HomeMy WebLinkAboutCode Master Project 1978: Chapter 263: Commercial Development BoardHistory File Chapter 265
ENROLLED
SB 792 First Encrossed
1 A bill to be entitled
2 An act relating to the enforcement of local
3 government codes; amending s . 162 . 06, F. S. ;
4 revising the procedure to be followed by a code
5 inspector when he finds a violation of a code;
6 amending s. 162 . 09 , F.S. ; specifying factors
7 that a code enforcement board must consider in
8 setting a fine for a code violation; amending
9 s . 162 .12, F.S. ; providing an additional method
10 of serving notices under the Local Government
11 Code Enforcement Boards Act ; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida :
15
16 Section 1 . Subsections ( 2 ) and ( 3) of section 162 . 06,
17 Florida Statutes, 1986 Supplement , are amended to read :
18 162 .06 Enforcement procedure.--
19 ( 2 ) Except as provided in subsection ( 3 ) , if a
20 violation of the codes is found, the code inspector shall
21 notify the violator and give him a reasonable time to correct
22 the violation. Should the violation continue beyond the time
23 specified for correction, the code inspector shall notify an
24 enforcement board and request a hearing. The code enforcement
25 board, through its clerical staff , shall schedule a hearing,
26 and written notice of such hearing shall be hand delivered or
27 mailed as provided in s . 162 . 12 by-this-chapter to said
28 violator . At the option of the code enforcement board, notice
29 may additionally be served by publication or posting as
30 provided in s . 162. 12 . If the violation is corrected and then
31 recurs or if the violation is not corrected by the time
1 792
CODING: Words stricken are deletions; words underlined are additions.
SB 792 First Engrossed
1 specified for correction by the code inspector , the case may
2 shall be presented to the enforcement board even if the
3 violation has been corrected prior to the board hearing, and
4 the notice shall so state.
5 ( 3 ) If the code inspector has reason to believe a
6 violation presents a serious threat to the public health,
7 safety, and welfare or if the violation is irreparable or
8 irreversible in nature, the code inspector shall make a
9 reasonable effort to notify the violator and may immediately
10 notify the enforcement board and request a hearing .
11 Section 2 . Section 162 . 09 , Florida Statutes, 1986
12 Supplement , is amended to read:
13 162 . 09 Administrative fines ; liens .--
14 ( 1 ) An enforcement board, upon notification by the
15 code inspector that an order of the enforcement board has not
16 been complied with by the set time or , upon finding that the
17 same violation has been repeated by the same violator , may
18 order the violator to pay a fine not to exceed $250 for each
19 day the violation continues past the date set for compliance
20 or for each time the violation has been repeated, and a
21 hearing shall not be necessary for issuance of the order .
22 ( 2 ) In determining the amount of the fine, if any, the
23 enforcement board shall consider the following factors :
24 (a) The gravity of the violation;
25 (b) Any actions taken by the violator to correct the
26 violation; and
27 ( c) Any previous violations committed by the violator .
28 ( 3 ) A certified copy of an order imposing a fine may
29 be recorded in the public records and thereafter shall
30 constitute a lien against the land on which the violation
31 exists and upon any other real or personal property owned by
2 792
CODING: Words stricken are deletions ; words underlined are additions .
SB 792 First Engrossed
1 the violator ; and it may be enforced in the same manner as a
2 court judgment by the sheriffs of this state, including levy
3 against the personal property, but shall not be deemed to be a
4 court judgment except for enforcement purposes . After 6
5 months from the filing of any such lien which remains unpaid,
6 the enforcement board may authorize the local governing body
7 attorney to foreclose on the lien. No lien created pursuant
8 to the provisions of this chapter may be foreclosed on real
9 property which is a homestead under s . 4 , Art . X of the State
10 Constitution.
11 Section 3 . Section 162 . 12, Florida Statutes, 1986
12 Supplement, is amended to read:
13 162 . 12 Notices .--
14 ( 1) All notices required by this act shall be provided
15 to the alleged violator by certified mail , return receipt
16 requested, or by hand delivery by the sheriff or other law
17 enforcement officer , code inspector , or other person
18 designated by the local governing body, or by leaving the
19 notice at the violator ' s usual place of residence with some
20 person of his family above 15 years of age and informing such
21 person of the contents of the notice . .
