14-018 1 1 ORDINANCE 14 -018
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
3 OF BOYNTON BEACH, FLORIDA, AMENDING PART II,
4 CHAPTER 13, ARTICLE I OF THE CODE OF ORDINANCES
5 ENTITLED `BUSINESS TAX RECEIPTS AND CERTIFICATES
6 OF USE" TO PROVIDE FOR THE USE OF SPECIAL
7 MAGISTRATES FOR BUSINESS TAX RECEIPT APPELLATE
8 MATTERS; TO PROVIDE FOR A DEFINITION OF SPECIAL
9 MAGISTRATES; TO PROVIDE FOR ANY AMENDMENTS TO
10 CHAPTER 205, FLORIDA STATUTES; TO PROVIDE FOR
11 , VIOLATION OF THIS CHAPTER MAY BE BROUGHT AS A
12 CODE VIOLATION; MODIFY WHEN THE DIRECTOR OF
13 ' DEVELOPMENT SHALL ISSUE A BUSINESS TAX RECEIPT;
14 TO PROVIDE FOR METHODS OF ENFORCEMENT; TO
15 PROVIDE FOR WHEN THE DIRECTOR OF DEVELOPMENT
16 MAY REVOKE, REFUSE OR DENY ANY CERTIFICATE OF
17 USE OR BUSINESS TAX RECEIPT; TO PROVIDE FOR ANY
18 SPECIAL MAGISTRATE OF THE CITY TO HEAR APPEALS
19 OF THE DIRECTOR OF DEVELOPMENT DETERMINATIONS
20 REGARDING BUSINESS TAX RECEIPTS; PROVIDING FOR
21 CODIFICATION; SEVERABILITY; AND AN EFFECTIVE
22 DATE.
23
24 WHEREAS, the City of Boynton Beach ( "City ") has home rule authority
25 pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida
26 Statutes, to provide for enforcement of violations of the City's Code of Ordinances
27 and other violations of law through the use of Special Magistrates; and,
28 WHEREAS, Part II, Article V, Section 2 -82 of the City's Code of Ordinances
29 permits Special Magistrates, designated by the Commission, to hold hearings and
30 assess fines against violators of the City's Code; and,
31 WHEREAS, the City wishes to modify its Code to expand the use of Special
32 Magistrates in the enforcement of the City Code; and,
33 WHEREAS, the City wishes to provide for when the Director of
34 Development, otherwise known as the Director of the Development Services Division,
1 must issue a Business Tax Receipt and when the Director of Development may revoke
2 or refuse to reissue, renew, or transfer a Business Tax Receipt; and
3 WHEREAS, the City wishes to have the City's Special Magistrates hear any
4 appeals of the Director of Development's determinations pertaining to the issuance,
5 reissuance, transfer, or revocation of a Business Tax Receipt; and
6 WHEREAS, the City wishes to provide for Certificates of Use and Occupancy
7 and require inspections to ensure that all businesses and rental properties comply with
8 all applicable City and State application, regulations, codes, licenses, and zoning
9 requirements.
10 WHEREAS, the City Commission of the City of Boynton Beach finds it is in
11 the best interest of the City to adopt an ordinance to provide for these amendments to
12 Part II, Chapter 13, Article I of the Code of Ordnances Entitled "Business Tax
13 Receipts and Certificates of Use" and provide for any changes to Chapter 205, Florida
14 Statues, as may be amended from time to time.
15 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
16 BOYNTON BEACH, FLORIDA:
17 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
18 confirmed as being true and correct and are hereby made a specific part of this
19 Ordinance upon adoption hereof, as if fully set forth herein.
20 Section 2. Part II, Chapter 2, Article V of the Code of Ordinances of the
21 City of Boynton Beach, entitled "BUSINESS TAX RECEIPTS AND
22 CERTIFICATES OF USE" shall be amended as follows:
1 I ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE
2 AND OCCUPANCY
3 Sec. 13 -1. Purpose; imposition and levy of tax
4 The governing body of Boynton Beach hereby establishes the City of Boynton
5 : Beach Business Tax Receipt Code and levies a Business Tax Receipt tax for the
6 privilege of engaging in or managing any business, profession or occupation within its
7 jurisdiction, pursuant to Chapter 205, Florida Statutes, as amended from time to time.
8 The Business Tax Receipt tax is levied on:
9 (1) Any person who maintains a permanent business location or
10 branch office within the municipality, for the privilege of engaging in or managing
11 any business within its jurisdiction.
12 (2) Any person who maintains a permanent business location or branch office
13 within the municipality, for the privilege of engaging in or managing any profession or
14 occupation within its jurisdiction.
15 (3) Any person who does not qualify under subsection (1) or subsection (2)
16 and who transacts any business or engages in any occupation or profession in
17 interstate commerce, if the Business Tax is not prohibited by Sec. 8 of Article 1 of the
18 United States Constitution.
19 (4) Any person applying for or renewing a local business tax receipt for a
20 business tax to practice any profession regulated by the Florida Department of
21 Business and Professional Regulation, or any board or commission thereof, must
22 exhibit an active state certificate, registration, or license, or proof of copy of the same,
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1 and a current use and occupancy certificate for the location associated with the
2 business activity before a local business tax receipt may be issued.
3 Sec. 13 -2. Definitions.
4 For the purpose of this chapter, the following words shall have the meaning
5 ascribed to them in this section, unless the context requires otherwise:
6
7 As used in this article:
8
9 Certificate of Use and Occupancy. An . inspection method by
10 which the city documents the existing conditions of a property; identifies any non -
11 conformities to be addressed by occupant /owner; establishes current land use and
12 zoning; and grants approval to occupy a given location for specified uses.
13 Local Responsible Party. The property owner of any property being offered
14 for rent or rented shall be the Local Responsible Party. The property owner may
15 designate a licensed property management company or other individual to act on the
16 p ropert y owner's behalf, but the property owner shall remain responsible for the
17 actions or omissions of its designee. The local responsible party, if an individual shall
18 reside in Miami -Dade, Broward, Palm Beach, Martin or Indian River County.
19 Special Magistrate. Special Magistrate shall mean any of the City's Special
20 Magistrates appointed by the City Commission to conduct hearings pursuant to the
21 City Code and Florida Statutes. Except for Board voting requirements, any reference
22 in the City's Code to "Code Enforcement Board" shall include Special Magistrate(s).
23 Sec. 13 -3. Conflict with statute.
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1 The regulation of Business Tax Receipts shall be administered in accordance
2 1 with this chapter and with Chapter 205.013 205.1973, Florida Statutes, as amended
3 from time to time. In the event of any conflict between this Business Tax Receipt
4 ., .. _ - - e . • . • _ Ilk • ■ - . . - e
5 ` . .
6 shall control.
7 i Sec. 13 -4. Classification and Fee Schedule.
8 Furthermore, no Business Tax Receipt shall be required for coin - operated machines
9 where the vending machines are owned and operated by charitable or benevolent
10 nonprofit organizations and where the entire proceeds of such machines are used
11 solely for recognized charitable or benevolent purposes. No Business Tax Receipt
12 shall be required for the operation of any machines where such machines are owned
13 by a person who is otherwise issued a Certificate of Use and Occupancy by the city,
14 and such machines are located and operated at the owner's regular place of business.
15 ...
16 Business Tax Receipts Procedure:
17 Every rental unit used for residential living purposes in the city must have a Certificate of
18 Use of Occupancy and unless otherwise exempt, must be issued a Business Tax Receipt. This
19 includes rental property four units or less, including single family residential rentals,
20 condominiums, and mobile homes.
21 ...
22 Whenever a rental property is sold or otherwise changes ownership, the new owner must do
23 the following:
1
1 (1) Apply for a new Certificate of use Use and Occupancy and rental Business Tax
2 Receipt;
3 ...
4 NOTE: Fees may change from time to time by Ordinance of the City Commission. The
5 i application for Certificate of Use and Occupancy and information forms for rental Business
6 Tax Receipts are available on line at the city's website and at the Development Services
7 Division of City Hall, 100 East Boynton Beach Boulevard. It should be noted that post office
8 boxes are not acceptable addresses for mailing purposes, and actual street addresses are
9 required on the application.
10 Designation of resident agent: No Certificate of Use and Occupancy and Business Tax
11 Receipt shall be issued by the city for a rental dwelling located on a rental premises unless the
12 applicant therefor designates in writing to the city the name, address, and local telephone
13 number of the owner or resident agent to receive service of notice of violation of this Code.
