HomeMy WebLinkAboutOrdinance No. 05-2003 ORDINANCE NO 05 -2003
(10 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 2, ARTICLE VI,
PROVIDING FOR A NEW SECTION 2 -260 ENTITLED
PROCEDURES FOR SATISFACTION OR RELEASE OF
CODE ENFORCEMENT LIENS; PROVIDING FOR THE
REPEAL OF PRIOR CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, Chapter 162, Florida Statutes, provides that a municipality may create
administrative boards with the authority to impose administrative fines and other noncriminal penalties
to provide an equitable, expeditious, effective and inexpensive method of enforcing any code and
ordinance in force in such municipality; and
WHEREAS, the City Council has enacted Article VI, Division 2 of the Code of Ordinances
and created a Code Enforcement Board under Section 2 -256 with the powers and procedures as
provided by law; and
WHEREAS, Section 2 -258 of the City Code permits, in accordance with Chapter 162,
Florida Statutes, the Code Enforcement Board to enter an order imposing a penalty or fine which is
recorded in the public land records of Brevard County and becomes a lien in favor of the governing
body, which can only be satisfied or released by an action of the governing body; 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 reference as
legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Code Amendment. That Chapter 2 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout
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type indicates deletions, while asterisks (* * *) indicate a deletion from the 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
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DIVISION 2. CODE ENFORCEMENT
* **
Sec. 2 -260. Application for Satisfaction or Release of Code Enforcement Liens.
Where a certified copy of an order imposing a penalty or fine, as described Chapter 162, Florida
Statutes, has been recorded in the public records of Brevard County, Florida and has become a lien
against the land and /or property of the violator, such violator may apply for a satisfaction or release
of such lien in accordance with this section.
A. Upon full payment by the violator of the fine or penalty in accordance with this Chapter, the
City Manager shall execute and record a Satisfaction of lien.
B. The application for satisfaction or release of lien shall be in written form, typed or
handwritten, by the violator, and shall be submitted to the Building Official or the designee
of the Building Official. The application shall include, but may not be limited to the
following:
(1) The Code Enforcement Case Number;
(2) The date upon which the violator brought the subject property into compliance with
the City Code;
la The factual basis upon which the violator believes the application for satisfaction or
release of lien should be granted;
The Te terms upon which the satisfaction or release should be granted;
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(5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine
being recorded;
(6) The reduction in penalty or fine sought by the violator; and
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(7) Any other information which the violator deems pertinent to the request, including but
not limited to the circumstances that exist which would warrant the reduction or
satisfaction of the penalty or fine.
(8) This application shall be executed under oath and sworn to in the presence of a
Notary Public.
C. The violator shall submit at the time of application payment to the City in the amount
necessary to reimburse the City for its costs associated with recording the Order Imposing
a Penalty or Fine and the requested Satisfaction or Release of lien. These costs are non-
refundable, without regard for the final disposition ofthe application for satisfaction or release
of lien.
D. Upon receipt of the application for satisfaction or release of lien and payment provided above,
the Building Official or designee of the Building Official shall confirm through the Code
Enforcement Department that the violation which resulted in the order imposing penalty or
fine has been satisfied. If the violation has been satisfied and there is no current code
violation upon the property in question, the Building Official or designee of the Building
'Official shall place the application upon the agenda of the next meeting of the Code
Enforcement Board for the City of Cape Canaveral.
E. At the hearing before the Code Enforcement Board, the Board shall review and consider the
application for satisfaction or release of hen, provide the violator with an opportunity to
address the Board regarding the application for satisfaction or release of lien, and to take the
testimony of other interested parties, including but not limited to City staff.
Upon review of the application and any testimony presented, the Code Enforcement
Board shall by motion direct a recommendation to the City Council for approval, approval
with conditions, or denial of the application for satisfaction or release of lien.
The Code Enforcement Board, in determining its recommendation, shall consider the
following factors:
(U The gravity of the violation;
al The time in which it took the violator to come into compliance;
The accrued amount of the code enforcement fine or hen;
O Any previous or subsequent code violations;
f5) Any financial hardship and
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L6) Any other mitigating circumstance which may warrant the reduction or satisfaction
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c of the penalty or fine.
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1 E After a recommendation has been rendered by the Code Enforcement Board, the Building
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, Official or designee of the Building Official shall place the application for satisfaction or
, release of lien upon the agenda of the next regularly scheduled City Council meeting. The
City Council may take action solely based upon the sworn application and recommendation
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of the Code Enforcement Board, or it may in its discretion, provide the violator with an
opportunity to address the Council in regard to the application for satisfaction or release of
lien.
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i G. The City Council may approve, approve with conditions, or deny the application to satisfy or
, release of lien. If the City Council approves the application to satisfy or release the lien and
the approval is conditioned upon the violator paying a reduced penalty, fine, or any other
; condition, the Satisfaction or Release of Lien shall not be prepared or recorded until the
condition(s) placed by the Council have been satisfied.
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, The violator shall have thirty (30) days in which to comply with the conditions imposed by
the City Council. Failure of the violator to comply will result in the automatic denial of the
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; application for satisfaction or release of lien.
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i If the application is denied or if the application is automatically denied due to the failure of
I the violator to comply with the conditions imposed by the City Council, the violator shall
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, li thereafter be barred from applying for a subsequent satisfaction or release of lien for a period
1 of one (1) year from the date of denial. During the one (1) year period, the lien may only be
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I satisfied and released upon full payment of the fine or penalty imposed in accordance with this
Division.
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1 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 1
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I in conflict herewith, are hereby repealed to the extent of the conflict.
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' Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape
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Canaveral City Code and any section or paragraph number or letter and any heading may be changed
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, or modified as necessary to effectuate the foregoing.
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, Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
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1 of this ordinance is for any reason held invalid or unconstitutional by any court of competent ,
1 jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed i
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a separate, distinct and independent provision, and such holding shall not affect the validity of the
i remaining portions of this ordinance.
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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 18th day of
February, 2003.
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C-7-1 O C.,%..‘ CO4SQ.C.:L
Rocky Randels,
ATTEST:
For Against
Bob Hoog X
Jim Morgan Motion
„ _ 4.., ■if _f _ Buzz Petsos Second
Susa Stills, City. Clerk Rocky Randels X
I Richard Treverton X
First Reading: _ , 2/4/03
Legal Ad published: 2/8/03
Second Reading: 2/18/03
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Approved as to legal form and sufficiency for
the City o : pe Canaveral only:
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1 lb ,.,
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A thony A. Garganese, City Attorney
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