81-94 ORDINANCE NO. 81-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117,
"LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY ADDING CERTAIN
LANGUAGE FOR THE PURPOSE OF CLARIFICATION; AMENDING
CERTAIN LANGUAGE TO REFLECT THE CORRECT CODE
REFERENCES; AMENDING SECTION 117.02, "PERMIT FEES",
TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ That Title XI, "Business Regulations", Chapter
117, "Landlord Permits", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
CHAPTER 117: LANDLORD PERMITS
Section 117.01 PERMIT REQUIRED.
(A) No person, company or other entity who leases or offers
for lease any residential units within the city may enter into any
arrangement, written or otherwise, which constitutes a lease of
property which is used for residential purposes, unless a landlord
permit is obtained or in existence for the rental units. All oral
rental arrangements shall be included within the scope of this
section, but the operation of a hotel shall not (any building which
fits the definition of hotel but also fits the definition of another
use which requires a landlord permit shall be interpreted to require a
landlord permit).
(B) A separate permit shall be required for each rental
unit; however, where a building contains a number of rental units
under the same owner, or where a number of different owners in
one building authorize the same person or company to act as their
agent for the purposes of applying for a permit, a single permit
may be obtained for all qualifying units within a single building
which are under the same owner or agent, provided that the permit f~
is paid for each individual unit. Nothing in this section shall
require a permit for any unit enrolled in federal housing programs or
under Federal Housing Urban Development general supervision.
Section 117.02 PERMIT FEES.
Applications for a landlord permit shall be available
through the ~d~ Community Improvement Department. The annual
permit fee shall be ~/~ $15.00 per unit. Such permit shall be for
one year from the date of issue on November i of each year//~/~
Section 117.03 APPROVAL OF APPLICATION.
(A) The Chief Building Official, or his designee, shall
grant approval for the lease of units within the city for residential
purposes upon a determination:
(1) That the applicant has an interest in the property
or is the agent or acting under the permission of one with a
sufficient interest in the property to obtain a landlord permit;
(2) That the units comply with the requirements of the
Housing Code as set forth in ¢~~/~/~/~/¢~/~/~~
Section 7.4.1 of the Land Development Regulations of ~he City
Delray Beach with regard to those facilities necessary to make the
rental unit habitable; and
(3) That the rental of the units is in compliance with
applicable zoning code regulations f~¢~/~~$/~] as enumerated in
Chapter 4 of the Land Development RegulatiOnS.
(B) The permit shall state the maximum number of persons
who can occupy each unit. That number shall be no more than two per
bedroom plus two additional persons per unit, provided that ~~g/~
relationship of the occupants does ~o~ violate~ the definition of
family ~//~¢///~/~ as defined in Appendix A of the La~d
Development Regulations. This section shall not be interpreted to
prohibit a landlord from renting a unit to a family as defined by
~7~/~ Appendix A of the Land Development Requlatio~s.
Section 117.04 APPEALS.
.Appeals of a denial of a landlord permit shall be made to
the Permit Review Committee which shall consist of the City Manager,
the Community Development Coordinator and the Planning Director or
their respective designees. The City Attorney's office shall act as
counsel to the Permit Review Committee. Requests for appeal must be
made in writing and received by the ¢$~ Chief Building Official
within thirty (30) days of formal notice of denial with the date of
the notice of denial being the first day. Decisions of the Permit
- 2 - Ord. No. 81-94
Review Committee may be appealed to the City Commission, whose
decision shall be final subject to any appeal of such decision to the
circuit court.
Section 117.05 INSPECTIONS.
The Chief Building Official or his designee may inspect all
rental units or units which are reasonably suspected to be rental
units for compliance with this section at reasonable hours
~//~$¢~/~ with the permission of the owner, agent or tenant~
~W~¢~¢~/~/~¢~;/ Where permission to inspect the premises
is denied to the city or where facts and circumstances reasonably
justify the ~~¢/~/#¢¢~/¢~#~ necessity for an inspection, the
city shall make an effort to obtain ~ /~~~ an inspection
warrant and shall conduct the inspection as required by law.
Section 117.99 PENALTY.
