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HomeMy WebLinkAboutPacket 10-02-2007 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: REPORTS: City Council Members AUDIENCE TO BE HEARD: .ity of Cape Canaveral NCIL REGULAR MEETING ITY HALL ANNEX ,nue, Cape Canaveral, Florida TUESDAY October 2, 2007 7:00 PM AGENDA Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: City Council Regular Meeting Minutes of September 18, 2007. CONSIDERATIONS: 2. Motion to Approve: Contract for Audit Services with McGladrey & Pullen. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 2 of 2 RESOLUTIONS: 3. Motion to Adopt: Resolution No. 2007-29; Final Re -Plat of Casa Esperanza. ORDINANCES: First Public Hearing: 4. Motion to Approve: Ordinance No. 06-2007; Amending Chapter 2, the List of City Code Provisions Enforced through the Issuance of a Civil Citation. REPORTS: City Manager Staff ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CAPE CANAVERAL CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 18, 2007 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to Order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher Assistant City Attorney Kate Latorre City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Acting Recreation Director Robert Lefever AUDIENCE TO BE HEARD: Ms. Jean Cole, Ministry Assistant with the Seafarer's Ministry, presented a request on behalf of Bill Richard, former Director, and Dan Bailey, current Director of the Seafarer's Ministry. Ms. Cole requested that the City Council grant a Special Exemption because of their non-profit status for Recreational Vehicle parking behind their ministry in a gated area to house volunteers. Ms. Cole related that lot costs were $5.50 per month which the ministry expended for four to five couples and she informed that their volunteers stayed for up to 25 -weeks in the previous year. Ms. Cole stated that they would be glad to meet any of the City's requirements including seeking solid waste disposal at Jetty Park. Mr. Nicholas asked to hear from the Building Official on the ramifications. Todd Morley, Building Official, responded that there was communication between himself and the City Manager and this was not a permitted use for the zoning district. Ms. Roberts brought up City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 2 of 10 if the City had any distinction by reason of their non-profit status to which Mr. Boucher replied there was none. Ms. Cole replied to Mr. Petsos that in the past year the Canaveral Port Authority refused to reduce their parking rate for the Recreational Vehicles. Ms. Cole stated that she was not aware, however, if the refusal came from Port staff or their Commission. Ms. Cole stated that the volunteers usually arrived during the winter months [January through April]; however, the volunteer request was year-round. Mr. Nicholas asked if re -zoning was an alternative. Mayor Randels responded to Mr. Nicholas that the Seafarer's facility had a Special Exception as a commercial use in a residential zone. Mr. Boucher stated that there was no special provision for a non-profit organization or for mobile home parks in a residential district. Discussion brought out that this would also permit any religious organization to allow for mobile homes on their parking lots to house temporary visitors. Mayor Randels concluded that the City would research the matter and provide a reply. Ms. Cole stated that she would confer with Mr. Bailey related to seeking the reduced parking fee with the Port and provide a response to the City Manager. REPORTS: City Council Members Shannon Roberts Ms. Roberts related how a citizen had brought out the need for a mass communication mechanism to alert residents by cellular phone. The recent boil water alert was used as an example. Mayor Randels made note to seek a mass notification system to the affected area in a time of emergency. Mr. Morley informed that CallEmAll. com could provide this service; however, all residents would need to register. Mr. Boucher stated that he was unaware of the City of Cocoa's procedures; however, City of Cocoa sent the notice to Florida Today and forwarded it to the media. Mayor Randels asked if staff could seek Brevard County's 911 procedures. He also stated that only certain persons were affected. Mr. Petsos mentioned the notification process of the reverse 911 System. Ms. Roberts pointed out that cell phones were practicable for second homeowners. Mr. Boucher reminded that a submitted cell phone number would become a public record. The City Manager would seek information from Brevard County Emergency Management and the City of Cocoa regarding their procedures. Ms. Roberts also suggested that the City Manager inquire with Bright House Networks on notification to cell phones. Ms. Roberts recommended that City management staff use the following three management tools: 1) Performance Metrics, which would document the City department accomplishments at intervals based on the City's annual goals, 2) the use of Customer Service Standards, such as methods to document staffs service response time to citizen requests, and 3) the use of Processing Mapping, such as visual diagrams to depict City processes. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 3 of 10 • Ms. Roberts brought out the Citizen Awareness and Participation Plan such as the one on this evening's Agenda and she also sought a visioning session for resident participation in order to hear their ideas. Ms. Roberts stated that this would be in addition to the fall workshop on North Atlantic Avenue and the workshops related to the Comprehensive Plan. Mayor Randels pointed out that the City might not have the number of staff needed to gain the results of some of Ms. Roberts' concepts. Mr. Petsos shared the Mayor's concern related to the level of City staff. Leo Nicholas • Mr. Nicholas questioned the plans to honor Nancy Hanson. Mr. Lefever informed that September 24th was the first Recreation Board Meeting with the new Board and they would continue to develop the planning concepts. • Mr. Nicholas asked if the Car Wash near the Lamp Post was under condemnation. Mr. Morley replied that the building was under Code Enforcement. • Mr. Nicholas informed that the dumpster enclosure at the VFW post had not been repaired as Waste Management promised that it would during their contract extension. The City Manager would address this issue. • Mr. Nicholas inquired about the updated City map. Mr. Boucher stated that he would provide the requested maps that included the names of new City streets. Buzz Petsos Mr. Petsos brought out the need for bus shelters in the community. He related the City of Cocoa Beach appeared to have controlled the advertising. Ms. Roberts informed that this was an item on the Beautification Board Agenda. Mr. Boucher reminded that the Florida Department of Transportation would not allow for them in the right-of-way. The City Manager would pursue seeking a firm for the bus shelters. • Mr. Petsos inquired about the Building Department plans to move into the newly purchased City property. Mr. Morley stated that he would address the Council at their next meeting with preliminary quotes. • Mr. Petsos announced that the Recreation Department, the Cape View Elementary PTO and the Kiwanis Club would hold a Community Fall Festival on Saturday, October 13th at Manatee Sanctuary Park at 11:00 A.M. Mayor Pro Tem Bob Hoog • Mayor Pro Tem Hoog reported from the Water Management Board Meeting and their discussion on reuse systems. He also reported that there was $110 million in grants. He informed that 9 of the 15 Brevard County cities were in attendance and the next session in January 2008 would address wells and their abandonment in order to put people on reuse systems. • Mayor Pro Tem Hoog reported on his discussion with Chief Sargeant who requested that the City place its wood mulch product purchase in abeyance due to spontaneous combustion on a Texas playground. Chief Sargeant requested City of Cape Canaveral. Florida City Council Regular Meeting September 18, 2007 Page 4 of 10 to delay the wood mulch product purchase until he could further investigate the product since he did not concur with the product manufacturer's guarantee. Mr. Robert Lefever, Acting Recreation Director, reported that he performed extensive research on the topic. He read the statistics from the Zeiger company's testing which concluded that in order for the wood fibers to ignite, they would need to reach a temperature of 284 degrees continuously for 24 -hours for 320 days. The company was, however, referring to kindling wood in the same size or shape. Mr. Lefever stated that the Recreation Department had no problem with delaying the purchase. He also reminded that there were two other alternate products, rubber mulch and "forever" turf; however, they were more costly. Mayor Pro Tem Hoog reiterated that he concurred with the Fire Chief as the resident expert and in the essence of safety, to wait for this decision. Mr. Lefever informed that the playground equipment installation ceased since it was based on the type of surface. Mayor Rocky Randels Mayor Randels reported that the City received a 28 percent reduction on its Property/ Liability insurance and Workers Compensation insurance. Mayor Randels informed he had spoken to a 99 -year-old former Cape Canaveral resident and former Moon Hut owner, Ms. Gladys Kendall, who now lives in Debary, Florida. Mr. Boucher replied to Mr. Nicholas that he planned to establish funding in the City budget to obtain someone to document oral histories from past residents. BOARD INTERVIEW: Michael E. Michel, Recreation Board [Alternate Member] Mayor Randels informed that Mr. Michel withdrew his application for the Recreation Board. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 4, 2007. 2. An Application for a Special Outdoor Entertainment Permit for the Fall Festival, Saturday, October 13, 2007, 11 A.M. to 2 P.M. 3. An Application for the Halloween Street Dance, Tuesday, October 30, 2007, 6:30 P.M. to 8:00 P.M. Mayor Randels asked Mr. Lefever if he had ever considered moving this event to the Youth Center location. Discussion concluded that there was more parking and the ability to block the street off at the current site. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 5 of 10 4. Resolution No. 2007-24; Appointing Chris Hale as an Alternate Member of the Recreation Board. Mayor Randels asked if any Council member, staff, or interested parties desired to remove any of the Consent Agenda items for discussion. Ms. Roberts requested to remove Item No. 1. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Consent Agenda Items No. 2 through 4. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City Council Regular Meeting Minutes of September 4, 2007. Ms. Roberts asked a process related question and if the City Manager planned to provide the separate list of the Parking Board discussion items as stated at the previous Council meeting. Ms. Roberts informed that she counted nine items from the September 4 t meeting as the Council's discussion initiatives. Mr. Boucher affirmed that he had compiled a list for distribution to the Council. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. RESOLUTIONS: 5. Resolution No. 2007-25; Establishing a New Schedule of Sewer Rates. Mayor Randels read Resolution No. 2007-25 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING A NEW SCHEDULE OF RATES UNDER APPENDIX B, CHAPTER 78, UTILITIES, ARTICLE III, SERVICE RATES, DEPOSITS AND BILLINGS PROCEDURES, SUBSECTION (B) MONTHLY SEWER RATES, OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels informed that the City sought a Rate Study in August of 2005. In July 2006, Brown and Caldwell were awarded the contract. Council received their first report in December of 2006 and a revised report in March 2007. Mr. Boucher explained that the City had extensive meetings with the Rate Consultant and on average as of January 2008, consumers would expect a 7 percent increase and every January thereafter a 6 percent increase using the five-year rate model. He informed that notice was given on the City of Cocoa utility bill informing them of tonight's meeting. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 6 of 10 Mr. Boucher informed that he and the City Treasurer, Andrea Bowers, met with Mr. Roger Dobson and Mr. Tom Hermansen who were seeking an additional decrease in the commercial rates and the cap removed totally from the single-family rates and increase the multi -family rates as well. Mr. Boucher related that he explained to Mr. Dobson and Mr. Hermansen that the commercial rate multiplier decreased from 4.35 percent to 3 percent and 61 percent of the commercial customers would experience a decrease. Mr. Boucher stated that the hotel industry was the largest user in the tens of thousands for consumption. Mr. Nicholas stated that the City of Cocoa charged differently on the use of a one -or -two inch line. Mr. Boucher agreed and informed that the residential cap would transition out; however, if the cap were removed immediately 30 percent of residential consumer's would experience a 22 percent increase and that was not Council's intent. Mr. Boucher concluded that the hotel desired more of a reduction in the sewer rates. Mayor Randels explained how the Wastewater Treatment Plant fund was an Enterprise Fund which pays for its operation based on usage. Mayor Randels explained further that the Council's consensus was to incrementally increase the rates keeping in mind that the rates had not been increased for the past four years. Mayor Randels included that the January implementation would also assist the Condominium Associations in their annual planning. Mr. Tom Hermansen, stated that the commercial users were paying 300 percent more for their usage, whether one or a thousand gallons, which he stated was inequitable. He stated to charge a premium for commercial usage and not 300 percent. He explained that the decrease from 4.35 percent to 3.0 percent was irrelevant when the dollar amount charge increased from $2.17 to $3.65 which was a net effect of still increasing the overall usage. Mr. Hermansen stated that the commercial users would continue to maintain the same unfair burden through the projected period. Mr. Hermansen referred to his letter in which he pointed out that in the year 2010/2011, commercial customers, based on consumption, revenue contributions would still be 166 percent compared to their consumption. He concluded that the rate plan was transferring some of burden from the