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O87-09-BAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 13-3, 13-4, 13-5, 13-16 AND 13-22 (492); PROVIDING FOR PROOF OF RECEIPT OF A RENTAL GUIDELINE FOR LANDLORDS AND TENANTS FOR NEW AND RENEWAL LICENSES; PROVIDING -NON-ABROGATION OF MORE STRICT ASSOCIATION RULES; PROVIDING NEW LICENSE SUSPENSION AND REVOCATION PROCEDURES; PROVIDING A NEW LICENSE TAX SCHEDULE FOR RENTALS~ PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. Section 13-3 of the Code of Ordinances is amended by adding the words and figures shown in underlined type and by deleting the words and figures shown in struck-through type as follows: Sec. 13-3. Application for license.. (a) Before the city shall be required to issue a license for engaging in or carrying on any of the businesses or professions or occupations specified and set forth herein, it shall be the duty of the applicant to file an application with the city, such application to be in the form required by the city. (b) Should the applicant be requesting an occupational license pursuant to Section 13-22 (492), the applicant shall si~n, notarize, and timely return to the City the receipt found in the Rental Guideline for Landlords & Tenants in the City of Boynton Beach before such license shall be issued. Section 2. Section 13-4 of the C~d~ .'of::.~O~ances is amended by adding the words and figures sh'own inunderlined type and by deleting the words and figures shown in struck-through type as follows: Sec. 13-4. Issuance. Upon payment of the required tax, the city manager shall issue to the person paying the same, a license signed by such city manager. The issuance of licenses pursuant to Section 13-22(492) is not intended to repeal, abroqate or impair any additional requirements imposed upon rentals by any community association, homeowners' association or Condominium association which is authorized under state law. Section 3. Section 13-5 of the Code of Ordinances is amended bY adding the words and figures shown in underlined type and deleting the words and figures shown in struck-through type as follows: Sec. 13-5. -Ba~es-~ue-am~-~e~&m~mem~7-pena~&esv License Renewal~ delinquency penalty. (a) Licenses hereunder shall be sold beginning September first of each year and shall be due and payable on October first of each year, and shall expire on September thirtieth of the succeeding year. Those licenses not renewed by October first shall be considered delinquent and subject to a delinquency penalty of ten per cent (10%) for the month of October, plus an additional five per cent (5%) penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twenty-five per cent (25%) of the occupational license fee for the delinquent establishment. (b) Should the applicant be requesting to renew an occupational license originally given pursuant to section 13-22 (492), the applicant shall sign, notarize~ and timely return to the City the receipt found in the Rental GUideline for Landlords and Tenants in the City of Boynton Beach before such license shall be renewed. Eection 4. Section 13-16 of the Code of Ordinances is amended by adding the words and figures shown in underlined type and by deleting the words and figures shown in struck'through type as follows: Sec. 13-16. Issuance, Suspension or revocation of licenses; appeal procedure. S~s~e~s~ -~ -~ev~eat~ -~ ~ee~se~-~e~u~-~-~ee~ (a) No license shall be issued unless it is found that the proposed business and location comply with the city zoning code and other applicable city ordinances. (b) No license shall be issued for an occupation where certification is required under state law unless proof of said certification is provided. (c) A license may be temporarily suspended or absolutely revoked or cancelled upon a finding thatl the -~s~ess -~s -~e~at~§ -~ -v~at~ -e~ -the -~t~ (1) The licensee has violated any law having a reasonable relationship to the fitness of the licensee to engage in the licensed business. (2) The licensee has knowingly allowed the commission of a felony on the premises where the licensed business is being conducted, or has knowingly allowed the commission of an¥~ misdemeanor involving narcotics or prostitution on the premises, or (3) After learning that criminal activity has taken place on the premises where the licensed business is being conducted, the licensee has failed to take reasonable steps to prevent the recurrence of such activity. For a residential landlord, reasonable steps shall include a good faith attempt to evict any tenant who commits( or allows the commission of, a felony on the premises or commits, or allows the commission of any 2 misdemeanor involvin9 narcotics or prostitution on the premises. It shall be the responsibility of the licensee to submit to the licensing officer, not later than 30 days after learnin9 of the criminal activity, written documentation of his attempt to evict the tenant. The failure to submit such documentation in a timely manner shall create a rebuttable presumption that the licensee has not made a 9ood faith attempt to evict the tenant. (d) The city of Boynton Beach Police Department shall notify the licensing officer of any incident that may reasonably warrant suspension or revocation of a license pursuant to this section. (e) An initial determination upon issuance or revocation will be made by the building official or other appropriate city official. (f) The applicant shall have ten (10) days after receiving notification in writing from the city occupational license clerk of the suspension or revocation to appeal the determination of the building official or appropriate city official to the city commission. The request for appeal shall be filed with the city clerk in writing. (g) Within fifteen (15) days after receipt of the appeal, the city commission shall hold a quasijudicial hearing in the denial of the license application or the suspension or revocation. (h) After a license has been suspended or revoked under this section, a new license may be issued to the same licensee by a majority vote of the city commission in the exercise of its sound discretion. Section 5. Sub-Section 13-22 (492) of the Code of Ordinances is amended by adding the words and figures shown in underlined type and by deleting the words and figures shown in struck-through type as follows: Sec. 13-22. License tax schedule. The amounts of tax which shall be paid by persons engaging in or managing business, professions or occupations for which a license is required are hereby fixed as follows: 492. Hotel, Apartment, Rooming House, Motel, Single Family Residential Rental per room $2.00 Section 6. ordinance. Authority is hereby granted to codify said Section 7. 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. Section 8. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3 Section 9. This ordinance shall become effective thirty (30) days after final passage. FIRST READING this ~ day of ~)~~ , 1987. ~ING and FINAL PASSAGE, this / day of ., 1987. CITY OF BOYNTON BEACH, FLORIDA Ma~fr Co~issioner Co~issioner~ ATTEST: City ~rk (Corporate Seal) 4