22 ( 2 ) In addition to providing notice as set forth in
23 subsection ( 1) , at the option of the code enforcement board,
•
24 notice may also be served by publication or posting, as
25 follows :
26 (a) 1 . Such notice shall be published once during each
27 week for 4 consecutive weeks ( four publications being
28 sufficient) in a newspaper of general circulation in the
29 county where the code enforcement board is located. The
30 newspaper shall meet such requirements as are prescribed under
31 chapter 50 for legal and official advertisements .
3 792
CODING: Words stricken are deletions ; words underlined are additions .
SB 792 First Engrossed
1 2 . Proof of publication shall be made as provided in
2 ss . 50 . 041 and 50 . 051 .
3 ( b) 1 . If there is no newspaper of general circulation
4 in the county where the code enforcement board is located,
5 three copies of such notice shall be posted for at least 28
6 days in three different and conspicuous places in such county,
7 one of which shall be at the front door of the courthouse in
8 said county.
9 2 . Proof of posting shall be by affidavit of the
10 person posting the notice, which affidavit shall include a
11 copy of the notice posted and the date and places of its
12 posting .
13 ( c) Notice by publication or posting may run
14 concurrently with, or may follow, an attempt or attempts to
15 provide notice by hand delivery or by mail as required under
16 subsection ( 1 ) .
17
18 Evidence that an attempt has been made to hand deliver or mail
19 notice as provided in subsection ( 1 ) , together with proof of
20 publication or posting as provided in subsection ( 2 ) , shall be
21 sufficient to show that the notice requirements of this
22 chapter have been met , without regard to whether or not the
23 alleged violator actually received such notice .
24 Section 4 . This act shall take effect October 1 , 1987 .
25
26
27
28
29
30
31 792
4
CODING: Words stricken are deletions; words underlined are additions.
§ 263.01 COMMERCIAL DEVELOPMENT § 263.02
BOARD
CHAPTER 263
Commerical Development
Board
Sec. 263.01 Establishment. The City
of Cape Canaveral hereby establishes a
Commerical Development Board in and for
the purpose of this ordinance, the words
"commerce" or "commercial" used herein,
shall pertain to activities in the areas
of industry, commerce, buisness, and
tourism. (Ord. No. 17-75, §1, 12 Aug
1974).
Sec. 263.02 Purpose. The Commercial
Development Board shall have the follow-
ing purpose and duties to wit:
(a) To prepare a commercial devel-
opment plan and submit same for approval
to the City Council. This paln shall
analyze existing conditions and needs
pertaining to the City's commerce and
determine optimum methods and means of
improving those conditions and satisfy-
ing those needs. The plan shall contain
as a minimum the following:
(1) A survey of existing commercial
entities locatin in the City.
(2) An inventory of existing vacant
space (building and land) suitable for
use in commercial develpment. (Coordi-
nate with Planning and Zoning Board).
(3) A determination of the commer-
cial needs of the citizens of Cape Cana-
veral that are presently going unsatisfied,
or being met by commercial entities out-
side of the City.
§ 263.02 COMM. DEV. BOARD § 263.03
(f) To advise City Council and the
City Manager of the advent of any new
commerical activity (i.e. new businesses,
siginificant change in existing businesses,
etc.) in the City's commerce in order
that timely and appropriate recognition
by the City can be effected.
(g) To cooperate with all community
groups which are dedicated to orderly
commercial expansion of the City, and
to furnish them with aid and advice as
is deemed appropriate.
(h) To generally encourage in any
manner the development of buisness,
commerce, industry and tourism in the
City.
