HomeMy WebLinkAboutOrdinance No. 09-2004 FOR CODIFICATION PURPOSES ONLY
ORDINANCE NO. 09-2004
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, RELATING TO THE CODE
ENFORCEMENT CITATION PROGRAM AND CODIFYING
A NEW CODE SECTION IN CHAPTER 82, ARTICLE XV
RELATING TO UNLICENSED CONTRACTORS AND
{ CONSTRUCTION WITHOUT A BUILDING PERMIT;
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AUTHORIZING AND ESTABLISHING PROCEDURES FOR
IMPLEMENTING THE ISSUANCE OF CITATIONS
PURSUANT TO SECTION 489.127, FLORIDA STATUTES
FOR UNLICENCED CONTRACTING AND FAILURE TO
fi OBTAIN A BUILDING PERMIT AS MORE SPECIFICALLY
SET FORTH HEREIN; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
1 WHEREAS, it is the intent of the City Council of the City of Cape Canaveral, Florida to
establish an equitable, expeditious, and effective method of enforcing Codes, Ordinances and
C I applicable Florida Statutes; and
WHEREAS, the City Council desires to provide for the issuance of civil citations by Code
Enforcement Officers for persons violating the construction contracting provisions of Section
489.127, Florida Statutes; 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
t Canaveral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
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Section 1. The City of Cape Canaveral Code, Chapter 82, Article XV is hereby created
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as follows: (underline type indicates additions).
City of Cape Canaveral
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ARTICLE XV - CITATIONS; UNLICENCED CONTRACTORS; FAILURE TO OBTAIN
Cie BUILDING PERMIT
Section 82 -375. Intent and Purpose
It is the intent and purpose of this Article to authorize the issuance of citations for violations
of Sections 489.127 and 489.132(1), Florida Statutes, as maybe amended or renumbered from time
to time by the Florida Legislature. It is also the intent and purpose of this Article to establish a
procedure to implement the issuance of such citations by code enforcement officers, who under this
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Article shall be the Building Official and those persons designated a code enforcement officer by the
City Manager. Nothing contained in this Article shall prohibit the City from enforcing its codes or
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ordinances by any other lawful means.
Section 82 -376. Findings.
The City Council of the City of Cape Canaveral hereby finds:
to The commencement or performance of work for which a building permit is required
without such building permit being in effect creates a grave threat to the public
health, safety, and welfare and jeopardizes the safety of occupants of buildings.
(b) The performance of construction by contractors who are not duly licensed, when a
contracting license is required, may pose a danger of significant harm to the public
when incompetent or dishonest unlicenced contractors provide unsafe, unstable, or
short-lived products or services.
Section 82 -377. Citation Authorized for Construction Contracting Violations.
A code enforcement officer is hereby authorized to issue a citation for any violation of
Sections 489.127 and Section 489.132(1), Florida Statutes, whenever, based upon personal
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Ordinance No. 09 -2004
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investigation, the code enforcement officer has reasonable and probable grounds to believe that such
violation has occurred. A citation shall be issued in accordance with the rules and p rocedures
established by this Article and Florida Statutes. This Article does not authorize or permit a code
enforcement officer to perform any function or duty of a law enforcement officer.
Section 82 -378. Citation Form.
A citation issued by a code enforcement officer shall be in a form prescribed by the City
Council by resolution, and shall contain at a minimum:
fal The time and date of issuance.
The name and address of the person to whom the citation is issued.
(.0 The time and date of the violation.
A brief description of the violation and the facts constituting reasonable cause.
fel The name of the code enforcement officer.
ffi The procedure for the person to follow in order to pay the civil penalty or to contest
the citation.
The applicable civil penalty if the person elects not to contest the citation. €'
Section 82 -379. Penalty.
In addition to any other criminal penalties provided by Section 489.127(2), Florida Statutes,
a civil penalty of $500 shall be levied for any violation of this Article. All monies collected by the
City from citations issued under this Article shall be deposited in the City's general fund and may
be expended for any public purpose authorized by the City Council. A person cited for a violation
pursuant to this Article is deemed to be charged with a non - criminal infraction. Each violation is
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a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a
co; separate civil infraction.
Section 82 -380. Refusal to Sign Citation.
Except in the absence of the person who has committed the violation, a code enforcement
officer shall require the person to sign and accept a citation being issued. If the person refuses to
sign and accept the citation, the code enforcement officer shall write the words "Refused to Sign"
or any other words of similar meaning in the space provided in the citation for the person's signature
and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if
possible, by registered or certified mail, return receipt requested. Following such refusal to sign and
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accept, the code enforcement officer shall also contact the Sheriff's Department to report such
violation of this Article and Section 489.127(5)(m), Florida Statutes.
