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conducts fire inspections, the language about the fire inspections is obsolete.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