HomeMy WebLinkAboutOrdinance No. 28-1993NOTE: ORDINANCE NO. 28 -93, MOTION FOR FIRST
READING FAILED BY 4 TO 0 VOTE AT REGULAR CITY
COUNCIL MEETING HELD ON AUGUST 3, 1993.
ORDINANCE NO. 28 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 703,
LOT CLEARING, OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL; BY REPEALING AND RE-
ENACTING SECTION 703.07 TO GRANT THE CODE
ENFORCEMENT BOARD JURISDICTION TO HEAR AND
DECIDE CASES RELATING TO LOT CLEARING; BY
REPEALING SECTION 703.09; BY AMENDING SECTION
703.11 TO PERMIT THE CITY TO CLEAR LOTS AFTER
THE CONCLUSION OF A CODE ENFORCEMENT BOARD
PROCEEDING; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES
AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 703.07 of the Code of Ordinances of the
City of Cape Canaveral is repealed and re- enacted to read as
follows:
Sec. 703.07 Enforcement
In the event the property owner fails to comply with the
notice specified in Section 703.05 within the time provided
therefor, the Code Enforcement Officer may initiate an action
with the Code Enforcement Board which shall have the authority
to enforce the provisions of this Chapter.
SECTION 2. Section 703.09 of the Code of
City of Cape Canaveral, Brevard County, Florida
SECTION 3. Section 703.11 of the Code of
Ordinances of the
is repealed.
Ordinances of the
City of Cape Canaveral, Brevard County, Florida is repealed and re-
enacted as follows:
Sec. 703.11 Remedy by city.
A. If, within twenty (20) day after mailing of the
notice, no hearing has been rcquc3tcd and the
condition described in the notice ha3 not bccn
remedied, the City Manager Shall cause the
condition t,. Im: -remedied by t
of thc property owner. If a hearing has been held
and ha3 concluded adversely to the property owner,
thc City Manager shall cauac thc condition to be
vry aaa.a •
B. After causing the condition to be remedied, the
City Manager shall certify to the City Treasurer
the expense incurred in remedying the condition and
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City of Cape Canaveral, Florida
Ordinance No. 28 -93
Page 2
shall include a copy of the notice prcviouoly
dc3cribcd and a copy of thc decision, if any, where
upon such expense shall become payable within
thirty (30) days, after which a special a33ceament
lien and charge will be made upon thc property,
eight perccnt (8%) per annum from the datc of such
certification until paid.
C. Such lien shall be enforceable in the same manner
as a tax lien in favor of the City and may be
satisfied at any time by payment thereof, including
accrued interest. Upon such payment, the clerk of
the circuit court shall, by appropriate means,
evidence the satisfaction and cancellation of such
lien upon the record thereof and notify the tax
collector of such satisfaction. Notice of such
lien may be filed in the office of the clerk of the
circuit court and recorded among the public records
of Brevard County, Florida.
SECTION 4. Severability. 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 5. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 6. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County, Florida
this day of , 1993.
ATTEST:
Faith G. Miller, CITY CLERK
APPROVED AS TO FORM:
John R. Kancilia, CITY ATTORNEY
Joy C. Salamone, MAYOR