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Home My WebLink AboutO-1999-024 r � ,�v �- r -• �. , r -r r r ORDINANCE NO. 24-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUIRING THAT OCCUPATIONAL LICENSES BE OBTAINED FOR RENTALS OF SINGLE FAMILY AND TWO FAMILY (DUPLEX) RESIDENTIAL PROPERTY; AMENDING SECTION 15-7, ENTITLED "APPLICATION REQUIRED; AFFIDAVIT, ZONING CERTIFICATE AND CERTIFICATE OF CODE COMPLIANCE", AND SECTION 15-12, ENTITLED "LICENSE FEE SCHEDULE", RESPECTIVELY, OF CHAPTER 15, LICENSES, OF THE CITY OF DANIA BEACH CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. That Chapter 15, "Licenses" (Sec. 15-7, "Application required; affidavit, zoning certificate and certificate of code compliance")of the Code of Ordinances of the City of Dania Beach is amended to read as follows: Sec. 15-7. Application required; affidavit, zoning certificate and certificate of code compliance. No license shall be issued or be granted to any applicant therefor to engage in the business of selling merchandise at retail or wholesale, or the practice or pursuit of any business, profession or occupation, coming within any category mentioned in this chapter or upon the schedule of licenses as adopted by section 15-12 unless the applicant shall first comply with the following conditions: (a) The applicant shall make an affidavit before some officer of the city, authorized to administer oaths, stating: (1) The applicant's name. (2) The particular location in the city where the applicant proposes to commence or conduct business. Where tax is based on area, capacity, capital invested and surplus, average value of stock carried, number of persons, animals or things employed or engaged, 1 ORDINANCE NO. 24-99. f ' r 7 quantity, valuation or other contingency, such information shall be provided to the city. Such affidavit shall be filed with the city clerk of the city. (3) The applicant, when deemed necessary by the city, must obtain from the building official a zoning certificate certifying that the real property on which the proposed business is to be operated is zoned for the use intended by the applicant-licensee. (4) The applicant must obtain from the building official a certificate certifying that the premises on and in which the applicant intends to operate the business or the premises which are the subject of the business have been inspected by the building official, or a qualified member of his staff, and the fire marshal[and that such inspections shows that the premises meet all requirements of the building code and the fire code of the city on the date of the inspection. (b) No license shall be granted until there has been full compliance with this section and no license granted without full compliance shall be a protection to the applicant in any proceeding, civil or criminal. Section 2. That Chapter 15, "Licenses" (Sec. 15-12, "License fee schedule") of the Code of Ordinances of the City of Dania Beach is amended to read as follows: Sec. 15-12. License fee schedule. The amount which shall be paid by any person or persons, firms or business associations of any kind maintaining a permanent business location or branch office within the city, for the privilege of engaging in or managing any business, profession or occupation within said municipality are as follows: Rentalunit, per unit............................................................................. 30.00 Note: excludes apartments, but includes single-family homes and two-family homes (duplexes), if any portion of the duplex is occupied by a tenant. - 2 - ORDINANCE NO. 24-99. .f r. 7 7 Section 3. If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED on first reading on September 15, 1999. PASSED AND ADOPTED on second reading or4eptember 28, 1999. "COMMISSIONER ATTEST: ROLL CALL: /f� �/ MAYOR BERTINO- YES �.;'iL'�`i " [irilii/o VICE-MAYORMCELYEA-YES SHERYL CHAPMAN COMMISSIONER ETLING -YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: �I TH M S kAflRO CITY ATTORNEY G'.\WPFILESCLIENTSIOANIA\GROWTH MGMnOCC LIC"RENTALS.ORD 09/09/99 ..2 - 3 - ORDINANCE NO. 24-99. f L sa r 7 i THE MIAMI HERALD A Knight Ridder Newspaper Published MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Defore the undersigned authority personally appeared: Matthew Fine who on oath that he is ADVERTISING SALES MANAGER of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the advertisement for City of Dania was published in said newspaper In the issues of: The Broward Edition of The Herald on Sat., Sept. 18, 1999 on pg. 13B Afflant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade Coun Florida, and that the said newspaper has heretofore been continuously Publisyo in said Dade County, Florida, each day and has been enter I as secon Liss mail matter at the post office in M , F iami, in said Dade Co n ylorida, f a period of one year next preceding the first publication of the ed opy of dvertisement. 