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In the event an attempt is made to convert any existing buildings within the city to condominium ownership, without compliance with this subchapter, the individual, firm, or corporate developer, as defined in F.S. Ch. 7l8, shall be penalized in accordance with § 10.99.
('69 Code, § 6-56) (Ord. 537, passed 7-14-80) Penalty, see § 10.99
INTERIM SERVICES AND FACILITIES FEE
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNER. That person or legal entity reflected on the public records of the county, as the owner of real property upon which a structure has been completed.
STRUCTURE. Any building constructed on real property located within the municipal boundaries of the city, which is not exempt from municipal ad valorem taxation as provided by general law.
('69 Code, § 6-57) (Ord. 578, passed 9-16-81)
As of the date a certificate of occupancy is issued by the Building and Zoning Department, every structure located within the city shall be subject to an interim services and facilities fee. This interim services and facilities fee shall be in effect until that date when the structure in question appears on the assessment rolls of the tax assessor's office in the county.
('69 Code, § 6-58) (Ord. 578, passed 9-16-81)
(A) Notwithstanding the fee calculation provided in division (B) below, the minimum interim services and facilities fee shall be $25.
(B) An interim services and facilities fee applicable to structures certified for occupancy by the Building and Zoning Department but not appearing on the county tax rolls as an improvement to real property shall be computed by the City Finance Department, according to the following criteria.
(1) Interim service fees shall be determined annually as follows:
(a) Fees will be based on cost of service and not on the increase in value of real property;
(b) Fees will be arrived at by using the proposed budget which reflects anticipated increases in level of service;
(c) The functional population shall be calculated annually and will estimate the number of residents, employees and customers in the city per average day;
(d) The expenditures per functional person is computed annually for appropriate expenditure categories;
(e) Expenditures per functional person are translated annually to expenditures per housing unit, per square foot of office or retail space and the like; and
(f) Assumptions and methodology based on Boynton Beach study done by Florida Atlantic University, Florida International University Social Center for Environmental on Urban Problems done in 1991.
(2) The interim services and facilities fee shall be computed at the rates set forth in Attachment A, available in the City Clerk's office for public inspection, with new rates being effective each October 1.
(3) The interim services and facilities fee shall be levied for municipal services rendered to those properties not exempt from ad valorem taxation and issued a certificate of occupancy either permanent or temporary, for a full or a partial use of the premises which has not received a tax bill.
(4) The minimum $25 fee shall be paid as the initial fee and credited against the balance of the fee for the remainder of the calendar year. The interim services and facilities fee may be billed monthly, at the city's option.
('69 Code, § 6-59) (Ord. 578, passed 9-16-81; Am. Ord. 1138, passed 10-18-95)
(A) The Building Official shall be charged with the collection of the interim services and facilities fee, which fee shall be collected from the owner as a condition precedent to the issuance of a certificate of occupancy or shell certificate of occupancy by the Building Department. Upon request for a certificate of occupancy, the chief Building Official shall request and shall receive a statement of the interim service and facilities fees due and payable for the structure in question from the Finance Department. The fee statements shall be presented to the owner and collected prior to the issuance of a certificate of occupancy. Subsequent to collection, and in any event on a daily basis, the Building Official shall remit monies collected pursuant to this section to the Finance Department.
(B) The Finance Director shall deposit all fees collected into a non-lapsing trust fund established and maintained by the city.
(C) The Finance Director is hereby directed to deposit all fees collected pursuant to Section 4.06 of the Charter into the non-lapsing trust fund created in accordance with the provisions set forth in this section.
(D) The use of the collected fees will be restricted and limited to the purchase of new or replacement equipment and the acquisition, expansion, and development of service facilities for new users, in a manner consistent with the principles set forth in Contractors and Builders Association of Pinellas County vs. City of Dunedin, 329 So.2d 314 (Fla. 1976) and otherwise consistent with all requirements of the Constitution of the United States, this state, and all applicable laws.
('69 Code, § 6-60) (Ord. 578, passed 9-16-81; Am. Ord. 805, passed 9-3-86)
A lien for all interim services and facilities fees shall attach to any property as of the date of the issuance of the certificate of occupancy by the City Building and Zoning Department and shall continue in full force and effect until discharged by payment as provided in this subchapter. These liens shall be foreclosed as provided by law.
('69 Code, § 6-61) (Ord. 578, passed 9-16-81)
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