HomeMy WebLinkAboutOrdinance No. 18-2010ORDINANCE NO. 18- 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER 66, ARTICLE III,
EXCAVATIONS, OF THE CODE OF ORDINANCES RELATED TO OPEN
CUTTING OF ROADS OR STREETS, PERMITTING, FEES AND
INSPECTIONS; 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, proper regulation to preserve the quality of paved roads and streets is
important for the quality of life, safety and health of the residents of the City of Cape Canaveral;
and
WHEREAS, the City Council desires to update certain provisions of Chapter 66 of the
City Code related to street excavations as set forth herein in order to update and refine the
requirements for performing and permitting street excavations in the City; 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.
Section 2. Code Amendment. Chapter 66, Article III, Excavations, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type
indicates additions and c•rR type indicates deletions, while asterisks ( * * *) indicate a deletion
from this Ordinance of text existing in Chapter 66. It is intended that the text in Chapter 66
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
ARTICLE III. EXCAVATIONS
DIVISION 1. GENERALLY
* **
City of Cape Canaveral
Ordinance 18 -2010
Page 1 of 4
Sec. 66 -65. Method of installation.
All installations under or across paved streets or roads shall be made by boring and
jacking if possible Installation by open cut will be allowed by speeial pefmissie shall be
prohibited, except as authorized in writing by the City Manager or the City Manager's designee
Any person who receives an adverse decision of the City Manager or the City Manager's
designee may appeal such decision to the City Council within ten (10) days of receipt of the
decision All materials and workmanship shall conform to requirements established by the city,
which will be available from the City Manager or his designee.
DIVISION 2. PERMIT
Sec. 66-81. Required.
It shall be unlawful for any person to dig up, break, excavate, tunnel, jet, bore and jack,
undermine or in any manner break up any street, highway, sidewalk or other public way or
public grounds or to make or cause to be made any excavation in or under the surface of any
street for any purpose or to place, deposit or leave upon any street any earth or other excavated
material obstructing or tending to interfere with the free use of the street, unless such person
shall first have obtained a permit from the city. Permits issued under this article shall expire 90
days after issuance.
Sec. 66-83. Fee.
(a) A permit fee as set forth in appendix B to this Code shall be charged for the
issuance of an excavation permit, which fee shall be in addition to all other fees for
permits or charges relative to any proposed construction work. Excavation work
performed by City Staff, by City contractors on City projects, or pursuant to an approved
franchise agreement shall not be subject to the permit fee.
(b) The City Manager is authorized to waive permit fees for permits issued under this
article, provided such work is required by the City_
Sec. 66 -84. Cash d Deuosits .
(a) The application for an excavation permit to perform excavation work under this
article shall be accompanied with a cash deposit, for deposit with the City, in an amount
set forth in appendix B to this Code
fflade in for streets which have been paved and for
e" a afien to be made in streets which are not paved. No depesit shall be less t
the fninimufn as set fefth in appendix B to this Code. Afty iding to make
deposit in the amount set fof4h in appendix B to this Code, and the per-san so depositi
City of Cape Canaveral
Ordinance 18 -2010
Page 2 of 4
mot befequir-ed- to mike— the speeial depesits pfevided i t his eet n b ,.h
. Any
speeial of: ge deposit made under this section shall serve as security for the repair
and performance of work necessary to put the street in as good condition as it was prior
to the excavation, if the permittee fails to make the necessary repairs or to complete the
proper refilling of the opening and the excavation work under the excavation permit.
Excavation work performed by City Staff, by City contractors on City projects, or
pursuant to an approved franchise agreement shall not be subject to the deposit
requirements of this section.
(b) The City Manager is authorized to waive the deposit required by this section for
excavation work required by the City_
(c) Upon the permittee's completion of the work covered by such permit in
conformity with this article, as determined by the city,
dept, the balance shall be refunded by the city to the permittee upon the expiration of a
'stn the 90-day permit period. However, the city may use any or all of such deposit
to pay the cost of any work the city performs to restore or maintain the street if the
permittee fails to perform such work, in which event the amount refunded to the
permittee shall be reduced by the amount thus expended by the city.
Sec. 66 -85. Inspections.
All excavation work shall receive an approved final inspection from the Public Works
Department. Failure to obtain an approved final inspection within the time frame specified in
section 66 -81 shall result in the City's utilization of the deposit required by Section 66 -84.
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
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 immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance 18 -2010
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21" day of
December, 2010.
Rocky Randels, Mayor
ATTEST:
FOR AGAINST
O—Zlw� -- I I /..- f
Bob Hoog x
Angela Apperson, City Clerk Jim Morgan Absent
BUZZ Petsos Mnti nn
Rocky Randels x
Betty Walsh Second
First Reading: December 7, 2010
Legal Ad Published: December 10, 2010
Second Reading: December 21, 2010
Approved as to legal form and sufficiency for
the City f Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance 18 -2010
Page 4 of 4