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Ord 29-08~ DENIED / 1 Jer7.+ec~ ~~~-r~Og ORDINANCE NO. 29-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 117, "LANDLORD PERMITS", BY AMENDING SECTION 117.99, "PENALTY", TO PROVIDE FOR WAIVER OF THE TRIPLE FEES UPON GOOD CAUSE SHOWN TO THE CODE ENFORCEMENT BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide a waiver from the triple fee penalty for late payment of landlord permit fees upon good cause shown by the landlord such as the existence of an undue burden or expense upon the landlord caused by extenuating circumstances or mistake outside of landlords' control; and WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to provide fox exceptions to the triple fee penalty upon a showing of excusable neglect such as a reasonable misunderstanding, clerical error or other credible explanation pursuant to Bethesda Memorial Hospital Inc v Laska, 977 So.2d 804 (Fla. 4th DCA 2000); and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide for exceptions to the triple fee penalty for a showing of good cause such as "an unreasonable burden" pursuant to Office of the Attorney General, Department of Legal Affairs, State of Florida v. Millennium Commissions & Fulfillment Inc. 800 So.2d 255 (Fla. 3rd DCA 2001). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", Section 117.99, "Penalty", of the Code of Ordinances of the City of Dekay Beach, Florida, shall hereby be amended to read as follows: Sec. 117.99. PENALTY. (A) Should any person ox entity required to obtain a landlord permit under Section 117.01 not file an application fox such landlord permit within thirty (30) days of acquiring interest in any qualifying property, or renew such permit within sixty (60) ~ DENIED days of the annual renewal date, the permit fees shall be tripled, unless the Code Enforcement Board makes a determination that there is excusable neglect ox good cause to waive all or Hart of the triple fee penalty. (11 For pu+ oses of Subsection 117 99(A)(1Z"excusable neglect" shall mean a reasonable misunderstanding clerical error ox other credible explanation and "eood cause" shall mean an unreasonable burden or expense. Section 2. That should any section ox provision of this ordinance ox any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same axe hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17`s day of June, 2008. ATTEST: Acting Deputy City Clerk MAYOR First Reading b~ t 7- ~ g Second Reading_ ~ e~.i e c.~ 5-® one ~ ~ t'1 l ors 1 a~-~ , MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: June 10, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING_OF JUNE 17, 2008 ORDINANCE NO. 29-08 ITEM BEFORE COMMISSION The item before Commission is Ordinance No. 29-08 amending chapter t 17, "Landlord Permits", by amending section 117.99, "Penalty", to provide for a waiver of triple fees upon good cause shown to the Code Enforcement Board. BACKGROUND The attached proposed ordinance provides for waiver of all or part of the triple fee penalty for landlord permits if the Code Enforcement Board makes a determination that there is excusable neglect or good cause for a waiver. "Excusable neglect" is defined as a reasonable misunderstanding, clerical error or other credible explanation and "good cause" is defined as an unreasonable burden or expense. RECOMMENDAT_I.ON City Commission discretion. ORDINANCE N0.29-08 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE QTY OF DELRAY BEACH, FLORIDA, BY AMENDING CI-IAPTER 117, "LANDLORD PERMITS", BY AMENDING SECTION 117.99, "PENALTY", TO PROVIDE FOR A WAIVER OF THE TRIPLE FEES UPON GOOD CAUSE SHOWN TO THE CODE ENFORCEMENT BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the Crty of Delray Beach, Florida, desires to provide a waiver from the triple fee penalty for late payment of landlord perrrtit fees upon good cause shown by the landlord such as the existence of an undue burden or expense rrpon the landlord caused by extenuating circumstances or mistake outside of landlords' control; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide for exceptions to the triple fee penalty upon a showing of excusable neglect such as a reasonable misunderstanding. clerical error or other credible explanation pursuant to Bethesda Memorial Hospital, Inc. v. Lanka, 977 So.2d 804 (Fla 4th DCA 2000); and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide for exceptions to the triple fee penalty for a showing of good cause such as "an urueasonable burden" pursuant to Office of the Attorney General, Department of Legal Affairs, State of Florida v. Millennium Commissions & Fulfillment, Inc., 800 So.2d 255 (Fla. 3rd DCA 2001). NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Pemtits", Section 117.99, "Penalty/', of the Code of Ordinances of the Gty of Delray Beach, Florida, shall hereby be amended to read as follows: Sec. 117.99. PENALTI'. Should any person or entity regirimd to obtain a landlord permit under Section 117.01 not file an application for such landlord permit within thirty (30) days of acquiring interest in any qualifying properi}; or renew such pemit within sixty (60) days of the annual renewal date, the permit n~e¢lect or good cause to waive all or part of the triple fee penalty. an unreasonable burden or expense. Sectlon 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordnance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2008. ATTEST MAYOR City Qerk Fast Reading_ Second Reading ORD. N0.29-08 C..t, .~l\ JJ o0 ORDINANCE N0.29-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 117, "LANDLORD PERMITS", BY AMENDING SECTION 117.99, "PENALTY", TO PROVIDE FOR A WAIVER OF THE TRIPLE FEES UPON GOOD CAUSE SHOWN TO THE CODE ENFORCEMENT BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Ciry Commission of the City of Delray Beach, Florida, desires to provide a waiver from the triple fee penalty for late payment of landlord pemrit fees upon good cause shown by the landlord such as the existence of an undue burden or expense upon the landlord caused by extenuating circumstances or mistake outside of landlords' control; and WHEREAS, the Ciry Commission of the City of Delray Beach, Florida, desires to provide for exceptions to the triple fee penalty upon a showing of excusable neglect such as a reasonable misunderstanding, clerical error or other credible explanation pursuant to Bethesda Memorial Hospital Inc. v. Laska 977 So.2d 804 (Fla. 4th DCA 2000); and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide for exceptions to the triple fee penalty for a showing of good cause such as "an unreasonable burden" pursuant to Office of the Attorney General, Department of Legal Affairs, State of Florida v. Millennium Commissions & Fulfillment Inc., 800 So.2d 255 (Fla. 3rd DCA 2001). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: n 1. That Chapter 117, "Landlord Pertnits", Section 117.99, "Penalt}~', of the Code of Ordinances of the Ciry of Dekay Beach, Florida, shall hereby be amended to read as follows: Sec. 117.99. PENALTY. l~ Should any person or entity required to obtain a landlord permit under Section 117.01 not file an application for such landlord permit within thirty (30) days of acquiring interest in any qualifying property, or renew such pernut within sixty (60) days of the annual renewal date, the permit fees shall be tripled unless the Gode Enforcement Board makes a determination that there is excusable ne leg ct or good cause to waive all o~gart of the triple fee penalty. fll For purposes of Subsection 117.9901)_ "excusable neglect" shall mean a reasonable misunderstanding, clerical error or other credible explanation and "good cause" shall mean an unreasonable burden or expense. 'on 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYO R City Clerk First Reading Second Reading 2 ORD. NO.