(i) To investigate sources of
financial assistance available to the
City from the governmental or private
sector and to assist the City as
directed by Council in properly apply-
ing and promoting the successful
acquisition of said assistance. For
the purpose of this Ordinance, financial
assistance may be in the form of grants,
low interest loans or physical property,
including that of real or personal
nature. Activity in the private sector
will be limited to established founda-
tions. (Ord. No. 19-76 § 1, 7 Sep 1976,
Ord. No. 27-75 §1, 25 Nov 1975).
Sec. 263.03 Advisory Capacity. The
powers and duties of the Commercial
Development Board are of an advisory
nature only, and the Board shall not
have any powers or duties which
2L3-LE
§ 263 . 03 COMM. DEV. BOARD § 263 . 06
conflict with or supercede the powers
and duties of other City Boards. (Ord . No .
17-75 § 3 , 12 Aug 1975).
Sec. 263.04 Composition. The Commer-
cial Development Board shall consist of
nine (9) members. Each member shall either
be a bona fide resident in the City or
employed in a full time capacity in the
City at the time of his or her appointment
and during incumbency, or any other person
whom the City Council deems qualified to
promote the purposes as described in Sec-
tion 2 of this ordinance. At least two (2)
members of said Board shall be engaged in
an active buisness enterprise. Membership
of the Board shall include a significant
representation from the City's commercial
activities with credentials of each member
containing expertise in public relations
and/or business development skills. (Ord.
No. 17-75 §4, 12 Aug, 1975 a/a/b Ord. No.
8-76 §1, 4 May 1976 a/a/b Ord. No. 19-76,
§1, 7 Sep 1976).
Sec. 263.05 Term of Office. The mem-
bers of the Board shall be appointed by a
majority vote of the City Council for a
term of two years. Two (2) members of the
first Board shall serve for an initial term
of three years with succeeding appointments
of two years each. Alternate members shall
be appointed for a two year term. (Ord. No.
17-75 §5, 12 Aug 1975).
Sec 263.06 Vacancies. Vacancies
occurring on the Board shall be filled for
the unexpired term by the City Council.
(Ord. No. 17-75 §6, 12 Aug 1975).
§ 263 . 02 COMM. DEV. BOARD § 263 . 02
(4) An analysis of these needs and
the preparation of a plan for bringing
new and needed commercial enterprises to
the City. This plan should also seek
methods of enhancing existing commerce
presently located in our City in an effort
to satisfy citizen needs.
(b) To implement the Council approved
commercial development plan as directed
and funded by Council.
(c) To confer with and advise the City
Council on all matters concerning the
development of commerce in the City.
(d) To act as liaison for the City in
the area of public relations with the following:
(1) Cocoa Beach Area Chamber of
Commerce
(2) Canaveral Port Authority
(3) Brevard County Economic Devel-
opment Council.
(4) Other similar organizations or
agencies which, in the opinion
of the Commercial Development
Board would be appropriate for
such liaison.
(e) Determine from existing commercial
enterprises in the City and interested
outside entitites contemplating locating
in the City, the appropriate and necessary
action the City should take to enhance and
encourage the further development of the
City's commerce and to coordinate with and
advise pertinent officials and boards in
the City as to the implementation of this
action.
263-4A
§ 263 . 07 COMM. DEV . BOARD § 263 . 08
Sec . 263 . 07 Removal . The Council ,
by majority vote , shall have the authori-
thy to remove any member of the Board
from office whenever , in its discretion ,
the best interest of the City shall be
served thereby. (Ord . No . 17-75 § 7 ,
12 Aug 1975) .
Sec . 263 . 08 Rules and Procedures .
The Board shall adopt a set of rules
to govern meetings and procedures , which
shall be approved by Council . (Ord . No .
17-75 § 8 , 12 Aug 1975) .
