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HomeMy WebLinkAboutO-2000-041 ORDINANCE NO. 2000-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 8 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BUILDINGS"; AMENDING THE CODE OF ORDINANCES TO REVISE THE PERMITS AND INSPECTION FEE SCHEDULE, AND PROVIDING THAT THE FEES SHALL BE SET FORTH BY RESOLUTION OF THE CITY COMMISSION; UPDATING CODE REFERENCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Sec. 8-1, entitled "Code adopted", of the City Code of Ordinances is amended to read as follows: Sec. 8-1. Code adopted. The 4Q96 1999 Broward Edition of the South Florida Building Code, as approved and adopted by the Board of County Commissioners, Broward County, Florida, and as amended from time to time, is hereby adopted by reference in its entirety by the city as • the building code which shall apply and govern in the City of Dania Beach. Section 2. That Sec. 8-2, entitled "Matters covered by code", of the City Code of Ordinances is amended to read as follows: Sec. 8-2. Matters covered by code. The 1999 1999 Broward Edition of the South Florida Building Code, as adopted and more particularly described in section 8-1 herein, shall govern and apply to all pending matters within the city, including, but not limited to, permits and inspections, classifications and general requirements based on occupancy, requirements based on locations in fire zones, types of construction, engineering and construction regulations, live and dead loads, excavations, footings and foundations, reinforced concrete, reinforced gypsum concrete, masonry, steel and iron, wood, aluminum, means of egress, elevators and escalators, precautions during building operations, roof coverings, cladding and glazing, occupancy of public and restricted property, fire-resistive standards, fire extinguishing apparatus, chimneys, flues, vents and fireplaces, heat producing apparatus, special hazards, signs, canvas awnings, 1 ORDINANCE NO. 2000-041 canopies and tents, rigid awnings, canopies and screen enclosures, electrical standards, plumbing standards, gas standards, forced ventilation, air conditioning, refrigeration and swimming pools. Section 3. That Sec. 8-3, entitled "General, structural, plumbing, etc., permit fees", of the City Code of Ordinances is repealed in its entirety, and a new section is created to read as follows: Sec. 8-3. Building permit fees. The City Commission is authorized to impose fees for the issuance of building permits, provision of inspections issuance of certificates of completion or occupancy, and related services of the Building Division of the Growth Management Department. Such fees shall be set and may be amended from time to time by resolution of the City Commission following a public hearing. Any City Commission approved action, whether identified as a waiver of fees or a contribution shall be reimbursed to the Building Division Fund from the General Fund. Section 4. That except as amended above, all other provisions of Chapter 8 of the • Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 6. That 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 7. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on September 12, 2000. PASSED AND ADOPTED on second reading on September 26, 2000. LM O AY -COW9SIONER • 2 ORDINANCE NO. 2000-041 • ATTEST: ROLL CALL: MAYOR McELYEA- YES 1 VICE-MAYOR BERTINO-YES COMMISSIONER CALI- YES '8HlEkYL/tNAPMAN,f COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS: �` � Af�j THOMAS J,0S8RO CITY ATTORNEY • i 3 ORDINANCE NO. 2000-041 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: SEPTEMBER 12, 2000 2. DESCRIPTION OF AGENDA ITEM: ORDINANCE CHANGE 3. COMMISSION ACTION BEING REQUESTED: Adopt Resolution or Ordinance ® Expenditure ❑ Award Bid/RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting ❑ Other(please explain) ❑ 4. SUMMARY EXPLANATION & BACKGROUND: Repeal existing permit fee ordinance, replace with new, adopt resolution of permit fees 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Memo, Koch to Michael Smith, explaining reasoning and justifications; memo, Lieberman . to Koch, explaining requirements for methods of collecting and allocation of fees; new ordinance,prepared by city attorney; resolution to adopt fee schedule; fee schedule 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ Fund: GENERAL: ❑ WATER: ❑ SEWER: ❑ STORMWATER: ❑ Account name: Account#: Finance Director Approval: Date: Submitted by: Kenneth H. Koch, Building Official Date 08/08/2000 Growth Management