single-family residences to the multi -family units. He stated that he did not see where commercial rates would decrease. Mayor Randels stated that the Council had discussed the percentage of usage to the percentage of revenue at each level. Mayor Randels stated that commercial used 14 percent of the total water, however, they pay 27 percent of the total revenue and the goal was to level out these percentages. Ms. Bowers stated that this has changed the rate structure to move in that direction. She stated that the rate plan would move to a consumption mode for commercial and move the residential users to a flat rate. Ms. Bowers stated that the cap would eventually be removed from single-family residences in light of the availability of reuse water. Mr. Boucher stated that 86 percent of the users were 10,000 gallons or less; however, the hotel industry was significantly higher and made up the 14 percent difference. Ms. Bowers informed of the marked difference between the two hotels. Mr. Hermansen informed that City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 7 of 10 that was based on occupancy differences and leaks in fixtures. Ms. Bowers informed that the Country Inns and Suites came in just over what a multi -family unit paid per month. Ms. Donna Remberg, of 138 Ocean Garden Lane, expressed her concern with removing the cap. She stated that her water was not entering the City's sewage system and she would be charged for all water as if it were entering the sewer system. Ms. Remberg clarified that she had no issue with raising the rates; however, she was voicing her concern with removing the cap. Mr. Petsos brought out how Homeowner's Associations would need to consider re -use water installation. Ms. Dawn Heath, Cape Laundry owner, informed that she paid $1,077 for sewer fees for $247.57 worth of water. Ms. Heath also informed that both the City of Cocoa and the City of Cape Canaveral can charge late fees. Mayor Randels explained that each charge addressed the separate utilities of water and sewer. Ms. Heath stated that there was no consistency with the City's late fees; however, the City of Cocoa charged a flat rate. Ms. Heath informed that there was a 451 percent markup from her water usage. Ms. Bowers corrected that the rate was actually 435 percent. Mr. Hermansen pointed out that the City of Cocoa Beach was one-third of the cost. Mr. Nicholas reminded how the Council has foregone the consultant's recommendations in past years and was, therefore, subject to catching up with the rates. Mr. Hermansen brought out that if it appeared to be consensus to charge for revenue usage based on usage, then the Council would want to leave the adjustment discussion open. He agreed with a premium, but not 300 percent. Ms. Bowers addressed Ms. Roberts question related to the City of Cocoa Beach's lower fees and stated that Cocoa Beach subsidized their sewer system with reuse fees and they also require that each person using reuse pay to annually maintain their own system. Cape Canaveral, however, provides these services. Mr. Walter Bandish stated that the City provides these services for free. He also stated that Cape Canaveral is an "Advanced Water Treatment' plant which was the top level nearest drinking water standards, whereas Cocoa Beach was secondary treatment. Mr. Ray Osborne asked if an incentive was in place for water conservation. Mayor Pro Tem Hoog suggested waiting a year to review the rate increase outcome. Mr. Petsos stated that he, too, anticipated a more level rate structure and would seek having Ms. Bowers and the rate consultant return and explain the outcome. Mayor Pro Tem Hoog asked the City Manager if the Sewer Rate Consultant could return with an analysis that would achieve the goal in a lesser time. Mr. Boucher responded to allow for experience and then to provide a status report in January. Ms. Roberts asked if the Council would need to acknowledge the differential nature between the commercial use and residential use. Mr. Boucher explained that until the rate model was proven, he recommended seeking ways to conserve. Mr. Boucher pointed out that regardless of the City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 8 of 10 unoccupied units in condominiums; the City still had the expense of operating its treatment plant. Mr. Nicholas informed that water consumption for front load washing machines was less than top loaders. Ms. Roberts inquired about the communication strategy for notification. Mayor Randels stated that residents and Condominium Associations were notified. Mr. Boucher replied that the City would continue to notify the public. Ms. Roberts voted for the Resolution with the understanding that Council would review the increased rates in the coming year to reassess it based on experience. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Adopt Resolution No 2007-25. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 6. Citizen Awareness and Participation Plan. Mr. Petsos stated that the information was distributed for Council's awareness and to place it on an upcoming Agenda in light of hiring a Community Development Director. Ms. Roberts mentioned the fall two-day Visioning session with the community. Mr. Boucher responded that he would need to review the staff calendar. REPORTS: City Manager • Mr. Boucher reported that the paving at Washington Avenue was delayed due to inclement weather. Mr. Bandish reported that the milling was started on Washington, Orange, and Buchanan Avenues. Mayor Pro Tem Hoog pointed out the need for guards around the manhole covers on Washington Avenue. • Mr. Boucher reported on the stop signs in the Harbor Heights area. Mr. Bandish informed that a stop sign in the Harbor Heights area would require placing them within 12 -feet of the roadway and to eliminate the turn lane. Ms. Roberts reported that people were slowing down in Harbor Heights but were increasing speed as they approached Shorewood Drive. Mr. Boucher reported on positive feedback overall. Mr. Boucher informed that a developer desired to construct an office complex on Imperial Drive and State Road AIA that would exceed the height limitation. Ms. Roberts expressed that she wanted to hear from the firm. Mr. Petsos stated that he did not, based on the City's 45 -foot height limitation. Mayor Pro Tem Hoog stated that he was not adverse to hearing from the firm. Ms. Roberts suggested that the firm speak to the Business and Cultural Development Board on their concept. Council members decided in the affirmative by the consensus of Ms. Roberts, Mayor Pro Tem Hoog and Mayor Randels, to hear the concept. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2007 Page 9 of 10 Mr. Petsos recommended notifying City residents of the intent to hear the concept. A suggestion was made to use the Library Meeting Room. • Mr. Boucher had no further report on Ron Jon's. • Mr. Boucher reported that the Tripple J decision was remanded back to the Board of Adjustment. Mr. Boucher explained that the Appellate Court applied the City Code and stated that the Board needed to address the decision. Attorney Latorre reserved any further comment until the City Attorney had time to review the Order. • Mr. Boucher reported on his Drug Management Committee Meeting stating that the School Concurrency Interlocal Agreement would impact future development. Discussion also included the Hometown Democracy Movement and the ballot question which would require that voters approve all Comprehensive Plan Amendments. • Mr. Boucher distributed the Parking Board discussion list from the previous City Council meetings. He asked Council to let him know if there were any items omitted. • Mr. Boucher reported that he found the 1994 Florida Department of Environmental Protection permit for the Wastewater Treatment Plant facility. Mr. Boucher would seek who had jurisdiction related to permitting for the slab construction of the new maintenance building. Brown and Caldwell would re- evaluate the change orders from Butler Construction. • Mr. Boucher reported that Public Works was quoted a cost of $112,000 from ExperTech for the redesign of the sewer main related to the Mermaid Key project. Mr. Boucher replied to Ms. Roberts that no service to other City residents would be disrupted since the Mermaid Key project was on private property. STAFF City Treasurer • No report. Acting Public Works Director • No report. City Clerk • No report. AUDIENCE TO BE HEARD: Mr. David Shirtzinger requested to know why certain information was not posted to the web site. He contended that City Council minutes were not the most recent and that projects such as the Ridgewood Avenue Streetscape were not available. City of Cape Canaveral. Florida City Council Regular Meeting September 18, 2007 Page 10 of 10 ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:20 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 10-02-07 AGENDA Heading Considerations Item 2 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CONTRACT FOR AUDIT SERVICES WITH MCGLADREY & PULLEN DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider the proposed audit service contract for the year ending 09-30-07 with McGladrey & Pullen, Certified Public Accountants, as recommended by the city treasurer. Summary Explanation & Background: The audit contact cost for the 09-30-07 fiscal year is $35,000 with an option to renew for each of three subsequent fiscal years. I recommend approval. Exhibits Attached: Audit Contract City Mana s Department ADMINISTRATION/FINANCE -nt\ki ocuments\admin\council\meeting\2007\10-02 ,auair.aoc McGladrey&Pullen Certified Public Accountants September 10, 2007 Cape Canaveral City Council City Hall 105 Polk Avenue Cape Canaveral, FL 32920 Attention: Bennett Boucher, City Manager This letter is to explain our understanding of the arrangements for the services we are to perform for the City of Cape Canaveral, Florida (the "City") for the year ending September 30, 2007 with the option to renew for each of the three subsequent fiscal years. We ask that you either confirm or amend this understanding. We will perform an audit of the City's governmental activities, business -type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison of the general fund and each major governmental fund as of and for the year ending September 30, 2007 which collectively comprise the basic financial statements. We understand that these financial statements will be prepared in accordance with accounting principles generally accepted in the United States of America. The objective of an audit of financial statements is to express an opinion on those statements. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the basic financial statements: 1. Combining and individual non -major fund financial statements and schedules. The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: 1. Introductory section. 2. Statistical section. We will conduct the audit in accordance with auditing standards generally accepted in the United States of America and "Government Auditing Standards" issued by the Comptroller General of the United States. Those standards, require that we plan and perform the audit to obtain reasonable rather than absolute, assurance about whether the financial statements are free of material misstatement whether caused by error, fraudulent financial reporting, or misappropriation of assets. Accordingly, a material misstatement, whether caused by error, fraudulent financial reporting, or misappropriation of assets, may remain undetected. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. As a result, an audit is not designed to detect errors or fraud that are immaterial to the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit will provide a reasonable basis for our reports. In addition to our reports on the City's financial statements, we will also issue the following reports or types of reports: Reports on internal control related to the financial statements. These reports will describe the scope of testing of internal control and the results of our tests of internal controls. City of Cape Canaveral, Florida September 10, 2007 Page Two Reports on compliance with laws, regulations, and the provision of contracts or grant agreements. We will report on any noncompliance which could have a material effect on the financial. A letter to management of any non -reportable conditions and immaterial instances of non-compliance found during the audit. This letter will include our recommendations to remediate weaknesses noted during our study and evaluation of the City's system of internal control to the extent considered necessary to evaluate the system as required by generally accepted auditing standards and Section 11.45(3)(a)(4), Florida Statutes and defined in Rule 10.554(1)(F), Rules of the Auditor General. The funds that you have told us are maintained by the City and that are to be included as part of our audit are listed in Attachment A. The federal and state financial assistance programs that you have told us that the City participates in and that are to be included as part of the audit are listed in Attachment B. Our report(s) on internal control will include any reportable conditions and material weaknesses in the system of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards identified above. Our report on compliance will address material errors, fraud; violations of compliance requirements, and other responsibilities imposed by state and federal statutes and regulations and assumed by contracts; and any state or federal grant, entitlement of loan program questioned costs of which we become aware, consistent with requirements of the standards identified above. If circumstances arise relating to the conditions of your records, the availability of sufficient, competent evidential matter, or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting, misappropriation of assets, or noncompliance which in our professional judgment prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion or issue a report, or withdrawal from the engagement. As you know, management is responsible for 1) the preparation of the City's financial statements, 2) establishing and maintaining effective internal control over financial reporting and safeguarding assets and internal control over compliance, including monitoring ongoing activities, and for informing us of all significant deficiencies in the design or operation of such controls of which it has knowledge, 3) properly recording transactions in the records, 4) identifying and ensuring that the City complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations, 5) the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving management, employees who have significant roles in internal control and others where the fraud could have a material effect on the financial statements, 6) informing us of its knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, regulators, or others, 7) making all financial records and related information available to us, 8) for adjusting the financial statements to correct material misstatements and 9) report distribution including submitting the reporting packages. At the conclusion of our audit, we will request certain written representations from management about the financial statements and matters related thereto. We will also require that you affirm to us that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The City Council is responsible for informing us of its views about the risks of fraud within the entity, and its knowledge of any fraud or suspected fraud affecting the entity. We will also determine that certain matters related to the conduct of the audit are communicated to the City Council including 1) fraud involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements, 2) illegal acts that come to our attention (unless they are clearly inconsequential), 3) disagreements with management and other serious difficulties encountered in performing the audit, and 4) various matters related to the entity's accounting policies and financial statements. City of Cape Canaveral, Florida September 10, 2007 Page Three The City hereby indemnifies McGladrey & Pullen, LLP ("M&P") and its partners, principals, and employees and holds them harmless from all claims, liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City's management, regardless of whether such person was acting in the City's interest. This indemnification will survive termination of this letter. You have informed us that you intend to prepare a comprehensive annual financial report (CAFR) and submit it for evaluation by the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting Program. Our participation in the preparation of the CAFR is to consist of assisting the City in the drafting of the financial statements and reproduction and binding of the final report document. The working papers for this engagement are the property of M&P. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit working papers upon their request; and that we shall maintain the working papers for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested workpapers will be provided under the supervision of M&P audit personnel and at a location designated by our Firm. The two overarching principles of the independence standards of the "Government Auditing Standards" issued by the Comptroller General of the United States provide that management is responsible for the substantive outcomes of the works, and therefore, has a responsibility and is able to make any informed judgment on the results of the services described above. Accordingly, the City agrees to the following: Andrea Bowers, City Treasurer, will be accountable and responsible for overseeing the preparation of the draft of your financial statements and related notes. The City will establish and monitor the performance of the preparation of the financial statements and related notes to ensure that they meet management's objectives. The City will make any decisions that involve management functions related to the preparation of the financial statements and related notes and accepts full responsibility for such decisions. The City will evaluate the adequacy of services performed and any findings that result. During the course of our engagement, we may accumulate records containing data which should be reflected in your books and records. You will determine that all such data, if necessary, will be so reflected. Accordingly, you will not expect us to maintain copies of such records in our possession. From time to time and depending upon the circumstances, we may use third -party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose confidential client information to them. We enter into confidentiality agreements with all third -party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. The assistance to be supplied by organization personnel, including the preparation of schedules and analyses of accounts is listed on Attachment C. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Our fees are based on the time required by the individuals assigned to the engagement, plus direct expenses. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submission. Our fee for the services described in this letter will not exceed $35,000 plus direct expenses for fiscal year ending September 30, 2007, unless the scope of the engagement is changed, the assistance which the City has agreed to furnish is not provided, or unexpected conditions are encountered, in which case we will discuss the situation with you before proceeding. All other provisions of this letter will survive any fee adjustment. The schedule of fees for the optional renewal years will be based on the estimated hours included in the fee quote above as adjusted for any significant changes in level of funding or services and an agreed-upon cost -of -living multiplier. City of Cape Canaveral, Florida September 10, 2007 Page Four Our professional standards require that we perform certain additional procedures, on current and previous years engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client. Accordingly, the City agrees it will compensate M&P for any additional costs incurred as a result of the employment of a partner or professional employee of M&P. In the event we are requested or authorized by the City or are required by government regulation, subpoena, or other legal process to produce our documents or our personnel as witnesses with respect to our engagements for the City, the City will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. Professional standards and our Firm policies require that we perform certain additional procedures whenever our reports are included, or we are named as accountants, auditors, or "experts" in a document used in a public offering of debt securities. Our report on the financial statements is not to be included in an official statement or other document involved with the sale of debt instruments without our prior consent. Additionally, if you intend to publish or otherwise reproduce the financial statements and/or make reference to us or our audit, you agree to provide us with printer's proofs or master for our review and consent before reproduction and/or release occurs. You also agree to provide us with a copy of the final reproduced material for our consent before it is distributed or released. Our fees for any additional services that may be required under our quality assurance system as a result of the above will be established with you at the time such services are determined to be necessary. Any claim arising out of services rendered pursuant to this agreement shall be resolved in accordance with the laws of the State of Florida. It is agreed by the City and M&P or any successors in interest that no claim arising out of services rendered pursuant to this agreement by or on behalf of the City shall be asserted more than two years after the date of the last audit report issued by M&P. This letter constitutes the complete and exclusive statement of agreement between M&P and the City, superseding all proposals oral or written and all other communication, with respect to the terms of the engagement between the parties. In accordance with Government Auditing Standards, a copy of our most recent peer review report and applicable letter of comment has been provided to you, for your information. If this letter defines the arrangements as you understand them, please sign and date the enclosed copy, and return it to us. We appreciate your business. McGladrey & Pullen, LLP Confirmed on behalf of the addressee: cc: City Council Auditor Selection Committee Attachment A General Fund Special Revenue Funds 1. Police Education Fund 2. Fire Protection Fund 3. Library Fund 4. Beautification Fund Debt Service Funds 1. General Debt Service Fund Capital Project Funds 1. Capital Expansion Fund Enterprise Funds 1. Sewer Fund 2. Stormwater Fund Fiduciary Funds 1. Special Law Enforcement Trust Fund 2. Pension Trust Fund Attachment B U.S. Department of Justice • COPS Grant Federal Emergency Management Agency • Disaster Relief Funds Florida Department of Environmental Protection • Banana River Park • 309(h) Pollution Program / Baffle Boxes St. Johns River Water Management District • Reuse Project Attachment C Statements and Schedules to be Prepared by the Staff: • Physical Inventory • Bank Confirmations • Investment Confirmations • Revenue Confirmations • Debt Compliance • Accrued Payroll Summary • Accounts Receivable Accruals • Bank Reconciliation Summaries • Investment Reconciliation Summary • Accounts Payable Accruals • Fixed Asset Schedules • 941 Payroll Reconciliations • Compensated Absence Schedules • Fixed Asset Schedules • Contracts & Grants Schedules • Various Compliance documentation Meeting Type: Regular Meeting Date: 10-02-07 AGENDA Heading Resolutions Item 3 No. Exhibits attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-29, THE FINAL REPLAT OF CASA ESPERANZA DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Resolution No. 2007-29, approving the final replat of Casa Esperanza, as recommended by the Planning & Zoning Board. Summary Explanation & Background: This is a replat of Lots 7 and 8, Block 58 of Section 23, Township 24 South, Range 37 East, Avon -by -the -- Sea. Exhibits attached: 1. P&Z Board memo dated 09-25-07 2. Building Official's memo dated 09-25-07 3. Applicant's Application 4. City Planner's Report 5. Staff Review Comments 6. Sample Party Wall Agreement I recommend approval. Exhibits Attached: City Mana 's Office F - z Department GROWTH MGMT/P&Z im\ yd u s\admin\council\meeting\2007\10-02-07\2007-29 City of Cape Canaveral Date: September 25, 2007 To: Bennett Boucher, City Manager Susan Stills, City Clerk/ From: Bea McNeely, Chairperson, Planning & Zoning Board, Re: Recommendation to City Council Project Name: Casa Esperanza Item: Final Replat At the Planning & Zoning Board meeting held on September 12, 2007, by unanimous vote, the Board recommended approval of the above referenced final replat to the City Council, with the condition that a party wall agreement be recorded. Since the Building Official has verified that all applicable regulatory agencies requirements have been met, please schedule this final replat on an upcoming City Council agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Memo Date: September 25, 2007 To: Bennett Boucher, City Manager From: Todd Morley, Building Official/, RM Final Replat of Casa Esperanzii ,%pdated version dated 9/20/07 The attached final re -plat is not the same as originally recommended for approval by the Planning and Zoning Board. It was updated by the surveyor per my request on September 20, 2007. The original final re -plat, dated August 23, 2007, for Casa Esperanza was recommended for approval by the Planning and Zoning Board on September 12, 2007. The City Manager requested that it be re -reviewed for compliance by the Building Official and the City Planner prior to being forwarded to City Council. This subsequent review resulted in the following changes to the plat: • Official Records Book (O.R.B.) dates have been added. • An additional line was added in the certifications block for a second witness. • Additional lines were added in the certifications block for the printing of names of witnesses. • Note # I 1 has been added to comply with the requirement that a `purpose statement' be included. • Buildable setback lines have been added. • Note # 12 has been added to correlate with the inclusion of buildable setback lines. The City Planner and I have verified that in all other respects this updated final re -plat is the same as the original re -plat as recommended for approval by the Planning and Zoning Board. APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: 7 (NOTE: SUBMITTAL MUST BE SUBMITTED A 11,IINT4UM OF 30 DAYS PRIOR TO THE PLANNT' G & ZONINI G MEETING; PLAT MUST hIEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELal H ARY PLAT, RE -PLAT, OR FINAL PLAT? A_irlOUitiT OF FILING FEE PAID: S 7 > 7. AMOUNT OF ENGLYEERING DEPOSIT PAID: S DID BREV ARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NANIE, IF APPLICABLE? (NOTE: THIS NEEDS TO BE DONE PRIOR TO SUBMITTAL). -YES NO ' N.A. PROJECT MINIM � �Z � r� E 5 PROJECT ADDRESS • 3 3 l� ��r-t U -5,.... a� Q,r•� LEGAL DES CRIPTION : 6F 7 mt ff c.( l e-� £3 ,�ti Mk ONVINER(S) NAME: If J 1- v ps �-yALL` , OWNER(S) ADDRESS: PROJECT ARCHITECT/ENGLN7 EER: C j •- G.� _ J' PHONE NO. OF ARCHITECT/E_ti GWEER: A A A.PPLICAINT(S) SIGMA 9 PHONE NUMBER O OWNER/' -793 - U11 Y C11- C.AYl; C.ANA VEKAL PRELIMINARY PLAT, REPLAT & FINAL PLAT RECEIPT Project Name: C .� ev e A Z a - RESIDENTIAL: 1, 2 & 3 Residential Units .............................................TOTAL: $37.50 Total # of Units (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus COMMERCIAL: Units @ $7.50 per unit $150 per acre of land, or portion thereof. Acres X $150 Total: $ TOTAL: ............... $ SITE PLAN EXTENSION: .................................................. TOTAL: ............... 3�150.00 SITE PLAN RESUBMISSION: 50% of original fee ......... TOTAL: .............. DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1- 4 Units ..................... $7 0.00 Over 4 Units .................. , 0.00 COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres ..... $2,000.00 Over 8 Acres ..................$3,000.00 Total Acres: Office Use Only: Escrow Account # 1-202.2400 --------------- TOTAL REVIEW DEPOSIT RECEIVED: $ U0, C C% TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ `� 5 PAID RECEIPT NO. DATE RECV'D C'0 • OC oca, c-.>0 59A 11►91on A00, oo — t 40. oo m'.lter Le4qq g1,3atDr1 10.00 �W 3t),-3 City of Cape Canaveral Casa Esperanza Final Replat Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Current Future Land Use: Current Zoning: Triple J Investments, LLC. C, oectI' 0 11 /_3 , Township ownship 24 South, , Range 37 East 0.26 +/- Acres 3 3 R-2 Residential R-2 Residential Description: The applicant proposes a preliminary replat of a lot located at 333 Fillmore Avenue, Parcel No. 24 -37 -23 -CG -00058.0-0007.00. The replat will result in three (3) lots created out of the existing one, all with frontage onto Fillmore Avenue. The subject site is located south of and adjacent to Fillmore Avenue and west of Ridgewood Avenue. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is two (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,034. There is still adequate park space available. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service "A" with 325 excess trips. If developed completely as residential, the site could generate 1 to 2 PM peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of 0.54 MGD. The Level of Service for wastewater capacity is 118 North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Multifamily Residential / Ocean Park Condo Single Family Residential Multifamily Residential / Duplex Single Family Residential Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is two (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,034. There is still adequate park space available. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service "A" with 325 excess trips. If developed completely as residential, the site could generate 1 to 2 PM peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of 0.54 MGD. The Level of Service for wastewater capacity is 118 gallons per capita per day. At 2.35 persons per household, multiplied by the proposed three (3) households, then multiplied by 118; the projected demand for the proposed development is approximately 831 gallons per day of wastewater. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MCG of water is heing used on an average daily basic, leaving 23.6 MGD available. The Level of Service for potable water is 264 gallons per household per day. At 264 multiplied by 3 households; the projected demand for the proposed project is 792 gallons per day of potable water. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject site consists of Urban Land (UR) soil type. The soils in this complex are 60 to more than 75 percent covered with streets, buildings, large parking lots, shopping centers, industrial parks, airports and related facilities. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.35 persons. The three (3) units will probably accommodate six to seven new persons. MEMORANDUM TO: Todd Morley, Building Official TO: Todd Pcctz City Planner FROM: Ed Gardulski Public Works Director DATE: April 12, 2007 RE: Casa Esperanza Townhomes Final Re -Plat The Public Works Department has reviewed the Preliminary Re -Plat of the above stated project and has noted the recorded street vacation (691/564). This rc-plat has made note of the recorded vacation of Magnolia Avenue. The Public Works Department does not have any further comments of concerns. Page 1 of 1 Todd Peetz From: John Cunningham Ocunningham@ccvfd.org] Sent: Monday, April 23, 2007 9:18 AM To: Todd Peetz Subject: Re: Case Esperanza (Final Replat) Todd, We have reviewed the replat and have no comment at this time. 5/1/2007 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: May 15, 2007 Re: Casa Esperanza Final Replat I have reviewed the Casa Esperanza Finaly Replat and have no concerns at this time. If you have any questions, or need further information please feel free to contact me at 407-629-8880. SSA August 15, 2007 Mr. Todd Peet - Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Final Plat Review — Casa Esperanza - Review #1 - REV SSA Job No. 05-0025, Task 049-1003 Dear Mr. Peetz: SSA has reviewed the above -referenced project and based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Since rly, Russ Thompson Survey Department cc: Susan L. Chapman City Engineer's Review Fee For Review #1 REV — N/A NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTL.ER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 Fax 321-7837065 11c. #AAC000329 #EB0000762 #LB0006700 J UVILIProjects\CAPE120M-CASA ESPERANZA FINAL plat review 1a.doc BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lain Debra S. Babb-Nutcher' Offices in Orlando, lissimmee, Cocoa, Vivian P. Cocotas Joseph E. Blitch Ft. Lauderdale &- Tampa Scott J. Dornstein Usher L. Brown' Mitchell B. Haller Suzanne D'Agresta' 'Mit hell B. H Latorre Anthony A. Garganese' J.W. Taylor Terri E. Oster Jeffrey S. Weiss Amy J. Pitsch 'Board Certified Civil Trial Lawyer 'Board Certified City, County & Local Government Law 'Board Certified Appellate Practice September 4, 2007 Via Email (tpeet_@mi11er1egg.com) Todd Peetz Cape Canaveral City Planner Miller Legg & Associates 631 S. Orlando Avenue Winter Park, FL 32789 Re: Casa Esperanza Final Replat (513-026) Dear Todd: Erin J. O'Leary' Catherine D. Reischmann° William E. Reischmann, Jr. Of Counsel I have reviewed the Final Replat for Casa Esperanza and the proposed Party Wall Agreement for said project. My only continent is that the final version of the Party Wall Agreement for Casa Esperanza should be amended to reflect the property's legal description and physical address and is required to be recorded with the name of the current property owner, Tripple J Investments LLC, as declarant. I have no further comments or concerns at this time. Please contact my office if you have any questions. Very truly yours, fateWLatorre Assistant City Attorney Cc: Susan Chapman, Planning and Zoning Board Recording Secretary (chapman-cape@cfl.rr.com) 225 East Robinson Street, Suite 660 - P.O. Box 2873 • Orlando, Florida 32802-2873 '�'" '�II6 Fax'4u7 425-9596 ° Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 - Ft. Lauderdale (954) 670-1979 Website: www.orlandolaw.net • Email: firm@orlandolaw.net 1 HS+S ,i a i.�. 1450 M. • Suite 31, U Merritt Island, Fd 32S53 M N O (o- 3;) l �- PARTY WALL -AGREEMENT C'j506 AND 508 ADAMS AVENUE CAPE CANAVERAL, FL it .E This Declaration made this 19 day of October 2000whose mailing address is g 310 Adams Avenue, Cape Canaveral, Florida, 32920, hereinafter referred to as "'Declarant"a JOHN JOHANSON . WIITMSETH: WHEREAS, Declarant is the owner of certain real property located and lying and being in Brevard County, Florida, and more particularly ribed as; Lots 1 and 2, BEACHSIDE TOWNHOMES FIRST ADDITION According to the Plat t Breve Previ Lot Publi descr restri value on am part 1 each 1. 2. 3. of Df the ies ments, the 'finding any of .nce heirs, squally ject ruers 4. In the event of damage or destruction of said wall from any cause, other than the negligence or intent of either party, the then owners shall, at joint expense, repair or rebuild said wall and each party, his heirs, successors and assigns, shall have the right of full use of said wall so repaired or rebuilt. If either party's negligence or intentional act shall cause damage to or destruction of said wall, such negligent or willful party shall bear the entire cost of repair and reconstruction. 5. Neither party shall alter or change said party walls in any manner, interior decoration excepted and said party walls shall always remain in the same CFN 2006315753, OR BK 5714 Page 7670, Recorded 10/3'/20— at 01:11 PM, Scott Ellis, Cleric Of Courts, Brevard County # Pgs:2 Yi46elc. b M,a,el, f V �tv V�t� location as when erected, and each party to said common or division wall shall have a perpetual easement in that part of the premises of the other on which said party is located, for party wall purposes. 6. The easements, agreements and restrictions hereby creapdare and shall be perpetual and construed as covenants running with ad and each and every person accepting a deed to any lot in said in 1 sit shall be deemed to accept such deed with the understanding th t ea d ry purchaser Is also bound by the provisions herein cos ad every purchaser by accepting a deed to any Not shall ih t agree to he bound by the covenants herein contained to the t though he had rsigned this instrument. The undersig lots shall insert in said convey subject to the terms, condi tioi For the breach of any of the al covenants, each pa hall be addition to any 0th y 1 7. This declarations subsequent S. Paint 9. RooZiZ the mi permitted with 16. Property & ed ' ex 'ug and delivering deeds to said ref cel that the same are made as and covenants herein contained. v tions, reservations, easements and to apply for relief by injunction in ble to them in law or equity. the benefit and apply to any existing or i the premises described herein. for ofleits shall be subject to approval by both parties. all be me by the unit owner in which the repair is required, rty all is the property line. No change in roof color or style is units owner in agreement. shall maintain yard in a neat and clean manner. IN VMTTESSF, this Decla tion is being executed this c1 dayof , ZOOM W++II_IIN__ ESSES: Sign Name (/A-- fA--- i k ti J o�-t.r•�. so.� Print Name BY: STATE OF FLORIDA, COUNTY OF BREVARD This instrument was prepared by: THE FOREGOING INSTRUMENT was acknowledged before John Johanson me this 19th day of October, 2006 by JOHN 310 Adams AvenueJOHANSON, fah is n ly known o me. Cape Canaveral, FL 32920 otary Public e� Si • rJ Meeting Type: Regular Meeting Date: 10-02-07 AGENDA Heading Ordinance -15` Reading Item 4 No. Attached are copies of the (11) code sections and the existing civil citation procedures. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-2007, AMENDING CHAPTER 2, THE LIST OF CITY CODE PROVISIONS ENFORCED THROUGH THE ISSUANCE OF A CIVIL CITATION DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading, Ordinance No. 06-2007 amending Chapter 2, the list of City code provisions enforced through the issuance of a civil citation. Summary Explanation & Background: This proposed ordinance would expand the use of civil citations to (11) other areas of concern, as discussed at previous workshop meetings. Attached are copies of the (11) code sections and the existing civil citation procedures. I recommend approval at first reading. Exhibits Attached: Proposed Ordinance No. 06-2007; (11) Code Sections and Procedures City Manager's Office Department LEGISLATIVE Cc��k,i-�X-d'6c-�umes admin\council\meeting\2007\10-02-07\06-2007 doc ORDINANCE NO.( b-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. _-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 strikeout 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 VI. CODE ENFORCEMENT DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 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 Il, Litter ... Class I. La Chapter 34, Article III, Prol2erty Maintenance Standards ... Class I. LD Chapter 34, Article V, Noise ... Class I. (55) Chapter 34, Article VII, Lights ... Class 1. Section 14-3, Bees and beehives prohibited ... Class I. La Chapter 14, Article III, Sea Turtles ... Class I. 1 Section 110-467, Garage sales ... Class I. (99,) Section 110-582, Swimming12ool barriers ... Class II. (10) Section 110-485(d), Resort dwellings: resort condominiums; nonconforming use status: expiration ... Class IV. City of Cape Canaveral Ordinance No. _-2007 Page 2 of 6 Section 110-486, Rental restrictions on dwelling units ... Class IV. Chapter 82 Article XIV., Numbering 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. 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 strikeettt 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 Penalty. 7/11 \.lU! W% lU r !�!!!�!!! NZ• 1 \� 191 1.71 r !!!<R I II�J l IRU! \•I lR7lU! Rll�l U� 1!! A7! lR! �.l.7 U l\�'I ll \R� 1! �1RR� lU! ARTICLE III. PROPERTY MAINTENANCE STANDARDS Sec. 34-95. Enforcement. 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. City of Cape Canaveral Ordinance No. _-2007 Page 3 of 6 ARTICLE V. NOISE Sec. 34-152. Reserved Penalties. ARTICLE VII. LIGHTS Sec. 34-208. Reserved Penalty. 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 strikeon 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 Sec. 110-582. Swimming pool barriers Enclasat-e. City of Cape Canaveral Ordinance No. _-2007 Page 4 of 6 Swimming pool barriers shall be required pursuant to Chapter 515, Florida Statutes, and the Florida Building Code, as adopted by Chapter 82 of this Code. ..mss• - .. ... ,.lag .. 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. _-2007 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 92007. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _-2007 Page 6 of 6 DIVISION 1. GENERALLY DIVISION 1. GENERALLY Sec. 34-26. Definitions. Page 1 of 5 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which: (1) Advertises for sale any merchandise, produce, commodity or thing; (2) Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; (3) Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expense incident to such meeting, theatrical performance, exhibition or event of any kind; provided that nothing in this subsection shall be deemed to authorize the holding, giving or taking placeof any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state or under any ordinance of this city; or (4) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person engaged as an advertiser or distributor. Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Litter means garbage, rubbish, rubble and handbills. Newspaper means any newspaper of general circulation as defined by general law, any newspaper fully entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law and, in addition, means and includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public. Noncommercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definition of a commercial handbill or newspaper. Park means a park, reservation, playground, beach, recreation center or any other public area owned or used by the city and devoted to active or passive recreation. Private premises means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure. Public place means all streets, sidewalks, boulevards, alleys or other public ways and all public parks, squares, spaces, grounds and buildings. http://Iibrary4.municode.com/mcc/DocView/12642/l/100/102/103 9/26/2007 DIVISION 1. GENERALLY Page 2 of 5 �/oma Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. Rubble means broken fragments of concrete, brick, stone or asphalt, when such fragments are scattered in disarray. (Code 1981, § 675.01) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 34-27. Penalty. Any person violating this article shall, upon conviction, be punished as provided in section 1-15. (Code 1981, § 675.24) Sec. 34-28. Unlawful disposal. It shall be unlawful to deposit or dispose of garbage, horticultural trash, household trash, rubbish or industrial waste upon the premises of another or upon any street, alley, parkway or other public property or any canal, ditch, water, waterway, river, ocean, sandbed, pool, pond or the like within the city or in the receptacle of another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such accumulations in receptacles which the owner or manager of the multiple dwelling, apartment or business building has authorized for the use of the tenants. (Code 1981, § 673.07) Cross references: Solid waste, ch. 62. Sec. 34-29. Litter in public places. No person shall throw or deposit litter in or upon any public place within the city, except in public receptacles or in authorized private receptacles for collection. (Code 1981, § 675.02) Cross references: Streets, sidewalks and other public places, ch. 66. Sec. 34-30. Placement in receptacles. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any public place. (Code 1981, § 675.03) Sec. 34-31. Sweeping into gutters prohibited. No person shall sweep into or deposit in any gutter or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. A person owning or occupying property shall keep the sidewalk in front of his premises free of litter. (Code 1981, § 675.04) http://Iibrary4.municode.com/mcc/DocView/12642/l/100/102/103 9/26/2007 DIVISION 1. GENERALLY Page 3 of 5 Cross references: Streets, § 66-26 et seq. d Sec. 34-32. Merchant's duty to keep sidewalks free of litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. A person owning or occupying a place of business within the city shall keep the sidewalk in front of his business premises free of litter. (Code 1981, § 675.05) Cross references: Streets, sidewalks and other public places, ch. 66. Sec. 34-33. Throwing by person in vehicle. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any public place within the city. (Code 1981, § 675.06) Cross references: Traffic and vehicles, ch. 74. Sec. 34-34. Truck loads. No person shall drive or move any truck or other vehicle within the city, unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any public place. (Code 1981, § 675.07) Cross references: Trucks, § 74-26 et seq. State law references: Similar provisions, F.S. § 316.195. Sec. 34-35. Dropping from aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (Code 1981, § 675.08) Sec. 34-36. Throwing in river or other body of water. No person shall throw or deposit litter in any river or any other body of water in a park or elsewhere within the city. (Code 1981, § 675.09) Cross references: Waterways, ch. 106. Sec. 34-37. Depositing on occupied private property. http://library4.municode.com/mcc/DocView/12642/l/100/102/103 9/26/2007 DIVISION 1. GENERALLY Page 4 of 5 MM No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or upon any private property. (Code 1981, § 675.10) Sec. 34-38. Owner's maintenance of premises. The owner or person in control of any private property shall at all times maintain the premises free of litter. However, this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Code 1981, § 675.11) Sec. 34-39. Depositing on vacant lots. No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not. (Code 1981, § 675.12) Sec. 34-40. Posting notices prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law. (Code 1981, § 675.18) Sec. 34-41. Burial of trash, rubble or other debris. The burial of trash, rubble or debris within the city is prohibited. (Code 1981, § 675.19; Ord. No. 6-92, § 3, 5-5-92) Sec. 34-42. Enforcement. The terms of this article shall be enforced in accordance with the provisions of Chapter 2, Article Vl, of the City Code of Ordinances, entitled Code Enforcement, and F.S. Ch. 162. (Ord. No. 24-2003, § 2, 9-2-03) Sec. 34-43. Abatement; assessment. Under this division, if a property owner does not comply with the notice of violation and corresponding order of the city code enforcement board within the time specified, the city may remove the litter or cause the litter to be removed. The city may charge or assess the property and owner with the actual cost of labor performed, materials furnished and disposal fees. Such amounts shall constitute an indebtedness of the owner of the property to the city and shall constitute a lien against the property http://library4.municode.com/mcc/DocView/12642/l/100/102/103 9/26/2007 DIVISION 1. GENERALLY Page 5 of 5 whichshall be superior in dignity to all other liens, except liens for state, county, and city taxes and liens for special assessments for public improvements. (Ord. No. 24-2003, § 2, 9-2-03) Secs. 34-44--34-50. Reserved. http://library4.municode.com/mcc/DocView/12642/l/100/102/103 9/26/2007 DIVISION 2. HANDBILLS Pagel of 2 DIVISION 2. HANDBILLS Sec. 34-51. Throwing or distributing in public places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any public place within the city. No person shall hand out or distribute or sell any commercial handbill in any public place. However, it shall not be unlawful on any public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Code 1981, § 675.13) Sec. 34-52. Placing on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. However, it shall not be unlawful in any public place for a person to handout or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Code 1981, § 675.14) Sec. 34-53. Depositing on uninhabited or vacant premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Code 1981, § 675.15) Sec. 34-54. Distribution prohibited where properly posted. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the terms, "no trespassing," "no peddlers or agents," "no advertisements" or any similar notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises. (Code 1981, § 675.16) Sec. 34-55. Distribution at inhabited private premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person present in or upon such private premises. However, if the inhabited private premises are not posted, as provided in this division, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or uponsuch inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or public places and http://library4.municode.com/mcc/DocView/12642/l/100/102/104 9/26/2007 DIVISION 2. HANDBILLS Page 2 of 2 except that mailboxes may not be so used when prohibited by federal postal law or regulations. This section shall not apply to the distribution of mail by the United States or to newspapers. (Code 1981, § 675.17) Secs. 34-56--34-65. Reserved. http://Iibrary4.municode.com/mcc/DocView/12642/1/100/102/104 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* ARTICLE III. PROPERTY MAINTENANCE STANDARDS* *Cross references: Code enforcement, ch. 2, art. VI. Sec. 34-91. Definitions. Page 1 of 6 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aesthetic means pertaining to beautification and good appearance through design, quality, maintenance and good upkeep. Appearance means the outward aspect visible to the public. Appurtenances means the visible, functional objects or accessories to and parts of a building. Blighting means any cause of destruction or ruin; to cause to wither or decay. Deterioration means the condition or appearance of a building or parts thereof showing evidence of physical decay, neglect, excessive use or lack of maintenance. Encroachment means entering by gradual steps into the possessions or rights of others. Family means an individual or a group of persons related to each other by blood or marriage or a group of not more than four adults who are not necessarily so related, living together under one roof as a single household unit. Filth means foul matter; unsanitary conditions; offensive or disgusting. Infestation means the presence of insects, termites, rodents, vermin or other pests on the premises which constitute a health or structural hazard. Landscape means elements of nature and manmade objects combined in relation to one another. Nuisance means everything that endangers life or health, gives offense to senses, violates the laws of decency or obstructs reasonable and comfortable use of property. Obnoxious means very unpleasant, objectionable and offensive. Screening means a structure or planting which conceals from public view the area behind such structure or planting. Topography means the physical characteristics of land. (Code 1981, § 652.09) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 34-92. Authority. This article is enacted under the home rule power and the police power of the city in the interest of public health, peace, safety and general welfare of the citizens and inhabitants of the city. http://library4.municode.com/mcc/DocView/ 12642/1/100/106 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* (Code 1981, § 652.01) i Sec. 34-93. Scope. This article shall be effective throughout the city. (Code 1981, § 652.03) Sec. 34-94. Purpose. Page 2 of 6 (a) The intent of the city council in adopting this article is to establish reasonable and uniform regulations on the appearance of public areas, business establishments and residential communities within the city. (b) Good community appearance is the product of orderly and harmonious relationships existing between manmade objects and nature. Appearance has a direct bearing on the economic value of property. When the appearance of public areas, business establishments and residential communities is good, business people, homeowners and industrial developers tend to have a strong confidence in the community. Poor appearance, congestion and lack of proper maintenance bring about blight, decay, decreased property values, loss of revenues and decreased community confidence. (c) People are intensely aware of and affected by bad design or lack of attention to it. Poor quality of design in the exterior appearance of buildings or in the development and maintenance of structures, landscaping, signs and general appearance affect the desirability of immediate and neighboring areas for residential, business, industrial or other uses. Further, it impairs the benefits of occupancy in existing property, prevents the most appropriate development of such areas and produces undesirable conditions affecting health, safety, comfort and general welfare of the inhabitants of the city. (d) It is the purpose of this article to prevent the harmful effects that poor exterior property appearance can cause in the city and thus to promote and protect the public confidence and prosperity and to conserve the value of property. (Code 1981, § 652.05) Sec. 34-95. Enforcement. The code enforcement officer and code enforcement board shall enforce this article. (Code 1981, § 652.07) Sec. 34-96. Standards established. (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings, nonetheless both require maintenance in order to retain a good appearance. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be http://library4.municode.com/mcc/DocView/1 2642/1/100/106 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* ,y Page 3 of 6 �1 A-20 capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (c) Exterior property areas in the front yard shall be free of clotheslines or other outside methods of drying clothing or other materials. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. (e) Exterior property of buildings under construction shall be maintained during the period of construction as free of debris, rubbish or litter as possible so as not to constitute a blighting effect on the neighborhood. (Code 1981, § 652.11) Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. (3) Holes, excavations, breaks, projections, obstructions. All such holes and excavations shall be filled and repaired and walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. (4) Excretions of pets on paths, walks, driveways, parking lots, parking areas and other parts of the premises which are accessible to and used by persons on the premises. (5) Excessive accumulation of stormwater. (6) Source of infestation. (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and occupants, operators, tenants or anyone otherwise using the property in any form or manner shall provide: (1) Adequate placement of trash cans and dumpsters in strict observance of applicable sections of this Code and guidelines for garbage and trash collection service. (2) Screening of service yards and dumpster area by use of walls, fencing, planting or a combination of these on three sides with the open side positioned away from public view when possible, and which meet the design requirements as adopted in Appendix A [refer to building department] of this article referring to this section. Screening shall be equally effective in winter and summer. (3) Parking areas in good repair, free from erosion, properly marked and clear of litter http://library4.municode.com/mcc/DocView/ 12642/1/100/106 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* Page 4 of 6 and debris. '400 (Code 1981, § 652.13; Ord. No. 17-98, § 1, 5-19-98) Cross references: Supplementary zoning district regulations, § 110-466 et seq.; visibility requirements at intersections, § 110-469; requirements for fences, walls and hedges, § 110-470. Sec. 34-98. Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: (1) Reserved. (2) Materials shall have good architectural character and shall be selected for suitability to the type of buildings and the design in which they are used. Materials shall be of durable quality and appropriate to the climatic conditions of Florida. (3) Mechanical equipment, including air conditioners or other utility hardware, on the roof, ground or buildings shall be screened from public view when practicable with materials harmonious with the building or they shall be located so as not to be visible from any public ways. This equipment shall conform with normal noise standards and shall not emit excessive noise. (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. (5) Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and such shall be kept structurally sound in good repair. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. (7) On commercial or industrial property, all storefronts and walls exposed to public view shall be kept in good repair and shall not constitute a safety hazard or nuisance. All windows exposed to public view shall be kept clean and free of marks or foreign substances except when necessary in the course of changing displays. No storage of materials, stock or inventory shall be permitted in display window areas or other areas exposed to public view, unless such areas are first screened from public view with suitable material. (8) Any commercial or industrial building vacant for more than 15 days shall be maintained in a suitable manner. All glass surfaces visible to the public shall be kept clean and screened from the inside, and the adjacent lawns, landscaping, driveways and fences shall be maintained regularly. (9) Exterior lighting used to illuminate a building and its grounds for safety purposes shall be in an aesthetic manner. (10) Reserved. (11) All permanently placed trailers or mobile homes shall be skirted with harmonious materials to prevent animal infestations and encroachment. (Code 1981, § 652.15; Ord. No. 16-95, § 1, 12-19-95) http://Ilbrary4.municode.com/mcc/DocView/12642/l/100/106 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* Page 5 of 6 40/00 Sec. 34-99. Landscape appearance and maintenance. The community depends on trees and plant material to enhance its beauty, moderate its climate and provide year-round greenery and color. Landscaping criteria shall include but not be limited to the following: (1) All landscaped areas shall be maintained to present a neat and orderly appearance. (2) All dead or deteriorated plant material shall be promptly replaced or removed. (3) Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification of topography will be permitted where it contributes to good appearance. (4) Parking areas and trafficways shall be encouraged to be enhanced with landscaped parking spaces containing trees or tree groupings. Shrubs shall be used only when they will not obscure vision and will not require excessive maintenance. (5) All public landscaped areas shall be protected from vehicular encroachment. (Code 1981, § 652.17) Cross references: Vegetation, ch. 102; requirements for off-street parking, § 110-491 et seq.; requirements for landscaping and vegetation in the zoning regulations, § 110-566 et seq. Sec. 34-100. Sign appearance and maintenance. (a) All signs exposed to public view permitted by chapter 94 pertaining to signs shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed. (b) Any awning or marquee and its accompanying structural members shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. If such awnings or marquees are not properly maintained in accordance with this subsection, they shall, together with their supporting members, be removed. If the awnings or marquees are made of fire resistant cloth, metal or plastic, the cloth, metal or plastic shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or holes. (c) Wall and ground signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with signs on adjoining buildings. (d) Identification signs and business signs shall conform to the building design and surrounding landscape. (e) Materials in signs shall have good architectural character and shall be harmonious with building design and surrounding landscape. (f) Every sign shall have good scale in its design and in its visual relationship to buildings and surroundings. (g) Lighting of signs shall be harmonious with the design and in accordance with section 94-63. (Code 1981, § 652.19) Cross references: Signs, ch. 94. http://Iibrary4.municode.com/mcc/DocView/12642/1/100/106 9/26/2007 ARTICLE V. NOISE* Page 1 of 2 ARTICLE V. NOISE* lel00 *Cross references: Code enforcement, § 2-246 et seq.; animals, ch. 14; streets, sidewalks and other public places, ch. 66; traffic and vehicles, ch. 74; buildings and building regulations, ch. 82; zoning regulations, ch. 110. State law references: Motor vehicle noise, F.S. §§ 316.293, 403.415. Sec. 34-151. Declaration of policy to prohibit noise. It is declared to be the policy of the city to prohibit unnecessary, excessive and offensive noises from all sources subject to its police powers. The need for noise regulations is a matter of legislative determination and public policy, and this article is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, peace and quiet of the city and the people residing therein. (Code 1981, § 711.01) Sec. 34-152. Penalties. Any person violating this article shall be punished as provided in section 1-15. (Code 1981, § 711.25) Sec. 34-153. Enumeration of prohibited noises. It is unlawful for any person within the city to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others, and the following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive: (1) The sounding of any horn or other signaling device on any automobile, motorcycle or other motor vehicle on any street or in any public place within the city, except as a danger warning; the creation by means of such signaling device of any unreasonably loud or harsh sound and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn or other signaling device operated by the engine exhaust of any motor vehicle and the use of any such horn or other signaling device when traffic is for any reason held up. (2) The playing, using or operating or permitting to be played, operated or used any radio receiving set, musical instrument, television set, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring residents at any time with louder volume than is necessary for the convenient hearing of the person who is in the room, vehicle or immediate area in which such machine or device is being operated and who is a voluntary listener thereto. The operation of any such radio receiving set, musical instrument, television set, phonograph or other machine or device for producing or http://Iibrary4.municode.com/mcc/DocView/12642/l/100/108 9/26/2007 ARTICLE V. NOISE* Page 2 of 2 �/00 reproducing sound between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located, shall be deemed prima facie evidence of a violation of this section. (3) The playing, using or operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure; provided, however, within the com- mercial zoned district, the city manager may issue a permit to allow certain of the such activities, subject to conditions that would not materially disturb the tranquility of persons in the vicinity. (4) Yelling, shouting, hooting, whistling or singing on the public streets between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, store or in any dwelling, hotel or other type of residence. (5) The keeping of any animal or bird which, by frequent or long -continued noise, shall disturb the comfort or repose of persons in the vicinity thereof. (6) The discharge into the open air of the exhaust of any engine, motor, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud, explosive and unnecessary noise therefrom. (7) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. (Code 1981, § 711.02) Sec. 34-154. Construction noise. (a) The construction, erection, including excavation, demolition, alteration or repair of any building shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. These activities shall be prohibited at all other times and also during all hours on New Year's Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas, except during urgent necessity in the interest of public health and safety, and then only with a permit from the building official, which permit may be grantedfor a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building official shall determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m. and during all hours of the holidays listed in this subsection and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done between the hours of 7:00 p.m. and 7:00 a.m. and during all hours of the holidays listed in this subsection, upon application made at the time the permit for the work is awarded or during the progress of the work. (b) Home repairs by occupants or home additions by occupants that do not exceed 500 square feet shall be excluded from this article. (c) The building official is empowered to issue a stop work order for violation of this article and, upon repeated occurrences, may revoke the building permit of the violator. (Code 1981, § 711.10) Secs. 34-155--34-175. Reserved. http://Iibrary4.municode.com/mcc/DocView/12642/l/100/108 9/26/2007 ARTICLE VII. LIGHTS* Page I of 2 ARTICLE VII. LIGHTS* 'Ax *Cross references: Code enforcement, § 2-246 et seq.; artificial light illumination restricted for the protection of sea turtles, § 14-55; buildings and building regulations, ch. 82; signs, ch. 94; supplementary zoning district regulations, § 110-466 et seq. Sec. 34-206. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Spillover lighting means spillover lighting in excess of 0.2 footcandles greater than the existing light (i.e., moonlight) that transmits beyond the property boundary line. (Code 1981, § 713.05) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 34-207. Policy established. It is declared to be the policy of the city to prohibit unnecessary, excessive and offensive spill- over lighting from all sources subject to its police powers. The need for spill-over lighting regulation is a matter of legislative determination and public policy and this article is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety and welfare of the city and the people residing therein. (Code 1981, § 713.01) Sec. 34-208. Penalty. Any person violating this article shall, upon conviction, be punished as provided in section 1-15. (Code 1981, § 713.11) Sec. 34-209. Spillover lighting standards established. Area floodlighting fixtures or other materials installed or provided within the corporate limits of the city, unless excepted elsewhere, shall be installed in or equipped so that the light source does not transmit excessive spillover beyond the boundaries of the property on which the lighting source is located. (Code 1981, § 713.03) Sec. 34-210. Exceptions. Any lighting source emanating from a light source which is owned by or under the control of any http://library4.municode.com/mcc/DocView/12642/l/100/1 10 9/26/2007 ARTICLE VII. LIGHTS* Page 2 of 2 X100 federal, state, county or municipal unit of government or public utility shall be specifically excepted from this article. (Code 1981, § 713.07) Sec. 34-211. Method of measurement. In order to determine spillover lighting, the code enforcement officer shall measure the light where the light first spills over the adjoining property by using a correctly calibrated light meter while pointing the light meter directly at the source light. The light meter shall be calibrated in accordance with accepted recognized standards. (Code 1981, § 713.09) http://Iibrary4.municode.com/mcc/DocView/12642/l/100/1 10 9/26/2007 ARTICLE I. IN GENERAL Page I of 1 ARTICLE I. IN GENERAL Sec. 14-1. Penalty. Any person convicted of a violation of this chapter shall be punished as provided in section 1 - 15 (Code 1981, § 701.07) Sec. 14-2. Designation of bird sanctuary. (a) The entire area embraced within the corporate limits of the city is designated as a bird sanctuary. (b) It shall be unlawful to trap, shoot, hunt or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. (Code 1981, §§ 655.01, 655.02) Sec. 14-3. Bees and beehives prohibited. The raising of bees or maintenance of beehives within the city limits is prohibited. (Code 1981, § 701.06) Secs. 14-4--14-25. Reserved. http://library4.municode.com/mcc/DocView/12642/l/75/76 9/26/2007 ARTICLE III. SEA TURTLES* Page 1 of 5 ARTICLE III. SEA TURTLES* '/09 *Cross references: Environment, ch. 34; parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66; waterways, ch. 106. State law references: Sea turtles, F.S. §§ 161.053, 161.142, 161.161, 161.163, 370.12. Sec. 14-51. Purpose and scope. (a) The purpose of this article is to protect the endangered and threatened sea turtles which nest along the Atlantic Ocean beaches in the city by safeguarding the nesting sea turtles and sea turtle hatchlings from sources of artificial light on the beaches within the jurisdictional boundaries as defined by this article. (b) The scope of this article shall be limited to that area defined in this article as the jurisdictional boundary. (Code 1981, § 659.01) Sec. 14-52. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the city manager or his designee who is responsible for administering this article. Artificial lighting or illumination means light emanating from a manmade device, which includes at least one lamp. Beach means that area of unconsolidated material that extends landward from the mean low- water line to the place where there is marked change in material or physiographic form or to the line of permanent vegetation, usually the effective limit of storm waves, as is defined in chapter 1613-33, Florida Administrative Code. Footcandle means a measure of light intensity equal to one lumen per square foot. Hatchling means any species of sea turtle, within or outside of a nest, which has recently hatched from an egg. Jurisdictional boundary means the area of the beach and land extending landward from the beach along land adjacent to the Atlantic Ocean. Lamp means a manmade device emanating light, including but not limited to incandescent, tungsten -iodine (quartz), mercury vapor, fluorescent, metal halide, neon, high-pressure sodium and low-pressure sodium. Low -profile lighting means a light fixture which places the source of light no higher than 48 inches off the ground and which is designed in such a way that light is directed downward from a hooded light source. Mechanical raking means the act of raking the beach with a motor -powered vehicle and a rake http://library4.municode.com/mcc/DocView/12642/l/75/78 9/26/2007 ARTICLE II1. SEA TURTLES* Page 2 of 5 with prongs that are greater than three inches long or what may be allowed by the state department of environmental protection following a storm. New development means new construction and remodeling of existing structures when such remodeling includes the alteration of exterior lighting. Photometrics means charts, which are normally provided with lighting sales literature, that describe the characteristics of the illumination cast by the lamps discussed in that literature. Post -emergent hatchling means a hatchling sea turtle that has successfully emerged from its incubation site and must traverse the open beach and surf. Sea turtle means any species of marine turtle, including Caretta caretta (loggerhead turtle), Chelonia mydas (green turtle), and Dermochelys coriacea (leatherback turtle), using county beaches as a nesting habitat. (Code 1981, § 659.03) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 14-53. Enforcement and penalty. If the administrator shall find that any of the sections of this article are being violated, he shall notify the property owner or occupant of such violations, in writing, indicating the nature of the violation and ordering any action necessary to correct it. Any person found guilty of violating any of the sections of this article after a first written warning shall be punished in accordance with section 1-15. In addition to any other remedies, whether civil or criminal, violations of this article may be enforced by the code enforcement board and may be restrained