18 2 Added 70-1
05-2019 2-19-19 2 82-221
09-2019 5-21-19 2 110-28
2019-05(Res.) 5-21-19 2(Exh. A) App. B, Ch. 70
App. A, Ch. 82
App. A, Ch. 94
App. A, Ch. 98
App. A, Ch. 110
10-2019 6-18-19 2 2-234(b)
78-122
11-2019 6-18-19 2 2-246-2-298
3 14-53
30-35
34-43
34-95
34-182-34-184
50-4(1)(4)
54-25
78-195
78-413
82-14
82-56
82-382--82-385
92-14
94-62
102-38(a)
Supp. No. 28 CCT:29
STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code, either in the text or notes
following the text, of references to the Florida Statutes.
F.S.
Section
1.01
34.191
ch. 50
50.041
50.051
60.05
chs. 97-106
100.181
101.657
ch. 106
ch. 112, pt. III
112.061
112.3135
112.3143
ch. 119
119,011
119.021
119.071(3)
161.053
161.055
161.52 et seq.
161.54
161.141
161.142
161.161
161.163
ch. 162
Section
this Code
1-2
Ch. 50
82-221
2-253
82-221
2-253
82-221
2-292
2-296
2-297
Ch. 26
26-1
2-26
26-5
Char. § 7.02
Char. § 7.01
2-300
Char., § 7.03
2-67
78-98
2-116
2-116
2-63
Ch. 14, Art. III
90-77
90-55
Ch. 82, Art. IV
90-79
90-55
Ch. 14, Art. III
Ch. 14, Art. III
Ch. 14, Art. III
Ch. 2, Art. VI
2-248
2-250
2-255.2
2-256
2-257
2-258
2-260
2-263
2-282
2-296
10-92
34-42
82-400(f)
F.S.
Section
ch. 162, pt. I
162.09(3)
162.21(6)
162.22
ch. 163
163.387
163.3161-163.3211
163.3161 et seq.
163.3174
163.3180(12)
163.3180(16)
163.3180(16)(b)1
163.3180(16)(e)
163.3220
ch. 166
166.021(1)
166.021(10)
166.04
166.041
166.101
166.101 et seq.
166.231
166.231(1)(b)
166.232
166.3164
167.22
ch. 170
ch. 177
177.25 et seq.
ch. 192 et seq.
193.1142
ch. 194
Section
this Code
91-7
102-37
2-255
78-60
2-287
10-92
22-50
58-56
110-37(a)
22-50
58-57
115-15
58-56
86-22
86-26
86-21
86-23
86-25
86-2
110-37
110-37(a)
App. A, Art. II
2-300
110-137
1-11
10-87
110-137(e)
Ch. 2, Art. V
Ch. 70
Ch. 70, Art. II
70-27
70-29
Ch. 70, Art. II
115-1(7)
App. A, Art. 111, § 8
90-192
Ch. 98
98-1
98-31
98-41
98-58
110-423
110-222
Ch. 70
22-50
102-36
Supp. No. 28 SLT: 1
CAPE CANAVERAL CODE
ES. Section ES. Section
Section this Code Section this Code
196.075 70-1 403.801 et seq. 106-29
196.075(3) 70-1 403.9337 92-14
203.012 70-26 403.9338 92-2
ch. 205 Ch. 70, Art. III 413.08 54-13
70-83 ch. 458 110-489
205.043(2), (3) 70-81 458.3265 2-295
205.053 70-75 110-1
205.053(1) 70-74 ch. 459 110-489
70-76 459.0137 2-295
205.053(2) 70-75 110-1
205.053(3) 70-75 ch. 465 110-1
206.9925 54-9 ch. 468 82-32
215.85 2-206 82-148
ch. 286 Ch. 2, Art. II, Div. ch. 470 62-1
3 ch. 480 10-90
286.0113(1) 2-63 482.1562(9) 92-2
286.0115 2-66 489.127 82-375
ch. 316 54-8 82-377
74-1 489.127(2) 82-379
74-63 489.127(5)(j) 82-384
316.003 74-56.5 489.127(5)(m) 82-380
316.008(1)(e) 54-8 489.131(3)(e) 70-85
316.194 74-56 489.132(1) 82-375
316.195 34-34 82-377
316.293 Ch. 34, Art. V 489.501 et seq. 30-26
316.1936 Ch. 6, Art. III, Div, 501.160 18-5
2 ch. 509 110-1
316.1945 74-56 110-486
Ch. 318 74-63 110-490.1
320.01 90-77 ch. 515 82-221
320.823 82-88 110-582
320.8249 90-88 ch. 517 10-86
Ch. 337 66-1 ch. 553 Ch. 82
339.155 86-29 553.36(12) 110-1
366.02 90-50 553.73(5) 90-66
370.12 Ch. 14, Art. III 553.73(6) 82-400(e)
373.036 90-55 553.73(10)(k) 90-50
373.185(1)(b) 110-685 553.900 Ch. 82, Art. IX
376.031 54-9 556 App. A, Art. III,
380.04 86-2 § 13.5
ch. 381 10-163 ch. 561 6-52
110-609 6-53
381.0065 90-55 10-108
381.0075 110-352 chs. 561-568 110-171(a)(2)
ch. 386, pt. I 10-62 110-172
ch. 399 82-221 ch. 561 et seq. Ch. 6
402.302 110-1 561.01 6-51
ch. 403 78-275 54-14
403.91 et seq. Ch. 106, Art. II 561.01(4)(a) 110-1
403.413 Ch. 34, Art. U ch. 562 10-108
403.415 Ch. 34, Art. V 562.14 6-26, 6-27
403.702 et seq. Ch. 62 562.45 6-27
403.7046 62-4 ch. 563 10-108
Supp. No. 28 SLT:2
STATE LAW REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
ch. 564 10-108 80-1
ch. 565 10-108 796.07 2-293
565.02(4) 110-171 ch. 800 10-90
565.03 110-341 10-108
570.02 92-2 80-1
581.091 110-684 800.03 10-90
585.001 54-13 806.111 10-86
604.50 90-50 ch. 810 80-1
ch. 633 Ch. 38 810.02 2-295
633.022 Ch. 38, Art, II 810.09 54-15
633.025 Ch. 38, Art. II, ch. 812 80-1
98-114(o) 812.014 2-295
633.025(1) 38-26 812.019 2-293
633.025(3) 38-28 812.131 2-295
658.98 2-206 ch. 817 80-1
ch. 705 34-180 817.563 2-293
705.101 et seq. Ch. 34, Art. VI 817,564 2-293
ch. 718 78-276 823.041 54-13
110-404 823.14 92-11
110-723 ch. 826 10-90
115-15 10-108
760.34 36-4 ch. 827 10-90
768.28 Char. Art. XXIV, 10-108
§ 11, 839.13 1-13
Char. Art. XXIV, 843.01 54-25
§ 12 ch. 847 10-90
ch. 769 10-87 10-169
775.082 2-286 847.013 10-90
Ch. 50 847.0133 10-90
50-1 847.0134 10-101
775.083 2-286 ch. 849 10-200
Ch. 50 54-14
50-1 849.231 54-14
784.011 2-295 856.015 54-14
784.021 2-295 870.01 54-25
784.03 2-295 870.03 54-25
784.045 2-295 870.041 et seq. Ch. 18
54-25 874.03 2-293
790.001 54-11 877.03 10-86
790.01 18-3 ch. 893 2-293
790.15 50-1 10-108
790.33 54-11 80-1
ch. 791 Ch. 38, Art. IV 893.03 54-25
791.01 54-11 893.13 2-295
110-1 10-86
791.01(4)(b) 38-81 893.138 2-292
2-293
110-1
2-294
110-1
ch. 895 10-108
ch. 794 10-90
ch. 943 2-284
10-108
943.25(13) 50-3
80-1
ch. 796 10-90
10-108
Supp. No. 28 SLT:3
A
ABANDONED PROPERTY
Additional remedies
Compliance with notice or order to remove;
removal by city upon noncompliance
Definitions
Disposition of property removed by city
Entry upon private property authorized
Liability of owner for towing, storage
expenses; collection of lien on private
property
Notice to abate
Contents ............
Insurance ......... . ........
Notification of owner following removal by
city
Contents of notice
Documentation filed with state
Notice by publication
Notice to owner ..... ......
State, other official agencies, notice to
Penalty
Property abandoned or lost on public
property ....... ... .........
Redemption prior to sale by city .....
Signs and hazardous signs
Special magistrate or code enforcement
board hearing procedures
Board determination ...... ,
Conduct
Issuance, filing of board order ......
Setting date; notice
Storing, parking or leaving on private
Property
Zoning; abandoned variance or special
exception
CODE INDEX
Section
34-179
34-184
34-176
34-186
34-177
34-188
34-182(b)
34-182(a)
34-185(c)
34-185(e)
34-185(d)
34-185(a)
34-185(b)
34-178
34-180
34-187
94-62
34-183
34-183(c)
34-183(b)
34-183(d)
34-183(a)
34-181
110-32
ACCESS
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Stormwater drainage
Illicit discharge and connection
Suspension of MS4 access 78-407
ACCESSORY STRUCTURES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
ACCIDENTS
Vehicles for hire
Report of accidents 80-88
ACTIONS. See: SUITS, ACTIONS AND
OTHER PROCEEDINGS
ADULT ENTERTAINMENT ESTABLISH-
MENTS. See: SEXUALLY ORIENTED
BUSINESSES, ADULT ENTERTAIN-
MENT ESTABLISHMENTS
ADVERTISING
Loudspeakers, sound amplifiers, etc., use
for
Noises, enumeration of prohibited.....
Signs
Land development code regulations ...
See: LAND DEVELOPMENT CODE
AFFIRMATION. See: OATH, AFFIRMA-
TION, SWEAR OR SWORN
AGENCIES OF crry. See: DEPARTMENTS
AND OTHER AGENCIES OF CITY
AGENDA
City council
AGREEMENTS. See: CONTRACTS AND
AGREEMENTS
Section
34-153(3)
94-1 et seq.
