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Item 8JAGENDA ITEM # 8J NOVEMBER 23, 2009 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Amendment to Section 20-52.1 of the City Code DATE: November 12, 2009 SUBMITTED BY: David E. ThompsoCity Manager BACKGROUND: On October 26, 2009, the City Commission passed amendments to Chapter 6 of the City Code to increase certain fees and to provide for additional fees for the services provided by the Building and Planning Department. One of the additional fees was a charge of $100.00 to pay for the building reviews when there is a change of businesses/tenants on commercial property. When businesses change on commercial properties, there are a number of reviews that are conducted by the Building and Planning Departments including zoning, parking, electrical, plumbing, and mechanical code reviews. Prior to the adoption of the new fees, no fees were charged for these reviews and inspections. After the adoption of the new review fees, staff found that the new Code appeared to be in conflict with an existing section of City Code. A sentence in Section 20-52.1 of the existing City Code read that, "The fee for the initial building inspection shall be included in the business tax fee hereunder specified and the fee for the fire inspection shall be as set forth in section 7-17." The new review fees appeared to conflict with this language. In reality, none of the money from the business tax fee was being used to pay for these reviews, and since Atlantic Beach no longer conducts fire inspections, the language about the fire inspections is obsolete. Staff recommends eliminating the sentence noted above. If the obsolete language is deleted, then there will no longer be a conflict between these sections of City Code. BUDGET: The additional fee for inspections was expected to provide approximately $8,400 in revenue during fiscal year 2009-10. If this fee is not implemented, then we may anticipate a corresponding shortfall in revenues for 2009-10. RECOMMENDATIONS: To adopt the recommended amendment to Section 20-52.1 of the City Code. ATTACHMENTS: Recommended amendment to Section 20-52.1 of the City Code REVIEWED BY CITY MANAG ENDA ITEM NUMBER: AGENDA ITEM # SJ NOVEMBER 23, 2009 ORDINANCE NO. -09- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES, TAXATION, ARTICLE III, LOCAL BUSINESS TAX, SEC. 20-52.1, INSPECTIONS, TO DELETE FEES FOR INITIAL BUILDING INSPECTIONS AND FIRE INSPECTIONS FROM BEING INCLUDED IN BUSINESS TAX FEES, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Sec. 20-52.1 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: "Sec. 20-52.1. Inspections. Prior to the issuance of a business tax receipt, the structure or site designated as the location of the business to be taxed shall receive the inspection and approval of the city fire inspector and building official to verify compliance with city building and fire codes. However, inspections for home occupations shall be at the discretion of the building official and fire inspectors. T"° ~c ~: tl~e i~~ *' "- '~a' - - +' SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2009. PASSED by the City Commission on second and final reading this day of 2009. ATTEST: DONNA BARTLE City Clerk LOUIS M. BORNO, JR. Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney