04-026ORDINANCE NO. 0 04- O ~1,(~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 13, "LICENSES," ARTICLE I,
"OCCUPATIONAL LICENSES" OF THE CODE OF
ORDINANCES TO AMEND SECTION 13-7,
"APPLICATION AND REAPPLICATION FEES,"
PROVIDING FOR ADDITIONAL INSPECTION FEES IF
ADDITIONAL INSPECTIONS WARRANTED BY THE
APPLICANT'S PROPOSED USE OF PROPERTY;
AMENDING SECTION 13-25, "BUSINESSES THAT
HANDLE HAZARDOUS MATERIALS OR WASTE" OF
THE CODE OF ORDINANCES, PROVIDING FOR
DEFINITIONS AND PERMITTING; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach is in the process of reviewing and revising
Chapter 9 of its Code of Ordinances pertaining to the inspection of land uses associated with
toxic and hazardous substances; and
WHEREAS, the City is also reviewing and revising its Land Development Regulations
regarding the environmental review and inspection of land uses situated within the corporate
boundaries of the City of Boynton Beach; and
WHEREAS, in conjunction with the revisions proposed to Chapter 9 of the Code of
Ordinances and to the Land Development Regulations, it is necessary to revise Section 13-7 of
the Code of Ordinances to provide for inspection fees when disciplines and expertise outside of
occupational licensing is required to review a proposed use, and to provide for the annual
inspections of businesses engaged in the use, handling, generation, storage, or display of
hazardous materials, hazardous waste, or toxic substances; and
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WHEREAS, Section 13-25 of the Code of Ordinances also requires amendment to
require an annual Hazardous Material Disclosure Toxic Substance Permit, rather than successful
completion of the process of environmental review, for all businesses that use, handle, store,
generate, or display hazardous materials, hazardous waste, or toxic substances; and
WHEREAS, in order to cover the costs of necessary annual inspections and
administrative review of businesses and occupations required to secure a Hazardous Material
Disclosure Toxic Substance Permit, city staff recommends that an annual inspection fee of
$25.00 be charged to such businesses or occupations, this fee having been found to presently
cover the cost of such inspections and administration of toxic substance permit program; and
WHEREAS, at its meeting of March 23, 2004, the City of Boynton Beach Planning and
Development Board approved the abolition of the Environmental Review Committee and the
process thereunder in favor of a City staff-level review of the various disciplines and approved
the concepts provided for in this Ordinance; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida upon
recommendation of staff and the Planning and Development Board, has determined that it is in
the best interests of the citizens and residents of the City to amend the Code to remove the
Environmental Review Committee from the development approval process without
compromising the necessity or the requirement of City staff review.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 13, "Licenses," Section 13-7, "Application and reapplication
fees," of the Code of Ordinances of the City of Boynton Beach is hereby amended to state as
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follows:
Sec. 13-7. Application and reapplication fees.
(a) Prior to the issuance of an occupational license a person shall file an
application with the city. The application shall be on a form prescribed by the city and
shall be filed together with such other documentation as hereinafter set or as required by
state law. The form shall require disclosure of the Federal Identification Number or
Social Security number of the person to be licensed.
(b) Each new application for an occupational license shall be accompanied by
an application filing fee in the amount of forty dollars ($40.00), which shall cover the
occupational license inspections and review to be undertaken by the city zoning and
license manager. Should additional inspections for environmental, fire, or otherwise, be
necessary_ due to the proposed use, the applicant shall pay for such inspections at a rate of
twenty-five dollars per hour ($25.00/hour) per discipline, not exceeding a total of two
hundred dollars ($200.00). In the event an application is denied due to failed inspections,
the application may, upon payment of a reinspection fee of ten dollars ($10.00) per
reinspection, be reconsidered.
Section2. That Chapter 13, "Licenses," Section 13-25, "Businesses that handle
hazardous materials or waste," of the Code of Ordinances of the City of Boynton Beach is hereby
amended to state as follows:
Sec. 13-25. Businesses that handle hazardous materials or waste.
All businesses which would be located within the city shall state, as part of the
occupational license application, whether the business would use, handle, store, generate,
or display hazardous materials~ ~ hazardous waste, or a toxic substance, as the
same are defined by 40 Code of Federal Regulations, Part 261~; or the Florida Substance
List as set forth in Rule 4A-62.004, Florida Administrative Code, in which case the
~...o~ ..... h., ....~- ;~ a City r~., ........ ' Review Fire Department Hazardous Material
Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code.
Section 3. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
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Section 4. Authority is hereby granted to codify said ordinance.
Section 5. This ordinance shall become effective immediately upon passage.
FIRST READING this "/ day of ~~L~, 2004.
SECOND, FINAL READING AND PASSAGE this 60 day of
!
2004.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Clerk
(CORPORATE SEAL)
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