HomeMy WebLinkAboutResolution 2004-18 RESOLUTION NO.2004 -18
a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, ADOPTING A CITATION FORM IN
ACCORDANCE WITH SECTION 82 -377 OF THE CITY CODE;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on May 18, 2004, the City Council adopted Ordinance No.09 -2004 authorizing
the issuance of citations for certain violations under Chapter 489, Fla. Stat., generally related to
unlicenced contractors; and
WHEREAS, in accordance with the Cape Canaveral Code §82 -377 the City Council desires
to adopt a citation form to be used for citing violators of certain provisions of Chapter 489, Fla. Stat.
and the applicable Cape Canaveral Code; and
WHEREAS, the City Council deems that this Resolution is in the best interests of the public
health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
{ Section 1. Incorporation of Recitals. The for egoing recitals are deemed true and
correct and are hereby fully incorporated herein by this reference.
Section 2. Citation Form Adopted. The citation form attached hereto as Exhibit "A"
is hereby adopted and approved as the citation form for purposes of issuing citations under §82 -377,
Cape Canaveral Code, and §489.127 and §489.132, Fla. Stat. Exhibit "A" is hereby fully
incorporated herein by this reference. The City Manager is hereby authorized to make minor
amendments to the citation form for purposes of printing the citation forms and correcting technical
mistakes or inconsistencies on the form and updating the form to comply with Florida law.
Section 3. Printing Citations. The City Manager is hereby authorized to have the
citation form printed by a printing company in booklet form, in a manner deemed appropriate by the
City Manager in consultation with the City's Building Official and Code Enforcement Officers.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior Resolutions or parts of
Resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this resolution is for any reason held invalid or unconstitutional by any court of competent
City of Cape Canaveral
Resolution No. 2004 -18
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1 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
i C holding shall not affect the validity of the remaining portion hereto.
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Section 6. Effective Date. This Resolution shall become effective immediately upon
a doption by the City Council of the City of Cape Canaveral, Florida.
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Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular
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meeting assembled on this 1st day of June, 2004.
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i CeD C)4uk covu,S2129*
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog Second
1 .----4,-i Steve Miller Motion
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Susan Stills, CITY CLERK Jim Morgan Absent
Rocky Randels X 1
Richard Treverton X
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1 APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF CAPE AVERAL ONLY:
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1 Anthony A. Garganese, CITY ATTORNEY
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City of Cape Canaveral
1 C Resolution No. 2004 -18
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CONSTRUCTION CONTRACTOR CITATION CITATION NO.:
ISSUING AGENCY: CITY OF § 82 -375 et. seq. City of Cape Canaveral Code; and /or
CAPE CANAVERAL §489.127, and /or §489.132(1), Florida Statutes.
The undersigned certified that, upon personal investigation, he /she has reasonable and robable grounds to believe, and does believe, that on:
D' ay of the Week: Month: Day: Year: Time ❑ AM ❑ PM
First Name: M.I.: Last Name:
Street Address:
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City: State: Zip Code:
Phone No.: D.O.B.: Race: Sex: Height:
I Did commit a violation of: ❑ § 82 -375 et. seq. City of Cape Canaveral Code -- Construction Contracting Regulation Violation.
❑ § 489.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions and Occupations).
1 ❑ § 489.132(1) Florida Statutes. Prohibited acts by unlicenced principals (of Qualified Construction Companies).
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j Facts Constituting Reasonable and Probable Cause:
Location of Violation:
Penalty: $500.00 for each violation. Each day such violation shall continue shall be deemed to constitute a separate infraction.
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) Signature of Officer: Time of Issuance: ❑ AM ❑ PM
Print Name/Title of Officer: Date of Issuance: / /
9 Issued by: ❑ Certified Mail, Return Receipt Requested
❑ Hand Delivery to Violator
❑ Hand Delivery to Family Member at Residence (15 yrs. or older) Specify Person:
NOTICE TO VIOLATOR
This Citation is issued pursuant to § 82 -375 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat. Any
person who is issued and receives this Citation shall immediately cease the act for which the Citation was issued. Upon
receipt of this Citation, the violator shall cease and desist from the act for which this Citation has been issued and elect either
to:
(1) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City of
Cape Canaveral the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash (do not mail
cash), check, or money order made payable to the City of Cape Canaveral, Attention: City Manager, at 105 Polk Avenue,
Cape Canaveral, Florida 32920. You must include a copy of this Citation with your payment;
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(2) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, request an
administrative hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with
the applicable procedures set forth in the Cape Canaveral Code. All such requests for a hearing shall be made in writing to
the Cape Canaveral City Manager at 105 Polk Avenue, Cape Canaveral, Florida 32920. Failure to request such a hearing in
writing within the ten (10) day time period shall constitute a waiver of the violator's right to a hearing and such waiver shall
be deemed an admission of the violation and the penalties imposed as set forth in this Citation. 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 this Citation but no more than $1,000.00 per day for each violation.
1 The above remedies are not exclusive.
Any unlicenced person violating subsections 489.127 or 489.132 commits a misdemeanor of the first degree upon
first offense. Any unlicenced person, having previously been found guilty of violating subsection 489.127(1) commits a
, felony of the third degree upon the second offense. Any unlicenced person who commits a violation of subsection
i 489.127(1) during the existence of a state of emergency declared by executive order of the Governor, commits a felony of
l the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes.
Your signature below does not constitute an admission of guilt; however, willful refusal to sign and accept this
Citation is a second degree misdemeanor punishable by a fine of $500.00 and/or 60 days in jail as provided by § 775.082 or
§ 775.083, Fla. Stat.
Signature of Violator: Date:
Original- To be Retained by the Cape Canaveral Code Enforcement Board EXHBUT it
Yellow Copy - To be Retained by Violator
Green Copy - To be Retained by City
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