HomeMy WebLinkAboutOrdinance No. 23-19961
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ORDINANCE NO. 23 -96
AN ORDINANCE OF '1'11L CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, REGARDING CHAPTER 78,
UTILI'1'ILS, ARTICLE II, SANITARY SEWER SYSTEM,
DIVISION 3, IMPACT FEES; REPEALING SECTION 78 -124,
COLLECTION OVER CERTAIN TIME; PROMISSORY NOTE,
AND SECTION 78 -126, ISSUANCE OF CERTIFICATE OF
OCCUPANCY UPON FULL PAYMENT; AND AMENDING
SECTION 78 -122, PAYMENT, SECTION 78 -125, FULL
PAYMENT REQUIRED PRIOR TO ISSUANCE OF
CERTIFICATE OR LICENSE, AND SECTION 78 -128,
CHANGE OF USE; REMOVING ALL REFERENCES
THEREIN TO SECTIONS 78 -124 AND 78 -126; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT ORDINANCES; AND PROVIDING FOR AN
EN 'ECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF TILL CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 78 -124, Collection Over Certain Time; Promissory Note, of
Division 3, Impact Fees, is hereby deleted in its entirety and said Section 78 -124 shall be noted as
"reserved" within the Code of Ordinances of the City.
SECTION 2. Section 78 -126, Issuance of Certificate of Occupancy, of Division 3,
Impact Fees, is hereby deleted in its entirety and said Section 78 -126 shall be noted as "reserved"
within the Code of Ordinances of the City.
SECTION 3. Section 78 -122, Payment, of Division 3, Impact Fees, is hereby deleted in
its entirety, and the following is adopted in lieu thereof:
Sec. 78 -122. Payment.
The assessment as set forth in this division shall be payable prior to the issuance of
a sewer permit, except as provided in section 78 -123. Except as provided in section 78-
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City of Cape Canaveral
Ordinance No. 23 -96
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34, a building permit shall not be issued unless a sewer permit has been first obtained. The
amount of the assessment shall be determined in accordance with the rates established in
section 78 -121 in effect at the time a sewer permit is issued by the city. A sewer permit
shall not be issued until a city sewer main line is placed within 150 feet of the applicant's
property. If the assessment should not be collected prior to connection to the city sewer
system and the assessment is not paid by the 30th day following that for which a billing
has been rendered, then an amount equal to five percent of such assessment due shall be
added thereto as a late charge. Upon failure of any user to pay for the assessment within
60 days from being billed, the city shall shut off or cause to be shut off the connection of
such user and shall not furnish him or permit him to receive from the system further
service until all obligations owed by him to the city on account of the services shall have
been paid in full. If such sewer service is shut off pursuant to this section, then before such
service shall be restored, the user thereof shall pay a reinstatement fee in the amount as set
forth in appendix B to this Code in addition to any other assessments and charges due. In
addition, and as an alternative means of collecting such assessment, late charges and
penalties, the city shall have a lien on such lot or parcel of land for which the sewer
connection has been made, for which such lien shall be of equal dignity with the lien of
state and county and municipal taxes. Such lien may be foreclosed by the city in the same
manner provided by the laws of the state for the foreclosure of mortgages upon real
estate.
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City of Cape Canaveral
Ordinance No. 23 -96
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SECTION 4. Section 78 -125, Full Payment Required Prior to Issuance of Certificate
or License, Division 3, Impact Fees, is deleted in its entirety, and the following is adopted in lieu
thereof:
Sec. 78 -125. Full payment required prior to issuance of certificate or license.
No certificate of occupancy or city license shall be issued until the impact fee as set
forth in this division has been paid in full.
SECTION 5. Section 78 -128, Change of Use, Division 3, Impact Fees is deleted in its
entirety, and the following is adopted in lieu thereof:
Section 78 -128. Change of Use.
Any structure or use of structure which is modified such that the sewer impact assessment
is greater than the amount for which the initial impact fee was computed, the owner shall be
assessed additional impact fees in accordance with section 78 -121. For any change of use which
increases the original impact fee for which the building was constructed, the owner will be
assessed additional impact fees in accordance with section 78 -121. For any change of similar use
which increases the number of unites (per seat, per worker, per square feet of floor space, etc.)
within the establishment, the owner will be assessed impact fees only on the additional number of
units proposed to be constructed, in accordance with section 78 -121.
SECTION 6. If any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall
be construed to have been a legislative intent to pass this Ordinance without such unconstitutional
or invalid part.
SECTION 7. Any ordinance or resolution, or parts of an ordinance or resolution, in
conflict herewith are repealed.
SECTION 8. This Ordinance shall take effect immediately upon its adoption.
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City of Cape Canaveral
Ordinance No. 23 -96
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ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of
December,, 1.996..
AifEST:
Sandra R®zar,
a._
yCITY CLERK
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John K. Porter, MAYOR
Motion: Randels
FOR
NAME
BRUNS X
HERNANDEZ X
PETSOS X
PORTER X
RANDELS X
Second: Bruns
AGAINST
First Reading: November 7, 1996
Posted: November 8, 1996
Published: Novemeberl5, 1996
Second Reading: December 3, 1996