2-60
AIRCRAFT
Litter dropping from aircraft 34-35
ALARM SYSTEMS
Appeals 30-33
Application for permit; emergency notifica-
tion; reporting changes in notifica-
tion 30-28
Audible sound systems 30-38
Automatic telephone direct dialing device;
digital alarm communicator system. 30-37
Definitions 30-26
Disconnection 30-32
Failure to disconnect; unauthorized re-
connection 30-34
Fees charged; malfunction, false alarms30-31
Fees schedule in general. See: FEES
(Appendix B)
Issuance, permit; posting 30-29
Operations 30-39
Penalty; enforcement 30-35
Permit (alarm) required; fee; renewal 30-27
Reconnection 30-36
Response to activation; owner response,
false alarm, corrective action 30-30
ALCOHOLIC BEVERAGES
Adult entertainment
Establishments, operation of
Hours of operation .......... 6-26
Nudity on premises where served,
consumed or stored 6-27
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Outdoor entertainment events
Permit; alcohol sales and consumption 10-62
Supp. No. 28
CDi:1
ALCOHOLIC BEVERAGES (Cont'd.)
Parks and recreation areas
Alcoholic beverages/tobacco products;
gambling
Penalty
Possession and consumption
Generally
Ocean beach
Parks and recreation areas
Penalties
Streets, alleys, sidewalks, and park-
ing areas
Motor Vehicles
Definitions
Exceptions
Open containers prohibited....
Policy and intent .......... •
Vehicles for hire
ALLEYS. See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
AMUSEMENTS AND AMUSEMENT
PLACES
Outdoor entertainment events
See: OUTDOOR ENTERTAINMENT
EVENTS
Sexually oriented businesses, adult
entertainment establishments 10-86 et seq.
Slot machines or devices 10-200 et seq.
ANIMALS AND FOWL
Animal control officer
Beaches
Animals prohibited on... • •
Bees and beehives prohibited......
Bird sanctuary
Designation of
County animal control ordinance
Adopted
Animal control officer
Parks and beaches
Animals prohibited on
Noises, enumeration of prohibited
Outdoor entertainment events
Permit; turtle protection
Parks
Animals prohibited in
Domestic and other animals ......
Penalty
Sanctuary
Sanctuary, designation of
Sea turtles
Beach activities
Definitions
Enforcement and penalty
Exemptions
Existing development
New development
Publicly owned lighting
Purpose and scope
14-27
14-28
14-3
14-2
14-26
14-27
14-28
34-153(5)
10-68
14-28
54-13
14-1
CAPE CANAVERAL CODE
Section
Section
ANNEXATIONS
Certain ordinances not affected by Code . 1-10(a)(13)
Franchise regulations in general. See:
54-14 FRANCHISES (Appendix A)
6-1 Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
6-53
6-52
6-54
6-51
6-66
6-69
6-68
6-67
80-87
ANNUAL BUDGET. See: BUDGET
APPROPRIATIONS
Certain ordinances not affected by Code . 1-10(a)(6)
ASSOCIATIONS
Persons; definitions and rules of construc-
tion extended and applied to .......
1-2
ATOMIC ENERGY USES
Land development code regulations re
zoning ........ ......... ........... 110-26 et seq.
See: LAND DEVELOPMENT CODE
ATTORNEY. See: CITY ATTORNEY
AUDIO ALARMS See: ALARM SYSTEMS
10-46 et seq. AUTOMATED TELEPHONE ALARM
SYSTEMS. See: ALARM SYSTEMS
AUTOMOBILES. See: MOTOR VEHICLES
AND TRAFFIC
AWNINGS OR CANOPIES
Signs
Land development code regulations ...
See: LAND DEVELOPMENT CODE
94-1 et seq.
BEACHES
Alcoholic beverage possession on Ocean
beach 6-53
Animals prohibited on beaches 14-28
Dune parking prohibited 74-59
Parks and recreation
Commercial beach vendor franchises 54-5
Recreational fires, generally....... 50-5
Sea turtles generally 14-51 et seq.
See: ANIMALS AND FOWL
Sleeping and camping in public areas and
beaches 50-4
Street excavations 66-61 et seq.
See; STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
14-2 Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
14-58
14-52
14-53
14-54
14-56
14-55
14-57
14-51
BEER. See: ALCOHOLIC BEVERAGES
BEES AND BEEHIVES. See: ANIMALS AND
FOWL
BIDS AND BEDDING
Bidders
City bidders list ....... .......
2-218(2)
Supp. No. 28 CDi:2
BIDS AND BEDDING (Cont'd.)
Purchasing generally
See: PURCHASES AND PURCHAS-
ING
BILLBOARDS. See: SIGNS AND
BILLBOARDS
BIRDS. See: ANIMALS AND FOWL
BLIGHT
Property maintenance standards ........
See: PROPERTY MAINTENANCE
STANDARDS
BLOCKS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
BOARDS, COMMITTEES AND COMMIS-
SIONS
Board of adjustment ............
See: LAND DEVELOPMENT CODE
Business and cultural development board
See: BUSINESS AND CULTURAL
DEVELOPMENT BOARD
Code enforcement board ..... .....
See: CODE ENFORCEMENT BOARD
Code of conduct
Community appearance review board
See: COMMUNITY APPEARANCE
REVIEW BOARD
Construction board of adjustments and
appeals .......
Building code. See: LAND DEVELOP-
MENT CODE
Criminal nuisance abatement board
See: CODE ENFORCEMENT
Culture and leisure services board
See: PARKS AND RECREATION
Definitions and rules of construction1-2
Delegation of authority
Definitions and rules of construction 1-2
Joint authority
Definitions and rules of construction 1-2
Library board ............ 46-26 et seq.
See: LIBRARY
Planning and zoning board110-3
See: LAND DEVELOPMENT CODE
Uniform procedures and requirements2-171
BOATS, DOCKS AND WATERWAYS
Exhaust of motorboats
Noises, enumeration of prohibited 34-153(6)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning ............. 110-26 et seq.
See: LAND DEVELOPMENT CODE
Litter, throwing in river or other body of
water ............. 34-36
CODE INDEX
Section Section
BOATS, DOCKS AND WATERWAYS (Cont'd.)
2-216 et seq. Outdoor entertainment events
Permit; water craft, use of 10-71
Stormwater drainage
Illicit discharge and connection
Watercourse protection 78-411
Vessel control and water safety
Area of enforcement ..... 54-48
Careful and prudent operation required 54-50
Definitions ............... 5447
34-91 et seq. Designation of areas of regulated water
activities ............ ........ • 54-52
Designating additional areas of
regulated water activities,
procedure for..... ....... 54-53
Enforcement
Area of enforcement 54-48
Means of enforcement 54-49
Penalties 54-55
Exemptions ............... 54-54
Means of enforcement 54-49
Penalties ......... 54-55
Purpose and findings ...... 5446
Speed not to be greater than what is
reasonable under the conditions . 54-51
Water safety. See herein: Vessel Control
and Water Safety
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
Zoning regulations
Boats, vessels and boat trailers
Living aboard 110-552
Living or residing in boats, utility
trailers, recreational vehicles
and special purpose vehicles 110-553
2-292 et seq. Location of .......... ..... 110-551
Parking and storage 110-554
54-26 et seq.
98-1 et seq.
110-2
22-26 et seq.
2-256 et seq.
2-172
22-36 et seq.
82-32 et seq.
BODIES OF WATER. See: BOATS, DOCKS
AND WATERWAYS
BODIES POLITIC AND CORPORATE
Persons; definitions and rules of construc-
tion extended and applied to ....... 1-2
BONDS, SURETY OR PERFORMANCE
Certain ordinances not affected by Code . 1-10(a)(2)
Franchise regulations generally. See:
FRANCHISES (Appendix A)
Purchasing regulations 2-218(9)
Signs
Land development code regulations ... 94-1 et seq.
See: LAND DEVELOPMENT CODE
BOOKS
Library 46-1 et seq.
See: LIBRARY
BOTTLED GAS
Public service tax ....... ................ 70-26 et seq.
See: TAXATION
Supp. No. 28 CDi:3
CAPE CANAVERAL CODE
Section
BOUNDARIES
Corporate limits
Definitions and rules of construction 1-2
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
BREVARD COUNTY. See: COUNTY
BRIDGES
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
BRUSH, See: WEEDS AND DEAD VEGETA-
TION
98-1 et seq.
BUDGET
City manager
Powers and duties 2-101(4)
BUFFERS AND BUFFERING
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
BUILDINGS. See also: LAND DEVELOP-
MENT CODE
Building appearance and maintenance... 34-98
Building code
Generally 82-31 et seq.
Unsafe building abatement code 82-56 et seq.
Buildings and building regulations
See: LAND DEVELOPMENT
CODE
Building sewers and connections 78-76 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Community appearance review board 22-36 et seq.
See: COMMUNITY APPEARANCE
REVIEW BOARD
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Construction noise 34-154
Fees schedule in general. See: FEES
(Appendix B)
Floodplain management .......... 90-26 et seq.
See: LAND DEVELOPMENT CODE
Franchise regulations generally. See:
FRANCHISES (Appendix A)
Impact fees 2-231 et seq.
See: IMPACT FEES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Local amendments to Florida Building
Code, Building
Administrative amendments to Florida
Building Code, Building
Section
BUILDINGS (Cont'd.)
Technical amendments to Florida Build-
ing Code
Building 82-148
Residential 82-147
Local planning agency ..... ...... • 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Old building sewers ............. 78-80
Parks and recreation
Injuring, interfering with, etc., build-
ings and other property 54-20
Permits and miscellaneous fees
Fees schedule in general. See: FEES
(Appendix B)
Plan checking fee
Fees schedule in general. See: FEES
(Appendix B)
Public service tax, ............. 70-26 et seq.
See: TAXATION
Registration and maintenance of proper-
ties in foreclosure........ ........ 82-116 et seq.
See: PROPERTY
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Weeds and dead vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
BULK CONTAINERS
Solid waste 62-1 et seq.
