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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-035Proposed by: Introduced by: ��d Temp. # S(?O CITY OF TAMARAC, FLORIDA ORDINANCE NO. 7(Q-3d AN ORDINANCE DECLARING AND ESTABLISHING THAT THE TERMS AND CONDITIONS OF BROWARD COUNTY ORDINANCE NO. 76-10, ENACTED MARCH 2, 1976, WHICH ORDINANCE PURPORTS TO AMEND SECTION 3 OF CIIAPTER 71-575, LAWS OF FLORIDA, SPECIAL ACTS OF 1971, ADOPTING THE SOUTH FLORIDA BUILDING CODE, AS AMENDED BY CHAPTERS 72-482, 72-485, 73-4271? 74-435, 74-437, 74-448, LAWS OF FLORIDA SPECIAL ACTS, AND WHICH ORDI- NANCE PURPORTS TO ADD NEW SECTONS TO THE SOUTH FLORIDA BUILDING CODE, WHICH SAID NEW SECTIONS, AMONG OTHER MATTERS ADDRESSED, PURPORT TO AUTHO- RIZE AND EMPOWER THE BOARD OF RULES AND APPEALS TO ESTABLISH FROM TIME TO TIME FEES AND CHARGES TO BE COLLECTED FROM THE VARIOUS AUTHORITIES WITHIN BROWARD COUNTY WHICH ARE SUBJECT TO THE SAID ACT, AS AMENDED, AND THE SOUTH FLORIDA BUILDING CODE, FOR TIIE USE AND BENEFIT OF THE BOARD OF RULES AND APPEALS, SHALL NOT BE APPLICABLE AND EFFECTIVE WITHIN THE CITY OF TAMARAC, FLORIDA; DECLARING THAT THE TERMS AND CONDITIONS OF THE RESOLUTION OF THE BOARD OF RULES AND APPEALS ADOPTED JUNE 2, 1976, AND EFFECTIVE JULY 1, 1976, RELATING TO -THIS MATTER, SHALL ACCORDINGLY AND LIKEWISE NOT BE APPLICABLE WITHIN THE CITY OF TAMARAC; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 2, 1976, the Broward County Commission passed an emergency ordinance which purports to amend Section 3 of Chapter 71-575, Laws of Florida, as amended, which law adopted the South Florida Building Code; and WHEREAS, on June 2, 1976, the Board of Rules and Appeals did pass a Resolution pursuant to the purported authority of County Ordinance 76-10, which Board Resolution does attempt to require the various enforcing authorities in the Municipalities of Broward County to collect from each permitee to whom a building permit is issued under the applicable provisions of the South Florida Building Code, a fee, in addition to all other fees, equal to 25¢ per each $1,000 in total construction costs for the construction to be accomplished under any permit; these fees to be collected 1 1 1 by the City building department and remitted to the Revenue Collection Division of Broward County, said fees to be used for the benefit of the Board of Rules and Appeals in effectuating the program provided for in Broward County Ordinance #76-10, and providing that each enforcing authority may retain from the total. fees collected, an amount equal to 30 of the total collected to compensate the collecting authority for its services and costs in collecting and remitting said fees to Broward County; and WHEREAS, pursuant to Article 8, Section 1 (g) of the Constitution of the State of Florida and pursuant to Section 8.04 of the Charter of Broward County, Florida, except in specific limited areas of concern wherein, pursuant to general or special law or the County Charter, the County Government has exclusive or special power to control, govern or legislate, County ordinances in conflict with Municipal ordinances are not effective within the Municipality to the extent of such conflict; and WHEREAS, without the enabling enactment of the Broward County Commission, the Board of Rules and Appeals Resolution would otherwise be an unlawful and unenforceable enactment, same being without authority of law; and, WHEREAS, notwithstanding the above, the City of Tamarac takes the position that, even in conjunction with said Broward County Ordinance, the attempted action by the Board of Rules and Appeals in attempting to establish and collect said fees and charges pursuant to the subject Board of. Rules and Appeals Resolution is without authority of law; and WHEREAS, the City Council of the City of Tamarac is therefore desirous of passing an Ordinance which shall be in conflict with County Ordinance #76-10, and further providing that Broward County Ordinance #76-10 shall not -2- be applicable or enforced within the City of Tamarac, Florida, and likewise declare that the above described Resolution of the Board of Rules and Appeals shall not be enforced or com- plied with by the City of Tamarac, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the terms and conditions of Broward County Ordinance #76-10, enacted March 2, 1976, which ordinance purports to amend Section 3 of Chapter 71-575, Laws of Florida, Special Acts of 1971, adopting the South Florida Building Code as amended by Chapter 72-482, 72-485, 73-42711 74-435, 74-437, 74-448, Laws of Florida, Special Acts, and which Ordinance purports to add new sections to the South Florida Building Code, which said new sections, among other matters addressed, purport to authorize and empower the Board of Rules and Appeals to establish from time to time, fees and charges to be col- lected from the various authorities within Broward County which are subject to the said act, as amended, and the South Florida Building Code, for the use and benefit of the Board of Rules and Appeals, shall not be applicable or enforced within the City of Tamarac, nor shall the terms and conditions of the Resolution of the Board of Rules and Appeals adopted June 2, 1976, pursuant to the enabling Broward County Ordinance aforesaid, be applicable or en- forced within the City of Tamarac, Florida. SECTION 2: This Ordinance shall take effect immediately upon adoption. PASSED FIRST READING this ^day of 1976 ONE 1 1.1 PASSED SECOND READING thi 1976. ATTEST: VpTE F. MAYOR'A!. C I LE VIM p�A;SARO H. � �wki elm 0. I HEREBY CERTIFY that I CIM M. V[JNB�RGIR have a roved the form PP and correctness of this ORDINANCE �. 0 N -4-