Department City Manager Date r ® Meffiorandum To: Michael Smith, City Manager From: Kenneth H. Koch Date: 08/02/00 Re: Building Division Enterprise Fund State laws require building departments to be self-funded; i.e. a fee shall be collected in order to offset the costs of performing building inspections covered by issued permits. Conversely, State Attorney General opinions indicate that revenues received from permit fees may ONLY be used for inspection purposes, and may not be transferred into general funds. I propose that the City of Dania Beach comply with these laws, not only to prevent lawsuits for failure to comply, but also to stop the City from subsidizing Building Division functions with General Fund monies. • 1 have completed a review and evaluation of the costs of operating the Building Division as a separate entity within the Growth Management Department. I also have performed a study of income for the Division for the previous seven (7) year period. These studies show that the division had an average income of$326,165.00 for the period 1990 to 1999. The current proposed budget to operate the Division for fiscal 2000-2001, including the cost of one (1) new clerical position is $457,307.00. This indicates the disparity in the money collected versus the, actual cost of operating the division. This cost is exclusive of outside related costs such as: legal services, use of other department services (Information Services, Finance, Administration, and Human Resources), rent and utilities (a portion of floor space, telephone, electric, water, janitorial and maintenance). These costs, if calculated into the complete cost of operating the Division (much as if it were a separate "business"), would add an additional $93,000.00 to the budgeted amount described above, and these funds would be transferred into the general fund at the end of the fiscal year. Any or all of these items may be removed from the list, and not collected in the permit cost. � Zr J' �` +o r August 2, 2000 • I propose a "cost-per-service" method of permit fees, wherein a permit fee would be based on the number of inspections provided for the work being permitted. Using the amount budgeted, exclusive of other costs, divided by the average number of inspections per year, for the same seven (7) year period (6194), the cost per inspection would be &75.00. This figure also represents the new minimum permit fee, raised from the existing $35.00, a figure which has not been revised since 1988. Using the complete cost figures, the cost per inspection and minimum permit fee would be $90.00. The Division also collects approximately $30,000.00 in "Other Permit Fees" (re- inspection fees, etc.) and contractor registration fees. This amount could be used to reduce the total cost, thereby reducing the cost per inspection, or it could be used to create the "ban" of funds for the division to help carry it through the lean years. The concept, once again, is to charge a fee adequate enough to cover the cost of maintaining a properly functioning division, accruing a percentage which would carry the division through lean times (maybe 10% per year of the cost of operation), and to allow the City to be paid for the use of its facilities. • The minimum fee could be addressed on a bi-annual basis to adjust for true costs versus actual income, and all of this means-no cost to the taxpayer for building inspection services, the costs are borne by those who use the service: the permit holders. 2 August 2, 2000 • OUTSIDE RELATED COSTS Legal $10,000.00 Payroll (Finance) $14,000.00 Human Resources $ 7,000.00 Information Services $20,000.00 Rent $ 8,000.00 Electric, Water $ 2,500.00 Telephone (fixed and mobile) $ 4,000.00 Building Maintenance $ 4,500.00 Janitorial $ 2000.00 Unsafe Structure Actions $18,000.00 Code Enforcement Related $ 3,000.00 • $ 93,000.00 ® 3 August 2, 2000 NUMBERS OF INSPECTIONS ® AND REVENUES YEAR INSPECTIONS REVENUE 1993 4806 $289, 045.00 1994 6129 $228,551.00 1995 5296 $324,524.00 1996 6469 $367,993.00 1997 6523 $395,449.00 1998 7591 $325,049.00 1999 6541 $352,545.00 AVERAGES 6194 $326,165.00 ® 4 S U N — S r N T I h E L PUBLISHED DAILY FORT LAUDERDALE/ DROWA1RD COU%TYx FLORIDA NOTICE HEARING BEFORE CITY COMMISSSION 0CA BATON/ PALM BEACH COUNTY/ FLORIDA ADOPTION"OFBTHEHPOLLOWINGEPROPOSED ORDINANCES: • I A X I/ D A D E C O U N T Y. FLORIDA NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach,Florida,on September 26.2000, at 7:30 p.m. or as soon thereafter as the matter may be heard,will conduct a public hearing in the City Commission STATE OF FLORIDA room of the Dania Beach City Hall,100 West Dania Beach Boulevard,Dania Beach,Florida to consider the proposed COUNTY OF 8 R OW A R D/PA LM BEACH/D A D S adoption of the following Ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, H C F O R C THE UNDERSIGNED AUTHORITY PERSONALLY A PP E Al FLORIDA PERTAINING TO-Q�q MPAIGN FINANCING-LIM- ITING TO$200.00 CAMPAIG EX- /��/�' �( AL COMMITTEES TIVEN O CANDIDATES FOR THE OFFICES OF • .