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Cape Council to hold public hearing on proposed city code compliance changes

By MEGHAN BRADBURY - | Apr 2, 2024

Cape Coral City Council will hold a public hearing today for code compliance changes that includes civil fines and fees for those who request a special magistrate to appeal.

Ordinance 19-24 would amend the city’s code of ordinances that prohibit conditions on private real property. The “amendment would allow for the issuance of a notice of violation with a civil fine for violations,” for violations that include obnoxious growth, refuse and litter; dangerous building or structure; stagnant water; sidewalk repair and storage of junk.

Someone served with the notice of violation would either need to pay the civil fine or request an administrative hearing before a special magistrate to appeal within 10 days of the notice.

A separate resolution calls for a $250 “appeal fee” when requesting a hearing before the Special Magistrate to appeal a notice of violation. The fee would be re-funded if the “named violator” wins the appeal.

“In the event the violator does not request an administrative hearing before the special magistrate within such 10 days period, the city may take any and all necessary actions to remediate the violation and bring the property into compliance and charge the violator with the reasonable cost of the repairs or the reasonable cost for removing or correcting the violation, among with the civil fine imposed pursuant to this section,” the ordinance stated.

The first penalty would be $150, second violation within one year $500, third violation within one year $1,000 and fourth violation within one year would be $2,000.

Council also will hold its first public hearing, after 5:05 p.m., for the moratorium for self-storage and car wash facilities.

Ordinance 15-24 states that “in order to prevent the proliferation of self-storage facilities consuming essential commercial property, too fast, in close proximity to one another, it is necessary to study the issue to determine the numbers and locations that are appropriate to the city.”

According to the ordinance there is an estimated 1.5 million square feet of existing self-storage space in the Cape with an additional 1.6 million square feet in the permitting process or under construction.

Ordinance 16-24 states that there are 16 standalone car wash facilities in the city with another nine accessory car wash facilities where fuel is also available. There are an additional 12 standalone car wash facilities in permitting, or under construction in the city.

Consent agenda

Among the consent agenda items, which automatically pass as a whole unless pulled for discussion, is resolution 96-24, which is a recap of items presented to the Council, who provided direction, at the Feb. 28 and March 13 workshop.

The Feb. 28 items include:

Quarterly Parks Go Bond report – Council requested to add a fee structure at Lake Kennedy for a future discussion and provide Gantt Chart for Yellow Fever Creek

Quarterly Capital Improvement Projects update for CIP – a N6 timeline for area relief, D&D updates for one-on-one meetings, Skate Park timeline; CA to provide wave pool contractual commitment and schedule a joint meeting for City Council, Charter School Governing Board and stakeholders regarding Oasis Athletic Field and public works includes CA to follow up with county on anchoring limitation interlocal agreement status

Quarterly Communications report – 311 details as to why District 6 has higher totals compared to other districts

Quarterly Economic and Business Development Report – the city to request that Lee County Visitors Convention Bureau to add a webcam at Sun Splash and east entry visual improvements as when people travel into Cape Coral

Boat Canopy to be brought back for further discussion

The March 13 items include:

Animal Shelter Land Acquisition and Financial Assistance Request – majority of Council was in favor of adding adjacent city-owned property and covering construction related permit fees for the construction of the second building.

Yacht Club and Master Plan Architectural and Floor Plan – majority of Council agreed on the first option. A follow up will come before the council in May at a workshop before it appears on an ordinance at a regular meeting.

The City Council meeting will be held at 4:30 p.m., April 3, in Council Chambers, 1015 Cultural Park Blvd. The meeting is open to the public.