See: SOLID WASTE
BULKHEADS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
BURGLAR ALARMS. See: ALARM
SYSTEMS
BURNING
Solid waste
BURYING/BURIAL
Solid waste
Trash, rubble or other debris
BUSINESS AND CULTURAL DEVELOP-
MENT BOARD
Advisory capacity
Composition
Definitions
Established
Indebtedness
82-146 Purpose and duties
98-1 et seq.
62-11(b)
62-11(c)
34-41
22-34
22-28
22-26
22-27
22-35
22-33
Supp. No. 28 CDi:4
BUSINESSES
Fertilizer land application
Commercial and institutional applica-
tors
Land development code
Zoning
A1A Economic Opportunity Overlay
District
Landscaping; required screening
for commercial parking facili-
ties........ . .....
Signage; business park/area multi-
user sign
Local business tax
See: TAXATION
Outdoor entertainment events
Local business tax receipt required
Parks and recreation
Commercial beach vendor franchises
Commercial recreational franchises
Sexually oriented businesses, adult
entertainment establishments
Local business tax receipts/home occupa-
tions ............ .........
Solicitors, peddlers and itinerant vendors
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Solid waste
See: SOLID WASTE
CALLINGS
Local business tax ..............
See: TAXATION
CAMPING
Parks and recreation
Sleeping and camping ...... ..........
Sleeping and camping in public areas and
beaches
CANALS
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
CANVASSERS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
CAPE CANAVERAL. See: CITY
CAPITAL EXPANSION PLANS
Impact fee
CAPITAL EXPANSION TRUST FUND
'impact fees
CARS. See: MOTOR VEHICLES AND TRAF-
FIC
CAUSES
Effect of repeal of ordinances............
CODE INDEX
Section
92-13
110-690
110-709
70-66 et seq.
10-49
54-5
54-6
10-128
16-26 et seq.
62-1 et seq.
70-66 et seq.
54-17
CEMETERIES
Parks and recreation areas ..............
See: PARKS AND RECREATION
Section
54-1 et seq.
CERTIFICATES OF OCCUPANCY
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Sewer impact fee requirements 78-125
CHARTER
Definitions and rules of construction.....
CITY
Abandoned property
Compliance with notice or order to
remove; removal by city upon
noncompliance
Disposition of property removed by city
Notification of owner following removal
bycity .............. ....... •
Redemption prior to sale by city
Corporate limits
Definitions and rules of construction
Definitions and rules of construction
Floodplain management
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Library board
Liability of city limited
Solid waste
Authority of city to collect
Ownership by city .....
Street excavations
Authority of city .......
City's right to restore surface .....
Liability of city ...... , ....... •
CITY ATTORNEY
50-4 Council
Attendance at meetings
Duties
98-1 et seq. CITY CLERK
Duties
2-237
2-236
1-9(b)
CITY COUNCIL
City attorney
Duties................. .......
City manager
Powers and duties
Code of conduct
Compensation
Established for councilmembers other
than mayor
Mayor, established for
Definitions and rules of construction
Election.... ........
Eminent domain powers re economic
development ........
1-2
34-184
34-186
34-185
34-187
1-2
1-2
90-26 et seq.
46-31
62-3
62-4
66-64
66-69
66-62
2-127
2-126
2-116
2-126
2-101(2)
2-28
2-41
2-42
1-2
2-26
2-70
Supp. No. 28 CDi:5
CITY COUNCIL (Cont'd.)
Library board
Reports to
Mayor
Compensation established for
Meetings
Adjournment
Adoption of motion
Call to order; quorum; roll call
City attorney to attend ... •
Consideration of matters before council
General discussion
Minutes
Ordinances and resolutions
Preparation prior to meeting
Parliamentary procedure
Preparation and notice of agenda
Presiding officer
Regular meetings
Sergeant at arms
Special meetings
Workshop meetings ......
Ordinances and resolutions
Preparation prior to meeting
Regular meetings... , ...........
Special meetings
Subdivisions
Plats and lot splits
Final plat
Planning and zoning board and
city council review; general
criteria for approval
Uncontested elections
Workshop meetings
CITY MANAGER
Acting city manager ....... ............
Civil emergencies
Persons authorized to declare
Criminal nuisance abatement board
See: CODE ENFORCEMENT
Powers and duties ... .......... . ,
CITY TREASURER
Fees schedule in general. See: FEES
(Appendix B)
CIVIL EMERGENCIES
Authority; governor's; president
Definitions
Duration and termination of emergency
Emergency powers and measures
Persons authorized to declare emergency
Sale of goods, services, or materials at
unconscionable prices
Violations and penalties
CLERK. See: CITY CLERK
CLUBS
Persons; definitions and rules of construc-
tion extended and applied to .....
CAPE CANAVERAL CODE
Section
COASTAL CONSTRUCTION
Coastal construction code ........ .......
46-32 Buildings and building regulations. See:
LAND DEVELOPMENT CODE
2-42
2-69
2-67
2-64
2-127
2-66
2-68
2-65
2-59
2-61
2-60
2-62
2-56
2-63
2-57
2-58
2-59
2-56
2-57
98-61
2-27
2-58
2-102
18-2
2-292 et seq.
2-101
18-7
18-2
18-4
18-3
18-2
18-5
18-6
1-2
Section
82-88 et seq.
CODE ENFORCEMENT
Abandoned property
Special magistrate or code enforcement
board hearing procedures 34-183
Additional enforcement powers 2-255.2
Authorization to enter upon property 2-246
Buildings and building regulations
Citations; unlicensed contractors; failure
to obtain building permit 82-375 et seq.
Citations (code enforcement)
Applicable codes, ordinances; class viola-
tion ........... 2-283
Citation powers; personal investiga-
tion; reasonable cause 2-285
Citation program, authorization of 2-282
Classes of violations, penalties 2-291
Form (citation) 2-288
Intent; purpose ......... 2-280
Issuance procedure 2-287
Payment of penalty; court hearings2-289
Training of code enforcement officers2-284
Violation; penalties; general 2-286
Code enforcement board
Administrative fines; costs of repairs;
and filing of liens 2-252
Administrative rules ......... 2-259
Appeal order ..... .......... 2-255.1
Code board proceedings
Duties, responsibilities and powers . 2-258
Code references to ......... 2-249
Created ... , ........ 2-256
Membership 2-257
Service of notice for proceedings 2-253
Criminal nuisance abatement board
Appeal 2-298
Criminal nuisances established; viola-
tions .......... 2-295
Enforcement procedures; notice; hear-
ing 2-296
Establishment; membership; meetings;
definitions 2-293
Penalties; fines; liens; recording2-297
Powers ................... . 2-294
Purpose and intent 2-292
Code enforcement officers
Duties of, generally 2-250
Code lien satisfactions
Application for satisfaction, release, or
reduction, of code enforcement liens 2-260
Definitions ...... . .......... 2-247
Enforcement procedures ......... . . 2-254
Prosecution of violations with no criminal
penalty 2-251
Provisions are supplemental; conflicts with
state law 2-248
Supp. No. 28 CDi:6
CODE INDEX
Section Section
CODE ENFORCEMENT (Cont'd.)
Scheduling and conduct of hearing 2-255
Special magistrate
Administrative fines; costs of repairs;
and filing of liens 2-252
Appeal order 2-255.1
Code references to 2-249
Powers 2-262
Proceedings; duties, responsibilities and
powers .......... 2-263
Service of notice for proceedings 2-253
Special magistrates 2-261
CODE OF ORDINANCES*
Altering Code 1-13
Amendments to Code 1-11
Catchlines of sections ...... 1-3
Certain ordinances not affected by Code 1-10
Chapters or sections, references to1-5
*Note --The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other mat-
ters pertaining to the use, construction and interpretation of
this Code are contained in the adopting ordinance and
preface which are to be found in the preliminary pages of this
volume.
Supp. No, 28 CDi:6.1
FRANCHISES (Appendix A) (Cont'd.)
Schedules and routes ......
Scope of work ............
Sovereign immunity
Storms; hurricanes; natural disasters;
calamities
Time of the essence ........
Title to refuse
Transfer of ownership or control
FRANCHISES (Generally)
Certain ordinances not affected by Code
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Parks and recreation
Commercial beach vendor franchises
Commercial recreational franchises
Streets, sidewalks and other public ways
Franchise agreements .....
FRAUD
Solicitors, peddlers and itinerant merchants
F.S. (Florida Statutes)
Definitions and rules of construction... ..
FUEL GAS, See: GAS
FUEL OIL
Public service tax
See: TAXATION
G
CODE INDEX
Section Section
GRADES AND GRADING (Cont'd.)
VI-6.0 Street excavations 66-61 et seq.
VI-4.0 See: STREETS, SIDEWALKS AND
VI-28.0 OTHER PUBLIC WAYS
Street grades
VI-21.0 Certain ordinances not affected by Code 1-10(a)(10)
VI-27.0 Tree protection, land clearing ...... 102-36 et seq.
VI-29.0 See: LAND DEVELOPMENT CODE
VI-13.0
1-10(a)(4)
GUTTERS
Litter, sweeping into gutters prohibited ..
11
34-31
HANDBILLS
54-5 Litter regulations 34-51 et seq.
54-6 See: LITTER
66-1
16-30
70-26 et seq.
GARAGE SALES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
GARBAGE AND TRASH. See: SOLID WASTE
GAS
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Public service tax
See: TAXATION
GENDER
Definitions and rules of construction.....
GENERATORS
Emergency pad -mounted generators
Zoning requirements
GIFTS
Purchasing procedure
GLASS CONTAINERS
Parks and recreation ............. .......
GRADES AND GRADING
Concurrency management
See: LAND DEVELOPM:ENT CODE
Floodplain management .......
See: LAND DEVELOPMENT CODE
HARASSMENT
Solicitors and itinerant merchants
Harassment prohibited
HAZARDOUS MATERIALS AND
SUBSTANCES
1-2 Fire prevention regulations re........... 38-90 et seq.
