HomeMy WebLinkAboutPacket 09-13-2007 WorkshopCALL TO ORDER:
ROLL CALL:
DISCUSSION:
1. Civil Citation Code.
2. Chronic Nuisance Code.
ADJOURNMENT:
ty of Cape Canaveral
WORKSHOP MEETING
INING & ZONING BOARD
HALL ANNEX
, Cape Canaveral, Florida
HURSDAY
mber 13, 2007
5:30 PM
AGENDA
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.
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 COUNCIL WORKSHOP MEETING
WITH THE PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 28, 2007
5:30 PM
MINUTES
CALL TO ORDER:
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
Planning & Zoning Members Present:
Chairperson
Bea McNeely
Vice -Chairperson
Lamar Russell
Board Member
John Fredrickson
Board Member
Donald Dunn
Board Member
Harry Pearson
Alternate Board Member
John Johanson
Others Present:
City Attorney
Kate Latorre
City Manager
Bennett Boucher
Building Official
Todd Morley
Code Enforcement Officer
Duree Alexander
BCSO
Lt. Jeff Ludwig
Recording Secretary
Kim McIntire
DISCUSSION:
1. Proposed Chronic Nuisance Ordinance and Civil Citation Program
Mayor Randels thanked Mayor Pro Tem Hoog for chairing the July 10 workshop meeting in the
discussion of the proposed Chronic Nuisance Ordinance and Civil Citation Program. He stated the
purpose of this evening's workshop was to solicit input from the Sheriff s Department. He explained that
the proposed ordinance and program were not replacing Code Enforcement. The intent is to shorten up
the process.
Mr. Boucher commended Mayor Pro Tem Hoog for guiding everyone through the review of the entire
ordinance at the last workshop meeting. He said copies of the revision to the draft ordinance from the
first workshop meeting had just been received from the City Attorney's Office dated July 31, 2007, and
copies had been provided for this evening. The proposed ordinance allows for two service calls within a
one-year period with a $250 fine for the third service call and a $500 fine for all service calls thereafter
for single-family resident or duplex, multi -family residences including apartments, hotels & motels and
businesses. Mr. Boucher asked for law enforcement perspective before the frequency thresholds are
finalized.
Lt. Ludwig advised that the Sheriff's Office had prepared a Calls for Service report for Cape Caribe,
Residence Inn and the Radisson for the period of January 1, 2006 to July 19, 2007 for City Council's
review.
Lt. Ludwig walked City Council and the P&Z Board through the service call process starting with the
original complaint to the BCSO Operator to the Dispatcher to the Deputy. Mayor Randels asked how the
system works with cell phones. Lt. Ludwig responded that the Sheriff's Department works with GPS
components through the phone company.
Lt. Ludwig said one problem with the proposed two service calls within a one-year period is that
individuals may need a third service call; however, they don't want to be fined and, therefore, will not
contact the Sheriff s Department. This is not what the Sheriff's Department wants to happen.
Councilmember Nicholas opined that certain businesses will not place service calls because they don't
want to get a reputation with the Sheriffs Department; specifically, bars. He said if the City was going to
impose fines on the City's businesses, how were the businesses located at the port going to be handled.
Mayor Randels asked Lt. Ludwig what can the City do to help reduce the number of complaints. Lt.
Ludwig responded that each service call is unique. His biggest concern is that people will not call if the
City Council establishes a threshold of two service calls per a one-year period.
Lamar Russell reminded everyone of the original intent of the proposed chronic nuisance ordinance which
was to address resort dwellings within the residential neighborhoods. Large traffic areas (hotels,
businesses), resulted in more service calls. The biggest flaw in the ordinance is that commercial areas are
included, and he recommended they be removed.
Representatives from Cape Caribe, Residence Inn and the Radisson all stated that a majority of service
calls were generated from within their respective complexes. Mr. John Grandlich, Cape Caribe, stated
that the issue of "noise" was subjective.
Discussion followed regarding noise caused by businesses in the commercial areas that abut residential
areas; i.e., Waste Management trucks servicing Cape Caribe in the early morning and Wendy's and Circle
K receiving deliveries at night. Mayor Randels added that the time of the nuisance was relevant.
Mr. Russell opined that the only leverage the City needs is through the Occupational Licenses; excessive
business complaints can be taken up by the City Council. He restated that the proposed ordinance should
only be applied to the residential areas. Council Member Petsos agreed.
Lt. Ludwig stated that the problem with noise complaints was that very rarely does the deputy hear
anything when he arrives on site. Affidavits are required by neighbors; however, many times the citizens
will not cooperate for fear of retaliation. Citizens need to work more closely with the Sheriff's Office.
P&Z Members Dunn and Pearson agreed that some of the items listed in the proposed ordinance should
not be included; i.e., battery. Mr. Pearson reminded that the P&Z Board had recommended three service
calls within a 30 -day period; however, the proposed ordinance had been revised by the city attorney. He
questioned if the City was becoming too severe.
The Residence Inn representative advised that their foot traffic averages 6,000/month which should allow
for more service calls.
John Grandlich advised that Cape Caribe paid an exorbitant amount of impact fees and together with foot
traffic, these parameters should justify the need for a higher number of service calls than the residential
units. He said respective property owners should address nuisance situations among themselves prior to
contacting the Sheriff's Office.
City Manager Boucher felt this would be the appropriate time to begin discussing the Civil Citation
Program and asked City Council to review the draft ordinance dated June 21, 2007. The eight items listed
under Sec. 2-283 may be enforced by the issuance of a civil citation by the code enforcement officer.
Attorney Latorre explained that civil citations can be issued to the offending party immediately. She said
the proposed ordinance is an alternate way to remedy a code enforcement issue. Deputies must witness
the violation before issuing a civil citation. Attorney Latorre reviewed the eight items listed under Sec. 2-
283 and discussion followed. Mayor Randels opined that the City currently has a manageable false alarm
process in place. Code Enforcement Officer Alexander stated that there were a few businesses that have
been fined by the Code Enforcement Board because they did not pay their false alarm fine.
Code Enforcement Officer Alexander opined that the current Notices of Violation are a good tool;
however, it is a long process from start to finish.
Discussion followed regarding Notices of Violation being issued to resort dwellings that are operating
prior to obtaining their Certificate of Non -Conformance. City Manager Boucher stated that a case needs
to be built with sufficient evidence and said the fire chief has not recommended that any resort dwelling
be shut down.
City Council requested that the Sheriff s Department prepare a report on all service calls for the previous
year throughout the City.
City Manager Boucher asked council to look at the Civil Citation Program and decide how much they
want to empower to the code enforcement officer. The next workshop meeting will be September 13,
2007.
Mayor Randels thanked Lt. Ludwig for his feedback.
ADJOURNMENT:
There being no further business, Mayor Randels adjourned the meeting at 7:40 pm.
Kim M. McIntire, Recording Secretary
Meeting Type: Workshop
Meeting Date: 09-13-07
AGENDA
Heading
Discussion
item
1
No.
I would recommend that City Council move forward to the first reading of this ordinance with any suggested
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: CIVIL CITATION CODE
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council review and comment on the proposed Civil Citation Ordinance as recommended by the Code
Enforcement Board.
Summary Explanation & Background:
This proposed ordinance would expand the current civil citation program from the prohibited use of fireworks
and unlicensed contractors to (7) other areas of concern that were raised by the Code Enforcement Board.
I would recommend that City Council move forward to the first reading of this ordinance with any suggested
modifications from this workshop.