263-5F
Extra Copies
ORDINANCE NO.19-76
AN ORDINANCE AMENDING ORDINANCE NO . 17-75,
"ESTABLISHING A COMMERCIAL DEVELOPMENT BOARD,
ETC. ", AS AMENDED, BY AMENDING THE PROVISIONS
FOR A COMMERCIAL DEVELOPMENT PLAN; BY DELETING
CERTAIN ORGANIZATIONS AND AGENCIES WITH WHICH
THE BOARD SHOULD MAKE CONTACT; BY AMENDING THE
COMPOSITION OF THE BOARD, INCREASING MEMBERSHIP
TO NINE MEM6E RS; REPEALING ALL ORDINANCES OR
PARTS THEREOF IN CONFLICT; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Ordinance No. 17-75, as amended, which established
a Commercial Development Board for the City of Cape Canaveral, Florida,
is hereby amended as follows:
(1) Section 2. Purpose (a) is amended by deleting therefrom the
first two sentences of sub-paragraph (a) and substituting therefor the
following language:
"Section 2. Purpose: . . .
(a) To prepare a commercial development plan and submit same
for approval to the City Council. . . ."
The remainder of sub-section (a) of Section 2 shall remain in full
force and effect.
(2) Section 2. Purpose (d) is amended by deleting therefrom sub-
paragraphs, (3), (4) and (5) which delete the following organizations with
which the Board must establish liaison: NASA, Disney World, Sea World
and similar attractions, Space Coast Motel and Apartment Owners
Association and similar organizations. RENUMBER & DELET
(3) Section 4. Composition, as amended by Ordinance No. 8-76,
is herebydeleted in its entirety, and the following new section substituted
therefor:
new 4
"Section 4. Composition: The Commercial Development Board
shall consist of nine (9) members. Each member shall either
be a bona fide resident in the City or employed in a full time
capacity in the City at the time of his or her appointment and
during incumbency, or any other person whom the City Council
deems qualified to promote the purposes as described in
Section 2 of this ordinance. At least two (2) members of said
Board shall be engaged in an active business enterprise.
Membership of the Board shall include a significant representa-
tion from the City's commercial activities with credentials of
each member containing expertise in public relations and/or
business development skills."[Ord. 17-75, ty 8-76, et 19-76]
SECTION 2. All ordinances or parts thereof in conflict Gierewith
are hereby repealed.
SECTION 3. This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 7th day of September 1976.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
NAME YES NO
NICHOLAS YES
HOOG YES
MURPHY YES
SALVAGGIO YES
THURM YES
FIRST READING: 8-17-76
POSTED: 8-18-76
ADVERTISED: 8-26-76
SECOND READING: 9-7-76
ORDINANCE NO. 19-76
PAGE 2 OF 2
ORDINANCE NO. 8-76
AN ORDINANCE AMENDING ORDINANCE NO. 17-75
WHICH ESTABLISHED A COMMERCIAL DEVELOPMENT
BOARD FOR THE CITY OF CAPE CANAVERAL, BY
AMENDING THE QUALIFICATIONS OF MEMBERSHIP
OF SAID BOARD; PROVIDING AN EFFECTIVE DATE.
Section BE IT ORDAINED by the City Council of the City of
Cape Canaveral, Florida, as follows :
SECTION 1. Ordinance No. 17-75, which established
a Commercial Development Board for the City of Cape Canaveral,
Florida, is hereby amended as follows :
Section 4 of said Ordinance is hereby deleted in
its entirety, and the following new section substituted therefor:
"SECTION 4 . Composition: The Commercial Development
deleted Board shall consist of five (5) members and two (2)
alternate members. Each member shall either be a
bona fide resident in the City or employed in a full
time capacity in the City at the time of his or her
appointment and during incumbency, or any other per-
son whom the City Council deems qualified to promote
the purposes as described in Section 2 of this Ordinance.
Membership of the Board shall include a significant
representation from the City' s commercial activities
with credentials of each member containing expertise
in public relations and/or business development skills."