Section 82 -381. Stop Work.
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Any person who is issued a citation under this Article shall immediately cease the act for
which the citation was issued upon receipt of the citation.
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Section 82 -382. Correction of Violation; Payment of Penalty; Notice of Hearing
Upon receipt of a citation, the person charged with the violation shall elect either to
La,) Correct the violation and pay to the City the civil penalty in the manner indicated on
the citation or,
(b) Within ten (10) days of receipt of the citation, exclusive of weekends and legal
holidays, request an administrative hearing before the City's Code Enforcement Board to appeal the
issuance of the citation in accordance with the procedures set forth in this Article. Any request for
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an administrative hearing shall be made and delivered in writing to the City Manager by the time set
t y' forth in this subsection. Failure to request an administrative hearing in writing within the ten (10)
day time period shall constitute a waiver of the violator's right to an administrative hearing. A
waiver of said right shall be deemed an admission of the violation, and penalties shall be imposed
as set forth on the citation.
Section 82 -383. Administrative Hearings; Accrual of Penalties.
cal All administrative hearings held pursuant to this Article shall be conducted by the
Code Enforcement Board in accordance with the requirements of the Local Government Code
Enforcement Boards Act.
During the administrative hearing, if the violator demonstrates to the Code
Enforcement Board that the violation is invalid or that the violation has been corrected prior to
appearing before the Code Enforcement Board, the Code Enforcement Board may dismiss the
C if citation unless the violation is irreparable or irreversible, in which case the Code Enforcement Board
may order the violator to pay a civil penalty as set forth in subsection (c) below.
Lc,) During the administrative hearing, if the Code Enforcement Board finds that a
violation exists, the Code Enforcement Board may order the violator to pay a civil penalty of not less
than the amount set forth on the citation but not more than $1,000 per day for each violation. hi
determining the amount of the penalty, the Code Enforcement Board shall consider the following
facts:
1. The gravity of the violation.
2. Any actions taken by the violation to correct the violation.
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FOR CODIFICATION PURPOSES ONLY
3. Any previous violations which were committed by the violator.
(re j j) During the administrative hearing, if the Code Enforcement Board finds that the
violator had not contested or paid the civil penalty set forth in the citation within the time required
in this Article, the Code Enforcement Board shall enter an order ordering the violator to pay the civil
penalty set forth on the citation, and a hearing shall not be necessary for the issuance of such order.
je . All civil penalties imposed by the Code Enforcement Board under this Article shall
continue to accrue until the violator comes into compliance or until a judgement is rendered by a
court to collect or foreclose on a lien filed under this Article, whichever occurs first, regardless of
whether or not the order of the Code Enforcement Board sets forth this accrual requirement.
Section 82 -384. Appeals of Code Enforcement Board Decisions.
Any person aggrieved by a final administrative order of the Code Enforcement Board
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pursuant to this Article, including the City Council, may appeal the order to the circuit court in
r itic accordance with Section 489.127(5)(j), Florida Statutes, as may be amended or renumbered from >'
time to time by the Florida Legislature.
Section 82 -385. Recording Code Enforcement Board Orders.
A certified copy of an order of the Code Enforcement Board imposing a civil penalty under
this Article may be recorded in the public records and thereafter shall constitute a lien against any
real or personal property owned by the violator. Such orders shall be enforced in accordance with
Florida law.
Section 82 -386. Notices.
All notices required by this Article shall be provided to the violator by certified mail, return
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receipt requested; by hand delivery by a law enforcement officer or code enforcement officer; by
(be leaving the notice at the violator's usual place of residence with some person of his or her family
above 15 years of age and informing such person of the contents of the notice or by including a
hearing date within the citation.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. 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
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or modified as necessary to effectuate the foregoing.
Section 4. 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
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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 5. Effective Date. This Ordinance shall become effective thirty (30 days after
adoption by the City Council of the City of Cape Canaveral, Florida.
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting
assembled on the 18th day of May, 2004.
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, C:10 G CC•40■Af2.2c),Q
C - ; A'TEST:
Rocky Randels, ayor
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Bob Hoog For Against
-,.- g Second
Steve Miller X
Sus . n Sti Is, City lerk
Jim Morgan Motion
First Reading: May 4 2004 Rocky Randels X
Richard Treverton X
Legal Ad published: May 8, 2004
Second Reading: May 18, 2004
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Approved as . legal form and sufficiency for
the City . . , e Canaveral only
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Anthony A. Garganese, City Attorney
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