See: FIRE PREVENTION
Solid waste generally 62-1 et seq.
See: SOLID WASTE
Specifically 62-11(d)
HEALTH AND SANITATION
Abandoned property 34-181 et seq.
See: ABANDONED PROPERTY
Local planning agency 58-56 et seq.
• See: PLANNING AND DEVELOPMENT
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Solid waste.... ..... ....... 62-1 et seq.
See: SOLID WASTE
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Weeds and dead vegetation.... ....... 34-121 et seq.
70-26 et seq. See: WEEDS AND DEAD VEGETA-
TION
1-2
16-28
110-484
2-226(b)
54-22
86-1 et seq.
90-26 et seq.
HEIGHT
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Outdoor entertainment events
Permit; temporary structures; integrity,
height, location 10-69
HOME OCCUPATIONS
Construction noise 34-154
Land development code regulations re
zoning ......... ....... 110-26 et seq.
See: LAND DEVELOPMENT CODE
Sexually oriented businesses, adult
entertainment establishments
Local business tax receipts/home occupa-
tions 10-128
Supp. No. 28 CDi:13
CAPE CANAVERAL CODE
HOOTING
Noises, enumeration of prohibited
HORNS
Noises, enumeration of prohibited .....
HOUSING
Fair housing
Additional remedies..................
Administrator authority and
responsibilities......... ......... 36-3
Complaints 36-4
Declaration of policy 36-1
Definitions ............. ....... • 36-2
Discriminatory practices
Exemptions and exceptions 36-22
Unlawful housing practices 36-21
Education and public information 36-7
Penalty 36-9
Processing complaints 36-5
Untruthful complaints or testimony 36-8
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code
Zoning
Rental restrictions on dwelling units 110-487
Vacation rentals 110-486
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public service tax
Generally 70-26 et seq.
See: TAXATION
Registration and maintenance of proper-
ties in foreclosure 82-116 et seq.
See: PROPERTY
HURRICANES
Civil emergencies.... ...............
See: CIVIL EMERGENCIES
IMPACT FEES
Capital expansion plans .. ..........
Capital expansion trust funds
Collection; deposit
Established
Use
Certain ordinances not affected by Code
Exemptions
Fees schedule in general. See: FEES
(Appendix B)
Land development code
Concurrency management system
Transportation facility proportion-
ate fair -share mitigation
program
Impact fee credit for proportion-
ate fair -share mitigation
Levy and purpose
Section Section
IMPACT FEES (Cont'd.)
34-153(4) Partial waiver authorized 2-235
Payment 2-234
Sanitary sewer impact fees....... 78-121 et seq.
34-153(1) See: UTILITIES
Schedules 2-233
Sewers 78-121 et seq.
36-6 See: SEWERS AND SEWAGE
DISPOSAL
18-1 et seq.
2-237
2-236(b)
2-236(a)
2-236(c)
1-10(a)(18)
2-232
86-27
2-231
IMPRISONMENT. See: PRISONS AND
PRISONERS
IMPROVEMENTS. See: PUBLIC WORKS
AND IMPROVEMENTS
INDECENCY AND OBSCENITY
Sexually oriented businesses, adult
entertainment establishments
Obscenity; indecent exposure unlawful
10-86 et seq.
10-89
INDIVIDUALS
Persons; definitions and rules of construc-
tion extended and applied to ....... 1-2
82-21
INSPECTIONS
Building inspection service ....... .......
Building sewers
Notice for
Construction site stormwater runoff control
Enforcement, inspections and penalties 90-206
Inspection 90-205
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Property
Registration and maintenance of proper-
ties in foreclosure
Mortgagee inspection requirements .
Reinspection fees
Fees schedule in general. See: FEES
(Appendix B)
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
Street excavations ...... ........
Streets, sidewalks and other public ways
Excavations; permit
Inspections
Vehicles for hire, mechanical inspections
INSURANCE AND INSURANCE
COMPANIES
Fireworks
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Outdoor entertainment events
Permit insurance requirements
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
Vehicles for hire
78-79
82-120
94-1 et seq.
66-63
66-85
80-76(d)
38-86
10-63
94-1 et seq.
80-5
Supp. No. 28 CDi:14
CODE INDEX
Section
INTERSECTIONS
Visibility at intersections
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
INTOXICATING BEVERAGES. See:
ALCOHOLIC BEVERAGES
ITINERANT MERCHANTS. See: PED-
DLERS, CANVASSERS AND SOLICI-
TORS
JOINT AUTHORITY
Definitions and rules of construction.....
1-2
LAND CLEARING
Tree protection 102-36 et seq.
See: LAND DEVELOPMENT CODE
LAND DEVELOPMENT CODE
Abandoned signs ...... — .... ......... 94-62(a)
Aesthetic requirements of signs ...... 94-65
Alleys
Subdivision design standards 98-110
Alterations
Natural surface waters ...... ....... 90-173
Appeals and arbitrations
Concurrency management 86-3
Area
Subdivisions 98-5
Zoning requirement 10-336 et seq.
See within this title: Zoning
Awnings and canopies ..... 94-82
Blocks
Subdivision design standards 98-106
Boundary line survey
Subdivisions ................... 98-93
Bridges
Subdivisions
Design standards 98-116
Buffers
Protection of trees and vegetation of
buffers 102-41
Buildings and building regulations
Additional data 82-16
Building code, Florida
Adopted..... ................. 82-31
Appeals 82-33
Establishment of construction board
of adjustment and appeals 82-32
Procedures of the board 82-34
Building department 82-3
Employee qualifications 82-4
Citations; unlicensed contractors; failure
to obtain building permit
Administrative hearings; accrual of
penalties 82-383
LAND DEVELOPMENT CODE (Cont'd.)
Citation form
Construction contracting violations,
citation authorized for
Correction of violation; payment of
penalty; notice of hearing
Findings
Intent; purpose
Notices
Penalty
Refusal to sign citation
Special magistrate or code enforce-
ment board
Decisions, appeals of
Orders, recording
Stop work
Coastal construction code
Structural requirements for major
structures
Design conditions. ..........
Concurrency management
Generally
See herein: Concurrency Manage-
ment
Existing building inspections .....
General......... ..... .........
Hazardous occupancies
Inspection service ....... .....
Liability
Local amendments to Florida Building
Code, Building
Administrative amendments to
Florida Building Code, Build-
ing• ..... ...... ..
Technical amendments to Florida
Building Code
Building..... ......... .....
Residential
Local business tax receipt required for
contractors ..........
Numbering of buildings and property
Administration .........
Assignment of numbers ......
Numbering multiple -family structures
Posting and specifications of numbers
Purpose
System established; incorporation of
map
Permit intent
Permitting and inspection
Proof of competency
Property maintenance code,
international
Adopted ....... ......... .....
Public right-of-way
Records
Restrictions on employees
Revocation of permits
Right of entry
Schedule of permit fees
Section
82-378
82-377
82-382
82-376
82-375
82-386
82-379
82-380
82-384
82-385
82-381
82-88
82-89
86-1 et seq.
82-20
82-8
82-17
82-21
82-7
82-146
82-148
82-147
82-2
82-368
82-369
82-370
82-371
82-366
82-367
82-14
82-13
82-1
82-221
82-19
82-6
82-5
82-11
82-9
82-15
Supp. No. 28
CDi:15
LAND DEVELOPMENT CODE (Cont'd.)
Special foundation permit
Stop work orders
Tests ....... ....... • . — • • ..... •
Unsafe building abatement code,
standard
Adopted
Unsafe buildings or systems .....
Bulkheads and retaining walls
Subdivision design standards
Burials
Stormwater management
Bury inspections
C-1 Low Density Commercial District. See
also herein: Zoning
Signs in ..........
C-2 Low Density Commercial District. See
also herein: Zoning
Signs in
Canals
Subdivision design standards
Certificate of completion
Subdivisions
City
Stormwater management master plan,
compliance with city plan
Subdivisions, review of preliminary plat
Civil penalties
Tree protection, land clearing
Coastal construction code
See herein: Buildings and Building
Regulations
Codes. See also herein: Buildings and
Building Regulations
Building code
Coastal construction code
Property maintenance code .......
Unsafe building abatement code
Compliance certification
Expiration of concurrency compliance
certification
Concurrency management system
Appeals
Application for concurrency evaluation
Concurrency evaluation finding of
deficiency.. ......... — ....
Conditional approval of development
orders or permits
Building permit .......... •
Subdivision plats and site plans
Criteria for evaluation of levels of service
of public facilities
Building permits of insignificant
impact ..... . .........
Drainage facilities
Parks and open space
Potable water facilities
Sanitary sewer facilities
Solid waste facilities
Transportation facilities
CAPE CANAVERAL CODE
Section
82-18
82-10
82-22
82-56
82-12
98-118
90-195(2)
94-99
94-99
98-117
98-83
90-164
98-45
102-37
82-88 et seq.
82-31 et seq.
82-88 et seq.
82-221 et seq.
82-56 et seq.
86-9
86-3
86-5
86-7
86-12(2)
86-12(1)
86-6(1)
86-6(7)
86-6(6)
86-6(4)
86-6(3)
86-6(5)
86-6(2)
LAND DEVELOPMENT CODE (Cont'd.)
Cumulative level -of -service records
Decision making in concurrency evalu-
ation, responsibility for
Definitions .......
Duration concurrency compliance
certification after issuance of
development permit
Commercial, industrial or multifam-
ily developments ......
Individual single-family develop-
ment
Residential subdivision or phase or
unit thereof, including planned
unit development
Site development plan approval
Expiration of concurrency compliance
certification.... .......
Operating systems, procedure and task
Concurrency monitoring
Measuring potential impacts
Overall concurrency management
Purpose and intent
Transportation facility proportionate
fair -share mitigation program
Applicability .......
Application process
Appropriation of fair -share revenues
Cross jurisdictional impacts .....
Determining proportionate fair -share
obligation ......
