06-071
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1 ORDINANCE NO. 06 - 0, I
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3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AMENDING CHAPTER 13 OF THE CODE OF
6 ORDINANCES, SECTION 13-18 BY DELETING 13-18
7 IN ITS ENTIRETY AND ADOPTING A NEW 13-18
8 TO PROVIDE FOR GROUNDS FOR DENYING
9 ISSUANCE, REISSUANCE OR TRANSFER OF AN
10 OCCUPATIONAL LICENSE; REVOCATION OF AN
11 OCCUPATIONAL LICENSE; APPEAL OF DENIAL
12 OR REVOCATION OF A LICENSE; PROVIDING
13 FOR CONFLICTS, SEVERABILITY,
14 CODIFICATION AND AN EFFECTIVE DATE.
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16 WHEREAS, the City Commission for the City of Boynton Beach desires to clarify
17 the grounds upon which an Occupational License can be denied or revoked; and
18 WHEREAS, the City Commission desires to clarify the procedure for appeal of the
19 denial or revocation of an Occupational License.
20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, THAT:
22 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
23 herein by this reference.
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25 Section 2. That Chapter 13, "Licenses," Article I, "Occupational Licenses,"
26 Section 13-18, entitled "Occupational Licenses; control of issue, reissue, transfer, revocation,
27 right of appeal" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby
28 amended in its entirety to read as follows:
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30 Sec. 13-18 Occupational Licenses; control of issue, reissue, transfer, revocation,
31 right of appeal. Ri!!ht to deny issuance. renewal. transfer. revocation: Ri!!ht of appeal.
32 (1) The city may refuse to issue, reissue or transfer any license pro'/ided for in this
33 chapter when the issue, reissue or transfer of the license would result in the violation of
34 applicable city, county or state la'.\'. In the case of such refusal by the city the city shall state in
35 writing the basis for such refusal to issue, reissue or transfer a license with specific reference
36 to the provisions of the City Code which the city asserts constitutes grounds for denial.
37 (2) The city shall have the right and authority to revoke any occupational license granted
38 under this chapter and issued to any person, whene'.'er it is made to appear that the business
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method or operation or ',york being conducted or carried on by the licensee which constitutes
the violation of any applioable city, county, or state la'N.
(3) /\n applicant '.vho is denied issuance, reissual1ce or transfer of a license or \vhose
license has been revoked may, \vithin five business days of the denial or revocation, appeal
the denial or revocation to the City Manager. Within seven business days of receipt of the
appeal, the City Manager or his/her designee shall revI ev,' the application, the denial or
revocation, and any information the applicant discloses in its '.vritten appeal and either sustain
or re','erse the city's denial or revocation. In the event the denial or revocation is sustained in
'""hole or in part, the applicant may appeal the decision of the City Mana;er to the Buildin;
Board of Adjustment, which shall conduct an evidentiary hearing. The decision of the
Building Board of Adj ustment shall be final and shall only be subject to review by '."Tit of
ceI1iorari to Palm Beach County Circuit Court.
(1) The City may refuse to issue, reissue or transfer any license provided for in this
chapter when:
a. Issuance will result in the violation of applicable city, county, federal or state
law, or
b. When the City's Code Enforcement Board has issued an order finding a code
violation and the violation has not been corrected, or
c. When the City's Code Enforcement Board has issued an order imposing a fine
and the fine remains unpaid.
(2) In the case of refusal to Issue, reIssue or transfer any license on one of the
foregoing grounds, the City shall notify the license applicant or license holder in
writing the basis for such refusal to issue, reissue or transfer a license with specific
reference to the provisions of the City Code or Code Board Order which the City
asserts constitutes grounds for denial.
(3) The City shall have the right and authority to revoke, with fifteen (5) days written
notice, any occupational license granted under this chapter and issued to any
person, whenever it is made to appear that the business method or operation or
work being conducted or carried on by the licensee which constitutes the violation
of any applicable city, county, or state law.
(4) An applicant who is denied issuance, reissuance or transfer of a license or whose
license has been revoked may, wi thin ten (0) calendar days of the denial or
revocation, file a written appeal of the denial or revocation to the Building Board
of Adiustment. The Notice of Appeal shall be filed with the City Clerk.
(5) The Board shall meet within thirty (30) days and shall conduct a quasi-iudicial
evidentiary hearing. The initial burden of proof shall be on the City to establis
that the refusal or denial to Issue, reIssue or transfer a license IS based on the
grounds as set forth in Section 0) above. The burden then shifts to the applicant to
prove that the applicant is exempt from application of the City, County, Federal 0
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1 State law, that the Code violation has been corrected, or that the Code Board fine
2 has been paid. The Board shall issue a final order with findings of fact.
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4 (6) The decision of the Building Board of Adiustment shall be final and shall only be
5 subiect to review by writ of certiorari to Palm Beach County Circuit Court.
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7 (7) A Notice of Appeal stays the denial or revocation of the license until the appeal
8 process is completed.
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10 (8) When denial of the issuance or reissuance of a license is based on (1 )c above, the
11 Notice of Appeal shall be accompanied by payment of the outstanding Code
12 violation fine.
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15 Section 3. Each and every other provision of Chapter 15, of the Code of Ordinances
16 of the City of Boynton Beach not herein specifically amended shall remain in full force and
17 effect as previously enacted.
18 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
19 same are hereby repealed, provided that no portion of the City of Boynton Beach Noise
20 Control Ordinance shall be repealed.
21 Section S. Should any section or provision of this ordinance or portion hereof, any
22 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
23 such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
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Section 7.
This ordinance shall become effective immediately upon passage.
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FIRST READING this 5 day of J ul1
, 2006.
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SECOND,
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FINAL READING
,2006.
AND
PASSAGE
this
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day of
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19 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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Commissioner - Muir C. Ferguson
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, fha~j~ 6,
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