14 The owner may designate as his or her resident agent any natural person eighteen (18) years
15 of age or older who is customarily present at a business location within the city for the
16 purposes of transacting business, or who actually resides within the city. An owner may
17 change his or her designation of a resident by notifying the city in writing of the name,
18 address, and local telephone number of the person designated by the owner to replace the
19 previous resident agent. Any notice of violation or legal process which has been delivered or
20 served upon the previous resident agent prior to the receipt of the city of notice of change of
21 the resident agent shall be deemed effective service. It shall be the sole responsibility of the
22 owner to appoint a reliable resident agent and to inform the resident agent of his correct
23 mailing address. Failure to do so shall be no defense to a violation of this Code. No owner
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1 ' shall designate as a resident agent any person who does not expressly comply with the
2 provisions of this section.
3 ...
4 A floor plan showing square footage of building, indicate portion to be allotted for this use
5 and seating chart if applicable, plus a site plan to show the off - street parking, shall be
6 submitted for review with the Certificate of Use and Occupancy application and filing fee.
7 Sec. 13 -5. Provision for unlisted businesses or occupations.
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8 All businesses must obtain a Certificate of Use and Occupancy prior to operating within the
9 city. The city may hereinafter classify and issue Business Tax Receipts for businesses or
10 occupations not specifically listed herein. The city shall establish a classification for new
11 businesses or occupations in accordance with the United States Standard Industrial
12 Classification of Establishments (SIC). The Business Tax Receipt tax established by the city
13 for any business not specifically listed herein shall be commensurate with the rate structure
14 and classifications set forth in Sec. 13 -4, and shall be established by resolution of the City
15 Commission following application but prior to issuance of a Business Tax Receipt for the
16 unclassified business.
17 Sec. 13 -6 Administrative remedy to challenge classification or fee.
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18 (a) Any person may protest the classification or fee applicable to that person provided:
19 (1) The person has made and filed an application for the issuance of a Certificate of Use
20 and Occupancy and a Business Tax Receipt in accordance with the procedures set forth
21 herein, and
22 (2) The person has paid the application fee, inspection fee or re- inspection fee, when
23 applicable, and
1 (3) The person has received a Certificate of Use and Occupancy and paid the Business
2 Tax Receipt fee requested by the city, and
3 (4) The Business Tax Receipt has been issued.
4 Sec. 13 -7. Application and reapplication fees for Certificate of Use and Occupancy,
5 inspections, and Business Tax Receipt; required for use of any property for commercial
6 or industrial purposes or for residential dwelling rental.
7 (a) Prior to the issuance of a Business Tax Receipt,a person shall file an application for
8 Certificate of Use and Occupancy with the city. The application shall be on a form
9 prescribed by the city, and shall be filed together with such other documentation as
10 hereinafter set or as required by state law. The Business Tax Receipt portion of the
11 form shall require disclosure of the Federal Identification Number or Social Security
12 number of the person to be licensed.
13 b) Each new application for a Certificate of Use and Occupancy shall be accompanied by an
14 application filing fee set by the City Commission by resolution, which shall cover the
15 Certificate of Use and Occupancy review to be undertaken by city zoning, and building
16 division staff. Inspections for environmental, Utilities, Code, Fire, or
17 and other departments, shall be determined by the necessary due to the proposed use, the
18 applicant shall pay for such inspections at a rate of twenty five dollars per hour
19 ($25.00/hour) per discipline set by the City Commission by resolution, not exceeding a total
20 of two hundred dollars ($200.00). In the event an application is denied due to failed
21 inspections, the application may, upon payment of a re- inspection fee of ten dollars ($10.00)
22 per re inspection, be reconsidered. set by the City Commission by resolution„ be
23 reconsidered.
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1 (c) Certificate of Use and Occupancy is renewable each year expiring on September 30
2 with an annual renewal fee set by the City Commission by resolution.
3 (d) It shall be unlawful and a violation of the city code for any person or entity, either
4 directly or indirectly, to conduct or enter into a business, profession, or occupation,
5 including the rental of real property, within the city without first obtaining a Certificate of
6 t Use and Occupancy and being issued a local business tax receipt by the city.
7 (e) If the real property that is to be used for the operation of a business is subject to unpaid
8 city fines, fees or code violation liens the city shall not issue a Certificate of Use and
9 Occupancy or conduct a use and occupancy inspection until such time as all liens, fines
10 or fees on the property are fully paid, including interest due and any assessable costs and
11 until all code violations are brought into compliance.
