HomeMy WebLinkAboutOrdinance No. 08-2009ORDINANCE NO. 08-2009
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE,
BUILDINGS AND BUILDING REGULATIONS, RELATING
TO BUILDING PERMIT FEES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RE SOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the Florida
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 553.80, Florida Statutes, enables the City to provide a schedule of fees
for carrying out the City's responsibility to enforce the Florida Building Code, which shall be based
on direct costs and reasonable indirect costs associated with review of building plans building
inspections, re- inspections, and building permit processing; building code enforcement; and fire
inspections associated with new construction; and
WHEREAS, the City desires to amend section 82 -15 of the City Code to clarify the
requirements pertaining to payment of building permit fees; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT OR, I]AINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference
as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Code Amendment. That Chapter 82, Article I, entitled General Administrative, of
the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: ( underlined
type indicates additions and strilrZiCout type indicates deletions, while asterisks (* * *) indicate a
deletion from the Ordinance of text existing in Chapter 82. It is intended that the text in sections of
Chapter 82 denoted by the asterisks and set forth in this ordinance shall remain unchanged from the
language existing prior to adoption of this ordinance).
CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
City of Cape Canaveral
Ordinance 08 -2009
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ARTICLE I. GENERAL ADMINISTRATIVE
Sec. 8215. Schedule of permit fees.
On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations
requiring a permit, a fee for each permit shall be paid as required at the time of filing application,
in accordance with appendix B of the City of Cape Canaveral Code.
(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
(b) Amendment ofpermit. 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 ex ip red permit due to failure to obtain a final inspection until all such
outstanding fines are paid in full. However, the building official may waive such fine and/or
restriction for good cause shown.
Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
City of Cape Canaveral
Ordinance 08 -2009
Page 2 of 3
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This ordinance shall become effective on October 1, 2009.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
August, 2009.
QOG� Q�
ROCKY RAND LS, Mayor
ATTEST:
MIA GOFORTH, AdKg Deputy City Clerk
For Against
Bob Hoog
Motion
Buzz Petsos
Second
Rocky Rande is
_ X�
C. Shannon Roberts
X
Betty Walsh
X
First Reading: August 4, 2009
Legal Ad published: August 7, 2009
Second Reading: August 18, 2009
Approved as to legal form and sufficiency for
the Ci - o Cape Canaveral only:
A.NTH ONY A. OARGANE S E, City Attorney
City of Cape Canaveral
Ordinance 08 -2009
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