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HomeMy WebLinkAboutOrdinance No. 28-1993NOTE: ORDINANCE NO. 28 -93, MOTION FOR FIRST READING FAILED BY 4 TO 0 VOTE AT REGULAR CITY COUNCIL MEETING HELD ON AUGUST 3, 1993. ORDINANCE NO. 28 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 703, LOT CLEARING, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; BY REPEALING AND RE- ENACTING SECTION 703.07 TO GRANT THE CODE ENFORCEMENT BOARD JURISDICTION TO HEAR AND DECIDE CASES RELATING TO LOT CLEARING; BY REPEALING SECTION 703.09; BY AMENDING SECTION 703.11 TO PERMIT THE CITY TO CLEAR LOTS AFTER THE CONCLUSION OF A CODE ENFORCEMENT BOARD PROCEEDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Section 703.07 of the Code of Ordinances of the City of Cape Canaveral is repealed and re- enacted to read as follows: Sec. 703.07 Enforcement In the event the property owner fails to comply with the notice specified in Section 703.05 within the time provided therefor, the Code Enforcement Officer may initiate an action with the Code Enforcement Board which shall have the authority to enforce the provisions of this Chapter. SECTION 2 . Section 703.09 of the Code of Ordinances of the City of Cape Canaveral, Brevard County, Florida is repealed. SECTION 3 . Section 703.11 of the Code of Ordinances of the City of Cape Canaveral, Brevard County, Florida is repealed and re- enacted as follows: Sec. 703.11 Remedy by city A B City of Cape Canaveral, Florida Ordinance No. 28 -93 Page 2 shall include a copy of the notice r__: - _" deseribed ana =a eapy of the deelsion, if any, where a epee lien and eh&Eeje Woll: be _ - _ a_a the _ _« whieh shall be payable w ith imteEest at the rate ef C. Such lien shall be enforceable in the same manner as a tax lien in favor of the City and may be satisfied at any time by payment thereof, including accrued interest. Upon such payment, the clerk of the circuit court shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof and notify the tax collector of such satisfaction. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the public records of Brevard County, Florida. SECTION 4 . Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 5 . Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 6 . Effective Date. This ordinance shall take effect' immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Brevard County, Florida this day of , 1993. ATTEST: Faith G. Miller, CITY CLERK APPROVED AS TO FORM: John R. Kancilia, CITY ATTORN: '1 Joy C. Salamone, MAYOR _i