HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-003CITY OF TAMARAC, FLORIDA
ORDINANCE NO.2013-
03
Temp. Ordinance # 2271
February 26, 2013
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 5
"BUILDING AND BUILDING REGULATIONS" OF THE
CODE OF ORDINANCES OF THE CITY OF TAMARAC BY
AMENDING ARTICLE 1, ENTITLED "GENERAL,"
SECTION 5-1, ENTITLED "BUILDING DEPARTMENT
PERMIT FEES;" PROVIDING FOR A REFUND POLICY;
AMENDING ARTICLE II, ENTITLED "BUILDING
STANDARDS" BY REPEALING SECTION 5-34,
ENTITLED "INTERIM SERVICES AND FACILITIES
FEES;" PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 5 of the Code of Ordinances of the City of Tamarac
establishes regulations governing Buildings and Building Regulations; and
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WHEREAS, the City has an expectation that when a permit is issued, the work
for which the permit was issued will be performed, and
WHEREAS, the City Building Department invests considerable time and
resources in reviewing plans and permit applications prior to issuance of permits; and
WHEREAS, the City Building Department has determined that any refunds
issued when a decision is made not to proceed following the issuance of any permit
should only be made for those requests received within 30 days of the issuance of the
permit; and
WHEREAS, interim services fees have been determined to be unconstitutional
by the Florida Supreme Court; and
WHEREAS, the City Commission deems the amendments to Chapter 5 Building
and Building Regulations to be in the best interests of the health, safety, and welfare of
the citizens and residents of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
Section 2. The City Commission of the City of Tamarac, Florida hereby amends
Chapter 5 of the City Code of Ordinances, entitled "Buildings and Building Regulations",
by amending Section 5-1, entitled "Building department permit fees" as follows:
Sec. 5-1. - Building department permit fees.
(a) The city commission shall have the power and the duty to review, alter, add to,
modify, deduct from or in any way change any fees or any g on an categories schedule
Y
of building permit fees in existence or to be in existence by a resolution adopted by the
city commission. Commencing on October 1, 2009, and effective on October 1, of each
year thereafter, all building department permit fees then in effect shall be adjusted
automatically, without further action by the city commission, by the greater of three (3)
percent or the U.S. Consumer Price Index as determined in June of the calendar year of
adjustment. Every two years, the city manager, or his designee, shall review the effects
of inflation and other costs, such as labor and materials, to determine whether the
building .permit fees require further adjustment, with the first such fee adjustment to be
effective beginning October 1, 2010.
(b) The building department of the city is instructed to collect the fees as established
by resolution of the city commission for the obtaining of certain structural, plumbing,
electrical and mechanical permits required to be issued prior to the initiation of
construction, development or other improvements.
Lcl Refund policy. There are no refunds for plan processing fees. All other fees
charged ursuant to this section shall only be refunded to an applicant u on re uest
made in writing within 30 days of the issuance of a permit, or, -in the alternative the
applicant shall be entitled to a credit, that must be used within 90 days after the
issuance of a permit that is cancelled, against the fee for another permit_
Section 3. That Chapter 5, entitled "Buildings and Building Regulations", Section
5-34 Interim services and facilities fee of the Code of Ordinances of the City of Tamarac is
hereby repealed in its entirety.
Section 4. It is the intention of the City Commission of the City of Tamarac that
the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may
be renumbered, re -lettered and the word "Ordinance" may be changed to "Section",
,
"Article" or such other word or phrase in order to accomplish such intention.
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CODING: Words in 6brike., th,re.1,6,1914 type are deletions from existing law;
Words in underlined type are additions.
Section 5. If any clause, section, or other part or application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the remaining portions or applications remaining in full force and effect.
Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
conflict.
Section 7. This Ordinance shall become effective on immediately upon adoption,
as provided by Florida law.
PASSED, FIRST READING this 6� , day of
PASSED, SECOND READING this day c
ATTEST:
PAT TUEFEL, 9P
INTERIM CITY C
"1%ftvI
LERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
la
SAPbIUEL S. Gp'REN
CITY ATTORNEY
BY:
A WJ--'/ , 2013.
09
)f )2013.
"I I e4 04e
MAYOR BETH TALABISGO
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: V/M DRESSLER
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: V/M DRESSLER
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CODING: Words in type are deletions from existing law;
Words in underlined type are additions.