12 (f) Local Responsible Party Required.
13 (1) Whenever any property is required to have a Certificate Use and Occupancy under
14 this article, the owner shall designate in writing, on a form provided by the city, a
15 local responsible party for contact by city officials relating to the property. The
16 owner shall also provide a valid address and phone number for the local responsible
17 party.
18 (2) The Local Responsible Party under this section must reside within Miami -Dade,
19 Broward, Palm Beach, Martin or Indian River County. Any owner who resides
20 outside of Florida either at the time of applying for a Certificate Use and Occupancy
21 or after having secured such certificate, shall designate a Local Responsible Party
22 that complies with the City Code.
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1 (3) A local responsible party shall have the authority to adequately and timely respond to
2 any code compliance issues that may arise on the subject property and shall be
3 responsible for the care, custody, control and compliance of the rental property. The
4 ' Local Responsible Party may apply for a Certificate Use and Occupancy, Business
5 Tax Receipt, and inspections on behalf of the owner.
6 ' (4) An owner shall notify the Director of Development in writing of any change in the
7 designation of the Local Responsible Party within ten (10) business days of such
8 change.
9 (5) Failure to designate or engage a local responsible party meeting the requirements of
10 this section shall be a violation of the City Code publishable under Chapter 2, Article
11 V of this Code.
12 (g) It is unlawful for a property owner to allow by lease, license, grant or other written or
13 oral agreement, the use of any real property for the operation of a business without a
14 valid and current Certificate Use and Occupancy including required inspection and Local
15 Business Tax Receipt. Violation of this section is violation of the City Code publishable
16 under Chapter 2, Article V of this Code.
17 (h) Only one (1) Certificate Use and Occupancy shall be issued for each parcel of real
18 property as described by the Palm Beach County Property Appraiser's Office through the
19 provision of a property control number. Certificate Use and Occupancy is not
20 transferable.
21 (i) All Certificate Use and Occupancy applications are subject to inspection of the real
22 property being used for the operation of the business by the city. The Certificate Use and
23 Occupancy inspection charges shall be set by resolution of the city commission. If the
1 owner of a dwelling does not reside at the dwelling, and the dwelling is occupied by
2 anyone, including a relative of the owner of the dwelling, there is a presumption that the
3 dwelling is being rented and must have a Certificate Use and Occupancy and a business
4 1 tax receipt. This presumption may be rebutted by the owner of the dwelling applying for
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5 an exemption from the Certificate Use and Occupancy and business tax receipt. The
6 exemption application shall include an affidavit of the owner that all persons residing at
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7 the dwelling are relatives of the owner and that these relatives pay no rent or other
8 consideration for the privilege of living at the dwelling and that the relatives provide no
9 maintenance or other services in return for the right to live at the dwelling. The
10 application fee for the exemption application shall be set by resolution of the city
11 commission and must be obtained every year.
12 Sec. 13 -8. Declaration required where fee depends on variable factors within the
13 applicant's knowledge.
14 Whenever the Certificate of Use and Occupancy or Business Tax Receipt depends upon
15 variable factors, the applicant shall be required by the city to execute an affidavit containing
16 information upon which the Business Tax Receipt fee is calculated. The affidavit shall be
17 completed, executed and returned to the city as a condition precedent to the issuance of a
18 Certificate of Use and Occupancy or Business Tax Receipt or, on request by the city, to the
19 reissuance of an existing Business Tax Receipt. Failure to accurately disclose variable factors
20 shall constitute grounds for the denial of an application or the revocation of an issued
21 Certificate of Use and Occupancy and Business Tax Receipt.
22 Sec. 13 -9. Issuance of Certificate of Use and Occupancy and Business Tax Receipt
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1 (a) Upon receipt of a Certificate of Usc and payment of the required Business Tax Receipt
2 fee, the The Director of Development will shall issue the Business Tax Receipt or Certificate
3 of Use and Occupancy, only if:
4 1. The Director of Development determines the proposed business and location
5 complies with all City zoning codes and ordinances, in additional to all other
6 applicable local, County, State, or Federal ordinances, codes, statutes, or other
7 applicable regulation; and,
8 2. Proof of occupational or professional certification or licensure is provided when
9 such certifications or licenses are required under state law.
