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Home My WebLink AboutOrdinance No. 08-2003ORDINANCE NO. 48 -2443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, RELATING TO SIDEWALK CONSTRUCTION; AMENDING SECTION 114 -475 OF THE CAPE CANAVERAL CODE TO INCLUDE PROVISIONS FOR THE CITY TO ADVANCE FUNDS AND CONSTRUCT REQUIRED SIDEWALKS WITHIN THE CITY AND THEN IMPOSE A SIDEWALK IMPACT FEE UPON NEW DEVELOPMENT ABUTTING THE SIDEWALK; PROVIDING FOR A METHOD FOR CALCULATING THE IMPACT FEE AND APPORTIONING THE COST OF SIDEWALK CONSTRUCTION TO PROPERTY OWNERS RECEIVING THE BENEFIT OF THE SIDEWALK; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. WHEREAS, Section 110 -475, Cape Canaveral Code, currently provides that sidewalks shall be required in conjunction with the construction of any building or development abutting any paved street within the City; and WHEREAS, the City of Cape Canaveral has exclusive control of City streets and sidewalks and has the discretion under the Florida Municipal Home Rule Powers Act to say when and where sidewalks shall be constructed in front of abutting property. § 37.18, McQuillin on Municipal Corporations; and WHEREAS, the City also has the police power to order abutting landowners to construct a sidewalk; and WHEREAS, the City also has the power to recover the cost of constructing sidewalks from abutting property owners that accrue a benefit from the sidewalk. See, e.g., Chapter 170, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral finds that development of all kinds has an impact and burden on pedestrian travel throughout the City and that sidewalks are instrumental in protecting pedestrians and providing ingress and egress to development; and WHEREAS, Section 153.3202(3), Florida Statutes, encourages the use of innovative land development regulations which include provisions such as "impact fees "; and City of Cape Canaveral Ordinance No. 08 -2003 Page 1 of 4 WHEREAS, the City Council also finds that the fees required by this ordinance are necessary to mitigate impacts reasonably attributable to development; and WHEREAS, new land development activity generates pedestrian traffic within the City and it is reasonable for the City to require new development to pay a fair share of the cost of expanding new sidewalks attributable to new development; and WHEREAS, the City Council of Cape Canaveral also recognized that the Florida Legislature has mandated that local government plan comprehensively for future growth and that this regulatory ordinance is consistent with that mandate. See e.g., Ch. 153, Fla. Stat.; and WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens and property owners of Cape Canaveral. NOW, THEREFORE, be it enacted by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Incorporation of Recitals. The foregoing recitals are deemed to be true and correct and are hereby fully incorporated herein by this reference. Section 2, Code Amendment, Section 110 -475, Sidewalks Required, Cape Canaveral Code, is hereby amended as follows: ( underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 110-475. It is intended that the text in Section 110-475 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 110 -475 Sidewalks required Prior to the issuance of a certificate of occupancy or final inspection for new development or redevelopment, the City may at its discretion and expense, cause the construction of the sidewalk as would otherwise be required by this section and under the following (D Prior to the commencement of construction, the City shall provide all owners of real p roperty abutting the proposed sidewalk with thirty 3 days written notice of the Cit 's intent to construct the sidewalk and to impose a future impact fee on the property owners for the costs of the sidewalk. Said notice shall provide a general description of the project, an estimated cost and the date time and place of the City-Council meeting at which the oronosed nroi ect will be authorized. At the meetiniz, affected property owners will be allowed an opportunity to be heard City of Cape Canaveral Ordinance No. 08 -2003 Page 2 of 4 (2) Upon completion of the sidewalk by the City the City Manager shall certify in writing ... w .. . _ .. .. �-- to the Citv C ouncil at a public mee cost of constructing the sidewalk. The certification shall proportionately allocate the cost of construction to each parcel ( s) - of real property . that has received a special b e nefit from the sidewalk. At least fiftee ( 15) days prior � _ . . ••� notice of the certification hearing shall be provided to those _pr� gy owners that may be imposed an impact fee. _ At the hearin &affected - property will be allowed an opportun to be heard -. - _..�... (D The City Council shall approve the certification by resolution._ The certified amount shall constitute a sidewalk impact fee for each property. The resolution shall be duly recorded in the public records of Brevard County, Florida, and shall run with the land. (41 The sidewalk impact fee shall be ' paid by the property owner prior to a certificate of occupancy or final inspection being issued by the City for the property.. (5J Prior to payment, of the sidewalk impact fee, the property owner mav . petition the City Council for a waiver or reduction of the sidewalk im act fee. The amount of anv reduction or waiver shall be based on the costs incurred by the owner to replace or modify the sidewalk caused by imp lementing a site plan a roved by the Cit . Thg _ p ropertv owner shall be responsible for re airin at the owner's ex en se an sidewalk which is damaged b construction activities occurring on the property. In the event the propeqy owner fails to pU the sidewalk imp act fee ursuant to this section the Cily shall have the ri ht to withhold an certificate of occupancy or final inspection for the property. The City„ shall also have the right to collect the sidewalk_impact fee in any manner provided by law and to levy interest at a maximum rate allowed by law and penalties not to exceed twenty -five — ercent,on past due amounts. Section 3. 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 4 . 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 5 . 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. City of Cape Canaveral Ordinance No. 08 -2003 Page 3 of 4 1 I 7 1 ;d 1 vY Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption 1 by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of i March, 2003. 0 c,‘4 Cp‘,_,..c4d Rocky Randels, tayor i ATTEST: _ — t .' For Against �' L. Bob Hoog Second i Jim Morgan Absent - -- .if- -- Buzz Petsos Motion Susan Sti Is, City Clerk Rocky Randels X 1 Richard Treverton X 1 First Reading: 3/4/03 Legal Ad published: 3/8/03 1 Second Reading: 3/18/03 1 i Approv- a . s to legal form and sufficiency for the iimilo , . e averal only: 4 Anthony A. Garganese, City Attorney 1 (6;1 ro I a 1 i 1 1 I I g 1 1 I I i 1 1 1 F:\Docs \City of Cape Canaveral\ Ordinances \Sidewalk_Assessment.wpd i City of Cape Canaveral 1 : ci , Ordi No. 08 -2003 Page 4 of 4 1 1 1 5 f 1 1 1 i