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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-003CITY OF TAMARAC, FLORIDA ORDINANCE NO.2013- 03 Temp. Ordinance # 2271 February 26, 2013 Page 1 of 3 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 r 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. Page 2 of 3 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 Page 3 of 3 CODING: Words in type are deletions from existing law; Words in underlined type are additions.