10 (b) The mistaken issuance of Certificate of Use and Occupancy or Business Tax Receipt
11 shall not be deemed to be a waiver of any provision of the City Code nor shall the issuance of
12 a Certificate of Use and Occupancy or Business Tax Receipt be construed to be a judgment of
13 the city as to the competence of the applicant to transact business.
14 - {c) No Certificate of Use or Business Tax Receipt shall be issued unless it is found that the
15 proposed business and location comply with all city zoning codes and other applicable city
16 ordinances.
17 (d) No Certificate of Use or Business Tax Receipt shall be issued for an occupation where
18 certification is required under state law unless proof of said certification is provided.
19 Sec. 13 -10. Due dates.
20 Business Tax Receipts and Certificates of Use and Occupancy shall be sold by the city
21 beginning August 1st of each year and are due and payable on or before September 30th of
22 each year and expire on September 30th of the succeeding year; upon transfer to a new owner;
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1 or following approval of a Business Tax Receipts and Certificate of Use of Occupancy
2 applications for a new or relocating business.
3 Sec. 13 -11. Delinquency penalty.
4 Business Tax Receipts that are not renewed when due and payable are delinquent and
5 subject to a delinquency penalty of ten percent (10 %) for the month of October, plus an
6 additional five percent (5 %) penalty for each subsequent month of delinquency until paid,
7 provided the total delinquency penalty may not exceed twenty -five percent (25 %) of the
8 Business Tax Receipt tax for the delinquent establishment.
9 (a) All Certificates of Use and Occupancy and local business tax receipts issued hereunder
10 may be renewed without penalty no later than September 30 by application for the
11 Certificates of Use and Occupancy and local business tax receipt holder. Certificates of
12 Use and Occupancy not renewed by September 30 shall be considered delinquent and
13 subject, respectively, to a delinquency penalty of ten (10) percent of the full year use and
14 occupancy certificate and local business tax receipt fee for the month of October, plus an
15 additional five (5) percent penalty for each month of the delinquency thereafter until paid.
16 The total delinquency penalty shall never exceed twenty -five (25) percent of the full year
17 local business tax receipt fee for the applicant.
18 (b) For the required Certificates of Use and Occupancy inspection, should a property owner
19 fail to accommodate the city's scheduled appointment on two (2) occasions, the owner or
20 Local Responsible Party shall submit a re- application for an inspection.
21 Sec. 13 -12. Transfer of a Business Tax Receipt.
22 (a) Transfer to new owner. Business Tax Receipts may be transferred to a new owner when
23 there is a bona fide sale and transfer of the business and property used in the business. A
1 transferred Business Tax Receipt shall be valid for the same time period and at the same
2 location for which it was originally issued. The original Business Tax Receipt shall be
3 surrendered at the time application for transfer is made. A transferred Business Tax Receipt,
4 after being approved, shall be of the same force and effect as the original Business Tax
5 � Receipt. A person applying for such transfer shall pay to the city a transfer fee of ten percent
6 of the annual license tax, but not less than three dollars ($3.00) nor more than twenty -five
7 dollars ($25.00) and shall present evidence of the sale or transfer of the business. A Certificate
8 of Use and Occupancy shall be required when originally approved equipment is removed or
9 altered, or alterations to floor plan or other building systems occurs. Certificate of Use and
10 Occupancy is not transferable.
11 (b) Transfer to new location Business tax receipts may be transferred from one location to
12 another, subject to receipt of a Certificate of Use and Occupancy, provided no change of
13 ownership has occurred and the business classification in which the Business Tax Receipt was
14 originally issued remains unchanged. A transferred Business Tax Receipt shall be valid for
15 the same time period for which it was originally issued at the new location. The original
16 Business Tax Receipt shall be surrendered at the time application for transfer is made. A
17 transferred Business Tax Receipt, following receipt of a Certificate of Use and Occupancy,
18 shall be of the same force and effect as the original Business Tax Receipt. A person applying
19 for such transfer shall pay to the city the Business Tax Receipt Certificate of Use application
20 filing and inspection fees as listed in Sec. 13 -7 and a transfer fee of ten percent of the annual
21 license tax, but not less than three dollars ($3.00) nor more than twenty -five ($25.00) dollars.