by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law. (Code 1981, § 659.15) Sec. 14-54. Exemptions. (a) Under this article, bona fide research or patrol vehicles may operate at night with no more artificial lighting than reasonably necessary for safe operation on the city beaches; provided, however, the operators of such vehicles are authorized permittees of the state Department of Environmental Protection or law enforcement officers. (b) During the nonnesting season (November 1 through April 30 of each year) temporary lighting may occur. (c) Temporary lighting utilized by public service agencies for emergency repairs may occur. (d) In the aftermath of a natural event, such as a major storm or red tide, mechanical raking may occur if the beach area affected has been a part of a sea turtle monitoring program and a bona fide research agency, with a state department of environmental protection turtle permit, has certified that mechanical raking will not disturb any identified sea turtle nest and a copy of the required state department of environmental protection field permit, for mechanical raking, has been filed with and approved by thecounty division of codes and building services or its successor. (e) Administrative exemption procedures shall be as follows: (1) It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. However, the city recognizes that the protection of sea turtles must be balanced with health, safety and welfare interests of persons which may warrant more light or additional beach http://library4.municode.com/mcc/DocView/12642/l/75/78 9/26/2007 ARTICLE III. SEA TURTLES* Page 3 of 5 �16) 0 activity along some beaches. In recognition of the need to balance the interests of the sea turtles with interests of public safety, the administrator shall havethe authority to exempt any lighting or activities affected by this article from any or all sections of this article upon written application in accordance with subsection (e)(3) of this section. (2) In reaching a decision on a written application for exemption, the administrator shall consider the following: a. It is determined there will be no significant adverse effect upon the surrounding lands and waters. b. It is determined there will be no significant adverse effect upon the environmental quality of the area. c. It is determined public safety will be adversely affected to a significant degree should the exemption not be granted. d. The exemption, if granted, is the minimum exemption that will make possible reasonable protection of both the sea turtles and the public safety concerns. (3) Application for exemption under this subsection shall be made in writing on a form provided by the administrator and shall include the following: a. A plan which shall depict the site, location of all buildings or structures on the site and location of all lighting on the site. b. The nature of the exemption requested. c. Written reasons why the exemption should be approved. d. Any additional necessary or appropriate items which the administrator may require. (4) If the administrator denies the exemption, the applicant may file an appeal of the administrator's written decision with the city council. (Code 1981, § 659.13) Sec. 14-55. New development. (a) It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, building and electrical plans associated with parking lots, dune walkovers or other outdoor lighting for development of real property within the jurisdictional boundaries shall be in compliance with the following: (1) Except as set forth in subsection (a)(2) of this section, no more than 0.5 footcandles of artificial illumination shall be cast upon the beach. Appropriate techniques for reducing artificial illumination include but are not limited to fitting lights with hoods or shields, screening artificial light with vegetation or other devices, directing light away from beach area, utilizing low -profile lighting and lowering the light intensity of the lamps. (2) No more than two footcandles of artificial illumination shall be cast upon the beach when the spectral distribution of the light bandwidths is between 560 and 620 nanometers. Commercially available lighting that satisfies the spectral criteria include low-pressure sodium lamps. (3) No lamp shall be directly visible from the beach. The use of opaque materials for screening and hooding the lamps are techniques which may be used to limit visibility from the beach. http://Ilbrary4.municode.com/mcc/DocView/12642/l/75/78 9/26/2007 ARTICLE III. SEA TURTLES* Page 4 of 5 (4) Parking lots where vehicle headlights may cast light onto the beach so as to be in violation of this article shall be screened to eliminate excess light on the beach. (5) At the time building and electrical plans are submitted for public review, appropriate photometrics of the artificial lighting used shall be provided by the applicant. Photometrics shall include horizontal isolux charts and spectral distribution charts if appropriate. (b) This article shall not apply to any structure for which a building permit or development order has been issued prior to the effective date of the ordinance from which this section is derived. (Code 1981, § 659.05) Cross references: Lights, § 34-206 et seq. Sec. 14-56. Existing development. It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, lighting of all structures which illuminate the beach shall be in compliance with the following: (1) Artificial lighting shall conform to section 14-55(a); or (2) Artificial lighting used to illuminate buildings and grounds which directly or by refraction or reflection illuminates the beach above the levels established in section 14- 55 shall be turned off from 9:00 p.m. until 7:00 a.m. every day during the period of May 1 to October 31 of each year. Automatic timers may be used to provide consistent compliance. (Code 1981, § 659.07) Sec. 14-57. Publicly owned lighting. Streetlights and lighting at parks and other publicly owned beach access areas within the jurisdictional boundaries of this article shall be subject to the following: (1) All new and replaced lamps shall not be directly visible from the beach. (2) Artificial lighting at parks or other public beach access points shall conform to section 14-55(a). (3) Artificial lighting used to illuminate buildings and grounds which directly or by refraction or reflection illuminates the beach above the levels established in section 14- 55(a) shall be turned off from 9:00 p.m. until 7:00 a.m. every day during the period of May 1 to October 31 of each year. Automatic timers may be used to provide consistent compliance. (Code 1981, § 659.09) Sec. 14-58. Beach activities. (a) Fires, although otherwise restricted on, over, or upon the city's beaches in chapter 54, shall be prohibited within the jurisdictional boundaries of this article when such fires are visible from the beach from 9:00 p.m. until 7:00 a.m. during the period of May 1 to October 31 of each year. (b) Mechanical raking of the beach within the jurisdictional boundaries of this article shall be http://library4.municode.com/mcc/DocView/12642/l/75/78 9/26/2007 ARTICLE III. SEA TURTLES* Page 5 of 5 .s�joo prohibited during the period of May 1 to October 31 of each year, except as exempted under section 14-54(d). (Code 1981, § 659.11; Ord. No. 01-2003, § 2, 1-21-03) http://library4.municode.com/mcc/DocView/12642/l/75/78 9/26/2007 DIVISION 1. GENERALLY ►MN Page 1 of 1 Sec. 110-467. Garage sales. The noncommercial sale of privately owned items at retail from residential premises, commonly known as a garage sale or yard sale, shall comply with the following: (1) Hours of sale shall be restricted to daylight hours. (2) The sale may continue for two periods of not more than three consecutive days each. The two periods of sale shall be separated by a minimum of four nonsale days, and the total sale days shall be completed within 15 consecutive calendar days. (3) Yards shall be cleared of salable items on all nonsale days. (4) Subsequent garage sales conducted on the same premises by the same household are permitted 180 days after the close of the preceding sale. (5) A sign specifying a garage or yard sale may be displayed on the premises of the sale on sale days only. Such sign shall not exceed four square feet in size. (6) The person in charge of the sale shall ensure that automotive vehicles of potential or actual customers do not interfere with pedestrian or vehicular traffic in the vicinity. (Code 1981, § 641.13) http://library4.municode.com/mcc/DocView/12642/l/254/285/286 9/26/2007 DIVISION 8. SWIMMING POOLS* Page 1 of 1 Sec. 110-582. Enclosure. (a) Any portion of a swimming pool to which access may be obtained from outside a residence, building or similar structure shall be required to be protected by a barrier as stipulated in the Standard Swimming Pool Code as adopted in Chapter 82 of the City Code of Ordinances. (b) Any portion of a swimming pool to which access may be obtained from inside a residence, building or similar structure where a wall of the residence, building or similar structure serves as a portion of the barrier required in (a) above shall be protected as stipulated in the Standard Swimming Pool Code as adopted in Chapter 82 of the City Code of Ordinances. (Code 1981, § 641.47(6); Ord. No. 16-98, § 2, 5-5-98) http://Iibrary4.municode.com/mcc/DocView/12642/1/254/285/293 9/26/2007 The resort dwelling or resort condominium use is abandoned pursuant to section 110-197 of this Code; (21 The Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation revokes the resort dwelling's or resort condominium's license for whatever reason, or if said Iicense should otherwise expire or lapse at any time for a period of time in excess of thirty (30) days. M The resort dwelling or resort condominium unit has been repeatedly found to be in violation of applicable building, fire, and zoning code requirements on more than three (3) se crate occasions within the previous three year period commencing on the date that the most recent violation was cited. For purposes of this subsection, the term violation shall include those violations declared by the state or the city or a combination of violations declared by the state and city. It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1 (Low Density Commercial District) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance of the public health, safety. and welfare of the public that occupy resort dwellings and resort condominiums, the _city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within the city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking', injunctive relief in a court of competent jurisdiction. Sec. 110-486. Rental Restrictions on Dwelling Units.X20 L It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days in anv zoning district, excluding hotels, motels under section 110-332(4) and resort condominiums in the C-1 zoning district. 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 City of Cape Canaveral Ordinance No.04-2007 Page 9 of 10 ARTICLE XIV. NUMBERING OF BUILDINGS AND PROPERTY Page 1 of 2 ,/00 ARTICLE XIV. NUMBERING OF BUILDINGS AND PROPERTY Sec. 82-366. Purpose. The purpose of requiring the display of building or property numbers is for locating such property in an emergency. Sec. 82-367. System established; incorporation of map. A uniform system of numbering properties and principal buildings, as shown on the map identified by the title, "Property Numbering Map," which is filed in the office of the building official, is adopted for use in the city. This map and all explanatory matter thereon is adopted and made a part of this article. (Code 1981, § 505.01) Sec. 82-368. Administration. (a) The building official shall be responsible for maintaining the numbering system adopted by this article. (b) The building official shall duly record all numbers assigned under section 82-367. (c) The building official shall assign to any property owner in the city, upon request and without charge, a property number for each principal building or separate front entrance to such building. However, the building official may issue additional property numbers in accord with the official numbering system whenever a property has been subdivided, a new front entrance opened or undue hardship has been worked on any property owner. (Code 1981, § 505.03) Sec. 82-369. Assignment of numbers. All properties or parcels of land within the city shall be identified by reference to the uniform numbering system adopted in this article. (Code 1981, § 505.05) Sec. 82-370. Numbering multiple -family structures. Each principal building shall bear the number assigned to the frontage on which the front entrance is located. If a principal building is a multiple -family structure comprised of four or more dwelling units, the principal building shall bear a separate number, and each dwelling unit therein shall affix a letter suffix or apartment number suffix to the building number. (Code 1981, § 505.09) Sec. 82-371. Posting and specifications of numbers. http://library4.municode.com/mcc/DocView/12642/l/187/199 9/26/2007 ARTICLE XIV. NUMBERING OF BUILDINGS AND PROPERTY Page 2 of 2 50/00 Numbers indicating the official numbers for each principal building or each front entrance to such building shall be posed in a manner as to be clearly visible and distinguishable from the street on which the property is located. Such numbers shall be a minimum of three inches in height and one-half inch in width and of a contrasting color with the building. (Code 1981, § 505.11) Secs. 82-372--82-374. Reserved. http://Iibrary4.municode.com/mcc/DocView/12642/l/187/199 9/26/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 1 of 6 DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 2-280. Intent and purpose. (a) It is the intent and purpose of this division to provide a supplemental procedure for the enforcement of city codes and ordinances. Nothing contained in this division shall prohibit the city from enforcing its Code and ordinances by any other lawful means. (b) It is also the intent and purpose of this division to enhance the effectiveness of code enforcement within the city by authorizing the enforcement methods and penalties contained in this division for the betterment and promotion of the public health, safety, and welfare of the citizens of the city. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-281. Definitions. The following words and phrases shall have the meaning ascribed herein unless the context clearly indicates otherwise: (a) Code enforcement officer shall mean city manager designated employees or agents whose duty it is to enforce the City Code and ordinances. Code enforcement officers may include, but are not limited to, code inspectors, building inspectors, the building official, law enforcement officers, fire safety inspectors, or any other employee or agent authorized by the city council and/or city manager. All such officers employed by the city shall receive training as prescribed by the city council and/or city manager. (b) Person shall mean any individual, associations, joint ventures, partnerships, corporations, trusts, sole proprietorships, and any and all other groups or combinations and legal entities. (c) Repeat violation shall be as defined by F.S. ch. 162, and as may be amended from time to time. (d) Violation shall mean the act of breaking, infringing or transgressing any provision of the City Code, its ordinances or other law by a person, pursuant to this division. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-282. Authorization of citation program. (a) The city hereby adopts a code enforcement citation system to provide an additional and supplemental method of enforcing the enumerated codes and ordinances enumerated in section 2-283 or specifically made subject to this division elsewhere in the City Code. The enforcement method shall be by the issuance of citations for violation of duly enacted city codes and ordinances in accordance with the rules and procedures established by this division and F.S. Ch. 162. (b) Code enforcement officers shall not have the power of arrest for purposes of bringing a violation in compliance. For each violation, the code enforcement officer shall determine, using reasonable discretion, whether to prosecute the violation through the civil citation system under this division and/or the code enforcement board. (Ord. No. 06-2004, § 2, 4-20-04) http://Iibrary4.municode.com/mcc/DocView/12642/l/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 2 of 6 C ry Sec. 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. (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. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-284. Training of code enforcement officers. (a) The training and qualifications of the code enforcement officers shall be established by the city council or city manager. (b) Except for sworn law enforcement officers, the designation of code enforcement officers under this division does not confer the power of arrest or other law enforcement powers nor subject the code enforcement officers to the provisions of F.S. Ch. 943. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-285. Citation powers; personal investigation; reasonable cause. Any code enforcement officer is hereby authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of the duly enacted code or ordinance which is either identified in section 2- 283 of this division or specifically made subject to this division elsewhere in the City Code, regardless of whether the violation constitutes a repeat violation. Nothing in this section shall prohibit thecity from enforcing its codes or ordinances by any other means. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-286. Violation; penalties; general. (a) A violation of a city code or ordinance specifically made subject to this division is hereby deemed a civil infraction. (b) Each violation of a city code or ordinance specifically made subject to this division is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) The maximum civil penalty pursuant to this division, shall not exceed $500.00 plus all applicable court costs and legislative assessments, per violation. (d) Any citation issued pursuant to this article may be contested in county court. (e) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 and 775.083. (f) The provisions of this part shall not apply to enforcement pursuant to sections 553.79 and http://library4.municode.com/mcc/DocView/12642/l/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 3 of 6 clv;6J 553.80 of the Florida Building Code, as applied to construction, provided that a building permit is either not required or has been issued by the city. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-287. Citation issuance procedure. All citations issued pursuant to this division by a code enforcement officer shall be in accordance with the following procedure: (a) Warning notice. Except as provided in subsection (b), a code enforcement officer shall provide a warning notice prior to issuing a citation. The warning notice shall at a minimum provide the following: (1) The code or ordinance provision violated; (2) The date of the issuance of the warning notice; (3) Specified time for compliance (the time period for compliance shall not exceed 30 days); (4) Maximum amount of fine if violation is not corrected; (5) Code enforcement officer's signature; and (6) A place for the signature of the person receiving the warning. If upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation. The citation shall be in a form proscribed in section 2-288. (b) Repeat violation, serious threat to public, or irreparable. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to the issuance of a citation and may immediately issue a citation if a violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (c) Delivery of citations. After issuing a citation to a person, the code enforcement officer shall: (1) Deposit the original citation and one copy of the citation with the clerk of court for the Brevard County Court. (2) Provide the person cited with one copy; and (3) Retain one copy in the code enforcement officer's case file. (d) Issuing citations to persons. Written warning notices, if applicable, and citations shall be issued to a person as follows: (1) If the person is an individual, the code enforcement officer shall issue the waming notice or citation to the person by hand delivery. In the absence of the person who has committed the violation, issuance of a warning notice or citation may be accomplished by leaving a copy of the warning notice or citation at a person's usual place of residence with any person residing therein who is 15 years of age or older and informing the person of the contents or forwarding a copy of the warning notice or citation by registered or certified mail, return receipt requested. (2) If the person is a business or other entity, the code enforcement officer shall issue the warning notice or citation to any employee or principal of the entity, during regular business hours, and inform the employee or principal of the contents or by forwarding a copy of the warning notice or citation by registered or certified mail, return receipt http://Iibrary4.municode.com/mcc/DocView/I 2642/l/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 4 of 6 requested. Each employee of the business or principal shall be deemed to be an agent of the business for service of warning notices and citations. (e) Person required to sign citation. Except in the absence of the person who has committed the violation, a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "refused to sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the city police department to report such violation of section 2-286(e) and F.S. § 162.21(6). (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-288. Citation form. Unless a uniform code citation is promulgated by administrative order issued by the chief judge of the 18th judicial circuit or state statute, the citation issued by a code enforcement officer shall be in a form prescribed by the city council by resolution, and shall contain at a minimum the following: (a) The date and time of issuance; (b) The name and address of the person to whom the citation is issued; (c) The date and time the civil infraction was committed; (d) The facts constituting reasonable cause; (e) The number or section of the code or ordinance violated; (f) The name and authority of the code enforcement officer; (g) The procedure for the person to follow in order to pay the civil penalty or to contest the citation; (h) The applicable civil penalty if the person elects to contest the citation; (i) The applicable civil penalty if the person elects not to contest the citation; and (j) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-289. Payment of penalty; court hearings. (a) Citation not contested. If the person elects not to contest the citation, the person shall pay in full the applicable civil penalty, made payable by cash or check to the city and delivered to the city manager, within 14 calendar days after issuance of the citation. The civil penalty shall be deposited in the city's general fund. By paying the citation, the person shall be deemed to have admitted the infraction and waived the right to a hearing. The city manager shall instruct the code enforcement officer who issued the citation to promptly notify, in writing, the clerk of the court for the county court that the person elected not to contest the citation and the matter involving the particular paid citation has been closed and requires no hearing before the court. http://Iibrary4.municode.com/mcc/DocView/12642/l/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 5 of 6 i (b) Failure to pay citation and request court hearing. If the person cited fails to pay the civil penalty by the 14th calendar day after the issuance of the citation or fails to request a court hearing within the time prescribed in subsection (c), the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty plus applicable court costs. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to pay or request a court hearing. Failure to respond to an order to show cause may result in issuance of an arrest warrant or other lawful action by the court. (c) Citation contested. If the person elects to contest the citation, the person shall, within 21 calendar days of issuance of the citation, request, in writing, the clerk of the court for the county court to schedule a hearing before a county judge. The person shall immediately notify the city of the request for hearing by U.S. mail or hand delivery to the city manager. Said hearing shall be scheduled as soon as the court calendar shall permit. (d) Judicial determination of violation and penalties; civil judgments, payment of civil judgment. (1) A county judge, after a hearing on the citation, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the county judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution and legislative assessments, plus applicable court costs; in no event, however, shall such civil penalty imposed by the county judge be less than the reduced civil penalty set forth herein. (2) The county judge may provide for the civil penalty to be paid, and the violation to be corrected, within such time as the county judge determines to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided, a civil judgment shall be entered against that person in an amount up to the maximum civil penalty plus applicable court costs. (3) Should the person cited schedule a hearing as provided for herein and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty plus applicable court costs; provided, however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, theclerk of the court shall notify the code enforcement officer and the person cited of the date and time of the hearing. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to appear at the hearing. Failure to respond to the order to show cause may result in issuance of an arrest warrant. (4) Should the person cited willfully fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect. (5) In the event that a civil judgment is entered against the person cited as provided herein, the city may record a certified copy of said judgment in the official records of the county and the same shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. (6) In the event that an order is entered finding that a violation of the ordinance cited has been committed, the city may record a certified copy of said order in the official records of the county and the same shall thereafter constitute notice to and be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the http://Iibrary4.municode.com/mcc/DocView/12642/l/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 6 of 6 i violator and any subsequent purchasers, successors in interest or assigns ifthe violation concerns real property. (7) Payment of any civil penalty imposed by civil judgment or county judge shall be made to the clerk of the court, who shall forward the monies collected to the city manager for deposit into the city's general fund. If a judgment has been entered for the civil penalty, the clerk of the court shall notify the city when the judgment has been paid and the necessary satisfaction of judgment shall be prepared and recorded in the official records of the county. (8) Should the provisions of this section conflict with any administrative order issued by the court which sets forth the court's procedures required for handling code enforcement citations, the conflicting provisions of the court's administrative order shall prevail. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-290. Authorization to enter upon property. A code enforcement officer charged with the duty to enforce this division shall have the right to enter upon private real property in accordance with applicable federal and state law. If entry upon private real property is denied, the city manager is hereby authorized to direct the city attorney to obtain an inspection warrant from a court of competent jurisdiction for purposes of authorizing a code enforcement officer to inspect the private real property and personal property thereon. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-291. Classes of violations and penalties. (a) All violations of city codes and ordinances authorized for enforcement under this division shall be classified and assigned civil penalties as follows: TABLE INSET: Violation Civil Penalty Class 1 $100.00 Class II 200.00 Class III 300.00 Class IV j 500.00 (b) Any city code or ordinance enacted subsequent to the adoption of this division may set forth the applicable civil penalty for violations by designating the appropriate violation classification provided in this section. (c) All city code or ordinance provisions which are subject to this division and which do not specifically set forth an applicable civil penalty classification shall be penalized as a class I violation. (Ord. No. 06-2004, § 2, 4-20-04) Secs. 2-292--2-299. Reserved. http://library4.municode.com/mcc/DocView/12642/1/33/53/56 9/10/2007