General requirements
Impact fee credit for proportionate
fair -share mitigation
Intergovernmental coordination
Proportionate fair -share agreements
Purpose and intent
Vested rights
Conservation
Water conservation
Construction
Coastal construction code.... ,
See herein: Buildings and Building
Regulations
Stormwater management
Construction methods and materials
Subdivisions
See herein: Subdivisions
Control elevation
Stormwater management ........
Corner lots
Signs
County
Stormwater management master plan,
compliance with county
Criminal penalties
Tree protection, land clearing
Decision making
Concurrency evaluation, responsibility
for decision making in
Section
86-10
86-4
86-2
86-8(4)
86-8(3)
86-8(2)
86-8(1)
86-9
86-11(b)
86-11(c)
86-11(a)
86-1
86-22
86-25
86-29
86-30
86-26
86-23
86-27
86-24
86-28
86-21
86-13
90-176
82-88 et seq.
90-180
98-66 et seq.
90-181
94-64(c)
90-164
102-38
86-4
Supp. No. 28 CDi:16
CODE INDEX
Section Section
LAND DEVELOPMENT CODE (Coned.)
Dedication
Stormwater management 90-191
Design standards
Stormwater management 90-161 et seq.
See herein: Floods
Subdivisions ........... , 98-106 et seq.
See herein: Subdivisions
Detention and retention areas
Banks of 90-172
Configuration of shoreline of90-174
Stormwater management 90-162
Development
Concurrency management
Generally .............. 86-1 et seq.
See herein: Concurrency Manage-
ment
Districts
Zoning districts. See herein: Zoning
Drainage
Concurrency management
Generally ............ 86-1 et seq.
See herein: Concurrency Manage-
ment
Stormwater management
Compatibility with adjacent systems 90-171
Subdivision improvements ...... 98-91
Easements
Subdivision design standards 98-108
Supp. No. 28 CDi:16.1
LIENS
Abandoned property
Collection of lien on private property re
towing, storage, expenses
Code enforcement
Code lien satisfactions
Application for satisfaction, release,
or reduction, of code enforce-
ment liens
Criminal nuisance abatement board
Penalties; fines; liens; recording ,
LIFE SAFETY CODE. See: FIRE PREVEN-
TION
CODE INDEX
Section Section
34-188
2-260
2-297
LIGHT INDUSTRIAL DISTRICT
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
LIGHTS AND LIGHTING
Definitions ........ .
Exceptions ......... .................
Method of measurement ...
Policy established
Sea turtles
Publicly owned lighting regulations
Signs
Solid waste
Transporting regulations
Spill -over lighting standards established
Vehicles for hire
LITTER AND LITTERING (Cont'd.)
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public places, litter in 34-29
Receptacles, placement in 34-30
River or other body of water, throwing in 34-36
Sidewalks
Merchant's duty to keep sidewalks free
of litter ....... ........ ...... . , 34-32
Truck loads 34-34
Unlawful deposit 34-28
Vacant lots, depositing on 34-39
Vehicles
Litter throwing by persons in vehicle34-33
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
LOADING AND UNLOADING
Offstreet loading
34-206 Land development code regulations re
34-210 zoning 110-26 et seq.
34-211 See: LAND DEVELOPMENT CODE
34-207 Out of repair vehicles
Noises, enumeration of prohibited_ 34-153(7)
14-57
94-63
62-7
34-209
80-76(c)
LIQUEFIED PETROLEUM GAS
Land development code
Zoning; liquefied petroleum gas 110-485
Public service tax 70-26 et seq.
See: TAXATION
LITTER AND LITTERING
Abatement; assessment .. •
Aircraft, dropping from .........
Burial of trash, rubbish or other debris
Definitions
Enforcement ....... .........
Gutters, sweeping into prohibited
Handbills
Depositing on uninhabited or vacant
premises
Distribution prohibited where property
posted ....... .........
Inhabited private premises, distribu-
tion at
Throwing or distributing in public places
Vehicles, placing on .......
Merchant's
Duty to keep sidewalks free of litter
Occupied private property, depositing on
Owner's maintenance of premises
Parks and recreation
Pollution and litter
Posting notices prohibited
34-43
34-35
34-41
34-26
34-42
34-31
34-53
LOADS
Truck loads causing litter 34-34
LOCAL IMPROVEMENTS. See: PUBLIC
WORKS AND IMPROVEMENTS
LOCAL PLANNING AGENCY
Designation and establishment
See: PLANNING AND DEVELOPMENT
58-56 et seq.
LOTS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
LOUDSPEAKERS
Noises, enumeration of prohibited 34-153(3)
M
34-54 MALT BEVERAGES, See: ALCOHOLIC
BEVERAGES
34-55
34-51
34-52
34-32
34-37
34-38 MARQUEES
Signs
MANUFACTURED GAS
Public service tax 70-26 et seq.
See: TAXATION
MAPS. See: SURVEYS, MAPS AND PLATS
54-9 Land development code regulations 94-1 et seq.
34-40 See: LAND DEVELOPMENT CODE
Supp. No. 28 CDi:31
MAYOR
City manager
Powers and duties
Civil emergencies generally
See: CIVIL EMERGENCIES
Persons authorized to declare ......
MEDICAL SERVICES
Fire protection services; emergency medi-
cal services. .......... .............
Land development code
Zoning
Pain management clinic regulations
MERCHANTS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
METERS
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Outdoor entertainment events
Permit; metered parking
Taximeters
CAPE CANAVERAL CODE
Section
2-101(3)
18-1 et seq.
18-2
38-56
110-489
10-72
80-76(0
MINORS
Fireworks
Operator regulations 38-85
Sexually oriented businesses, adult
entertainment establishments 10-86 et seq.
Unlawful provisions re minors 10-122
MOBILE HOMES AND MOBILE HOME
PARKS
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code; zoning
Nonconformities
Mobile home parks and single-family
mobile home districts 110-192
MONIES OF CITY. See: FINANCES
MONTHS
Definitions and rules of construction
Public service tax, monthly computation
MONUMENTS AND MARKERS
Subdivisions
Land development code regulations
See: LAND DEVELOPMENT CODE
MOTOR 'VEHICLES AND TRAFFIC
Alcoholic beverages
Motor vehicle regulations.. ........
See: ALCOHOLIC BEVERAGES
Concurrency management system
See: MOTOR VEHICLES AND TRAF-
FIC
Dune parking prohibited
Exhaust
Noises, enumeration of prohibited
1-2
70-34
98-1 et seq.
6-51 et seq.
86-1 et seq.
74-59
34-153(6)
MOTOR VEHICLES AND TRAFFIC (Cont'd.)
Fire lanes
Designation of
Handbills
Placing in vehicles
Land development code regulations re
zoning ................ ,
See: LAND DEVELOPMENT CODE
Litter
Throwing by person in vehicles
Maps
Truck routes
No parking zone, authority to establish
Noises
Exhausts
Horns, signal devices
Out of repair vehicles
Out of repair vehicles
Noises, enumeration of prohibited
Overnight parking
Parking, stopping and standing
County's civil traffic infraction hearing
officer program adopted
Dune parking prohibited
Fire lanes, designation of
No parking zones, authority to establish
Overnight parking
Penalties
Prohibited in rights -of -way
State law adopted
Truck parking ...... .............
Parks and recreation; traffic ......
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
Truck routes
Solicitors, peddlers and itinerant merchants
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Solid waste
Transporting regulations ........
Stopping and standing. See herein: Park-
ing, Stopping and Standing
Through streets, parking, etc.
Certain ordinances not affected by Code
Travel on other than streets or highways
Trucks
Applicability of provisions ......... ,
Definitions
Exceptions
Parking ........... .......
Penalties
Truck loads
Truck routes
Established
Inside origin
Maps of truck routes
Outside origin
Signs for truck routes
Section
74-62
34-52
110-26 et seq.
34-33
74-31
74-58
34-153(6)
34-153(1)
34-153(7)
34-153(7)
74-61
74-63
74-59
74-62
74-58
74-61
74-57
74-56.5
74-56
74-60
54-8
94-1 et seq.
74-32
16-26 et seq.
62-7
1-10(a)(8)
74-1
74-27
74-26
74-29
74-60
74-28
34-34
74-30
74-30(2)
74-31
74-30(1)
74-32
Supp, No. 28 CDi:32
CODE INDEX
Section Section
MOTOR VEHICLES AND TRAFFIC (Cont'd.)
Vehicles for hire ...... ........... ..... 80-1 et seq.
See: VEHICLES FOR HIRE
MOTORBOATS. See: BOATS, DOCKS AND
WATERWAYS
MUFFLERS
Noises, enumeration of prohibited ....... 34-153(6)
MUSICAL INSTRUMENTS
Noises, enumeration of prohibited 34-153(2)
N
NATURAL DISASTERS. See: CIVIL
EMERGENCIES
NATURAL GAS
Public service tax 70-26 et seq.
See: TAXATION
NOISE
Construction noise ...... 34-154
Declaration of policy to prohibit noise.... 34-151
Supp. No. 28 CDi:32.1
PARKS AND RECREATION (Cont'd.)
Injuring, interfering with, etc., buildings
and other property
Interference with personnel/park opera-
tions ...... ....... „
Litter
Throwing in river or other body of
water in parks
Noise and other conduct
Peddling/distribution of materials
Pollution and litter
Procedures for naming of city parks
Assistance petitions
Generally
Intent and purpose; findings
Minimum community support for
assistance petitions
Naming guidelines
Other factors
Promulgation of rules; city fees; preexist-
ing rules; conflicts with rules; enforce-
ment and penalties
Conflicts with rules
Enforcement, generally
Fees............. ..... ......
Initiation of code enforcement
Penalties .......... ........... ......
Preexisting rules
Recreational fires, generally
Recreational fires in city parks . .
Removal of natural resources
Sleeping and camping
Street excavations
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Suspension of use of city park
Traffic
Trespass
Vessels regulated ....... .....
See: BOATS, DOCKS AND
WATERWAYS
Wetlands protection ...... ......