1 Ma hew Fine Sworn to and subscribed before me 2 t isday of Sept., 1999 A.D. Monica Kelly !.10!�'ICA 1�`CJlARI'PliOL!C SPA'fli Gi'Fi:JSIDp, .MY('0?A!�•eS5!;�VEY.P.AfY..:21C(Y`. 4- f f-- r, T -r neo SATURDAY,SEPTEMBER 18, 1999,THE HERALD 13B NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on September 28, 1999, at 7:30 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission room of the Dania Beach City Hall, 10o West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING A NEW ARTICLE VI OF CHAPTER 20 OF THE CITY CODE OF ORDINANCES, SUCH ARTICLE TO BE ENTITLED"VEHICLES USED TO FACILITATE CERTAIN CRIMES" PROVIDING FOR THE IMPOUNDMENT OF MOTOR VEHICLES: IN CONNECTION WITH CERTAIN CRIMES; PROVIDING FOR THE PROCEDURES. AND NOTICES TO BE FOLLOWED IN THE IMPOUNDMENT PROCESS; PROVIDING FOR AN ADMINISTRATIVE PENALTY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE" "AN ORDINANCE PERTAINING TO THE CREATION OF A NUISANCE ABATEMENT BOARD; CREATING ARTICLE VII IN CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO ESTABLISH SUCH A BOARD; , PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE" "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUIRING THAT OCCUPATIONAL LICENSES BE OBTAINED FOR RENTALS OF SINGLE FAMILY AND TWO FAMILY (DUPLEX) RESIDENTIAL PROPERTY; AMENDING SECTION 15-7, ENTITLED "APPLICATION REQUIRED; AFFIDAVIT, ZONING CERTIFICATE AND CERTIFICATE OF CODE COMPLIANCE", AND SECTION 15-12, ENTITLED "LICENSE FEE SCHEDULE", RESPECTIVELY, OF CHAPTER 15, LICENSES, OF THE CITY OF DANIA BEACH CODE OF ORDINANCES PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE:' A copy of these proposed Ordinances are on file in the office of the Acting City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Sheryl Chapman, Acting City Clerk, 100 West Dania Beach Boulevard, Dania, Florida 33004, (954) 921-8700 ext. 203 at least 72 hours prior to the meeting. /s/ Charlene Johnson Deputy City Clerk _.__. _......_..,... ..until nYMVIf1v0-LLLl IL 1.01 vlO WlIJ!! -•.-. - ........... - S- f h T y CITY OF DANIA BEACH MEMORANDUM TO: MAYOR JOHN BERTINO AND MEMBERS OF THE CITY COMMISSION COPIES: MICHAEL W. SMITH, City Manager TERRY L. VIRTA, AICP, Growth Management Director KEN KOCH, Building Official EULA GARDNER, Occupational Licenses ED TARMEY, Fire Marshall WILLIAM JOHNSON, Chief Code Inspector FROM: THOMAS J. ANSBRO, City Attorney DATE: SEPTEMBER 9, 1999 RE: OCCUPATIONAL LICENSE ORDINANCE AMENDMENT; CODE INSPECTIONS FOR RENTAL (ONE-AND TWO-FAMILY) PROPERTIES Attached is a copy of the referenced ordinance sponsored by Commissioner Mikes. It is patterned after similar laws adopted by the City of Lauderhill and several Palm Beach County municipalities,as was mentioned during a discussion of the referenced topic at the August 24, 1999 City Commission meeting. Currently, the following license category exists in Chapter 15 of the City Code of Ordinances: Hotels, apartments and rooming houses: 2 rooms or more, per room . . . . . . . . . . . . 7.50 2 apartments or more, per apartment . . . 10.00 This provision is currently administered to apply to duplexes(and larger rental complexes) if both units are rented; if one is owner-occupied, the tax has not been collected, based upon the current practice of licensing by the City. The proposed ordinance amendments would now be expanded to include all rental single-family homes and all duplexes. f a, ' r -t As a related matter, Chapter 8 of the City Code of Ordinances (entitled "Buildings") and Article 11 of that chapter("Property Standards")currently prescribes minimum standards for the 'occupancy and maintenance of dwellings, hotels, rooming houses and commercial, industrial and institutional structures in the City" (See 8-18). "Dwelling" is defined to include "any building which is wholly or partly used or intended to be used for living, sleeping, eating and eating"(See 8-19)and does, therefore, include single-and two-family homes. Sec. 8-21 prescribes a variety of minimum standards and a number of "maintenance and appearance standards"to be observed(see subparagraph(a)(5)of Sec. 8-21, copy of excerpt attached). Inspections are authorized by Code Enforcement staff and the Code Enforcement Board has jurisdiction over such cases(pursuant to Sec. 8-20; provided, however, that the Unsafe Structures Board retains jurisdiction as to "unsafe" buildings and structures). This is ready for City Commission consideration. TJA/nd Aft. G'.1WPFILESICLIENTSIOANIAIGROWTH MGMT\Occ be Rentals Ord.M01 L f