HomeMy WebLinkAboutOrdinance No. 20-2003 }
ORDINANCE NO. 20-2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTION 1 -15 OF THE CAPE
CANAVERAL CODE, RELATING TO GENERAL
PENALTIES; PROVIDING FOR THE CITY, AS A
PREVAILING PARTY, TO RECOVER ITS REASONABLE
ATTORNEY FEES AND COSTS IN ANY LEGAL OR
EQUITABLE CAUSE OF ACTION BROUGHT TO
ENFORCE ANY PROVISION OF THE CAPE CANAVERAL
CODE; 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 Section 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City is currently limited in its ability to recover its reasonable attorneys'
fees and costs incurred in actions brought to enforce provisions of the Cape Canaveral Code; and
C., WHEREAS, the City desires to provide a mechanism that permits the City to recover, as
a prevailing party, its reasonable attorneys' fees and costs incurred in any legal proceeding
brought to enforce the Cape Canaveral Code in order to relieve the City of Cape Canaveral and
its citizens of this financial burden; and
WHEREAS, ordinances which allow a city to recover reasonable attorneys' fees and
court costs in legal proceedings to secure compliance with the city code serve a valid municipal
purpose and are enforceable. City of Venice v. Valente, 429 So. 2d 1241 (Fla. 2 DCA 1983);
and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
City of Cape Canaveral
Ordinance No. 20 -2003
Page 1 of 3
Section 2. Code Amendment. That Section 1 -15 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions, stnkeeut
type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text
existing in Section 1 -15. It is intended that the text in Section 1 -15 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance).
CHAPTER 1 GENERAL PROVISIONS
* * *
Sec. 1 -15. General penalty; attorneys' fees and costs.
* * *
d) In addition to and supplemental to any other provision of the city code, the city shall be
entitled, as prevailing party, to recover reasonable attorneys' fees and court costs incurred in any
legal proceeding brought by the city to enforce any provision of the city code through all
appellate proceedings.
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.
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.
[This space intentionally left blank]
City of Cape Canaveral
Ordinance No. 20 -2003
Page 2 of 3
i
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of
July, 2003.
1
, , (-1-0041C I
ROCKY RAND LS, Mayor
ATThST: ` For Against t
a
Bob Hoog X
Jim Morgan Second
--d, ,,, , ° !../., Buzz Petsos Motion
SUSAN S ILL City Clerk Rocky Randels X 1
Richard Treverton X I
First Reading: 7/1/03
Legal Ad published: 7/5/03 €`
Second Reading: 7/15/03
h
Approved as to legal form and sufficiency for
the City • Ca, e Canaveral only:
I
/40111111 I
,
... ,
h
ANTHONY A. GARGANESE, City Attorney l
Cy t 1
I
i
q
i,
1
1
i
PP
1
1
p F p
T
t
j'
6
I
r.
i
City of Cape Canaveral
Ordinance No. 20 -2003
(re Page 3 of 3 b;
1
I