See: LAND DEVELOPMENT CODE
PARTNERSHIPS
Persons; definitions and rules of construc-
tion extended and applied to
PEDDLERS, CANVASSERS AND SOLICI-
TORS
Definitions
Fraud........ ..... ......
Harassment prohibited
Parks and recreation
Commercial solicitation ....... .....
Peddling/distribution of materials
Permission to enter premises required
Permit
Appeals
Application . .......... . ...... . ,
Badge for solicitors
CODE INDEX
Section
54-20
54-21
34-36
54-18
54-19
54-9
54-2(e)
54-2(b)
54-2(a)
54-2(f)
54-2(c)
54-2(d)
54-24(h)
54-24(i)
54-24(f)
54-24(j)
54-24(k)
54-24(g)
50-5
54-16
54-10
54-17
66-61 et seq.
54-25
54-8
54-15
54-46 et seq.
106-26 et seq.
PEDDLERS, CANVASSERS AND SOLICI-
TORS (Cont'd.)
Exhibition of permit on request
Investigation; denial or issuance of;
record
Notice of hearing
Required
Revocation
Report of violations . , ....... ......
Solicitor to leave when requested
PENALTIES. See: FINES, FORFEITURES
AND OTHER PENALTIES
PERSON
Definitions and rules of construction, ....
PERSONNEL. See: OFFICERS AND
EMPLOYEES
Section
16-58
16-53
16-55
16-51
16-54
16-31
16-29
1-2
PHONOGRAPHS
Noises, enumeration of prohibited ..... 34-153(2)
PHOTOGRAPHY
Motion and still photography production
permits
Application for permit................
City manager to act as agent for city ..
Definitions ........ . ..... ............
Nonexemption from other city Code
requirements
Purposes
Recovery of costs for extraordinary
services
Required
Suspension and revocation
Title
Violations and penalties
PIPE LINES
Franchise regulations in general. See:
FRANCHISES (Appendix A)
PLANNED UNIT DEVELOPMENTS
Land development code regulations re
See: LAND DEVELOPMENT CODE
16-66
16-64
16-63
16-67
16-61
16-68
16-65
16-65
16-60
16-65
110-26 et seq.
PLANNING AND DEVELOPMENT
Business and cultural development board 22-26 et seq.
Community appearance review board .... 22-36 et seq.
Comprehensive plan
16-26 Designation of agency, department, com-
16-30 mittee or person to prepare ...... 58-58
16-28 Floodplain management ........ 90-26 et seq.
See: LAND DEVELOPMENT CODE
54-4 Franchise regulations in general. See:
54-19 FRANCHISES (Appendix A)
6-27 Impact fees generally 2-231 et seq.
See: IMPACT FEES
16-56 Land development code regulations re
16:552zoning 110-26 et seq. 7
See: LAND DEVELOPMENT CODE
6
1-2
Stipp. No. 28 CDi:35
PLANNING AND DEVELOPMENT (Cont'd.)
Local planning agency
Designation and establishment
Designation of agency, department, cora-
mittee or person to prepare
comprehensive plan
Duties and responsibilities
Notice requirement for amendments to
future land use map
Plan checking fee
Fees schedule in general. See: FEES
(Appendix B)
Planning and zoning board
See: LAND DEVELOPMENT CODE
Sanitary sewer system
See: SEWERS AND SEWAGE
DISPOSAL
Signs
Land development code regulations
See: LAND DEVELOPMENT CODE
Street excavations
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Vested rights 115-1 et seq.
See: VESTED RIGHTS
PLANT LIF'E, See: WEEDS AND DEAD
VEGETATION
PLATS. See: SURVEYS, MAPS AND PLATS
CAPE CANAVERAL CODE
Section
58-56
58-58
58-57
58-1
110-3
78-26 et seq.
94-1 et seq.
66-61 et seq.
PLIJMBING
Fees schedule in general. See: FEES
(Appendix B)
Floodplain management 90-26 et seq.
See: LAND DEVELOPMENT CODE
Public service tax 70-26 et seq.
See: TAXATION
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Maintenance of plumbing system 78-35
POLES AND WIRES
Signs
Land development code regulations ...
See: LAND DEVELOPMENT CODE
POLICE DEPARTMENT
Court costs for police education and train-
ing
Fees schedule in general. See: FEES
(Appendix B)
Police department
Duties of chief of police and/or precinct
supervisor ...... . ........ .
94-1 et seq.
50-3
42-26
POLICE DEPARTMENT (Cont'd.)
Vehicles for hire
Receiving police radio calls prohibited;
radios which may be used
POLITICAL SIGNS
Signs
Land development code regulations ...
See: LAND DEVELOPMENT CODE
PROCEEDINGS. See: SUITS, ACTIONS AND
OTHER PROCEEDINGS
Section
80-81
94-1 et seq.
PROFESSIONS
Local business tax 70-66 et seq.
See: TAXATION
PROPERTY
Abandoned property generally ..... 34-180 et seq.
See: ABANDONED PROPERTY
Code enforcement
Authorization to enter upon property.. 2-246
Criminal nuisance abatement board ..... 2-292 et seq.
See: CODE ENFORCEMENT
Eminent domain powers re economic
development .............. ........ 2-70
Numbering of buildings and property 82-366 et seq.
See: LAND DEVELOPMENT CODE
Outdoor entertainment events
Permit; closure or gating of public
property and streets.. ...... 10-64
Parks and recreation
Injuring, interfering with, etc., build-
ings and other property 54-20
Property maintenance code..... ......... 82-221 et seq.
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
Registration and maintenance of proper-
ties in foreclosure
Additional authority of enforcement
officers; immunity 82-123
Definitions 82-117
Enforcement; penalties ......... 82-124
Maintenance requirements 82-121
Mortgagee inspection requirements 82-120
Purpose and intent 82-116
Registration fees 82-119
Registration requirements 82-118
Security requirements 82-122
Supplemental authority ...... 82-125
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Sleeping and camping in public areas and
beaches 50-4
Vested rights ......... ........ 115-1 et seq.
See: VESTED RIGHTS
PROPERTY MAINTENANCE STANDARDS
Authority 34-92
Building appearance and maintenance34-98
Supp. No. 28 CDi:36
CODE INDEX
Section Section
SOLED WASTE
City
Authority to collect 62-3
Ownership by city 62-4
Complaint procedure ............ 62-6
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE
Containers
Required 62-8
Definitions ....... ........ • ..... 62-1
Fees schedule in general. See: FEES
(Appendix B)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Ownership by city ..... ...... 62-4
Procedures for violations 62-2
Proper disposal prerequisite to collection62-10
Public nuisances prohibited
Dead plants, refuse, debris
Yards, etc., to be kept free of 34-122
Regulations on file 62-12
Residential solid waste pickup conditions
Bulk trash 62-9(g)
E-waste 62-9(h)
Location of solid waste containers 62-9(f)
Pickup 62-9(e)
Recyclable material ....... 62-9(b)
Separation of solid waste 62-9(a)
Solid waste 62-9(d)
Yard waste 62-9(c)
Sanitary sewer system ..... 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Schedule of fees 62-5
Transporting 62-7
Tree protection, land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Unlawful acts
Burning or burying of solid waste 62-11(c)
Container of another 62-11(b)
Hazardous waste ...... . ....... 62-11(f)
Obstruction 62-11(a)
Unlawful accumulations ....... 62-11(d)
Unlawful disposal 62-11(e)
SOUND AMPLIFIERS
Noises, enumeration of prohibited 34-153(3)
SPECIAL MAGISTRATE
Abandoned property
Special magistrate or code enforcement
board hearing procedures., 34-183
Code enforcement 2-249 et seq.
See: CODE ENFORCEMENT
Land development code
Buildings and building regulations
Citations; unlicensed contractors;
failure to obtain building permit
Special magistrate or code enforce-
ment board
Decisions, appeals of 82-384
SPECIAL MAGISTRATE (Cont'd.)
Orders, recording_ ........
Water supply and distribution
Reclaimed water
Installation and inspection of the
reclaimed water system
Special magistrate or code enforce-
ment board authority and
violation liability... .....
STATE
Abandoned property
Notification of owner; following removal
by city
Documentation filed with state
Definitions and rules of construction
Election code adopted
Law
City attorney
Duties ...... .......
Misdemeanor acts adopted, penalty
Parking, state law adopted
Vehicles for hire
Application of provisions to vehicle,
operator regulator by state govern-
ment ..... ......
STORAGE
Abandoned vehicles on private property..
Fireworks
Private use, storage, display prohibited;
public displays authorized by
permit only
Storage of materials
Thmporary storage units .....
82-385
78-195
34-185(e)
1-2
26-1
2-126(3)
50-1
74-56
80-2
34-181
38-82
38-87
82-400
STORMWATER DRAINAGE
Certain ordinances not affected by Code . 1-10(a)(17)
Construction site stormwater runoff control 90-200 et seq.
See: CONSTRUCTION
Illicit discharge and connection
Applicability ...... 78-403
Authorized enforcement agency 78-401
Definitions 78-402
Discharge prohibitions 78-406
Enforcement 78-413
Industrial or construction activity
discharges 78-408
Monitoring of discharges ....... 78-409
Notification of spills ..... . 78-412
Requirements to prevent, control, and
reduce stormwater pollutants by
the use of BMPs 78-410
Responsibility for administration 78-404
Short title: purpose and objectives 78-400
Suspension of MS4 access 78-407
Ultimate responsibility 78-405
Watercourse protection 78-411
Stormwater drainage utility
Creation ...... ...... . ...... 78-275
Definitions, construction 78-277
Supp. No. 28 CDi:41
STORMWATER DRAINAGE (Cont'd.)
Determination of ERUs
Fee, stormwater.... ....... .....
Findings, determinations, powers
Operating budget
Program responsibility
Stormwater management utility
enterprise fund
Subdivisions
Land development code regulations
See: LAND DEVELOPMENT CODE
STORMWATER MANAGEMENT
Fees schedule in general. See: FEES
(Appendix B)
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS
Alcoholic beverages
Possession and consumption
Beach end streets
Camping prohibited
Certain ordinances not affected by Code
Concurrency management system
See: MOTOR VEHICLES AND TRAF-
FIC
Excavations
City
Authority of city
Right to restore surface ... _ ....
