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HomeMy WebLinkAboutOrdinance No. 01-1993ORDINANCE NO. 01 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 265 OF THE CITY CODE OF ORDINANCES; ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162, FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that: SECTION 1. Chapter 265, Code Enforcement Board, of the Code of Ordinances of the City of Cape Canaveral, Florida is repealed in its entirety and re- enacted as follows: CHAPTER 265 CODE ENFORCEMENT BOARD Sec. 265.01 Code Enforcement Board Created. A Code Enforcement Board is hereby established pursuant to the authority granted by Chapter 162, Florida Statutes, or any successor statute. Sec. 265.03 Membership. The City Council shall appoint members of the Code Enforcement Board in accordance with the terms of Section 162.05, Florida Statutes or any successor statute. Sec. 265.05 Duties, Responsibilities and Powers. The Code Enforcement Board shall have duties, responsibilities and powers as set forth, and shall be governed in all respects, by Chapter 162, Florida Statutes, or any successor statute, and shall have the power to hear appeals as otherwise set forth in the City Code of Ordinances. Sec. 265.07 Prosecution of Violations with No Criminal Penalty. Any violation of the City Code of Ordinances which the City elects to prosecute before the Code Enforcement Board shall have no criminal penalty as to said violation. SECTION 2. If any section, subsection, sentence, clause, paragraph, phrase, or word of this Ordinance is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 3. All Ordinances or portions of Ordinances in conflict herewith are hereby repealed. SECTION 4. The effective date of this Ordinance shall be immediately upon adoption. City of Cape Canaveral, Florida Ordinance No. 01 -93 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of February 16 , 1993. J ATTEST: . Salamone, MAYOR First Reading 2/2/93 Posted: 2/4/93 Advertised: 2/6/93 Second Reading: 2/16/93 1