HomeMy WebLinkAboutOrdinance No. 08-2002 ORDINANCE NO 08 -2002
Cov AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CODE SECTION; 78 -122 PAYMENT
OF SEWER RATE ASSESSMENT BY AMENDING THE TIME
REQUIREMENT FOR PAYMENT OF THE SEWER ASSESSMENT FROM
AT THE TIME OF THE ISSUANCE OF THE SEWER PERMIT TO AT THE
TIME OF THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. Section 78 -122, Payment of Sewer Rate Assessment is
hereby amended by amending the time requirement for payment of the sewer
assessment from at the time of the issuance of the sewer permit to at the time of
the issuance of the certificate of occupancy as follows:
"The assessments as set forth in this division shall be paid by certified
funds at the time of issuance of a certificate of occupancy for such new
construction, except as provided in Section 78 -123. Except as provided
in Section 78 -34, a building permit shall not be issued unless a sewer
permit has been first obtained. The amount of the assessment shall be
determined in accordance with the rates established in Section 78 -121 in
effect at the time a sewer permit is issued by the city. A sewer permit
shall not be issued until a city sewer main line is placed within 150 feet of
the applicant's property. If the assessment is not paid by the 30 day
following that for which a billing has been rendered, then an amount
equal to five percent of such assessment due shall be added thereto as a
late charge. Upon failure of any user to pay for the assessment within 60
days from being billed, the city shall shut off or cause to be shut off the
connection of such user and shall not furnish him or permit him to receive
from the system further service until all obligations owed by him to the
city on account of the services shall have been paid in full. If such sewer
service is shut off pursuant to this section, then before such service shall
be restored, the user thereof shall pay a reinstatement fee in the amount
as set forth in Appendix B to this Code in addition to any other
assessments and charges due. In addition, and as an alternative means
of collecting such assessment, last charges and penalties, the city shall
have a lien on such lot or parcel of land for which the sewer connection
has been made, for which such lien shall be of equal dignity with the lien
of state and county and municipal taxes. Such lien may be foreclosed by
the city in the same manner provided by the laws of the state for the
C o foreclosure of mortgages upon real estate."
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City of Cape Canaveral, Florida
Ordinance No. 08- 2002 =:
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SECTION 2. Severability. If any section, paragraph, phrase or work 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 1
legislative intent to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 3. Conflicting Provisions.Any Ordinance, or part of an
Ordinance, in conflict herewith is repealed.
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SECTION 4. Effective Date. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida,
this 16th day of April, 2002.
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Rocky Randels, MA OR
ATTEST: FOR AGAINST
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Jim Morgan X x
Susan Stills CITY GL �K Buzz Petsos X
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Rocky Randels X
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Richard Treverton Second
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APPROVED AS TO FORM:
Larry Weber Motion
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Mark Mc uagge, CITY ATTORNEY
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First Public Hearing: 04 -02 -02
Published: 04 -06 -02
Second Public Hearing: 04 -16 -02
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