Cleanup ...... ........
Emergencies
Engineering details ........... .....
Guarantee
Inspections
Liability of city ........... ......
Method of installation
Penalty
Permit
Application
Deposits
Fee
Inspections.... ....... . .....
Required ........ ............
Fire lanes, designation of . • .....
Franchise agreements
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Grades
Certain ordinances not affected by Code
Handbills
Throwing or distributing in public places
6-51
50-4
1-10(a)(5)
86-1 et seq.
66-64
66-69
66-68
66-70
66-66
66-67
66-63
66-62
66-65
66-61
66-82
66-84
66-83
66-85
66-81
74-62
66-1
CAPE CANAVERAL CODE
Section Section
STREETS, SIDEWALKS AND OTHER
78-301 PUBLIC WAYS (Cont'd.)
78-300 Impact fees generally 2-231 et seq.
78-276 See: IMPACT FEES
78-278 Land development code regulations re
78-325 zoning ............ 110-26 et seq.
See: LAND DEVELOPMENT CODE
78-326 Lighting 34-206 et seq.
See: LIGHTING
98-1 et seq. Litter 34-26 et seq.
See: LITTER
Local planning agency ..... . .... 58-56 et seq.
See: PLANNTNG AND DEVELOPMENT
Noise
Enumeration of prohibited ....... 34-153(4)
Open containers
Prohibited in motor vehicles ..... 6-68
Outdoor entertainment events
Permit; closure or gating of public
property and streets 10-64
Parks and recreation areas 54-1 et seq.
See: PARKS AND RECREATION
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public service tax generally ..... 70-26 et seq.
See: TAXATION
Right-of-way
Use agreements ....... ............. 66-1
Camping prohibited 50-4
Signs
Land development code regulations . 94-1 et seq.
See: LAND DEVELOPMENT CODE
Solicitors, peddlers and itinerant merchants 16-26 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Solid waste generally .............. 62-1 et seq.
See: SOLED WASTE
Transporting regulations 62-7
Street lights
Sea turtle regulations . . ...
Streets
Abandon m ent
Authority 66-36
Ordinance required 66-39
Petition
For action 66-37
Procedure ....... ..... 66-38
Civil liability for damage ..... 66-26
Speed bumps 66-27
Subdivisions
Land development code regulations 98-1 et seq.
See: LAND DEVELOPMENT CODE
Traffic
Certain ordinances not affected by Code 1-10(a)(8)
1-10(a)(10) Travel on other than streets or highways 74-1
Tree protection, land clearing 102-36 et seq.
34-51 See: LAND DEVELOPMENT CODE
14-57
Supp. No. 28
CDi:42
STREETS, SIDEWALKS AND OTHER
PUBLIC WAYS (Coned.)
Trucks generally
See: MOTOR VEHICLES AND TRAF-
FIC
Weeds and vegetation .........
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection ......... ..... .
See: LAND DEVELOPMENT CODE
Yelling, shouting, hooting, whistling, sing-
ing
SUBDIVISIONS
Construction
Inspections; certificate of completion
Inspections
Issuance of certificate of completion
Notification
Submission of data .....
Permit
Approval of plans and specifications
Issuance
Master survey point
Procedure
Construction after final plat
approval
Construction before final plat
approval
Required; penalty. .......... .....
..................
Submission of construction plans and
specifications
Term; revocation ..... ......
Dedicating or accepting
Certain ordinances not affected by Code
Fees schedule in general. See; FEES
(Appendix B)
Floodplain management .....
See: LAND DEVELOPMENT CODE
General
Appeals and arbitrations
Definitions .............
Powers of planning and zoning board
Purpose
Remedies ..... .
Variance. ..... ....... ..... . ......
Application
Conditions
Hardship.... ..........
Prerequisites to granting
Public hearing; notice
Impact fees generally .....
See: IMPACT FEES
Improvements
Design standards
Alleys
Blocks • ..... . .......
Bridges
Bulkheads or retainer walls
CODE INDEX
Section
74-26 et seq.
34-121 et seq.
106-26 et seq.
98-80
98-83
98-82
98-81
98-73
98-75
98-74
98-70
98-70(2)
98-70(1)
98-69
98-72
98-71
98-76
1-10(a)(12)
90-26 et seq.
98-5
98-1
98-3
98-2
98-6
98-4
98-4(b)
98-4(e)
98-4(a)
98-4(d)
98-4(c)
2-231 et seq.
98-110
98-106
98-117
98-118
SUBDIVISIONS (Cont'd.)
Canals ..... ......
Easements . ...........
Its
Potable water systems
Public sites and open spaces
Same -Technical specifications
Sanitary sewer system
Street names
Streets, roads and alleys -generally
Surface and storm drainage .....
Generally
Boundary line survery
Closure
Computations
Marking boundary lines
Development and enforcement of
regulations
Drainage..... ......
Elevation ..... . ...... ....... .....
Final acceptance of work
Permanent markers .....
Sewers
Streets.......... ...........
Water Supply ..........
Land development code
Regulations re subdivisions
See: LAND DEVELOPMENT CODE
Regulations re zoning
See: LAND DEVELOPMENT CODE
Plats and lot splits
Final plat
Application for approval
Conformance to preliminary plat
Data required for final approval
Documents required prior to approval
Planning and zoning board and city
council review; general criteria
for approval , .....
Recording
Generally
Division of land; review and approval
required; zoning
Lot line adjustments
Adjustment .. ........... ......
Adjustment review and processing
Application
Review and criteria
Recording .......... .......
Unity of title ......... . .....
Lot splits
Definition
Lot split review and processing
Application ...........
City staff review ..........
Public hearing ........
Review criteria
Special notice for residential lot
splits ............
Recording ...... .......
Section
98-117
98-108
98-107
98-112
98-109
98-115
98-113
98-119
98-114
98-111
98-93
98-93(1)
98-93(3)
98-93(2)
98-86
98-91
98-88
98-94
98-87
98-90
98-92
98-89
98-1 et seq.
110-26 et seq.
98-60
98-56
98-58
98-59
98-61
98-62
98-31
98-67
98-67(a)
98-67(b)
98-67(b)(1)
98-67(b)(2)
98-67(d)
98-67(c)
98-66
98-66(a)
98-66(b)
98-66(b)(1)
98-66(b)(2)
98-66(b)(3)
98-66(b)(4)
98-66(b)(5)
98-66(c)
Supp. No. 28 CDi:43
CAPE CANAVERAL CODE
Section
SUBDIVISIONS (Cont'd.)
Restriction on additional lot split
minor plat 98-66(d)
Preapplication
Submittal and review procedures 98-36
Preliminary plat
City review 98-45
General criteria for approval 98-47
Information required ......... 98-41
Planning and zoning board and city
council review .......... 98-46
Time limit 98-48
Public service tax generally 70-26 et seq.
See: TAXATION
Purchasing
Prohibition against subdivisions 2-223
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Wetlands protection 106-26 et seq.
SUITS, ACTIONS AND OTHER PROCEED-
INGS
Codes does not affect prior acts committed
or done 1-8
Effect of repeal of ordinances on suits or
proceedings pending 1-9(b)
SURFACE DRAINAGE
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
SURVEYS, MAPS AND PLATS
Amendment to zoning map
Certain ordinances not affected by Code
Dedicating or accepting
Certain ordinances not affected by Code
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Planning and development
Notice requirement for amendments to
future land use map.............
Subdivisions
Land development code regulations ...
See: LAND DEVELOPMENT CODE
Truck routes, map of........ ..... .......
SWEAR OR SWORN. See: OATH, AFFIRMA-
TION, SWEAR OR SWORN
98-1 et seq.
1-10(a)(9)
1-10(a)(12)
58-1
98-1 et seq.
74-31
SWIMMING POOLS
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Section
TAXATION
Additional homestead exemption for
persons 65 and older 70-1
Certain ordinances not affected by Code 1-10(a)(7)
Fees schedule in general. See: FEES
(Appendix B)
Franchise regulations in general. See:
FRANCHISES (Appendix A)
Local business tax
Contractors and subcontractors
Special requirements for 70-85
Definitions 70-66
Delinquencies 70-76
Duplicate, issuance of 70-80
Engaging in business
Evidence of engaging in business 70-72
Without paying tax or making reports 70-71
Exemptions.... .......... ..... 70-83
False statement in receipt application , 70-73
Form, signing of receipts; report of
information 70-70
Insurance 70-84
Levied 70-67
Local business tax for businesses not
otherwise designated 70-88
Multiple receipt.. — ..... 70-78
Penalty for failure to obtain or renew
receipt .......... ...... . 70-75
Preservation, display of receipt 70-79
Rate schedule 70-89
Receipt required; payment of tax
prerequisite to issuance ..... 70-69
Receipt year; tax payment date; term of
receipt; proration of tax 70-74
Records of issued receipts ...... 70-86
Records of licensees 70-87
Records of receipts ...... ...... 70-87
Refunds .......... ......... . 70-82
Separate receipt required for each place
of business ..... ...... 70-77
Transfer of receipt .......... 70-81
Violations and penalties .. _ ..... 70-68
Local improvements
Certain ordinances not affected by Code 1-10(a)(11)
Outdoor entertainment events
Local business tax receipt required10-49
Public service tax
Applicability 70-28
Appropriation of revenue .. . . 70-44
Authority; findings . .......... 70-27
Collection ...... ........ .......... 70-35
Computation 70-32
Continuance of tax and appropriation 70-45
Definitions 70-26
Discontinuance of utilities service70-39
Exemptions.... .......... ..... 70-30
Failure to pay tax
Collected ....... ......... „ . 70-38
Supp. No. 28 CDi:44
TAXATION (Contd.)
Generally .....
Levied
Monthly computation
Payment ...........
Payment of utilities service without
payment of tax
Penalty
Purchase of utilities service
Generally ....... ................
