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
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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.
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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)
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