Should any person or entity required to obtain a landlord
permit under Sec. 117.01 not file an application for such landlord
permit within thirty (30) days of acquiring interest in
property ~¢~ /~¢ /~¢¢~ /~ /~ /¢~~, or renew such
permit within sixty (60) days of the annual renewal date, the permit
fees shall be tripled.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of Octob 1994.
A EST:
First Reading October 4, 1994
Second Reading October 18, 1994
- 3 - Ord. No. 81-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~UITYMJ~AGER
SUBJECT: AGENDA ITEM # /~ - MEETING OF OCTOBER 18, 1994
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 81-94/
LANDLORD PERMITS
DATE: OCTOBER 14, 1994
This is second reading and public hearing for Ordinance No. 81-94
which amends Chapter 117 of the City's Code pertaining to
landlord permits. The primary change is an increase in the
landlord permit fee from $13.00 to $15.00 per unit. This
increase is proposed in order to help offset administrative and
inspection costs associated with this service. In addition to
providing for a triple fee penalty for failure to obtain a
landlord permit within 30 days of acquiring interest in any
qualifying property, a tripled fee will also be imposed for
failure to renew a landlord permit within 60 days of the annual
renewal date.
The balance of the amendment has to do with the addition of
certain clarifying language, as well as removing obsolete code
cites and replacing them with correct references.
At first reading on October 4, 1994, the Commission passed the
ordinance by a 4 to 0 vote.
Recommend approval of Ordinance No. 81-94 on second and final
reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AG .NDA ITEM # - MEETING OF OCTOBER 4. 1994
FIRST READING FOR ORDINANCE NO. 81-94/LANDLORD PERMITS
DATE: SEPTEMBER 29, 1994
This is first reading for Ordinance No. 81-94 which amends Chapter
117 of the City's Code pertaining to landlord permits. The primary
change is an increase in the landlord permit fee from $13.00 to
$15.00 per unit. This increase is proposed in order to help offset
administrative and inspection costs associated with this service.
In addition to providing for a triple fee penalty for failure to
obtain a landlord permit within 30 days of acquiring interest in
any qualifying property, a tripled fee will also be imposed for
failure to renew a landlord permit within 60 days of the annual
renewal date.
The balance of the amendment has to do with the addition of certain
clarifying language, as well as removing obsolete code cites and
replacing them with correct references.
Recommend approval of Ordinance No. 81-94 on first reading. If
passed, second reading and public hearing will be held on October
18, 1994.
ref:agmemo7
MEMORANDUM
TO: DAVID T. HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: AMENDMENT TO CHAPTER 117 - LANDLORD PERMITS
DATE: SEPTEMBER 22, 1994
ITEM BEFORE THE COMMISSION:
Commission consideration is requested for approving an amendment
of Chapter 117, Landlord Permits, of the Code of Ordinances,
providing for an increase in the permit fee from $13.00 to $15.00
per unit.
BACKGROUND:
The City Commission established the requirements for landlord
permits under Ordinance 80-87 on October 13, 1987. Since that
time, the Community Improvement Department has been responsible
for the initial application and processing of the annual renewal
notices.
To date, we have 3,852 units that have been permitted, which is
an increase of 15% from last fiscal year. Due to the volume of
landlord permits now on file and the number of inspections
required, the increase will assist in covering some of the costs
in providing this service to our customers.
RECOMMENDATION:
Staff recommends approval of the amendment to Chapter 117 to
increase permit fees from $13.00 to $15.00 on first reading and
authorize the public hearing for the next regular Commission
meeting on October 18, 1994.
LB:DQ
Attachment
Landlord. CC
. · Agenda Item No.:
! =
· AOEh'DA ~EQOES~
Date: 9/22/94
Request to be placed on:,
X Regular Agenda Special Agenda Workshop Agenda
When: 9/27/94
Description of agenda item (who, ~hat, ~here~ how much):
Amendment to Chapter 117 of the Code of Ordinances
Landlord Perm±t - Fee increase from $13.00-$15~00
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
RecommendatioN: Approval
/
Determination of Consiatenc¥ with Comprehensive Plan:
city Attorney Review/ Recommendation (if applicable): ....
Budget Director Review (required on all Items involving expenditure
og funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
.o
Hold Until: '
Agenda Coordinator Review:
Received: ''
Action: Approved/Disapproved