Without collecting tax .......
Records
Sale of utilities service without collec-
tion of tax
Sexually oriented businesses, adult
entertainment establishments
Local business tax receipts/home occupa-
tions
Vehicles for hire
Licenses and fees to be in addition to
other taxes and charges .....
TAXICABS. See: VEHICLES FOR HIRE
CODE INDEX
Section Section
TORNADOS
70-42 Civil emergencies generally 18-1 et seq.
70-29 See: CIVIL EMERGENCIES
70-34
70-31
70-41
70-43
TOWING
Abandoned property
Liability of owner for towing, storage
expenses . ............
34-188
TOWNHOUSES
70-33 Land development code regulations re
70-37 zoning ..... ........ ........... 110-26 et seq.
70-36 See: LAND DEVELOPMENT CODE
70-40
10-128
80-3
TECHNICAL CODES
Building codes. See also: LAND DEVELOP-
MENT CODE
Building code ..... ...... 82-31 et seq.
Coastal construction code 82-88 et seq.
Property maintenance code 82-221 et seq.
Unsafe building abatement code 82-56 et seq.
Fire prevention code ...... 38-26 et seq.
See: FIRE PREVENTION
Florida Fire Prevention Code 38-26, 38-27
Life Safety Code....... ..... • ..... 38-28, 38-29
TELEGRAPH SERVICES
Public service tax generally 70-26 et seq.
See: TAXATION
TELEPHONES
Automatic telephone direct dialing device;
digital alarm communicator system,
TELEVISIONS
Noises, enumeration of prohibited
TENSE
Definitions and rules of construction
TIME
Computation of time
Definitions and rules of construction ..
TOPOGRAPHY
Property maintenance standards
See: PROPERTY MAINTENANCE
STANDARDS
Subdivisions
Land development code regulations
See: LAND DEVELOPMENT CODE
30-37
TOXIC WASTE. See: SOLID WASTE
TRADES
Local business tax 70-66 et seq.
See: TAXATION
TRAFFIC. See: MOTOR VEHICLES AND
TRAFFIC
TRASH. See: SOLID WASTE
TRAVEL EXPENSES. See: OFFICERS AND
EMPLOYEES
TREASURER. See: CITY TREASURER
TREES AND SHRUBBERY
Fees schedule in general. See: FEES
(Appendix B)
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Tree protection
Land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Weeds and vegetation ..... . ....... 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
TRUCKS
Load regulations re litter .....
Parking
Traffic regulations ........ , ............
See: MOTOR VEHICLES AND TRAF-
FIC
34-34
74-60
74-26 et seq.
34-153(2) TURTLES
Sea turtles 14-51 et seq.
See: ANIMALS AND FOWL
1-2
1-2
34-91 et seq.
98-1 et seq.
UNSAFE BUILDINGS
Unsafe building abatement code.........
Buildings and building regulations. See:
LAND DEVELOPMENT CODE
UTILITIES
Floodplain management
See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES (Appendix A)
82-56 et seq.
90-26 et seq.
Supp. No. 28 CDi:45
UTILITIES (Cont'd.)
Illicit discharge and connection .....
See: STORMWATER DRAINAGE
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
Public service tax generally ........ 70-26 et seq.
See: TAXATION
Reclaimed water 78-176 et seq.
See: WATER SUPPLY AND DISTRIBU-
TION
Sanitary sewer system ...... 78-26 et seq.
See: SEWERS AND SEWAGE
DISPOSAL
Service rate, deposits and billing procedures
Deposit required .......... 78-151
Monthly sewer rates ........... 78-152
Payment of sewer charges required78-153
Sewer fees where owner has private
water supply 78-154
Stormwater drainage utility..... 78-275 et seq.
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
V
VEGETATION. See: WEEDS AND DEAD
VEGETATION
VEHICLES FOR HERE
Accidents
Report of
Alcoholic beverages
Certificate of public convenience and neces-
sity license
Application
Approval
Burden of proof
Required
Suspension and revocation
Transfer.. ..... ...........
Compliance with provisions
Cruising, soliciting business prohibited
Definitions
Driver's attendance to vehicles
Driver's permit
Application
Fees.. ..... ....... .....
Fees schedule in general. See: FEES
(Appendix B)
Investigation; issuance, denial; posting
Penalty
Required
Surrender; revocation; suspension
Transferability; term of validity...
CAPE CANAVERAL CODE
Section
78-400 et seq.
80-88
80-87
80-27
80-28
80-29
80-26
80-31
80-32
80-4
80-83
80-1
80-84
VEHICLES FOR HIRE (Cont'd.)
Federal or state government
Application to vehicles, operators
regulated by
Fees schedule in general. See: FEES
(Appendix B)
Insurance
Licenses and fees to be in addition to other
taxes and charges
Lost money or property ..... ...........
Maintenance of records .. ....
Nonpaying passengers with paying pas-
sengers, transporting of
Number of passengers carried
Police radio calls, receiving prohibited;
radios which may be used .....
Rates and charges
Charging rates in excess of established
rates ...... ...........
Schedule of
Report of accidents ....... ......
Required equipment; standards
Compliance
General mechanical condition; cleanli-
ness; lighting
Letters, numbers required .....
Mechanical inspection
Substitution of equipment
Taximeters .............. ........
Vehicle type, capacity
Schedule rates and charges
Stands, depots, terminals and parking
VESSELS. See: BOATS, DOCKS AND
WATERWAYS
VESTED RIGHTS
Application for vested rights determina-
tion
Definitions . ..... ........... ........
Exhaustion of administrative remedies
required .............
Issuance vested rights permit
Judicial review ..... .......
Permit expiration; substantial deviations,
etc
Public hearing, .....
Purpose and intent
Residential densities
Definitions
Other multi-family/apartment develop-
ment projects
80-53 Purpose and intent
80-55 Residential condominium or townhouse
projects
Review and recommendation by city
80-54 attorney
80-52 Standards for determining vested rights
80-51 Supplemental evidence
80-57 Vested rights agreements ......... .....
80-56 Vested rights permits, effect
Section
80-2
80-5
80-3
80-86
80-85
80-80
80-79
80-81
80-78
80-77
80-88
80-76(a)
80-76(c)
80-76(e)
80-76(d)
80-76(g)
80-76(f)
80-76(b)
80-77
80-82
115-7
115-2
115-4
115-12
115-13
115-6
115-11
115-1
115-15
115-17
115-14
115-16
115-8
115-5
115-9
115-10
115-3
Supp. No. 28
CDi:46
WASTEWATER
Sewer impact fees
Excessive quantity of.......... .....
WATER SUPPLY AND DISTRIBUTION
Concurrency management... , .....
See: LAND DEVELOPMENT CODE
Floodplain management ......... • .....
See: LAND DEVELOPMENT CODE
Impact fees generally
See: IMPACT FEES
Public service tax generally
See: TAXATION
Reclaimed water
Connection to the system
Definitions
Installation and inspection of the
reclaimed water system
Adoption of Chapter 62-610, F.A.C
Areas embraced ....... ..... .
Cross -connection control
Discontinuance of service ... .....
Inspections
Policies and regulations adopted;
compliance required
Public employees Liability .....
Special magistrate or code enforce-
ment board authority and viola-
tion liability, ....... „ ,
Unauthorized use ..... . ......
Unlawful connections or practices
Reclaimed water uses
Right to refuse service
Usage rates........ ..... . .....
Sanitary sewer system
See: SEWERS AND SEWAGE
DISPOSAL
Subdivisions
Land development code regulations
See: LAND DEVELOPMENT CODE
WATERWAYS, WATERCOURSES. See:
BOATS, DOCKS AND WATERWAYS
WEEDS AND DEAD VEGETATION
Fees schedule in general. See: FEES
(Appendix B)
Fertilizer land application
Management of grass clippings and
vegetative matter
Intent
Notice to remedy nuisance
Public nuisance prohibited
Records ..... ............. ........... ,
Remedies by city ..............
Tree protection, land clearing
See: LAND DEVELOPMENT CODE
CODE INDEX
Section Section
WETLANDS PROTECTION
Specific regulations 106-26 et seq.
See: LAND DEVELOPMENT CODE
78-123
86-1 et seq.
90-26 et seq.
2-231 et seq.
70-26 et seq.
78-177
78-176
78-200
78-197
78-198
78-193
78-192
WHISKEY. See: ALCOHOLIC BEVERAGES
WHISTLING
Noises, enumeration of prohibited ....... 34-153(4)
WINE. See: ALCOHOLIC BEVERAGES
WRITS, WARRANTS AND OTHER
PROCESSES
Franchise reg-ulations in general. See:
FRANCHISES (Appendix A)
Y
YARD WASTE. See: SOLID WASTE
YARDS AND OPEN SPACES
Subdivisions
Land development code regulations ... 98-1 et seq.
See: LAND DEVELOPMENT CODE
Weeds and ........ 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
YELLING
78-191 Noises, enumeration of prohibited ....... 34-153(4)
78-196
78-195
78-199
78-194
78-178
78-181
78-180
78-26 et seq.
98-1 et seq.
92-10
34-121
34-123
34-122
34-127
34-126
102-36 et seq.
ZONING. See also: LAND DEVELOPMENT
CODE
Amendments to map
Certain ordinances not affected by Code 1-10(a)(9)
Fees schedule in general. See: FEES
(Appendix B)
Floodplain management ....... ......... 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code ........ ......... 110-1 et seq.
See: LAND DEVELOPMENT CODE
Local planning agency ....... „ , 58-56 et seq.
See: PLANNING AND DEVELOPMENT
Signs
Land development code regulations ... 94-1 et seq.
See: LAND DEVELOPMENT CODE
Street excavations ......... ............. 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations ... 98-1 et seq.
See: LAND DEVELOPMENT CODE
Plats and lot splits
Division of land; review and approval
required; zoning ........ 98-31
Weeds and vegetation ........... ........ 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection ........ ............ 106-26 et seq.
See: LAND DEVELOPMENT CODE
Supp. No, 28 CDi:47