Attached is the existing civil citation procedure that outlines how civil citations are issued and processed.
Exhibits Attached:
Code Enforcement Board's memo dated 07-31-07; draft ordinance dated 06-21-07; Citation Code; Unlicensed
Contractor Code; Alarm System Code; Cocoa Beach Fireworks Code Information
City Man 's Office
Department LEGISLATIVE
.. --sa�+s- .. ►� .
\meetingy-[uui\uy-i3-07\cicazion.aoc
City of Cape Canaveral
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Joy Lombardi, Code Enforcement Board Secretary
Re: Recommendation to the City Council Regarding the Civil Citation Code
--------------------------------------------------------------------------------------------------
On July 30, 2007, the Code Enforcement Board reviewed the Civil Citation Code and
recommended that City Council approve the proposed code.
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: ccapecanaveralCcfl.rr.com
Draft June 21, 2007
ORDINANCE NO. -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; 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 municipalities may designate the
enforcement methods and penalties to be imposed for the violation of its codes and ordinances, 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 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 of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and strikeou 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):
City of Cape Canaveral
Ordinance No. _-2007
Page 1 of 3
Draft June 21, 2007
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.
Chapter 30, Article IL, Alarm Systems ... Class Il.
Chapter 34, Environment ... Class I.
(4,) Chapter 14, Animals ... Class I.
(5,) Section 110-467, Garage Sales ... Class I.
Section 110-582, [Swimming Pool] Enclosure ... Class II.
(7) Section 110-486, Rental Restrictions on Dwelling Units ... Class IV.
(8,) 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. 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.
City of Cape Canaveral
Ordinance No. _-2007
Page 2 of 3
Draft June 21, 2007
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2007.
ATTEST:
ROCKY RANDELS, Mayor
For Against
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
SUSAN STILLS, City Cleric 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 3 of 3
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)
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DIVISION 3. CODE ENFORCEMENT CITATIONS Page 2 of 6
C �'-vL�
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
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DIVISION 3. CODE ENFORCEMENT CITATIONS
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1
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 warning
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
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DIVISION 3. CODE ENFORCEMENT CITATIONS
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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.
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(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
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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
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.
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i
ARTICLE XV. CITATIONS; UNLICENSED CONTRACTORS; FAILURE TO OBTAIN
BUILDING PERMIT
Sec. 82-375. Intent and purpose.
It is the intent and purpose of this article to authorize the issuance of citations for violations of
F.S. §§ 489.127 and 489.132(1), as may be amended or renumbered from time to time by the Florida
Legislature. It is also the intent and purpose of this article to establish a procedure to implement the
issuance of such citations by code enforcement officers, who under this article shall be the building
official and those persons designated a code enforcement officer by the city manager. Nothing
contained inthis article shall prohibit the city from enforcing its codes or ordinances by any other lawful
means.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-376. Findings.
The city council of the City of Cape Canaveral hereby finds:
(a) The commencement or performance of work for which a building permit is required
without such building permit being in effect creates a grave threat to the public health,
safety, and welfare and jeopardizes the safety of occupants of buildings.
(b) The performance of construction by contractors who are not duly licensed, when a
contracting license is required, may pose a danger of significant harm to the public when
incompetent or dishonest unlicensed contractors provide unsafe, unstable, or short-lived
products or services.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-377. Citation authorized for construction contracting violations.
A code enforcement officer is hereby authorized to issue a citation for any violation of F.S. §§
489.127 and 489.132(1), whenever, based upon personal investigation, the code enforcement officer
has reasonable and probable grounds to believe that such violation has occurred. A citation shall be
issued in accordance with the rules and procedures established by this article and Florida Statutes.
This article does not authorize or permit a code enforcement officer to perform any function or duty of a
law enforcement officer.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-378. Citation form.
A 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:
(a) The time and date of issuance.
(b) The name and address of the person to whom the citation is issued.
(c) The time and date of the violation.
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4X'`,
(d) A brief description of the violation and the facts constituting reasonable cause.
(e) The name of the code enforcement officer.
(f) The procedure for the person to follow in order to pay the civil penalty or to contest
the citation.
(g) The applicable civil penalty if the person elects not to contest the citation.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-379. Penalty.
In addition to any other criminal penalties provided by F.S. § 489.127(2), a civil penalty of
$500.00 shall be levied for any violation of this article. All monies collected by the city from citations
issued under this Article shall be deposited in the city's general fund and may be expended for any
public purpose authorized by the city council. A person cited for a violation pursuant to this article is
deemed to be charged with a noncriminal infraction. Each violation is a separate civil infraction. Each
day such violation shall continue shall be deemed to constitute a separate civil infraction.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-380. Refusal 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 sheriffs department to report such violation of this
article and F.S. § 489.127(5)(m).
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-381. Stop work.
Any person who is issued a citation under this article shall immediately cease the act for which
the citation was issued upon receipt of the citation.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-382. Correction of violation; payment of penalty; notice of hearing.
Upon receipt of a citation, the person charged with the violation shall elect either to:
(a) Correct the violation and pay to the city the civil penalty in the manner indicated on
the citation or,
(b) Within ten days of receipt of the citation, exclusive of weekends and legal holidays,
request an administrative hearing before the city's code enforcement board to appeal the
issuance of the citation in accordance with the procedures set forth in this article. Any
request for an administrative hearing shall be made and delivered in writing to the city
manager by the time set forth in this subsection. Failure to request an administrative
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ARTICLE XV. CITATIONS; UNLICENSED CONTRACTORS; FAILURE TO OBTAI... Page 3 of 4
hearing in writing within the ten-day time period shall constitute a waiver of the violator's
right to an administrative hearing. A waiver of said right shall be deemed an admission of
the violation, and penalties shall be imposed as set forth on the citation.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-383. Administrative hearings; accrual of penalties.
(a) All administrative hearings held pursuant to this article shall be conducted by the code
enforcement board in accordance with the requirements of the Local Government Code
Enforcement Boards Act.
(b) During the administrative hearing, if the violator demonstrates to the codeenforcement
board that the violation is invalid or that the violation has been corrected prior to appearing
before the code enforcement board, the code enforcement board may dismiss the citation
unless the violation is irreparable or irreversible, in which case the code enforcement board may
order the violator to pay a civil penalty as set forth in subsection (c) below.
(c) During the administrative hearing, if the code enforcement board finds that a violation
exists, the code enforcement board may order the violator to pay a civil penalty of not less than
the amount set forth on the citation but not more than $1,000.00 per day for each violation. In
determining the amount of the penalty, the code enforcement board shall consider the following
facts:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation.
(3) Any previous violations which were committed by the violator.
(d) During the administrative hearing, if the code enforcement board finds that the violator had
not contested or paid the civil penalty set forth in the citation within the time required in this
article, the code enforcement board shall enter an order ordering the violator to pay the civil
penalty set forth on the citation, and a hearing shall not be necessary for the issuance of such
order.
(e) All civil penalties imposed by the code enforcement board under this article shall continue
to accrue until the violator comes into compliance or until a judgment is rendered by a court to
collect or foreclose on a lien filed under this article, whichever occurs first, regardless of whether
or not the order of the code enforcement board sets forth this accrual requirement.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-384. Appeals of code enforcement board decisions.
Any person aggrieved by a final administrative order of the code enforcement board pursuant to
this article, including the city council, may appeal the order to the circuit court in accordance with F.S. §
489.127(5)(j), as may be amended or renumbered from time to time by the Florida Legislature.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-385. Recording code enforcement board orders.
A certified copy of an order of the code enforcement board imposing a civil penalty under this
article may be recorded in the public records and thereafter shall constitute a lien against any real or
personal property owned by the violator. Such orders shall be enforced in accordance with Florida law.
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(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-386. Notices.
All notices required by this article shall be provided to the violator by certified mail, return receipt
requested; by hand delivery by a law enforcement officer or code enforcement officer; by leaving the
notice at the violator's usual place of residence with some person of his or her family above 15 years of
age and informing such person of the contents of the notice; or by including a hearing date within the
citation.
(Ord. No. 09-2004, § 1, 5-18-04)
Secs. 82-387--82-399. Reserved.
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ARTICLE II. ALARM SYSTEMS*
ARTICLE II. ALARM SYSTEMS*
Page 1 of 7
*Editor's note: Ord. No. 13-2003, §§ 2, 3, adopted May 20, 2003, amended art. III in its entirety and
enacted similar provisions as set out herein. The former art. III derived from Code 1981, §§ 654.01,
654.03, 654.05, 654.07, 654.09, 654.11, 654.13, 654.15, 654.17, 654.19. 654.21; and Ord. No. 15-95, §
1, adopted Aug. 15, 1995.
Cross references: Code enforcement, ch. 2, art
protection, ch. 38; fire department, § 38-56 et seq.;
et seq.; buildings and building regulations, ch. 82.
Sec. 30-26. Definitions.
VI; businesses, ch. 16; fire prevention and
law enforcement, ch. 42; police department, § 42-26
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:
Alarm business means a business for which any individual, partnership, corporation or other
entity engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or
installing or monitoring any alarm system or causing to be sold, leased, maintained, serviced, repaired,
altered, replaced, moved, installed or monitored, any alarm system in or on any building, structure or
facility either privately or publicly owned.
Alarm malfunction means the activation of security alarms, fire alarms or life alert alarm
systems which results in the response by fire rescue, law enforcement or emergency medical services
caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance, or any
other response for which the responding personnel are unable to gain access to the premises for any
reason, or are unable to determine the apparent cause of the alarm activation.
Alarm permit means a permit issued by the city allowing the operation of an alarm system
within the city.
Alarm systems means fire alarm, security alarm or life alert alarm systems.
Alarm system technician means any person who inspects, installs, repairs or performs
maintenance on alarm systems pursuant to F.S. § 489.501 et seq.
Automatic telephone dialing device or digital alarm communicator system means an alarm
system which automatically sends a prerecorded voice message or coded signal over a regular
telephone line by direct connection or otherwise, indicating the existence of the emergency situation
that the alarm system is designed to detect.
Emergency services means, singularly and collectively, law enforcement, fire rescue, and/or
emergency medical services.
False alarm means the activation of any security, fire or life alert alarm system which results in
the response of law enforcement, fire rescue, or emergency medical services, caused by the negligent
or intentional misuse of the alarm system by the owner or his or her employees, servants or agents. An
activated alarm is not considered a false alarm if the alarm is activated due to malicious cause beyond
the control of the owner, or to acts of God beyond the control of the owner such as lightning strikes or
severe weather conditions.
Fire alarm system means any mechanical, electrical or radio -controlled device designed to emit
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ARTICLE 11. ALARM SYSTEMS* Page 2 of 7
a sound or transmit a signal or message when activated or any such device that emits a sound
and transmits a signal or message when activated because of smoke, heat or fire. Without limiting the
generality of the foregoing, alarm systems shall be deemed to include audible alarms at the site of the
installation of the detection device, proprietor alarms and automatic telephone direct dial devices or
digital alarm communicator systems. A single station smoke detector shall not be deemed to be an
alarm system under this article.
Fire rescue means the City of Cape Canaveral Volunteer Fire Department, Inc.
Key holder/emergency contact means the person(s) designated in writing by the owner of the
alarm system as a holder of keys to the alarm system who is thereby authorized to respond to an
activated alarm of the owner.
Law enforcement means the Brevard County Sheriffs Department.
Life alert alarm system means any mechanical, electrical or radio -controlled device which is
designed to automatically send a prerecorded voice message of coded signal through an automatic
telephone direct dialing device or digital alarm communicator system, indicating the existence of an
emergency medical situation to which public safety is expected to respond.
Owner means any person who owns the premises in which an alarm system is installed or the
person(s) who leases, operates, occupies or manages the premises.
Premises means any building, structure or combination of buildings and structures, whether
residential or nonresidential, wherein an alarm system is installed.
Security alarm system means any mechanical, electrical or radio -controlled device which is
designed to be used for the detection of any unauthorized entry into a building, structure or facility, or
for alerting others of the commission of an unlawful act within a building structure or facility or both,
which emits a sound or transmits a signal or message when activated.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-27. Alarm permit required; fee; renewal.
(a) It shall be unlawful for any person to operate an alarm system without a valid alarm permit.
(b) All alarm permits issued prior to the effective date of this article shall expire on September
30, 2003, when all permits are subject to renewal and must be renewed in accordance with the
provisions of this article. However, all alarm users must report any changes in emergency
contact information.
(c) With the exception of alarm permits for systems within single-family residences, alarm
permits will expire on the thirtieth day of September of each year and must be renewed not later
than the first day of October of each year. Initial and renewal permits will be issued after
completion of an application form provided by the city and payment is made in accordance with
appendix B of the City Code. Alarm permits for single-family residences shall not expire
annually, but owners are required to keep emergencycontact information current as provided in
this article.
(d) If a business has one or more alarm systems protecting two or more separate structures
having different addresses, a separate permit will be required for each structure.
(e) Subsections (c) and (d) of this section shall not apply in those situations where alarm
permits have been revoked under the provisions of this article.
(f) All alarm businesses installing new alarm equipment or transferring alarm service from one
alarm user to another user within the city limits will notify the city within ten working days of the
installation.
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ARTICLE II. ALARM SYSTEMS* Page 3 of 7
(g) Permits cannot be transferred from one assigned user to a new alarm user. The new alarm
user is required to obtain an alarm permit before the Alarm System is activated.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-28. Application for alarm permit; emergency notification; and reporting changes
in notification information.
(a) Applications for alarm permits shall be made on forms provided by the city. Each
application shall be accompanied by a fee in accordance with appendix B of the City Code. The
application shall be signed by the owner and shall provide the following information:
(1) The name, address, and telephone number of the owner.
(2) Address and telephone number of the premises to be served by the alarm system.
(3) The name, address, and telephone number of the person in charge of the premises
served by the alarm system.
(4) The name, address, and telephone number of the person or company installing the
alarm system.
(5) The name, address, and telephone number of the person or company monitoring
the alarm system.
(6) The name, address, and telephone number of the person or company providing
maintenance and repair service to the alarm system.
(b) Each application shall list the name, address and telephone number for at least three key
holder/emergency contact persons designated by the owner to permit the prompt notification of
alarm calls and assist the city in the inspection of the property. Changes in the emergency
telephone numbers shall be kept current and failure to provide updated information may
constitute grounds for revocation of the permit.
(c) Each holder of an alarm permit shall notify the city in writing of any and all changes in the
information on file with the city regarding an alarm permit within 30 days of such change. Failure
to do so shall constitute grounds for revocation of the permit.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-29. Alarm permit issuance; posting
An alarm permit shall be issued to the owner by the city within ten business days after receipt of
the completed application and permit fee by the city. Such permit shall be prominently displayed at the
usual and customary entrance to the building or structure. An alarm permit shall be denied if:
(1) The application is not complete or the permit fee was not tendered.
(2) The application contains false, misleading, or incorrect information.
(3) Any person or company identified on the application, as the system installer, system
monitor, or as the provider of maintenance for the system, that does not possess the
required occupational or regulatory license to conduct such activities for the owner.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-30. Response to alarm activation --Owner response, false alarm and corrective
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ARTICLE II. ALARM SYSTEMS*
action.
Page 4 of 7
(a) Owners or lessees of any alarm system which has activated shall respond to the premises
upon being requested, in order to reset or disable the alarm system within 30 minutes of
notification. Failure to provide such response shall result in a charge of $150.00 for each such
occurrence.
(b) Whenever an alarm is activated in the city, requiring an emergency response to the
premises by law enforcement, fire rescue or emergency medical services, and such emergency
response personnel are dispatched to the premises and it is determined by the responding
agencies that the alarm was a false alarm, the owner shall be served an "alarm cause and
corrective action" form. This form shall indicate that the activation was deemed to be a false
alarm and shall require the owner to have the alarm system examined by an alarm system
technician and that a bona fide attempt has been made to identify and correct any defect of
design, installation or operation of the alarm system which was identifiable as the cause of the
false alarm. The identity of the alarm business engaged to examine the alarm system shall be
provided on the form and the action taken in response to the false alarm.
(c) Service of the alarm cause and corrective action form shall be served by hand delivery
where practical and where not practical by certified mail return receipt requested to the address
provided by owner on the application for alarm permit.
(d) Failure to return the alarm cause and corrective action form, to the satisfaction of the city,
within 20 days of receipt of such form will result in an assessment against the owner of the
premises of a fine of $500.00.
(e) The city shall have the right to inspect any alarm system on the premises to which a
response has been made and may cause an inspection of such system to be made at any
reasonable time thereafter to determine whether it is being used in conformity with the terms of
this article.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-31. Fees charged; alarm malfunction and false alarms.
(a) False alarm fee. No fee shall be assessed for the first three false alarms at the same
premises responded to by emergency services during each calendar year. Thereafter, the
owner shall pay a fee, as provided in appendix B of the City Code, for each false alarm
responded to at the same premises during said calendar year.
(b) Alarm malfunction administrative fee. As to all alarm malfunctions responded to by
emergency services, the owner shall be assessed a fine of $500.00, unless within 20 days of
receipt the Owner returns to the city the alarm cause and corrective action form deemed
satisfactory by the city. For those alarm malfunctions that the owner returned a satisfactory
alarm cause and corrective action form, alarm malfunctions during each calendar year shall be
exempt from any fees in excess of the alarm malfunction administrative fee set forth in appendix
Bof the City Code.
(c) Should any fee assessed pursuant to this article remain unpaid in excess of 90 days from
the date the charge is billed, a collection fee in the amount of 35 percent on the outstanding
balance shall be assessed and shall be available by the owner of the premises in addition to the
original fee. The owner shall also be responsible for any legal fees or costs incurred by the city
in enforcement of this article.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
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Sec. 30-32. Disconnection of alarm systems.
Page 5 of 7
611;z
(a) Except for premises protected by an alarm system as required by law, the city is authorized
to order the disconnection or deactivation of any alarm system by written notice to the owner of
the premises wherein an alarm system is installed for any of the following reasons:
(1) Failure to make all requirements or pay the fees provided for in this article within 15
days of the charging of the fees; or
(2) Failure of the owner to provide a written alarm cause and corrective action form as
require by this article; or
(3) A false alarm or alarm malfunction at a premises for which a fee is charged
pursuant to this article as a result of the failure of the owner to take corrective action to
eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this article to appear within one hour
after being noticed to respond, if such failure to timely appear occurs four or more times
within a calendar year.
(b) The written notice to disconnect shall be provided via certified mail, return receipt
requested, to the owner and shall specify the date on which the owner shall be required to
disconnect or deactivate the alarm system, which date shall be at least 15 days following the
date of the notice. The owner may appeal the order to disconnect in accordance with this article.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-33. Appeals.
(a) The city manager or designee will serve as hearing officer for appeals from owners that
have been provided notice to disconnect or deactivate an alarm system or have been assessed
fees for alarm malfunctions or false alarms. If the city manager elects a designee to serve as
hearing officer, that designee shall not be emergency services personnel.
(b) An appeal must be in writing, submitted to the city manager's office along with a filing fee
as provided in appendix B of the City Code, stating the reasons why the order to disconnect or
deactivate should be withdrawn, and shall be made within 15 days of the date of the notice to
disconnect or receipt of any "alarm cause and corrective action" form. The owner shall have the
burden of proof by the preponderance of the evidence standard.
(c) The hearing officer shall send notice of hearing to the owner within 15 days of receiving a
written request for appeal. Within ten days following the hearing, the hearing officer shall make
written findings in support of the officer's decision to overturn and or uphold the action appealed.
(d) Where the hearing officer upholds the decision to disconnect or deactivate an alarm system
or affirms the assessment of fees, the owner shall have five days following receipt of the written
decision within which to comply with the order.
(e) The appeal of an order to disconnect or deactivate an alarm system or for the assessment
of a fee shall suspend the effective date of the order until the city manager has acted upon the
appeal.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-34. Failure to disconnect or unauthorized re -connection of the alarm system.
It shall be a violation of this article for any person to fail to disconnect or deactivate an alarm
system which has been ordered disconnected or deactivated, including those situations in which the
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hearing officer has affirmed the order to disconnect or deactivate. It shall be a violation of this
article for any person to reconnect an alarm system which has been disconnected or deactivated
pursuant to the order of the city, unless the reconnection of the alarm system is authorized pursuant to
the City Code.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-35. Penalty and enforcement.
Any person who violates any provision of this article shall be guilty of an offense against the city
and shall be punished as provided in section 1-15 of the City Code. The provisions of this article may
be enforced either by prosecution as a misdemeanor through the state attorney's office for Brevard
County, Florida, or through the powers and jurisdiction of the City Code enforcement board, or by any
other legal or equitable form of action.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-36. Reconnection of alarm systems.
The fire department and the law enforcement services shall have the right to inspect the alarm
system and test same prior to rescinding the order to disconnect or deactivate. Before any reconnection
of an alarm system and after the order to disconnect such system, a reconnection fee of $25.00 shall
be assessed.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-37. Automatic telephone direct dialing device or digital alarm communicator
system.
(a) It shall be unlawful for any person to install, maintain, operate or use any automatic
telephone direct dialing device or digital alarm communicator system within the city unless the
system is currently approved by the Federal Communications Commission (FCC), and has been
approved by emergency services, unless otherwise required by law.
(b) Any person who violates the provisions of this section shall be penalized as the provided
for in section 1-15 of the City Code.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-38. Audible sound systems.
All new or existing audible sound systems shall sound no longer than five minutes for residential
and ten minutes for businesses, unless otherwise required by the Underwriter's Laboratories or law.
(Ord. No. 13-2003, §§ 2, 3, 5-20-03)
Sec. 30-39. Alarm systems operations.
The city, its officers, employees and agents, shall not assume any duty or responsibility for the
installation, maintenance, operation, repair or effectiveness of any privately owned alarm system, those
duties or responsibilities being solely those of the owner of the premises. No person shall reset or
render an activated fire alarm system inoperative unless by direction of the fire department.