`a mj LV V��. . . . . . o. . . . . . . . W H 0 ON OATH SAYS T H A I CITY COMMISSIONERS PROVIDING FOR SEVERABIL- H E/ SHE 13 A DULY A U T H O P,I Z E D 1R E P R ES ENT AT IV E O F T H E .ING PROVIDING E FECT EFFECTIVE FURTHER, PROVID- AN ORDINANCE OF THE CITY OF DANIA BEACH CLASSIFIED DEPARTMENT OF T H E S UN—S EN T I N E I-/ DAILY FLORIDA AMENDING THE CODE OF ORDINANCES RED LATING TO THE EMPLOYEES'RETIREMENT PLAN AND NEWSPAPER PUBLISHED IN 13 R O W A R D/P A LM 3 E A C H/D A D S C O L T TRUST PROVIDING AN OPTION TO FUND RET(�REE HEALTH INSURANCE"FAEIWVVrS-T19ROt7GH-EX'tiESS'- FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT/ EICOSTOFLIVNGADJUSTMET TRUST'PROVIDING PAFOR RA- PANTS BASED UPON ACTUARIAL GAINS AND LIMITED TO THE CONSUMER PRICE INDEX FOR URBAN CON- NOTICE SUMER& PROVIDING FOR A SAVINGS CLAUSE, PRO- VIDING FOR A REPEALER; AND PROVIDING FbR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH,, IN THE MATTER OF FLORIDA AMENDING THE CODE OF ORDINANCES RE_ I LATING tO PARTICIPATION IN I SURAN ,PROVIDING THAT RETIRED OFFIC9P'C� EES SHALL PAY ONE THIRD OF GROUP INSURANCE FORC A M P A I G N FINANCING NGEMIUM FOR AN ADDITIINONAL TINUED GROUP INSIURANCN SUBSIDY FOR PARTICIPANTS IN THE CITY RETIREMENT PLAN; FA REPEALER;ER AND SAVINGS CLAUSE,PROVIDING AN EFFF EFFECTIVE IN THE: CIRCUIT COURT/ WAS PUBLISHED IN SAID NEW$PAFDATE. AN ORDINANCE OF THE CITY COMMISSION OF THE THE I S S ij I ri O F CITY OF DANIA P TION OF ANAGREEMENTTOFEASAMONG THE CITYt U / / 1 PETANW� �ELOEFDALLE,INC.I PERTAINING T# -A LA 1rATED - LYNDRBEISNITHITAEOEIBTSARLESCIDIEAFCHDXHI TOAFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL LEASE AGREEMENT; AUTHORIZING AND DIRECTING H/DAGTHE IREFTFLN FNEWSPAPER PUBLISHED IN SAID BROWARD/PALM EEAC ',THE APPROPIATCIYOFICIAS; PROVIDINGOBY R COUNTY/ FLORIDA, AND THAT THE SAID NEWSPAPER HAS 14 ,HER, PR PROVIDINGASEVERANCECLAUSE;FUR- ,1HER, PRO(IDING FOR AN EFFECTIVE DATE. PEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM E AN ORDINANCE OF THE CITY OF DANIA BEACH AN PERTAINING TO CHAPTER 8 OF THE CITII' C O U lv T Y/ F L O R I D A/ EACH DAY/ AND HAS BEEN ENTERED A SISCJDW&V CODE I NGS INANCES WHICH CHAPTER IS ENTITLED 0B AMENDING THE CODE OF ORDINANCES CLASS BATTER AT THE POST OFF IC E I#1 FORT I.AUDERDALETOE PERMITS AND INSPECTION FEEL lafiHAILTHE-FEESSHAtt�E' SET FORTH BY RESOLUTION OF THE CITY COMMIS-I U R OW A R D COUNTY, FLORIDA, F O R A PERIOD OF C III E YEAR SION-UPDATING CODE REFERENCES;PROVIDING FOR PRECEDING THE FIRST P U B L I C A T I O AI O F THE A T T A C HED C C CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER,I PROVIDING FOR AN EFFECTIVE DATE. A copy of these proposed Ordinances are on file in the I AD VE R T I S E M E N T; A N D A F F I A N T FURTHER SAYS THAT H E I S H office of Administrative Services,City Hall,100 west Dania' Beach Boulevard, Dania Beach, Florida, and may be in-` NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR C O R D spected by the public during normal workinghours. ANY DISCOUNT/ REGATEs COMMISSION CR REFUND FOR THEandbehearrdwthresectpotheproeosedsn person Commission decides to appeal p t p Y person OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN Commission with ret to an matter consi ered at City hearing will need a record of the proceedings and for such N E W S P A P E P• 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 be based. In accordance with the American withh 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 Beach, *R ; • • . Florida33004,(954)924-3630 at least 48 hours prior to the IfNATUFF:I#3NT) meetingg. /s/ Charfene Johnson Deputy Cityy Clerk September 15, 2000 SWORN TO AND SUBSCRIBED EEFORE ME THIS 15 DAY OF SEPTEMBER e A. D. 2000,.,_� • • o . n o P + . i�B-L—Si�dTf s ■ f d o'• • a s • a. s . •• a a •.a i;;GNATURE OF NOJA RY PUBh7rd?Iezak MY COMMISSION N CC638935 EXPIRES V1%20,2001 9GNnECiT:,FI�?R.^•,,pnlni iq;SURAiJCE.INC . . . . . . . . . . . .. . . . . . . ... . . . . . •. • •a . ••. • a s a . ( NAME OF NOTARY TYPED, PRINTED STAMPED) OPERSONALLY KNOWN OR PRODUCED IDENTIFICATION . . . . . . . . . . .. . . .. .