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Prior to the issuance of any building permits for construction or renovation, the Building Official shall insure that all current requirements of the South Florida Building Code, as amended by Broward County and of the ordinances of the city have been met incident to the construction for sale of condominium units in structures that were previously not valid and existing condominiums on the date of the passage of this subchapter.
('69 Code, § 6-55) (Ord. 537, passed 7-14-80; Am. Ord. 1715, passed 5-2-12)
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)
CLEAN-UP UPON COMPLETION OF CONSTRUCTION
(A) Upon completion of the proposed development, building, or construction, all muck, organic matter, clay, rock, and all other unsuitable materials, including, but not limited to previously-demolished buildings, building foundations, pipes, septic tanks, appurtenances, timberbrush, stumps, roots, rubbish, debris, and all other obstruction resting on or protruding through the surfaces of the existing grounds and excavated areas shall be completely removed by any developer, builder, or permit holder from all building pads and surrounding public rights-of-way, underground utility easements, drainage ponds, and storm water disposal and retention areas without positive drainage systems.
(B) Organic matter may be left when properly certified by a registered engineer attesting to compliance with the Florida Building Code.
(C) It shall be the responsibility of the developer to construct or improve, or to post a bond guaranteeing improvement to, all roadways adjacent to and within the property being developed. There shall be no requirement to bond improvements for private roadways on private property. All improvements for private roadways must be 100% complete prior to the issuance of certificate of occupancy. No certificate of occupancy shall be issued unless all private roadways are completed, or uncompleted portions guaranteed by posting bond.
(D) The term
DEVELOPER shall include any party, including natural persons, partnerships, firms, corporations, or business entity conducting as a business demucking, excavation, fill, grading, subgrading, basecoursing, asphalt and concrete paving, sidewalk, swale, landscaping, irrigation, curbing, gutter, drainage system installation, pavement marking, or traffic sign, road sign, traffic signal, guardrail, or street lighting installation.
(E) The term
ROADWAY shall include all public and private roads, highways, alleys, driveways, and parking areas, and other asphalt or concrete pavements.
(F) The improvement shall include, but not be limited to, demucking, excavation, fill, grading, subgrade, basecourse, asphalt and concrete paving, sidewalk, swale, landscaping, irrigation, curbing, gutter, drainage system, pavement marking, traffic sign, road sign, traffic signal, guardrail, and street lighting.
(G) All improvements shall be done in accordance with the following basic criteria:
(1) Design criteria. As a minimum, all pavements shall be designed in accordance with the latest edition of "Manual of Minimum Standards for Design, Construction, and Maintenance for Streets and Highways" as published by the State of Florida, and the provisions of the Broward County Water Resources Management Division's "Grading and Drainage Regulations and Standards," except as modified herein, and the provisions of the city code of ordinances.
(2) Construction criteria. Construction materials and methods shall meet the requirements of the latest edition of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction" and supplements, except as modified herein, and the provisions of the city code of ordinances.
(3) Typical sections. Sketches of typical sections for various rights-of-way are attached to Ord. 792, which is on file in the office of the City Clerk and available for public inspection during the customary business hours.
(4) Subgrade. The entire width of the right-of-way shall be completely demucked before construction of the roadway begins. No material of classes A-5, A-7, or A-8 shall be allowed. All material supporting the roadway and shoulders shall be stabilized to have a minimum LBR of 40. Sub-grades shall be compacted to 95% of maximum density per AASHTO T-l80.
(5) Basecourse. Limerock bases shall be 6 inches for driveways and parking areas, 8 inches for local subdivision public and private roads, and l2 inches (in two lifts) for arterial roads. Limerock of the Miami formation shall be used, and shall have a minimum carbonate content of 60% (70% for arterial roads), and a minimum LBR of 100. Base material shall be compacted to a density of not less than 98% of maximum density as determined by AASHTO T-l80.
(6) Wearing (surface) courses.
(a) For all roads except arterial, the surface course is to be a minimum one and one-half (1½") inch asphaltic concrete FDOT type S-III (in two lifts).
(b) For arterial roads, surface courses are to be of asphaltic concrete construction in two lifts as follows:
1. Bottom course -minimum one and one-fourth (1 1/4") inch thick (D.O.T.) type S-1.
2. Top course -minimum three- quarter (3/4") inch thick (D.O.T.) type S-3. A tack coat shall be used between paving courses, and a prime coat shall be used on the finished rock base.
(7) Curb/gutter. All curb elements on arterial roads shall have a limerock foundation or "pad" of at least four-inch thickness, compacted to 98% of maximum density, per AASHTO T-180.
(8) Sidewalks. Sidewalks shall be of concrete with a minimum thickness of four inches, six-inch thickness required at driveways.
(9) Underground utilities. All underground utility mains and structures, for water, sewer, gas, drainage, telephone, power, cable TV, and others, must be installed, inspected, tested, and approved prior to any subgrade construction.
(10) Traffic engineering. The construction plans must include plans for traffic signs, street number signs, pavement markings, and street lighting.
(H) Detail plans must be reviewed and approved by the Engineering Department.
(Ord. 648, passed 3-16-83; Am. Ord. 792, passed 6-4-86; Am. Ord. 1191, passed 11-20-96; Am. Ord. 1715, passed 5-2-12) Penalty, see § 10.99
PROPERTY MAINTENANCE CODE
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