22 Sec. 13 -15. Doing business not covered by Business Tax Receipt; Certificate of Use or
23 Business Tax Receipt obtained by false statements void ab initio.
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1 No Certificate of Use and Occupancy or Business Tax Receipt issued under the provisions
2 of this chapter shall protect any person from prosecution for transacting any business, trade or
3 profession not covered by the Certificate of Use and Occupancy or Business Tax Receipt, or
4 protect any person doing business with a Business Tax Receipt issued upon any false
5 statement of variable factors. Certificate of Use and Occupancy or Business Tax Receipts that
6 are issued based on false statements shall be considered as void ab initio and shall not protect
7 the holder thereof from prosecution for transacting business without a Certificate of Use and
8 Occupancy or Business Tax Receipt. Falsification of information can constitute grounds for
9 revocation of the Certificate of Use and Occupancy and Business Tax Receipt, fef and the
10 City may impose a fine not exceeding five hundred dollars ($500.00), or imprisonment not
11 exceeding sixty (60) days.
12 Sec. 13 -16. Engaging in business without a Business Tax Receipt; penalties; prima facie
13 evidence.
14 . . - - " _ .. .. . -
15 taxable by business tax receipt hereunder without first obtaining a Business Tax Receipt. Any
16 - . , - . - . . . :. - - • . -;
17 - - . :. '- - .. - - o. . .
18 year Business Tax Receipt fee for such trade, in addition to the Business Tax Receipt fee set
19 forth herein.
20 : - : .. . : - . "•:". . -- .. -
21 .. . . .. . . .e .. . .. • :e .. •- . - .. .. •--
22 is operated in violation of this chapter.
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1 (c) In any original prosecution under this section, the fact that such person is open for
2 business, shall be prima facie evidence of engaging in such trade, business, profession or
3 occupation, and the burden shall be upon the defendant to rebut same.
4 (a) It shall be unlawful for any person to engage in any business, profession or occupation
5 required to be certificated and receipted hereunder without a = and required inspection
6 and local business tax receipt or under a Certificate of Use and Occupancy and required
7 inspection and local business tax receipt, conducted and issued upon false statements
8 made by such person, or in his behalf. Any person engaged in any such business,
9 profession or occupation without first obtaining a Certificate of Use and Occupancy and
10 required inspection and local business tax receipt, if required herein, shall pay a penalty
11 of twenty -five (25) percent of the full year certificate and receipt year for such a trade, in
12 addition to obtaining a Certificate of Use and Occupancy fees and business tax fee set
13 forth herein. Such person may also be charged with a criminal penalty as provided in
14 section 1 -6 of the Code of Ordinances.
15 (b) Any person, corporation or partnership which owns real property in the city and which by
16 lease, license, grant or other written or oral arrangement permits any person to operate a
17 business without a valid and current Certificate of Use and Occupancy and local business
18 tax receipt shall be subject to a fine of five hundred dollars ($500.00) per day and or sixty
19 1 (60) days in jail for each day that the business operates on the property without a valid
20 and current Certificate of Use and Occupancy and local business tax receipt.
21 (c) Any person who engages in any business occupation or profession covered by this
22 chapter, who does not pay the required business tax within one hundred and fifty (150)
23 days after the initial notice of tax due, and who does not obtain the required business tax
1 receipt is subject to civil actions and penalties, including court costs, reasonable
2 attorneys' fees, additional administrative costs incurred as a result of collection efforts,
3 and a penalty of two hundred fifty dollars ($250.00).
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4 1 (d) Any person, corporation or partnership who engages in any business occupation or
5 profession covered by this chapter, who does not pay the required Certificate of Use and
6 l Occupancy fee within one hundred and fifty (150) days after the initial notice of fee due,
7 and who does not obtain the required Certificate of Use and Occupancy, shall be subject
8 to a fine of two hundred fifty dollars ($250.00) per day for each day that the business
9 operates on the property without a valid and current Certificate of Use and Occupancy
10 and required inspection beginning on the 151st day.
11 Sec. 13 -17. Methods of enforcement: injunction; code enforcement.
12 (a) The specific penalties and enforcement mechanisms contained within this article are
13 not exclusive remedies and shall not be construed as prohibiting the city from seeking
14 other fines and other remedies authorized by city, state, or common law, either
15 exclusively or simultaneously..