SECTION 2. This Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 4th day of May , 1976.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO ABS
[4 names are illegible; 3 voted yes, Thurm voted no, & 1 didn't vote]
FIRST READING: 4-13-76
POSTED: 4-14-76
ADVERTISED: 4-19-76
SECOND READING: 5-4-76
NEW Chap 261
AMENDED 27-75
AMENDED 8-76
AMENDED 19-76
ORDINANCE NO. 17-75 6
AN ORDINANCE ESTABLISHING AN COMMERCIAL
DEVELOPMENT BOARD; PROVIDING FOR ITS PURPOSES,
COMPOSITION, POWERS, DUTIES AND TERM OF
OFFICE; PROVIDING AN EFFECTIVE DATE
261.01. Establishment: The City of Cape
Canaveral hereby establishes a Commercial Development Board
in and for the City of Cape Canaveral , Florida . For the pur-
pose of this ordinance, the words "commerce" or "commercial"
used herein, shall pertain to activities in the areas of in-
dustry, commerce, business and tourism.
261.02 . Purpose: The Commercial Develop-
ment Board shall have the following purpose and duties to wit:
(a) To prepare a commercial development plan
and submit same for approval to City Council on or before the
1st of July each year. An interim plan shall be prepared for
the year 1975, 76 and submitted to Council for approval on or
before 2 January 1976. This plan shall analyze existing condi-
tions and needs pertaining to the City' s commerce and determine
optimum methods and means of improving those conditions and
satisfying those needs . The plan shall contain as a minimum
the following:
(1) A survey of existing commercial entities
located in the City.
(2) An inventory of existing vacant space
(building and land) suitable for use in commercial development.
(Coordinate with Planning and Zoning Board) .
(3) A determination of the commercial needs
of the citizens of Cape Canaveral that are presently going un-
satisfied, or being met by commercial entities outside of the
City.
SECTION 2 , Continued
(4) An analysis of these needs and the
preparation of a plan for bringing new and needed commercial
enterprises to the City. This plan should also seek methods
of enhancing existing commerce presently located in our City
in an effort to satisfy citizen needs .
(b) To implement the Council approved
commercial development plan as directed and funded by Council .
(c) To confer with and advise the City Council
on all matters concerning the development of commerce in the
City.
Change 27-75 (d) To act as liaison for the City in the
area of public relations with the following:
(1) Cocoa Beach Area Chamber of Commerce
(2) Canaveral Port Authority
(3) NASA
(4) Disney World, Sea World and similar
attractions.
(5) Space Coast Motel and Apartment Owners'
Association and similar organizations.
(6) Brevard County Economic Development
Council.
(e) Determine from existing commercial enter-
prises in the City and interested outside entities contemplating
locating in the City, the appropriate and necessary action the
City should take to enhance and encourage the further development
of the City' s commerce and to coordinate with and advise pertinent
offiaials and boards in the City as to the implementation of this
action.
(f) To advise City Council and the City
Manager of the advent of any new commercial activity (i.e. new
businesses, significant change in existing businesses, etc.) in
the City' s commerce in order that timely and appropriate recogni-
tion by the City can be effected.
(g) To cooperate with all community groups
which are dedicated to orderly commercial expansion of the City,
and to furnish them with aid and advice as is deemed appropriate.
(h) To generally encourage in any manner
the development of business , commerce, industry and
tourism in the City.
addi 27-75 261.03 SECTION 3 . Advisory Capacity: The powers
and duties of the Commercial Development Board are
of an advisory nature only, and the Board shall not
have any powers or duties which conflict. with or
supercede the powers and duties of other City Boards.
changed 8-76 261.04 SECTION 4 . Composition: The Commercial Develop-
ment Board shall consist of five (5) members and two - (2)
alternate members. Each member shall either be a bonafide
resident in the City or employed in a full-time capacity
in the City at the time of his or her appointment and
during incumbency. Membership of the Board shall include
a significant representation from the City's commercial
activities with credentials of each member containing
expertise in public relations and/or business develop-
ment skills.
