HomeMy WebLinkAboutcocc_resolution_no_2024-17_20241015RESOLUTION NO. 2024-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
PROVIDING FOR A TEMPORARY WAIVER OF BUILDING
PERMIT FEES FOR REPAIRS RELATED TO BUILDING OR
STRUCTURAL DAMAGE CAUSED BY HURRICANE
MILTON; PROVIDING FOR AN INTENT AND PURPOSE OF
THIS RESOLUTION; PROVIDING FOR A FILING PERIOD
FOR ELIGIBLE BUILDING PERMIT APPLICATIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Hurricane Milton caused significant damage to properties within the geographic
area of the City of Cape Canaveral on or about October 9 and 10, 2024; and
WHEREAS, the Honorable Ron DeSantis, Governor of the State of Florida, issued Executive
Order 24-214 on October 5, 2024, as amended by Executive Order 24-215, declaring a state of
emergency for several counties in Florida due to the dangers presented by Hurricane Milton
which included Brevard County; and
WHEREAS, Section 252.38(3), Florida Statutes, provides authority for local governments such
as the City of Cape Canaveral to declare a local state of emergency and to take actions in emergency
situations such as waiving the procedures and formalities otherwise required of political subdivisions
by State law; and
WHEREAS, pursuant to Chapter 18 of the City Code of Cape Canaveral, the City Council
adopted Resolution No. 2024-16 declaring a local civil emergency due to Hurricane Milton on
October 7, 2024, addressing matters relating to emergencies, including taking whatever prudent
action is necessary to ensure the health, safety, and welfare of the community; and
WHEREAS, the Florida Buildings Codes Act, Section 553.7922, Florida Statutes, specifically
authorizes local governments to waive application and inspection fees for certain non -technical
building permit fees that are expedited pursuant to the Act, including, but not limited to, roof repairs,
reroofing, electrical repairs, service changes, or the replacement of one window or one door; and
WHEREAS, the City Council recognizes that it is imperative that building permit fees not
contribute to the financial burdens of recovering from Hurricane Milton for City of Cape Canaveral
residents for those non -technical building permit applications associated with hurricane damage; and
WHEREAS, Hurricane Milton continues to pose a serious threat to the health,
safety, and welfare of the residents of the City of Cape Canaveral.
WHEREAS, this Resolution is adopted pursuant to the Florida Municipal Home
Rule Powers Act, Section 166.222, Florida Statutes, Chapter 18 of the City Code, and the
City of Canaveral Resolution No. 2024-17
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emergency powers vested in the City Council pursuant to all applicable law; and
WHEREAS, the City Council hereby finds that this Resolution is in the best interests
of the citizens of Cape Canaveral; and
NOW, THEREFORE, BE IT RESOLVED, as follows:
SECTION 1. Recitals. The foregoing recitals are hereby fully
incorporated herein by this reference and are deemed a material part of this Resolution.
SECTION 2. Intent and Purpose. It is the intent and purpose of this
Resolution to only address building or structural damage directly caused by Hurricane
Milton. This Resolution is not intended to apply to building permit applications filed with
the City that are not related to repairing building or structural damage caused by Hurricane
Milton. To the extent that a particular building or structure was substantially destroyed
by Hurricane Milton and is beyond repair according to the City's building official, a new
replacement building or structure on the same property as the substantially destroyed
building or structure shall be considered a repair under this Resolution.
SECTION 3. Temporary Waiver of Building Permit Fees. The City
Council of the City of Cape Canaveral hereby provides that building permit fees are hereby
waived for any building permit application filed with the City related to repairing building
or structural damage caused by Hurricane Milton. All such applications must be filed with
the City's Building Department on or after October 11, 2024, but no later than six (6)
months after the effective date of this Resolution. The City Council shall have the option
to extend this Resolution in additional thirty (30) or sixty (60) day increments if authorized
prior to the expiration of this Resolution. For purposes of granting the building permit fee
waiver, the Building Official or his or her designee shall be responsible for verifying that
the repairs being permitted are directly related to damage caused by Hurricane Milton.
Notwithstanding the fee waiver authorized by this Section, all building application,
licensing, insurance, inspection, and other building permit fees/conditions required by law
shall apply.
SECTION 4. Severability. If any section, subsection, sentence, clause,
phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portion hereto.
SECTION 5. Effective Date. This Resolution shall become effective
immediately upon adoption by the City Council of the City of Cape Canaveral, Florida.
City of Canaveral Resolution No. 2024-17
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled this 15th day of October 2024.
ATTEST:
Mia Goforth, City Clerk
Approved as to form and legal sufficiency
For the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
Wes Morrison, Mayor
NAME FOR AGAINST
Kim Davis Absent
Kay Jackson Second
Mickie Kellum Motion
Wes Morrison x
Don Willis x
City of Canaveral Resolution No. 2024-17
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SEAL OF CAPE CANAVERAL, FLORIDA