Ord 35-03ORDINANCE NO. 35-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY
BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS",
OF THE CODE OF ORDINANCES OF THE CITY OF DFJ,RAY BEACH,
FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO
PROVIDE FOR AN INCREASE IN THE FEES CHARGED AND
CLARIFYING THAT THE FEES ARE NOT PRORATED; AMENDING
SECTION 117.04, "APPEALS" TO CLARIFY THAT NOTICE SHALL BE
WRITFEN; AMENDING SECTION 117.05, "INSPECTIONS", TO CLARIFY
THAT UNITS MUST COMPLY WITH AIJ. CITY CODES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission has determined that by increasing the fee of the Landlord
permit and clarifying the notice and inspection provisions the health, safety and welfare of the
residents of Delray Beach is hereby promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DRI.RAy BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 117, "Landlord Permits", Section 117.02, "Permit Fees", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Sec. 117.02 PERMIT FEES.
Applications for a landlord permit shall be available through the Community Improvement
.... (~ ..... ~ thirty dollars $30.00 per unit~
Department. The annual permit fee shall be ~q~¢cn a_._~ ~ ~ ~m
Such permit shall be for one year from the date of issue on November 1 of each year. This fee shall
not be prorated.
Section 2. That Chapter 117, "Landlord Permits", Section 117.04, "Appeals", of the
Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to
read as follows:
Sec. 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 and Zoning 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 written notice of denial, with
the date of the notice of denial being the first day. Decisions of the Permit Review Committee may
be appealed to the City Commission, whose decision shall be final subject to any appeal of such
decision to the circuit corot.
Se¢6on 3. That Chapter 117, "Landlord Permits", Section 117.05, "Inspections", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Section 117.05 INSPECrIONS.
The Chief Building Official or his/her designee may inspect all rental units or units which are
reasonably suspected to be rental units for compliance with ~.'2: S¢c,~c,n all applicable City codes at
reasonable hours with the permission of the owner, agent or tenant, xvm ...... :__: .... : ......
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED~AND ADOPTED in regular session on second and final reading on this the
day o f~_J~'~ffl .2003.
City Clerk /t .
First Readin~ _
Second Readlng~_~i~at~ll~
2 ORD. NO. 354)3
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \0A~:~i_ REGULAR MEETING OF SEPTEMBER 23. 200,3
ORDINANCE NO. 35-03 (AMENDING CHAPTER 117)
SEPTEMBER 19, 2003
This ordinance is before Commission for second reading and public hearing mending Chapter 117,
"Landlord Permits", Section 117.02, "Permit Fees", of the City Code of Ordinances to increase the
landlord permit fee from $15.00 to $30.00.
The fee schedule currently in effect was adopted in 1994. The Landlord Permit Program has now
been implemented by other municipalities. City staff conducted a survey of the other cities and found
out fee to be substantially lower than most. The proposed $15.00 fee increase would generate
additional revenues in the estimated amount of $88,000. This will be used to implement a program of
landlord education and inspection of rental units.
At the first reading on September 9, 2003, the City Commission passed Ordinance No. 35-03.
Recommend approval of Ordinance No. 35-03 on second and final reading.
S:\Ci~ Clerk\agenda memo~\ Ord.35.03.Landlord Pemait Fees.9.23.03
Memo
To**
From:
Subject:
Date:
David Harden - City Manager
Lula Butler - Director, Community Improvement
Ordinance Amending Chapter 117~ Landlord Permits
September 4, 2003
Item Before the Commission:
City Commission approval to Ordinance 35-03 amending Chapter 117, Landlord Permits, Section
117.02 governing permit fees of the Code of Ordinances of the City of Delray Beach. The
amendment proposes to increase the permit fee fi:om $15.00 to $30.00, effective upon final adoption
of the ordinance.
Background:
The City implemented the Landlord Permit Program in 1988. The program requires a permit for all
rental units located within the jurisdiction of the City. The initial fee was established at $10 per unit
and increased to $15 in 1994. The Landlord Permit Program has now been implemented by a number
of municipalities. As we surveyed these cities, we found that our $15 fee was substantially lower than
most. Therefore, it is recommended that our landlord permit fee be increased fi:om $15 to $30,
effective with the adoption of this ordinance.
The additional revenue realized fi:om this increase will be used to fund the newly-created, Residential
Rental Housing position for the 2003/04 fiscal year. This will allow us to implement an education
program designed assist landlords with the selection of tenants, maintaining their property and
economically abating nuisances. In addition, we will be conducting random inspections of these
properties. The key goal of the program would insure that the City's stock of 6,000 residential units
meet our housing code requirements.
Our current revenue projection for fiscal year 2003 is $88,000. With the proposed increase in the fee,
the revenues for fiscal year 2004 are estimated at $176,800.
Recommendation:
Staff is recommending City Commission approval of Ordinance 35-03 amending Chapter 117,
Landlord Permits, Section 117.02 governing permit fees of the Code of Ordinances of the City of
Delmy Beach, increasing the permit fee from $15.00 to $30.00, effective upon final adoption of the
ordinance.
