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Home My WebLink AboutOrdinance No. 06-2007ORDINANCE No, 06-2007 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE VI., CHAPTER 2, OF THE CITY CODE RELATED TO CODE ENFORCEMENT CITATIONS; AMENDING THE LIST OF CITY CODE PROVISIONS ENFORCED THROUGH ISSUANCE OF A CIVIL CITATION; ESTABLISHING THE CLASS OF VIOLATION FOR EACH PROVISION; MAKING CONFORMING AMENDMENTS TO CHAPTERS 34 AND 110 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 162, Florida Statutes, provides that municipalities may designate the enforcement methods and penalties to be imposed for the violation of its codes and ordinances, and that such enforcement methods may include, but are not limited to, the issuance of a citation, in addition to hearings before the code enforcement board; and WHEREAS, the City Council believes that in certain cases, the only effective enforcement tool, due to the nature of the violation, is the issuance of a civil citation; and WHEREAS, the City Council desires to amend the City Code with respect to the enumerated list of code provisions subject to enforcement through issuance of a civil citation; and WHEREAS, conforming amendments to certain provisions of the City Code are required to provide for enforcement of those provisions through issuance of civil citations; 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 ORDAINED 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 this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 06 -2007 Page 1 of 6 Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE VL CODE ENFORCEMENT DIVISION 3, CODE ENFORCEMENT CITATIONS See. 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 II. Q Chapter 34, Article II Litter ... Class I. Chapter 34, Article III, Property Maintenance Standards ...Class I. Chapter 34, Article V, Noise ...Class I. Chapter 34, Article VII, Lights ... Class I. Section 14 -3, Bees and beehives prohibited ... Class I. Chapter 14 Article III, Sea Turtles ... Class„ I. Section 110 -467. Garage sales ...Class I. Section 110 -582, Swimming pool barriers. Class II. (10), Section 110 -48 6(d), Resort dwellings; resort condominiums; nonconforming use status; expiration ... Class IV.* City of Cape Canaveral Ordinance No. 06 -2007 Page 2 of 6 (11) Section 110487, Rental restrictions on dwelling units ... Class IV. Chapter 82 Article XIV. Numberinp, of Buildings and Property ... 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. *[City Editor's Note Not to be Codified — the amendments to section 2-283(a)(10) and (11) in this Ordinance were adopted by the City Council as referencing sections "110- 485(d)" and "110- 486 "; however, due to scrivener's error in another ordinance, Municipal Code Corporation will be codifying section 110- 485(d) as 110- 486(d) and codifying section 110 -486 as 110 -487. This ordinance has been modified prior to codification to reflect same. ] Section 3. Conforming Amendments to Chapter 34, Environment. Chapter 34, Environment, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 34. It is intended that the text in Chapter 34 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 34, ENVIRONMENT ARTICLE II. LITTER DIVISION 1. GENERALLY Sec. 34 -27. Reserved . -■ • ■ ■ • ■ . 19.1111 ELVAL■ • ■ 11 P&NLWA ■ f I I I KI E Nz yj 10CWTV a I I ■ ARTICLE III. PROPERTY MAINTENANCE STANDARDS Sec. 34 -95. Enforcement. City of Cape Canaveral Ordinance No. 06 -2007 Page 3 of 6 The code enforcement officer and code enforcement board shall enforce this article. Alternatively, this article may be enforced through the issuance of a code enforcement citation pursuant to the procedure set forth in_Chapter_2 of this Code. ARTICLE V, NOISE Sec. 34 -152. Reserved ARTICLE VII. LIGHTS Sec. 34 -208, Reserved Section 4, Conforming Amendments to Chapter 110, Zoning. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and type indicates deletions, while asterisks (* * *} indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 8. SWIMMING POOLS City of Cape Canaveral Ordinance No. 46 -2007 Page 4 of 6 Sec. 110 -582. Swimming pool barriers . Swimming pool barriers shall be required pursuant to Cha ter 515 Florida Statutes and the Florida Building Code., adopted by Chapter 82 of this Code. MIN I 1 11 1 1 1 1 1 lift I �u R I IN1111 V ■ r t = i ■ ■ : ■ i r oil ■ ■ no ■ i ■ ■: � i N ■- ■r i is ►■ _ ■� i� :i�■ :■ ■ i �s ■ a L wj 0 ppopqwpppwe @ R I I ILIN I I = . I I r r .. ; ..; i ■■ i = ■ IN r r : ■ s ■ r i : ■ ■ ■ ■ oil r 1 14 q twig a I I n 4 1 IWAM I Iiii I I Lo C I ILI M% ILTYA I I I I I I I I 11740 U 1 : : i - Lei ■ L kWA : 1 IMIM67 j a MWAM 11 ■ E a Section 5. 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 6. 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 7, Severability. If any section, subsection, sentence, clause, phrase, word or provision 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 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No, 06 -2007 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16 tl' day of October, 2007. 0 G.-‘40\ ( ROCKY RANDELS, Mayor ATTEST: For Against �, Bob Hoog _X -�� Leo Nicholas Motion Buzz Petsos Second Rocky Randels X SUSAN STILLS,City Clerk C. Shannon Roberts _X First Reading: October 2,2007 Legal Ad published: October 6, 2007 Second Reading: October 16,2007 Approved a. ,,s legal form and sufficiency for the City oo-' r- Canaveral only: AN 'HONY GARGANESE, City Attorney I I City of Cape Canaveral Ordinance No. 06-2007 Page 6 of 6 I