261.05 SECTION 5 . Term of Office: The members of the
Board shall be appointed by a majority vote of the City
Council for a term of two years. Two (2) members of the
first Board shall serve for an initial term of three
years with succeeding appointments of two years each.
Alternate members shall be appointed for a two year term.
261.06 SECTION 6. Vacancies: Vacancies occurring on
the Board shall be filled for the unexpired term by the
City Council.
261.07 SECTION 7. Removal: The Council, by majority
vote, shall have the authority to remove any member of
the Board from office whenever, in its discretion, the
best interest of the City shall be served thereby.
261.08 SECTION 8 . Rules and Procedures : The Board
shall adopt a set of rules to govern meetings and procedures,
which shall be approved by Council.
SECTION 9 . This Ordinance shall become effective,
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 12th day of August, 1975.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO ABS
MACLAY YES
NICOLHAS YES
RHAME YES
SALVAGGIO YES
THURM YES
ORDINANCE NO. 27-75
AN ORDINANCE AMENDING ORDINANCE NO. 17-75,
WHICH ORDINANCE ESTABLISHED A COMMERCIAL
DEVELOPMENT BOARD BY MODIFYING THE SCOPE OF
DUTIES OF SAID BOARD; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Ordinance No. 17-75 establishing a Commercial
Development Board is hereby amended as follows:
(1) Add the following new sub-section to Section 2(d):
"2(d)(7) Other similar organizations or agencies which, in
the opinion of the Commercial Development Board
ok would be appropriate for such liaison. "
(2) Add new paragraph to Section 2, as follows:
"2(i) To investigate sources of financial assistance available
to the City from the governmental or private sector and
to assist the City as directed by Council in properly
applying and promoting the successful acquisition of
said assistance. For the purpose of this Ordinance,
ok financial assistance may be in the form of grants, low
interest loans or physical property, including that of
real or personal nature. Activity in the private sector
will be limited to established foundations. "
SECTION 2. This Ordinance will become effective immediately upon
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this 25 day of November, 1975.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
City Attorney
FIRST READING: 11-4-75
POSTED: 11-5-75
SECOND READING: 11-25-75
ADVERTISED: 11-10-75
NAME YES NO ABS
MACLAY YES
NICHOLAS YES
RHAME YES
SALVAGGIO YES
THURM YES
Change chap 263
Comm Dev Brd
Done New Chap 261
Extra Copy
ORDINANCE NO. 27-75
AN ORDINANCE AMENDING ORDINANCE NO. 17-75.
WHICH ORDINANCE ESTABLISHED A COMMERCIAL
DEVELOPMENT BOARD BY MODIFYING THE SCOPE OF
DUTIES OF SAID BOARD; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Ordinance No. 17-75 establishing a Commercial
Development Board is hereby amended as
(1) Add the following new sub-section to Section 2(d):
4 "2(d)(7) Other similar organizations or agencies which, in
the opinion of the Commercial Development Board
would be appropriate for such liaison. "
(2) Add new paragraph to Section 2, as follows:
2(i) To investigate sources of financial assistance available
to the City from the governmental or private sector and
to assist the City as directed by Council in properly
applying and promoting the successful acquisition of
said assistance. For the purpose of this Ordinance,
financial assistance may be in the form of grants, low
interest loans or physical property, including that of
real or personal nature. Activity in the private sector
will be limited to established foundations."
