HomeMy WebLinkAboutOrdinance No. 09-2012 1
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ORDINANCE NO. 09-2012
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
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AMENDING ARTICLE VI, CHAPTER 2, OF THE CITY
CODE RELATED TO CODE ENFORCEMENT CITATIONS;
AMENDING THE LIST OF CITY CODE PROVISIONS
ENFORCED THROUGH ISSUANCE OF A CIVIL CITATION
TO INCLUDE CHAPTER 62, SOLID WASTE; MAKING
CONFORMING AMENDMENTS TO CHAPTER 62;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article 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 municipalities may designate the
enforcement methods and penalties to be imposed for the violation of its codes and ordinances,and
that such enforcement methods may include, but are not limited to, the issuance of a citation, in
addition to hearings before the code enforcement board; and
WHEREAS,the City Council believes that in certain cases,the only effective enforcement
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tool, due to the nature of the violation, is the issuance of a civil citation; and
I WHEREAS,the City Council desires to amend the City Code with respect to the enumerated
list of code provisions subject to enforcement through issuance of a civil citation; and
WHEREAS, conforming amendments to certain provisions of the City Code are required
to provide for enforcement of those provisions through issuance of civil citations; 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:
1 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
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reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
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1 City of Cape Canaveral
i Ordinance No.09-2012
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Section 2. Code Amendment. Chapter 2,Administration,of the Code of Ordinances,
City of Cape Canaveral,Florida,is hereby amended as follows(underlined type indicates additions
and stakeout type indicates deletions,while asterisks(* * *)indicate a deletion from this 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):
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CHAPTER 2. ADMINISTRATION
* * *
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ARTICLE VI. CODE ENFORCEMENT
* * *
DIVISION 3. CODE ENFORCEMENT CITATIONS
* * *
Sec.2-283. Applicable codes and ordinances; class violation.
(a) The following city codes and ordinances may be enforced by civil citation to the
Brevard County Court, and are assigned the violation classification enumerated below:
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(10) Reserved- Chapter 62. Solid Waste . . . Class I.
* * *
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Section 3. Conforming Amendments to Chapter 62,Solid Waste. Chapter 62, Solid
Waste, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows
(underlined type indicates additions and sti1L.,ut type indicates deletions, while asterisks (* * *)
indicate a deletion from this Ordinance of text existing in Chapter 62. It is intended that the text in
Chapter 62 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
CHAPTER 62. SOLID WASTE
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Sec. 62-2.-Penalties. Reserved.
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Any person who violatk.s any provi '• • • . , . .. • •' . • . . .
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City of Cape Canaveral
Ordinance No.09-2012
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Section 4. 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 5. 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. Grammatical,typographical,and like
errors may be corrected and additions, alterations, and omissions,not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
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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 7. 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 19th day of
June, 2012:
Qa��n C... ...ch..„...ra,.....C1._
E Rocky Randel ,Mayor
ATTc.i For Against
John Bond X
ANG LA';AE •
1(ity Clerk Bob Hoog Second
Buzz Petsos Motion
Rocky Randels X
Betty Walsh Ahscnr
First Reading: May 15, 2012
Legal Ad published: May 22, 2012
Second Reading: June 19, 2012
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City of Cape Canaveral
Ordinance No.09-2012
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I Approved as t gal form and sufficiency
i for the Cit f Canaveral only by:
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ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Ordinance No.09-2012
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