16 (b) Any person subject to and who fails to secure a Certificate of Use and Occupancy and
17 Business Tax Receipt required by this chapter or any other ordinance of the city or law
18 of the State of Florida, shall upon petition by the city be enjoined by the circuit court
19 from engaging in the business in which he has failed to secure said Certificate of Use
20 and Occupancy and Business Tax Receipt, until such time as he shall secure same,
21 including all costs of such action.
22 (c) The City may bring any violation of this Chapter as a City Code violation pursuant to
23 Section 2 -91, of the City Code to the Code Enforcement Board or Special Magistrate.
1 Sec. 13 -18. Right to deny issuance, renewal, transfer, revocation; right of appeal.
2 (a) The city may revoke or refuse to issue, reissue, renew, or transfer any Certificate of
3 Use and Occupancy or Business Tax Receipt provided for in this chapter when due to:
4 (1) Issuance will result in the violation of Any violation of applicable city, county, or
5 other local, state, or federal law or regulation or state law, or
6 (2) The Director of Development, determines the subject business and location does not
7 comply with applicable city zoning codes and ordinances, or is in violation of
8 applicable provisions of any local, County, or State or Federal regulations,
9 ordinances, law, or statute.
10 (3) The Director of Development determines that proof of occupational or professional
11 certification or licensure is required under applicable law and inadequate
12 documentation was provided or that the applicable certification or licensure has been
13 revoked, suspended, terminated, or otherwise discontinued, either temporally or
14 permanently, by the applicable regulating authority.
15 (4) (-2) When the City's Code Enforcement Board or Special Magistrate has issued an
16 order finding a code violation and the violation has not been corrected compliance, as
17 determined by applicable City staff, has not been achieved, or
18 (5) ( When the City's Code Enforcement Board or Special Magistrate has issued an
19 order imposing a fine and the fine remains unpaid.
20 (b) In the case of refusal to issue, reissue or transfer any Certificate of Use Business Use or
21 Business Tax Receipt on one of the foregoing grounds, the city shall notify the business
22 applicant or Business Tax Receipt holder in writing the basis for such refusal to issue, reissue
23 or transfer a Certificate of Use or Business Tax Receipt with specific reference to the
1 provisions of the City Code or Code Board Order which the city asserts constitutes grounds
2 for denial.
3 (c) The city shall have the right and authority to revoke, with provide fifteen (15) days
4 written notice upon the revocation of : any Certificate of Use and Occupancy or Business Tax
5 Receipt granted under this chapter and issued to any person_, whenever it is made to appear
7 .. . - • ..
8 .: • , ,. . - s., . -,. . .
9 (d) An applicant who is denied issuance, reissuance or transfer of a Certificate of Use and
10 Occupancy or Business Tax Receipt or whose Certificate of Use and Occupancy or Business
11 Tax Receipt has been revoked may, within ten (10) calendar days of the denial or revocation,
12 file a written appeal of the denial or revocation to the City's Special Magistrate Building
13 Board of Adjustment. The Notice of Appeal shall be filed with the City Clerk.
14 (e) The Board city shall meet within thirty (30) days and shall schedule conduct a quasi -
15 judicial evidentiary hearing within thirty (30) days of the filing of the Notice of Appeal with
16 the City Special Magistrate. The hearing must be conducted no later than forth -five (45) days,
17 from the filing of the Notice to Appeal. The initial burden of proof shall be on the City to
18 establish that the refusal or denial to issue, reissue or transfer a Certificate of Use and
19 Occupancy or Business Tax Receipt is based on the grounds as set forth in division (a) above.
20 The burden then shifts to the applicant to prove that the applicant is exempt from application
21 of the City, County, Federal or State law, that the Code violation has been corrected, or that
22 the Code Board fine has been paid. The Board shall issue a final order with findings of fact.
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1 (f) The decision of the Building Board of Adjustment Special Magistrate shall be final as
1
2 of the date of the order and shall only be subject to review by writ of certiorari to Palm Beach
3 1 County Circuit Court.
4 ' (g) A Notice of Appeal stays the denial or revocation of the license until the appeal process
5 is completed, unless enjoined by the circuit court from engaging in the business in which he
6 has failed to secure said Certificate of Use and Occupancy and Business Tax Receipt.
7 (h) When denial of the issuance or reissuance of a license is based on division (a)(3)
8 above, the Notice of Appeal shall be accompanied by payment of the outstanding Code
9 violation fine.