SECTION 2. This Ordinance will become effective immediately upon
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this 25 day of November, 1975.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
FIRST READING: 11-4-75
POSTED: 11-5-75
SECOND READING: 11-25-75
ADVERTISED: 11-10-75
NAME YES NO ABS
MACLAY YES
NICHOLAS YES
RHAME YES
SALVAGGIO YES
THURM YES
Change Chap 263
AMENDED 27-75
AMENDED 8-76
AMENDED 9-76
ORDINANCE NO. 17-75
AN ORDINANCE ESTABLISHING A COMMUNITY
DEVELOPMENT BOARD; PROVIDING FOR ITS PURPOSES,
COMPOSITION, POWERS, DUTIES AND TERM OF
OFFICE; PROVIDING AN EFFECTIVE DATE
WHEREAS , it is the desire of the City of
Cape Canaveral to establish a Commercial Development Board
for the purpose of encouraging , promoting and coordinating
the development of industry, commerce, business and tourism
in the City of Cape Canaveral, Florida;
NOW, THEREFORE, BE IT ORDAINED by the City
Council of the City of Cape Canaveral , Florida , as follows :
263.01 SECTION 1. Establishment: The City of Cape
Canaveral hereby establishes a Commercial Development Board
in and for the City of Cape Canaveral , Florida. For the pur-
pose of this ordinance, the words "commerce" or "commercial"
used herein, shall pertain to activities in the areas of in-
dustry, commerce, business and tourism. 17-75 12 Aug 1975
263.02 SECTION 2 . Purpose: The Commercial Develop- ok
ment Board shall have the following purpose and duties to wit:
This plan shall analyze existing condi-
tions and needs pertaining to the City ' s commerce and determine
optimum methods and means of improving those conditions and
satisfying those needs. The plan shall contain as a minimum
the following:
(1) A survey of existing commercial entities
located in the City.
(2) An inventory of existing vacant space
(building and land) suitable for use in commercial development.
(Coordinate with Planning and Zoning Board).
(3) A determination of the commercial needs
of the citizens of Cape Canaveral that are presently going un-
satisfied, or being met by commercial entities outside of the
City.
SECTION 2 . Continued
(4) An analysis of these needs and the
preparation of a plan for bringing new and needed commercial
enterprises to the City. This plan should also seek methods
of enhancing existing commerce presently located in our City
in an effort to satisfy citizen needs.
(b) To implement the Council approved
commercial development plan as directed. and funded. by Council.
(c) To confer with and advise the City Council
on all matters concerning the development of commerce in the
City.
(d) To act as liaison for. the City in the
area of public relations with the following :
(1) Cocoa Beach Area Chamber of Commerce
(2) Canaveral Port Authority
(3) Brevard County Economic Development
Council.
(7) 27-75 aad 25 Nov. 1975 §1
(e) Determine from existing commercial enter-
prises in the City and interested outside entities contemplating
locating in the City, the appropriate and necessary action the
City should take to enhance and encourage the further development
of the City' s commerce and to coordinate with and advise pertinent
officials and boards in the City as to the implementation of this
action.
(f) To advise City Council and the City
Manager of the advent of any new commercial activity (i.e. new
businesses, significant change in existing businesses , etc. ) in
the City' s commerce in order that timely and appropriate recogni--
tion by the City can be effected.
(g) To cooperate with all community groups
which are dedicated to orderly commercial expansion of the City,
and to furnish them with aid and advice as is deemed appropriate.
(h) To generally encourage in any manner
the development of business, commerce, industry and
tourism in the City. (19-79 §1 Sep. 1976) 27-75 §1 25 Nov 1975 add
add N 263.03 Advisory Capacity. The powers
and duties of the Commercial Development Board are
of an advisory nature only, and the Boars shall not
have any powers or duties which conflict with or
supercede the powers and duties of other City Boards. - 17-75 12 Aug 1975
263.04 Composition: delete 8-76 §1 4 Map 1976 a/a/b 19-76 §1, 7 Sep 76
263.05 Term of Office: The members of the
Board shall be appointed by a majority vote of the City
Council for a term of two years. Two (2) members of the
first Board shall serve for an initial term of three
years with succeeding appointments of two years each.