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co T
I
04 �- CITY COMMISSION BRIEFING
: ��
For Meeting Scheduled for September 6, 2007
ROrdinance 1454
TO: Mayor Leon "Skip" Beeler and Members of the City Commission
FROM: Development Services
Anthony Caravella, AICD, Director of Development Services QAC_
THRU: Chuck Billias, City Manager
RE: Proposed Ordinance 1454, amending fines for the unlawful discharge of fireworks
SECOND READING, PUBLIC HEARING & FINAL ACTION
DATE: August 6, 2007
Background/General Information and Introduction:
This ordinance has been developed as a result of discussion and action at the Commission's July
19, 2007 meeting. By unanimous vote the City Commission approved:
Increase the Illegal Possession of Fireworks from a Class I to a Class III,
Violation; If Approved, this change would come into Effect With the Adoption of
an Ordinance
The proposed ordinance would:
Increase the fine from $25.00 first offense/$50.00 second offense, to $100.00 first
offense/$200.00 second offense, for violation of City Code Section 15-37, discharging
fireworks:
(a) within the incorporated city limits of Cocoa Beach anywhere easterly of a
line 500 feet to the west of, and running parallel with, the center of dune
vegetation line, or
(b) in the waters of the Atlantic Ocean within 500 feet of the mean high water
Iine, or
(c) in any public park.
Commission Review — August 2 2007
The Commission reviewed the proposed Code amendment, with changes identified above, at
their August 2"d meeting, at which time the Commission set public hearing for September 6,
2007. The Commission made no changes to the draft ordinance which was presented for their
review at the August 2"d meeting.
JAIA, isSS.ii t7t it It! �I;i )� v'�;1ci �,- „liJ � c-
.. ) 1.
Fireworks citations
Bennett Boucher
From: Britta Moore [bmoore@cityofcocoabeach.com]
Sent: Tuesday, September 04, 2007 1:30 PM
To: Bennett Boucher
Cc: Chuck Billias
Subject: RE: Fireworks citations
Good afternoon Bennett,
Chuck requested that the following information be sent to you.
Page 1 of 2
We do not have a policy of first warning folks. If they are caught, they are ticketed. However, as the figures
below reflect, it is often difficult to determine from a group situation, which one individual is the owner. In this
case, we confiscate the fireworks.
July Fireworks Summary:
First offense citation = 2
Confiscation = 6
Please let me know if you need any additional information.
Have a great afternoon,
Britta
-----Original Message -----
From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com]
Sent: Tuesday, September 04, 2007 9:08 AM
To: Chuck Billias
Cc: Britta Moore
Subject: Fireworks citations
Good Morning Chuck,
I see you have on your agenda to increase the civil citation for fireworks.
Do you all issue a warning before you issue a fireworks citation?
Also, how many fireworks citations did your city issue this past 4th of July?
We are also looking to amend our fireworks code, we issue a warning then a $200 fine.
Take care,
Bennett Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue
9/4/2007
Meeting Type: Workshop
Meeting Date: 09-13-07
AGENDA
Heading
Discussion
item
2
No.
As requested, the attached information indicates calls that were generated internally or externally within each
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: CHRONIC NUISANCE CODE
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council review and comment on the proposed Chronic Nuisance Ordinance as recommended by the
Code Enforcement Board.
Summary Explanation & Background:
At the last workshop meeting, City Council and the P&Z Board Members reviewed and commented on the
calls for service information prepared by the Sheriffs Department.
As requested, the attached information indicates calls that were generated internally or externally within each
noted commercial complex. Also attached are service calls from (3) residential complexes.
The intent of this proposed ordinance is to impose the financial burden resulting from the repeat law
enforcement or code enforcement responses on the property owners necessitating these repeat calls for
service.
Continue discussion and determine the proper policy going forward.
Exhibits Attached:
Code Enforcement Board's memo; 07-31-07 draft ordinance; Calls for Service Outline
City:Man •' Office
Department LEGISLATIVE
U13 - im\mydo s\admin\council\meeting\2007\09-13-07\nuisance.doc
LJatu. JLL11G GV, L.VV/
City of Cape Canaveral
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Joy Lombardi, Code Enforcement Board Secretary 10
Re: Recommendation to the City Council Regarding the Chronic Nuisance
& Civil Citation Codes
On June 25, 2007 The Code Enforcement Board reviewed the Chronic Nuisance Code
and the Civil Citation Code.
By unanimous vote, the Board recommended approval of the proposed Chronic Nuisance
Ordinance. However, the Board postponed recommendation of the Civil Citation Code
until the July meeting for further review.
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/rape • email: ccapecanaveral@cfl.rr.com
Draft July 31, 2007
ORDINANCE NO. -2007
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, OF THE
CAPE CANAVERAL CODE OF ORDINANCES REGARDING
CODE ENFORCEMENT; CREATING A NEW DIVISION
REGARDING CHRONIC NUISANCE PROPERTIES;
ESTABLISHING A REASONABLE NUMBER OF NUISANCE
ACTIVITY CALLS PER PROPERTY IN ANY ONE (1) YEAR
PERIOD AND SETTING FORTH USER CHARGES FOR
NUISANCE ACTIVITIES CALLS IN EXCESS OF THE
REASONABLE NUMBER; AUTHORIZING A LIEN TO BE
FILED FOR FAILURE OF REAL PROPERTY OWNERS TO
PAY USER CHARGES; PROVIDING FOR APPEALS;
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, the City Council of the City of Cape Canaveral desires to ensure that the
citizens of Cape Canaveral enjoy a high quality of life and may peacefully enjoy the beauty of the
City; and
WHEREAS, by taking every reasonable action available under law to remediate and prevent
nuisances, the City Council can protect the citizens of Cape Canaveral and facilitate the peaceful and
harmonious lifestyle provided by the City; and
WHEREAS, certain properties located within the City of Cape Canaveral, due to their
appearance or condition or due to activities taking place at said properties, generate more than the
average number of law enforcement or code enforcement calls in response to said appearance,
condition or activities at said properties; and
WHEREAS, excessive law enforcement or code enforcement calls to the same properties
place an undue and inappropriate burden on the taxpayers of the City of Cape Canaveral and create
chronic nuisances; and
WHEREAS, section 166.201, Florida Statutes, provides that a municipality may raise, by
user charges or fees authorized by ordinance, amounts of money which are necessary for the conduct
City of Cape Canaveral
Ordinance No. _-2007
Page 1 of 8
Draft July 31, 2007
of municipal government and may enforce their receipt and collection in the manner prescribed by
ordinance not inconsistent with law; and
WHEREAS, in order to recover the costs incurred by the City in responding to the repeat
law enforcement or code enforcement issues on the same properties, the City Council desires to
charge the owners of the properties at which these chronic nuisance activities repeatedly occur under
the terms set forth in this ordinance; and
WHEREAS, the City Council finds that the user charges set forth herein are reasonable and
appropriate and reasonably relate to the costs incurred by the City in responding to and remedying
the law enforcement or code enforcement issues created by these chronic nuisance properties; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and sti ikentit 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
City of Cape Canaveral
Ordinance No. _-2007
Page 2 of 8
Draft July 31, 2007
DIVISION 4. CHRONIC NUISANCE PROPERTY
Sec. 2-292. Purpose and intent.
The purpose of this division is to ensure that the citizens of Cape Canaveral enjoy a high
quality of life and the beauty of the City by discouraging repeat law enforcement and/or code
enforcement responses to the same properties in the City of Cape Canaveral. Properties causing an
inordinate number of law enforcement and/or code enforcement responses to certain activities or
conditions existingat t said properties unduly and inappropriately burden the taxpayers of the CiLy o
Cape Canaveral. As such, it is the intent of the City Council to impose the financial burden resulting
from the repeat law enforcement or code enforcement responses on the property owners necessitating
said responses.
Sec. 2-293. Definitions.
As used in this division, the following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended:
City means the Cit,, of Canaveral, Florida.
City manager means the city manager of the Cit, o� f Cape Canaveral or the city manager's
designee.
Consumption of law enforcement services means the presence of one or more certified law
enforcement officer(s) or code enforcement officer(s) employed or retained by the city on a unit of
real property. The presence may be caused by the request of any person upon the real property or
information developed by the law enforcement agency or the city code enforcement office from any
source warranting a response to the real property. Excluded from this definition are courtesy
inspections, criminal investigations of matters not arising from or connected with the real property
and paid off-duty details of law enforcement officers.
Incident of service means each time one or more law enforcement officer or city code
enforcement officer commences and completes a response to an identifiable unit of real property as
recorded in a written report of the law enforcement officer or code enforcement officer settingforth
orth
the time the officers were present upon the real property. Incidents of service shall not include law
enforcement or code enforcement responses to false reports of nuisance activity made with the intent
of harassinu the real property owner(s). Further, incidents of service shall not include responses to
criminal activity that commence elsewhere and subsequently come upon a unit of real property
despite reasonable efforts of persons responsible for the unit of real property to exclude it.
City of Cape Canaveral
Ordinance No. _-2007
Page 3 of 8
Draft July 31, 2007
Unit of real property means an contiguous lands within the city which are under common
ownership or are devoted to a single use, whichever is greater. Common ownership shall include
all entities from which the same natural or fictitious person or people have ultimate benefit.
Contiguous land shall include those separated by easements, sidewalks, alleys, right-of-ways and
water bodies.
One L) year period means any consecutive 365 -day period.
Nuisance activity means any activity, behavior or conduct whenever engaged
property owners, operators, occupants or persons associated with a real property that could be
enforced by means of a proceeding before the city's code enforcement board, through nuisance
abatement or relatingto actions or offenses relating to the following subject matter:
(1 ,) Firearms and weapons;
(2) False alarms;
(32 Harassment of a neighbor, disorderly conduct, or disturbing the peace,
(4) Battery, substantial battery or aggravated battery;
La Indecent exposure;
(6,) Keeping a place of prostitution, or otherwise using the real property for the purpose
of prostitution,
(72 Littering, solid waste or public health;
(8) Arson;
(9) Possession, manufacture or delivery of a controlled or illegal substance or related
offenses;
LL Gambling;
(1 1) Domestic animals or fowl;
L?2 Trespass to land or criminal trespass to a dwelling,
(13) Production or creation of excessive noise or vibration;
( 14) Loitering;
City of Cape Canaveral
Ordinance No. _-2007
Page 4 of 8
Draft July 31, 2007
(15) Public drinking and other matters relating to alcoholic beverages;
CL6)_ Parking;
17 Unpermitted or illegal business;
(18) Selling ori�g away tobacco products to underage persons;
(19) Illegal sale, discharge and use of fireworks;
LIOJ_ Junk vehicles;
L212 Any action deemed a nuisance under state law;
(22) Any action constituting a violation of the city code which could be enforced by the
provisions of Chapter 2, Article VI, related to Code Enforcement;
(23) Act of aiding and abetting of the activities, behaviors or conduct enumerated in this
division, or
L241 Conspiracy to commit or attempt to commit any of the activities, behaviors or
conduct enumerated in this division.
Person associated with means any person who, whenever engaged in a nuisance activity,
enters, patronizes, visits or attempts to enter, patronize or visit, or waits to enter, patronize or visit,
a real property or person present on a real property including, but not limited to, any officer, director,
customer, agent, employee or independent contractor of a real property owner.
Sec. 2-294. Consumption of law enforcement services; user charges imposed.
(aa) The city council has determined that the following consumption of law enforcement
services is reasonable and allowable within any given one (1) year period:
Tyne of Prover
Single-family resident or dul2lex ..........
Multi -family residences, including:
Apartments; hotels; motels..........
Businesses..........
Resort dwellings or resort condominiums............
City of Cape Canaveral
Ordinance No. -2007
Page 5 of 8
One (1) Year Period Allowance:
2 incidents of service
2 incidents of service
2 incidents of service
2 incidents of service
Draft July 31, 2007
(b2 The city council has determined that consumption of law enforcement services in
excess of the one (1) year period allowance of incidents of service as set forth herein shall
be subject to a reasonable user charge as follows:
(11) No user charge shall be assessed for the first two (2) incidents of service
pertaining to a nuisance activity in any one (1) year period.
The third incident of service pertaining to a nuisance activity in any one (1)
year period shall result in a $250.00 user charge being assessed to the owner of the
unit of real property on which the nuisance activity has occurred.
(33) The fourth incident of service pertaining to a nuisance activity in any one (1)
year period, and every incident of service thereafter within said one (1) vear period,
shall result in a $500.00 user char e b�e�na assessed to the owner of the unit of real
property on which the nuisance activity has occurred.
Sec. 2-295. Notification of the nuisance activity procedures.
(aa) Whenever the city manager determines that consumption of law enforcement services
for nuisance activities occurring at a unit of real property exceeds the one (1) year allowance
of incidents of service, the city manager shall notify the owner of the real property,
writing, that the real roperty has became a chronic nuisance. Delivery of said notice shall
be deemed sufficient if completed in the manner provided for in section 162.12, Florida
Statutes, as may be amended.
bb) The notice shall be on a form approved by the city manager and shall contain the
following:
The street address, legal description or parcel identification number assigned
by the county property appraiser;
(22) A description of the nuisance activities that have occurred at the unit of real
property, including the dates of the incidents of service;
A statement indicating that a user charge is being assessed against the owner
of the unit of real property and the amount of the user charge;
(44,) A notice that the real property owner has the right to appeal the city
manager's determination that the unit of real property constitutes a chronic nuisance,
and that such appeal shall be submitted, in writing, within ten (10 ) calendar days of
receipt of said notice;
City of Cape Canaveral
Ordinance No. _-2007
Page 6 of 8
Draft July 31, 2007
See. 2-296. Appeals.
Laj The chronic nuisance determination of the city manager assessing a user charge to a
real property owner pursuant to this division may be appealed to the city council. Any real
property owner desiring to appeal the city anager's determination shall file with the city
manager a notice of appeal, in writing, no later than ten (10) calendar days after the is
delivered, received, or posted.
Ltj If a notice of appeal is filed within the ten-day limit and as otherwise provided above,
the city council shall consider the request and make a determination on the appeal within 30
days from the date of the notice of appeal, or as soon thereafter as is practicable. The real
property owner requestingthe he appeal shall be provided notice of the city council hearing at
least seven (7) days prior to the hearing
Lc,2 The city council shall hear and consider evidence offered by the real property owner
to determine whether the city manager properly determined that the unit of real property
constitutes a chronic nuisance under the provisions of this division. The formal rules of
evidence do not apply.
(dd) The city council shall grant or deny the appeal by majority vote in accordance with
the council's quorum requirements contained in the city charter. Failure to reach a majority
vote will result in denial of the appeal. Any dispute of fact must be decided based on
competent and substantial evidence. The decision of the city council is final.
Sec. 2-297. Filing of liens.
