HomeMy WebLinkAboutOrdinance No. 39-2003 ORDINANCE NO. 39 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTION 22 -46 OF THE CAPE
CANAVERAL CODE; PROVIDING FOR APPEAL TO THE
CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral is granted the authority, under
Section 2(b), Article VIII of the Florida Constitution, to exercise any power for municipal purposes,
except when expressly prohibited by law; and
WHEREAS, the Community Appearance Board is a final quasi-judicial board, charged with
the review of all plans, elevations, and proposed signs for buildings or structures within the City; and
WHEREAS, the City Council desires to provide for an administrative appeal procedure from
decisions of the Community Appearance Board; 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 Section 22 -46 of the Code of Ordinances, City of
Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of
text existing in Section 22 -46 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance).
Sec. 22 -46. Appeals and Review.
Any person(s) or the City aggrieved by a final decision rendered by the Community
Appearance Board may :.. .. ' . • • : ... • . . . • appeal the
decision to the City Council in accordance with the following procedures. The filing of an appeal
City of Cape Canaveral
Ordinance No. 39 -2003
Page 1 of 3
under this section stays the action of the Community Appearance Board until a decision by the City
Council is rendered.
cal The aggrieved party may, not later than ten (10) calendar days after receiving notice of final
action by the Community Appearance Board, file with the City Clerk a written request for
an appeals hearing before the City Council.
(b) If a written request is filed within the ten (10) day limit and as otherwise provided above, the
City Council shall consider the request. The City Council shall hear, and make a
determination on the appeal within thirty (30) days from the date the written request for an
appeal is received by the City Clerk. The applicant shall be provided notice of the City
Council hearing at least seven (7) days prior to the Council hearing.
(c) The City Council shall hear and consider evidence offered by any interested person to
determine whether the Community Appearance Board properly denied an application for
approval in accordance with the City Code and City Comprehensive Plan. The formal rules
of evidence do not apply.
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 on the basis of
a competent and substantial evidence. The decision of the City Council is final.
Judicial review of any final decision under this Article shall be available only after the
,r administrative procedures and remedies set forth in this section have been exhausted.
* **
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.
City of Cape Canaveral
Ordinance No. 39 -2003
Page 2 of 3
tk
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
November, 2003. t ,, .
(..., . G%DCY1 ,,
. _
......,.. R
, ,t
OCKY RANDELS, Mayor
i t -J
ATTEST: - For Against
Bob Hoog X 1
Jim Morgan MOTION t
Buzz Petsos SECOND
SU S'TH Clerk Rocky Randels X
- Richard Treverton X
First Reading: 10/21/03
Legal Ad published: 11/08/03
Second Reading: 11/18/03
r
Approved as to legal form and sufficiency for
the Ci , of S.pe Canaveral only:
10 1111 •
i
ANTHONY A. GARGANESE, City Attorney l
1
(,... i
i
i
1
i
1
1
,
i
1
x
.,
,,
G: \Docs \City of Cape Canaveral\ Ordinances \CAB_Amendments2_39- 2003.wpd
(..., City of Cape Canaveral
Ordinance No. 39 -2003
Page 3of 3