ORDINANCE NO. 35-03
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 AMENDING SECTION 117.02, "PERMIT FEES", TO
PROVIDE FOR AN INCREASE IN THE FEES CHARGED AND
CLARIFYING THAT THE FEES ARE NOT PRORATED; AMENDING
SECTION 117.04, "APPEALS" TO CLARIFY THAT NOTICE SHALL BE
WRITITiN; AMENDING SECTION 117.05, "INSPECTIONS", TO CLARIFY
THAT UNITS MUST COMPLY WITH ALL CITY CODES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission has determined that by increasing the fee of the Landlord
permit and clarifying the notice and inspection provisions the health, safety and welfare of the
residents of Delray Beach is hereby promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 117, "Landlord Pen'nits", Section 117.02, "Permit Fees", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Sec. 117.02 PERMIT FEES.
Applications for a landlord permit shall be available through the Community Improvement
Department. The annual permit fee shall be ....... dc,~aw.~.vw thirty, dollars $30.00 per unit.
Such permit shall be for one year from the date of issue on November 1 of each year. This fee shall
not be prorated.
Section 2. That Chapter 117, "Landlord Permits", Section 117.04, "Appeals", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Sec. 117.04 APPEALS.
Appeals of a denial of a landlord permit shall be made to the Pen-nit Review Committee
which shall consist of the City Manager, the Community Development Coordinator and the
Planning and Zoning 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 written notice of denial, with
the date of the notice of denial being the fnrst day. Decisions of the Permit 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 3. That Chapter 117, "Landlord Permits", Section 117.05, "Inspections", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Section 117.05 INSPECTIONS.
The Chief Building Official or his/her designee may inspect all rental units or units which are
reasonably suspected to be rental units for compliance with ~2a Scctic, n all applicable City codes at
reasonable hours with the permission of the owner, agent or tenant, wrt. ...... :_~: .... : ......
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
A'ITEST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 35-03
Memorandum
TO:
THRU:
FROM:
SUBJECT:
DATE:
Brian Shutt, Assistant City Attorney ] A ,~.,~.~~
Lula Butler, CommunityMI~ment Director ~L,~
Richard Bauer, Code Enforcement Administrator ~ '~
REVISIONS TO CODE OF ORDINANCES CHAPTER 117,
LANDLORD PERMITS
August 12, 2003
The City Manager received approval from the City Commission to increase the Landlord
Permit fee tO $30 (from $15).
To enact the fee change to $30, Chapter 117 of the Code of Ordinances will require
modification. Attached please find a copy of Chapter 117 with the fee and several other
proposed changes. Briefly, the changes proposed are:
Section 117.02: Change fee to $30.
-----'-'-7
Section 117.03: Change "Chief Building Official" to "Code
Enforcement Administrator." The Code Enforcement Division processes
and receives all Landlord Permit applications and does all data entry
117.04 A~l~eals:
word "notice."
Insert the word "written" in line 7 before the
Section 117.05: Change "Chief Building Official" to "Code
.~,,x~nforcement Administrator." Change "this section" in line 3 to "all
',2:'~pplicable City codes" We will be nrenarin'-
Rental Housing Inspection program funded by receipts from Landlord
Permits. The inspection program will be under Code Enforcement not the
Building Official and will encompass compliance to all applicable codes
not just those noted or mentioned in Chapter 117.
Also, our policy has been not to prorate Landlord Permit fees. Is this clear in the
ordinance or would you recommend wording enhancements?
Your help in preparing a new ordinance to reflect the above changes is appreciated.
P.$:mh RECEIVED
AUG ! 5 2003
CITY A'I-FORN EY
Chapter 117
Section 117.01
Section
117.01
117.02
117.03
117.04
117.05
C__~f~PTER 117 ~ LAEDLORD PERMITS
Permit required
Permit fees
Approval of application
Appe a i s
Inspections
117.99 Penalty
~ection 117.01 PERMIT REQUIRED.
(A) No parson: 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 tn existence for the rental units.
All oral rental arrangements shall be Included within the scope
of this section, hut 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
he 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 di~ferent 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 & single
building which ars under the same owner or agent, provided that
the permit fee 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 and Urban Development
general supervision.
(Ord. No.. 80-87, passed 10/13/87; Am. Ord. No. 81-94, passed
10/18/94)
Penalty, see Sec. 117.99
~ Appltc&tions for ~-.landlord permit shall be available
through the communi}~mprovemant Department. The annual permit
fee shall be $~~un~. Sl~ch permit shall be for one year
from the date of issue on /VU~W~$~W 1 of each year. ~~% ~o
(Ord. No. 80-87, ~assed 10/13/87& ~. Ord. No. 140-88, passed~
11/8/88; ~. Ord. No. 58-89, passed 9/26/89; ~. Oft. No. 65-91,
passed 9/24/91.; ~. Ora. No. 81-94, passed 10/18/94)
XI.76
Section 117.05
rental units or units which are reasonably suspected to be ten=a-
units for compliance with ~ ~gC~9~at reason_able hours with
the permission of th® oWner, agent or tenant. Where permission
to inspect the premises is denied to the City or where facts and
circumstances reasonably Justify the necessity for an inspection,
6'the City shall make an effort to obtain an inspection warrant and
)shall conduct the inspection as re.quired by law. _
~(Ord. No. 80-87, passed 10/13/87, Am. Ord. No. 81 94, passed
10/18/94)
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
any qualifying property, or renew such permit within sixty (60)
days of the annual renewal date, the permit fees shall be
tripled.
(Ord.. No. 80-87, passed 10/13/875 Am. Ord. No. 81-94, passed
10/18/94)
XI.78