Alternate members shall be appointed for a two year term. 17-75
263.06 Vacancies: Vacancies occuring on
the Board shall be filled for the unexpired term by the
City Council. 17-75
263.07 Removal: The Council, by majority
vote, shall have the authority to remove any members of
the Board from office whichever, in its discretion, the
best interest of the City shall be served thereby. 17-75
263.08 Rules and Procedures: The Board
shall adopt a set of rules to govern meetings and procedures,
which shall be approved by Council. 17-75 12 Aug. 1975
SECTION 9. This Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 12th day of August, 1975.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
MACLAY YES
NICHOLAS YES
RHAME YES
SALVAGGIO YES
THURM YES
Change to 263
Done Chap. 261
Extra Copy
ORDINANCE NO. 19-76
AN ORDINANCE AMENDING ORDINANCE NO. 17-75
"ESTABLISHING A COMMERCIAL DEVELOP BOARD,
ETC. ", AS AMENDED, BY AMENDING THE PROVISIONS
FOR A COMMERCIAL DEVELOPMENT PLAN; BY DELETING
CERTAIN ORGANIZATIONS AND AGENCIES WITH WHICH
THE BOARD SHOULD MAKE CONTACT; BY AMENDING THE
COMPOSITION OF THE BOARD, INCREASING MEMBERSHIP
TO NINE MEMBE RS; REPEALING ALL ORDINANCES OR
PARTS THEREOF IN CONFLICT; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Ordinance No. 17-75, as amended, which established
a Commercial Development Board for the City of Cape Canaveral, Florida,
is hereby amended as follows:
(1) Section 2. Purpose (a) is amended by deleting therefrom the
first two sentences of sub-paragraph (a) and substituting therefor the
following language:
"Section Section 2. Purpose: . . .
(a) To prepare a commercial development plan and submit same
approval to the City Council. . . . "
The remainder of sub-section (a) of Section 2 shall remain in full
force and effect.
(2) Section 2. Purpose (d) is amended by deleting therefrom sub-
paragraphs (3), (4) and (5) which delete the following organizations with
which the Board must establish liaison: NASA, Disney World, Sea World
and similar attractions, Space Coast Motel and Apartment Owners
Association and similar organizations.
(3) Section 4. Composition, as amended by Ordinance No. 8-76,
is hereby deleted in its entirety, and the following new section substituted
therefor:
"Section 4. Composition: The Commercial Development Board
shall consist of nine (9) members. Each member shall either
be a bona fide resident in the City or employed in a full time
capacity in the City at the time of his or her appointment and
during incumbency, or any other person whom the City Council
deems qualified to promote the purposes as described in
Section 2 of this ordinance. At least two (2) members of said
Board shall be engaged in an active business enterprise.
Membership of the Board shall include a significant representa-
tion from the City's commercial activities with credentials of
each member containing expertise in public relations and/or
business development skills. "
SECTION 2. All ordinances or parts thereof in conflict herewith
are hereby repealed.
SECTION 3. This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 7th day of September 1976.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
NICHOLAS YES
HOOG EYS
MURPHY YES
SALVAGGIO YES
THURM YES
FIRST READING: 8-17-76
POSTED: 8-18-76
ADVERTISED: 8-26-76
SECOND READING: 9-7-76
ORDINANCE No. 19-76
PAGE 2 OF 2
Change Chap 263
Done Chap 261
Extra Copy
ORDINANCE NO. 8-76
AN ORDINANCE AMENDING ORDINANCE NO. 17-75
WHICH ESTABLISHED A COMMERCIAL DEVELOPMENT
BOARD FOR THE CITY OF CAPE CANAVERAL, BY
AMENDING THE QUALIFICATIONS OF MEMBERSHIP
OF SAID BOARD; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of
Cape Canaveral, Florida, as follows:
SECTION 1. Ordinance No. 17-75, which established
a Commercial Development. Board for the City of Cape Canaveral,
Florida, is hereby amended as follows:
Section 4 of said Ordinance is hereby deleted in
its entirety, and the following new section substituted therefor:
delete 19-76 7, Sep. 76
SECTION 2. This Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 4th day of May , 1976.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO ABS
MACLAY [no marking]
[illegible] YES
[illegible] YES
SALVAGGIO YES
THURM NO
FIRST READING: 4-13-76
POSTED: 4-14-76
ADVERTISED: 4-19-76
SECOND READING: 5-4-76