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
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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
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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
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PASSED SECOND READING thi
1976.
ATTEST:
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