The user charges assessed pursuant to this division shall constitute a lien upon the unit of real
property. Upon expiration of the appeal period (either after the time period expires without a notice
of appeal being made or after the appeal is finally determined by the city council), the user charge
is due and owing Upon failure of the real property owner to pay the amount charged, the city may
file a notice of lien in the public records of the county.
Sec. 2-298. Reports; administrative rules.
(a) The city manager shall provide an annual report to the city council apprisingthe he city
council of the success of the programs set forth in this division and any matters relating
thereto.
The city manager is hereby authorized to promulgate administrative procedures to
implement the provisions of this division to include, but not be limited to, the assessment of
fees for applications and appeals as set forth in this division. Procedures adopted by the city
manager shall be provided to the city council upon adoption.
City of Cape Canaveral
Ordinance No. _-2007
Page 7 of 8
Draft July 31, 2007
Sec. 2-299. Reserved.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2007.
ATTEST:
ROCKY RANDELS, Mayor
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 8 of 8
CITY COUNCIL WORKSHOP MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 10, 2007
5:30 PM
MINUTES
CALL TO ORDER:
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
City Clerk Susan Stills
Assistant City Attorney Kate Latorre
Building Official Todd Morley
DISCUSSION:
1. Chronic Nuisance Ordinance.
Prior to start of discussion, Mr. Boucher distributed a flow chart from the City Attorney's
office related to the discussion. Attorney Latorre explained how a Code Enforcement
action and a chronic nuisance violation might progress concurrently. She stated that a
user fee was attached to the chronic nuisance violation in order to recoup for the
services of law enforcement intervention.
Mayor Pro Tem Hoog read the heading of an Ordinance amending Chapter II, Article VI
of the City code regarding Code Enforcement creating a new division regarding Chronic
Nuisance properties.
Ms. Roberts recommended inserting language related to the City's quality of life as
one of the intents as one the Ordinance purposes. Discussion concluded to place
language related to quality of life in the WHEREAS provisions. Ms. Roberts
questioned the meaning of Purpose and Intent. Attorney Latorre explained that the
City of Cape Canaveral, Florida
City Council Workshop Meeting
Chronic Nuisance Ordinance
July 10, 2007
Page 2 of 6
WHEREAS clauses would not be codified in the City code; however, the Purpose and
Intent would be codified. Attorney Latorre recommended placing the language in both
portions. Mayor Pro Tem Hoog clarified that "quality of life" language would be
added to the first sentence of Section 2-292., Purpose and Intent.
Mayor Pro Tem Hoog reviewed Section 2-293., Definitions. Ms. Roberts suggested
adding an "s" to the terms, law enforcement and code enforcement officer under the
definition for Consumption of Law Enforcement Services. Mr. Nicholas questioned the
meaning of, "other then at the convenience of the law enforcement agency or the city
code enforcement office." Attorney Latorre explained that if the officer was in the
routine course of duty and noticed a code enforcement infraction, then no
inconvenience to service was imposed. Mr. Nicholas explained that some code
enforcement action was still required which resulted in use of service. Mr. Petsos
stated that the code enforcement action would probably occur during the weekday and
not during the days of a nuisance call such as on the weekend.
Ms. Joyce Hamilton stated that the City already had a False Alarm Ordinance and this
would impose a second fine as a nuisance. Todd Morley, Building Official, explained
that the Code Enforcement services were performed on a drive-by basis. He requested
that the Council allow for a one-time occurrence unless Code Enforcement was called
out on a violation. Mr. Boucher explained how several types of criminal violations, such
as a false alarm, a domestic violence incident, or a narcotics complaint, could occur
during one month at one unit.
Mr. Petsos stated that the City has a successful False Alarm code and it should stand
alone. Ms. Roberts pointed out how at some large complexes, as the City Manager
said, multiple violations were possible. Attorney Latorre stated that the City ordinance
allows for three false alarm occurrences in any one year, in which emergency services
were called out, before any fines were imposed.
Duree Alexander, Code Enforcement Officer, explained that a call from a resident
established the nuisance activity. Mr. Boucher pointed out that the definition for Incident
of Service established the different type of service calls for law enforcement or code
enforcement. Mr. Boucher clarified his proposed amendment to the definition for
Consumption of Law Enforcement Services, at the third line, end -of -sentence: add a
period after "alleged to be existing upon the property" and strike out the remainder of
the sentence.
Mayor Pro Tem Hoog asked for clarification on an "identifiable" unit. Attorney Latorre
explained the difficulty of taking action on a violator when a unit might not be identifiable
at the location of the call. Council members discussed the "third parties." Attorney
Latorre responded that this was a judgment call on an officer's part. Mr. Boucher
confirmed for Mr. Nicholas that every dispatched law enforcement call was documented.
Ms. Alexander explained that she submits her calls in a software program; she also logs
City of Cape Canaveral, Florida
City Council Workshop Meeting
Chronic Nuisance Ordinance
July 10, 2007
Page 3 of 6
in Incident Reports as well as calls from the City's E -Better Place citizen complaint
process from the web site.
Mayor Pro Tem Hoog questioned the resulting action for a property that had a
percentage of renters and owners. Attorney Latorre replied that the City would contact
the property owner related to the unit. Discussion followed on the types of ownership.
Mr. Morley suggested inserting the word "real" before the word property in Incident of
Service as was done in Unit of Real Property.
Ms. Roberts stated her concern with the 30 -day time in the Monthly Period definition.
Ms. Latorre explained that the unit of time related to any 30 -day period, from date to
date, not a calendar month.
Mayor Pro Tem Hoog proceeded to the definition for Nuisance Activity. Harry Pearson,
Planning and Zoning Board Member, related to previous discussion that used the City of
Sanford ordinance which included misdemeanors and felonies under its list of nuisance
activity. He stated that arson was not a nuisance activity. Mayor Pro Tem Hoog and
Mr. Petsos agreed. Attorney Latorre explained how recurring crime was a nuisance to
the neighbors. There was no intent to prosecute arson before the Code Enforcement
Board. Mr. Nicholas asked if prostitution at a property also constituted a nuisance.
Attorney Latorre replied that the City has a Code provision to prosecute violations of its
code as a public nuisance which could be applied in this instance. Discussion followed
on relief for a neighbor of nuisance activity.
Attorney Latorre stated that her flowchart was intended to depict the complete realm of
prosecution efforts. She explained how the Ordinance was a tool to impose a user fee
related to law and code enforcement services. Mr. Pearson stated that this Ordinance
generated from the short-term rental discussion wherein nuisance activity was said to
have occurred. He said that he did not realize that the City was seeking to address
felonies through this Ordinance. Ms. Roberts pointed out that this was previously
discussed as a solution to any one who disturbed the peace.
Ms. Roberts also suggested including growing marijuana. Attorney Latorre replied that
she believed "manufacturing" was relative to growing marijuana. Ms. Roberts
suggested another category related to feeding or harboring animals, such as feral cats
or peacocks, which could become a nuisance to neighbors. Mr. Boucher stated that the
the condominium associations handled the matter for their premises within their
regulations. Ms. Roberts went on record and stated that feeding wildlife was a public
safety and health issue for the City.
Mr. Morley pointed out that perhaps there were statutory definitions that exist for the
items on the enumerated list. Attorney Latorre explained that the list was just an
example of what could constitute a nuisance activity and the Ordinance was written
"broadly" to allow the City to address what it considers a nuisance activity. Ms. Roberts
City of Cape Canaveral, Florida
City Council Workshop Meeting
Chronic Nuisance Ordinance
July 10, 2007
Page 4 of 6
pointed out that the issues of violation could relate to the person as well as the property.
