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ORDINANCE WWO-O~'
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 20, ENTITLED "BUILDING,
HOUSING, AND CONSTRUCTION REGULATIONS,"
ARTICLE I ENTITLED "IN GENERAL," SECTION 4
ENTITLED "FEES," TO PROVIDE THAT THE LEVY
AND COLLECTION OF THE INTERIM SERVICES
FEE IS SUSPENDED EFFECTIVE JUNE 14, 1999,
UNTIL SUCH SUSPENSION IS REPEALED BY THE
CITY COMMISSION BY ADOPTION OF AN
ORDINANCE; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 20, Article I, Section 4 of the City's Code of
Ordinances provides for the levy and collection of an interim services fee upon structures
in the City as of the date of the certificate of occupancy; and,
WHEREAS, on June 14, 1999, the City suspended the collection of the
interim services and facilities fee due to the decision of the Florida Supreme Court in
Collier County v. State, 783 So.2d 1012 (Fla. 1999); and,
WHEREAS, it was and is in the best interest of the City to amend its
ordinances to provide for the suspension of the imposition and collection of the City's
interim services and facilities fee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct, and are hereby incorporated herein and made a part hereof.
CODE: Words in~.~'~ +'~.,,.e,.~'~ type are deletions from existing law;
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Section 2. Chapter 20, entitled, "Buildings, Housing, and Constmction Regulations,
Article I entitled "In General," Section 4 entitled "Fees," is amended to read as follows:
Sec. 4. Fees.
A. Permit fees. A permit shall not be issued until the minimum
fee of thirty-five dollars ($35.00) or 1.6% of the total valuation, whichever is
greater, has been paid. The permit fee shall be based on the value of the
proposed construction of all items specified and detailed on the plans and/or
listed on the permit application. An amendment to a permit shall not be issued
until the additional fee, if any, due to an increase in estimated cost of the
building, electrical, plumbing, gas, mechanical, landscaping or site
development, has been paid.
B. Interim services fee. The City Commission hereby establishes an
"interim services fee" which is an annual user charge applicable, except during
the Suspension Period as provided hereinafter, to structures certified for
occupancy by the city development department but not appearing on the Palm
Beach County tax rolls as an improvement to real property.
1. ReserVed.
2. Levied. Except during the Suspension Period as
provided hereinafter, E_every structure located within the city and not yet
appearing on the county tax roll, shall be subject to an interim services fee.
This interim services fee shall be in effect from the date of the issuance of a
certificate of occupancy or certificate of completion to January 1, of the year
following the issuance of the certificate..; provided, the levy of the interim
service fee is suspended, effective June 14, 1999, until such suspension is
repealed by adoption of an ordinance by the City Commission of the City of
Boynton Beach (the "Suspension Pehod"). Said fee shall be charged in
accordance with the fee schedule which is attached to Ordinance No. 91-17 as
Exhibit "B" and the computation hereinafter set forth.
a. Dwelling unit computation. For the purposes
of this subsection and Exhibit "B," dwelling unit computation shall be made
as follows:
(1) Each single-family unit, including
condominium, apartment and hotel unit, shall count as one.
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(2) For commercial and/or industrial
structures, diVide the total building square footage for each such industrial
and/or commercial structure by one thousand (1,000) square feet rounded to
the nearest tenth (0.1).
b. Fee determination; proration. The dwelling
unit computation shall be utilized in conjunction with the fee schedule set
forth in Exhibit "B" in computing the interim services fee. The following
example illustrates how the interim services fee is arrived at:
Example: A 22,565 square foot office building is issued a certificate of
occupancy in December of any given year:
22,565 + 1,000 = 22.565
22.6 x $10.23 = $231.20
Interim services fee for this structure would be
$231.20.
3. Procedure. Except during the Suspension Period set forth
above, ---~the director of development shall collect the interim services fee
prior to the issuance of a certificate of occupancy or certificate of completion
by the development department.
4. Distribution. Except during the suspension Period. set forth
above, -Oon a daily basis, the development department shall promptly remit
monies collected pursuant to this section to the city finance director.
5. Eligibility for municipal services. Except during the
Suspension Period set forth above, --Nno. improvement shall be eligible for
municipal services unless an interim services fee has been paid,
6. Creation of trust fund. The finance director shall deposit all
funds collected into a non-lapsing trust fund established and maintained by the
city. The use of such funds will be restricted and limited to expenditures for
public safety, physical environment (public works administration costs),
maintenance and services for roads and streets, health (animal control), library
and parks and recreation, which are associated with the properties from which
the funds were collected. The city manager shall provide the City
Commission with recommendations for expenditures of these funds during the
annual budget process or from time to time as needed. Such expenditures of
funds shall be limited to a percentile of total fees collected for each of the
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services as identified herein. The City Commission by resolution must
approve all expenditures from said trust fund upon determination that said
expenditures are appropriate.
Section 3. Conflicting Ordinances
All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Section 5. Inclusion in Code.
It is the intention of the City Commission of the City of Boynton Beach, Florida, that the
provisions of this Ordinance shall become and be made a part of the City of Boynton Beach
Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered
and. the word "ordinance" may be changed to "section," "article," or such other appropriate
word or phrase in order to accomplish such intentions.
Section 6. Effective Date.
This Ordinance shall become effective upon adoption by the City Commission, providing
that the suspension of the levy and collection of the interim service fee shall be retroactively
effective June 14, 1999.
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FIRST READING this ~ day of /r/'//;,e~,/,/ , 2000.
SECOND, FINAL READING AND PASSAGE this ,/day of ,~,~/e//_.., 2000.
ATTEST:
Co~'ni~oner '
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MDC R~~~t~.Y~1990\900182.BB\ORDqnterim Services Fee doc
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CODE:
Words in ~ type are deletions from existing law;
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