10 Sec. 13 -25. Businesses that handle hazardous materials or waste.
11 All businesses which would be located within the city shall state, as part of the Certificate of
12 Use and Occupancy application, whether the business would use, handle, store, generate, or
13 display hazardous materials, hazardous waste, or a toxic substance, as the same are defined by
14 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule
15 4A- 62.004, Florida Administrative Code, in which case a City Fire Department Hazardous
16 Material Disclosure Form shall be required in accordance with Part II, Section 9 -71 of this
17 code.
18 13 -28 Certificate of Use and Occupancy and inspections
19 (a) Purpose. The operation of businesses within the city without the safeguards associated
20 with the filing of an application for a use and occupancy certificate and inspection constitutes
21 a danger to the health, safety and welfare of the community. The city commission has
22 determined that more effective enforcement procedures are necessary to prevent the operation
23 of a business in the city without first obtaining a use and occupancy certificate and inspection
II
1 and a local business tax receipt or paying a local business tax. Owners of real property who
2 permit businesses to operate from their property without verification of a valid and current use
3 and occupancy certificate and inspection and local business tax receipt contribute to the
4 proliferation of illegal business. An increase in the penalty for operating a business without
5 obtaining a use and occupancy certificate and inspection and a local business tax receipt or
6 without paying a local business tax will have a greater deterrent effect on businesses operating
7 illegally within the city. This enforcement procedure was adopted to maximize the city's
8 ability to enforce the city's prohibition against conducting a business without proper
9 application for a use and occupancy certificate and inspection and a local business tax receipt
10 and to encourage swift compliance with these requirements.
11 (b) Use and occupancy certificates must be obtained by the Local Responsible Party prior
12 to:
13 (1) A dwelling unit being rented for residential purposes;
14 (2) A building or portion thereof of a commercial or industrial space being
15 occupied by either a new owner or business tenant; and
16 (3) Any other parcel of land being used by an owner or business tenant for
17 commercial or industrial purposes.
18 (b) Use and occupancy of a property with inspection is the method by which the city
19 documents the existing conditions of a property and any non - conformities,
20 establishes the current land use and zoning, and grants approval to occupy at a given
21 location for specified uses.
I I
1 (c) All property owners of either commercial or industrial space must apply for a
2 Certificate of Use and Occupancy on an annual basis and the properties will be
3 inspected on an annual basis.
4 (d) All property owners of residential space to be rented as a dwelling unit must apply
5 for a Certificate of Use and Occupancy and must schedule an inspection for the
6 properties to be rented. Inspections of residential rental dwelling units shall occur on
7 a biennial (every other year) basis at a minimum.
8
9
10 Section 3. The City Administration, including without limitation the City
11 Manager, the Finance Department, the Police Department, Code Enforcement, and the City
12 Attorney, are authorized to take all steps necessary to retain Special Magistrates for the
13 purposes established by this ordinance.
14 Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance
15 is held to be invalid or unconstitutional by any court of competent jurisdiction, then said
16 holding shall in no way affect the validity of the remaining portions of this Ordinance.
17 Section 5. Inclusion in Code. It is the intention of the City Commission of the City
18 of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a
19 part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance
20 may be renumbered or relettered and the word "ordinance" may be changed to "section,"
21 "article," or such other appropriate word or phrase in order to accomplish such intentions.
1 Section 6. Effective Date. This Ordinance shall become effective on the date of
2 second reading set forth below. All changes, additions, and implementation of any rate or fee
3 shall take effect on January 1, 2015.
t
4 FIRST READING this 19 day of August, 2014.
5 11 SECOND, FINAL READING AND PASSAGE this 3rd day of September, 2014.
6 CITY OF BOYNTON BEACH, FL�
7
8
9
■ �yor — J:r br
10
11 1 /
12 Vi. Mayor — Joe Casello
13
14
15 Comte��' % er
17
18 Commissioner Mack McCray
19
20 4
21 Commissioner — Michael Fitzpatr ck
22 ATTEST:
23
24. Ri-(34
25 Jan M. Prainito, MMC
26 • Clerk VOTE
27
G�� Y A -fi : ry Mayor Taylor - Aye
28 Vice Mayor Casello - Aye
Commissioner Merker - Aye
Commissioner McCray - Aye
ID V Commissioner Fitzpatrick- Aye
4, Q''" 5 -0