Attorney Latorre reminded that this Ordinance was written to address repeat nuisance
properties and subject to a civil citation. She stated that the Civil Citation Ordinance
would address someone feeding wildlife. Mr. Boucher clarified that this Ordinance,
Chronic Nuisance, related to service usage; the next Ordinance, Civil Citation, would
relate to a penalty for a violation. Mayor Pro Tem Hoog made note to include
"domestic animals" to Item Number (11) and the City Attorney could draft
nuisance language related to wildlife.
Mayor Pro Tem proceeded to Item Number (12) in the enumerated list under Nuisance
Activity. Ms. Robert asked if the property's amenities, such as a swimming pool were
included in Item 12. Attorney Latorre replied that a swimming pool was covered under
land. On the next item, Production or Creation of Excessive Noise or Vibration, Ms.
Roberts asked what this item covered. Mr. Boucher replied to Ms. Roberts that there
was a Statute that covered her concern related to motor cycle revving. Mayor Pro Tem
Hoog stated that this could also be addressed through the Condominium Association.
Mayor Pro Tem Hoog proceeded to, Loitering. Ms. Hamilton questioned if it were illegal
to sit on one's own property and drink an alcoholic beverage outdoors. Mayor Pro Tem
Hoog replied that this was permissible as long as the person remained on their own
property and their behavior was not unruly which became subject to law.
Ms. Roberts asked why alcohol was not included in Item No. (18). Attorney Latorre
stated that this was covered in Item No. (15) and drugs were included in Item No. (9).
Mr. Boucher replied to Ms. Roberts that Item No. (20) addressed a property owner that
continued to keep junk vehicles on his premises. Mr. Morley addressed No. (22) and
requested to replace the word "this" with the word "City" before code. Attorney Latorre
agreed that she could specify that the Ordinance related to the City code chapter
for Code Enforcement.
Attorney Latorre explained how the, Person Associated With, provision was intended to
prohibit nuisance persons from entering a property.
Mayor Pro Tem Hoog proceeded to Section 2-294., Monthly Allowance of Services;
User Charges; Service Fees Imposed. Ms. Roberts stated her concern with the
sufficiency of the 30 -day period as they relate to short-term rentals. Secondly, Ms.
Roberts requested to reduce the number of calls to two within a 30 -day period. Mr.
Petsos pointed out that this would allow up to three calls per month and for violations
twice per month. Mr. Petsos also noted that short-term rental might constitute another
classification.
Mayor Pro Tem Hoog stated that three calls were too many within a 30 -day period and
a fine at the fourth call; however, he did not agree with up to a fifth call but a revocation
of license. Discussion brought out three calls per year. Mr. Boucher referred to Sub-
City of Cape Canaveral, Florida
City Council Workshop Meeting
Chronic Nuisance Ordinance
July 10, 2007
Page 5 of 6
paragraph (e) and the provision which called for fines of a $500.00 service fee charged
to the property owner for calls after the fifth violation.
Mr. Boucher reminded that this Ordinance would also apply to hotels and businesses
too and it was difficult to revoke hotel licenses using a City Ordinance. Mr. Nicholas
stated that a more stringent Code would bring about the intent to maintain the City's
residential character. Ms. Roberts stated that one of the things that would bring about
license revocation was reaching a threshold and Council would need to determine that
threshold. Attorney Latorre clarified that the City could only revoke their
Certificate of Non -Conforming Status. The City could not revoke their State
Resort -Dwelling license; however, the City could impose a fine under this
Ordinance.
Ms. Roberts stated that she thought those Resort Dwellings in the non -C-1 zoning
district would fall under the revocation of license provision. Ms. Roberts stated that if it
were not defined in this Ordinance, then there was no provision to revoke their license.
Mr. Boucher clarified that the Council was not prosecuting under this Ordinance.
Mr. Morley clarified that discussion was not for revoking the State license but for the
Non -Conforming Status. Mr. Morley also pointed out that vacant property was not
included in types of properties. He questioned why the differentiation service calls when
calls would occur at any type of property. Attorney Latorre replied that they could
remove the Table inset on Page five. Discussion followed on the amount of the fine.
Attorney Latorre advised against becoming too severe in the penalties.
Attorney Latorre referred to the Resort Dwelling and Resort Condominium Ordinance
relating to losing non -conforming status when a person violated the three times within
one-year rental provision. Attorney Latorre read the provision related to the City
Manager taking lawful action which included seeking injunctive relief.
Attorney Latorre explained how Section 2-295, Notification of the Nuisance Activity
Procedures, was procedural to noticing the violator. Discussion ended in the
agreement to strike the word "may" in the third sentence and insert the word
"shall" to read "the City Manager shall notify the property owner."
Mayor Pro Tem Hoog read the four instances of what the Notice shall contain. [Copy of
the proposed attached.] Discussion clarified that the violator was required to file an
Appeal within ten days of the Notice and the City Manager would have within 30 days to
make a final decision. Ms. Roberts questioned Section 2-298 in which the City
Manager's determination would be final. Attorney Latorre explained that the City
Manager's final decision was based on the whether or not three infractions had
occurred. This would set the fining process in motion. Attorney Latorre stated that
the Appeals process in Section 2-298 would be clarified in the next Draft.
City of Cape Canaveral, Florida
City Council Workshop Meeting
Chronic Nuisance Ordinance
July 10, 2007
Page 6 of 6
Mayor Pro Tem Hoog read Section 2-296. Attorney Latorre replied to Ms. Roberts that
the Lien was based on non-payment of the fine. Ms. Roberts referred to past instances
of Liens and stated how staff time and Attorney's fees were also included as
Administrative cost along with in those imposed Liens.
Mr. Morley responded that the purpose of the fine was to cover Administrative costs
involved in enforcement. Attorney Latorre explained that this was an Administrative fee
based on the user charge. Ms. Roberts stated that there was a cost to the community
for the nuisance upon reaching this stage. Mr. Boucher responded that Ms. Robert's
recommendation would defer to the penalty structure and emphasized that this was a
cost recovery action.
Mayor Pro Tem Hoog read Section 2-297. Ms. Roberts requested to strike Section
2-297, Exemptions, in its entirety. Attorney Latorre informed that this was one of the
provisions in the model Ordinance. Council members agreed by consensus to
strike Section 2-297, Exemptions, from this Ordinance.
Mayor Pro Tem Hoog made note that discussion would skip Section 2-298, Appeals, in
order for the City Attorney's office to amend the language.
Mayor Pro Tem Hoog read Section 2-299. Reports: Administrative Rules. Attorney
Latorre explained that this would allow the City Manager to develop Administrative
Rules. Mayor Pro Tem Hoog recommended changing the word "Rules" to
"Procedures."
Mr. Petsos pointed out that parking and excessive vehicles were not on the enumerated
list of Page 4. Attorney Latorre clarified that those were included in Item No. (22) since
these were already included in the City code. Mr. Boucher reiterated that the Chronic
Nuisance Ordinance did not provide for a penalty but was an Administrative action for
law enforcement and code enforcement service use. Attorney Latorre reminded that the
Civil Citation would count toward the user fee. Mr. Boucher replied to Ms. Roberts that
an applicant would make the Appeal to the Council for loss of Non -Conforming Use
Status.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 8:15 P.M.
Susan Stills, CMC, CITY CLERK
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