HomeMy WebLinkAboutOrdinance No. 19-1973MICROFILMED 3 -14-80
ORDINANCE NO. 19 -73
AN ORDINANCE ESTABLISHING A FEE TO BE KNOWN AS
THE "INTERIM PROPRIETARY SERVICES FEE" TO BE
CHARGED FOR NON - REIMBURSED CITY SERVICES PRO-
VIDED TO IMPROVE PROPERTY DURING THE INTERVAL
BETWEEN THE ISSUANCE OF A CERTIFICATE OF
OCCUPANCY AND THE ENSUING JANUARY 1.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Fee Established. A fee to be known as the
"Interim Proprietary Services Fee" is hereby established.
SECTION 2. Purposes. It is recognized that the cost to
the City of Cape Canaveral of providing trash and garbage collection is
paid by the ad valorem tax revenue of the City. During the period between
the time a certificate of occupancy is issued and the time the improvements
on property are placed on the tax rolls on the ensuing January 1st, the City
is obligated to provide trash and garbage service, as well as providing
other direct services to improved property and the occupants thereof for
which no part of the cost of such direct services is received by the City.
The purpose of the Interim Proprietary Services Fee, therefore, is to de-
fray the cost to the City of Cape Canaveral of providing direct services to
improved property prior to the imposition of ad valorem taxes on such
improvements, and is not intended as an ad valorem tax.
SECTION 3. The fee levied on certain properties. The Interim
Proprietary Services Fee shall apply to those properties issued a
certificate of occupancy either permanent or temporary for full or partial
use of the premises and shall be paid from the first day of the month
following the date upon which such certificate of occupancy is issued
until the ensuing January 1st.
SECTION 4. Fee: when paid. The entire Interim Proprietary
Services Fee in full shall be paid upon the issuance of a certificate of
occupancy, and the certificate of occupancy shall not be issued until the
Interim Proprietary Services Fee has been paid. Where a certificate of
occupancy has issued prior to the collection as herein provided, the City
MICROFILMED 3.1440
shall forward a bill for the fee required to the owner or user of the premises
and payment shall be made within thirty (30) days after such billing.
SECTION 5. Rate. The Interim Proprietary Services Fee shall be
"PLUS ACTUAL CONTAINER CHARGES BILLED TO THE CITY BY THE GARBAGE
$4.00 per unit per month/from the first day of the month following the date SERVICE
OPERATOR"
of the issuance of the certificate of occupancy. For the purposes of this
Ordinance, a "Unit" shall be defined as a single - family residence; each
living unit of a townhouse, duplex, or multiple- family dwelling; a ware-
house bay; a single - tenant industrial space; a retail store; or a single -
tenant space in an office building. For other uses, or when the interior
of a non - residential building is not fully subdivided into individual tenant
spaces at the time a certificate of occupancy is first issued, a "unit" for
the portion not finally divided shall be calculated by determining the
occupant load as shown in the Southern Florida Building Code biscadd on
4.3 persons for each unit.
SECTION 6. Severability. If any word, clause, phrase, sentence,
paragraph or section of this Ordinance is held to be invalid by a court of
competent jurisdiction, such declaration of invalidity shall not affect any
other word, clause, phrase, sentence, paragraph or section of this
Ordinance.
SECTION 7. All ordinances or parts of ordinances in conflict
herewith or inconsistent herewith are hereby repealed, but only insofar as
such ordinances may be inconsistent or in conflict with the provisions of
this Ordinance.
SECTION 8. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida,t� day of JUN I , 1973.
i
proved as to form:
%A. OD `, � City Attorney
FIRST READING: MAY 15,1973 POSTED: MAY 16,1973 SECOND R NG: JUNE 5, 1973
tr ti AMENDED ON SECOND READING