HomeMy WebLinkAboutOrdinance 90-17
ORDINANCE NUMBER 90-17
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE PRESENT CHAPTER 13 OF THE CODE OF ORDINANCES OF
THE CITY OF OCOEE, FLORIDA, RELATING TO OCCUPATIONAL
TAXES; AMENDING SECTIONS 13.102(0), 13.3(b), 13.5,
13.7(0), 13.18(a), 13.19(a), 13.20, 13.27 AND 13.52
TO SUBSTITUTE THE BUILDING OFFICIAL FOR THE CITY
CLERK WITH RESPECT TO MATTERS RELATING TO OCCUPATIONAL
LICENSES; AMENDING SECTION 13.6 RELATING TO THE
ISSUANCE OF LICENSE TAX CERTIFICATES AND NOTICE TO
CITY DEPARTMENTS; CREATING A NEW SECTION 13.21-1 OF
THE CODE RELATING TO REGULATORY LICENSES; CREATING
A NEW SECTION 13.21-2 OF THE CODE RELATING TO A
LEGEND TO BE PLACED ON EACH OCCUPATIONAL LICENSE;
AMENDING SECTION 13.3 OF THE CODE BY THE ADDITION
OF A NEW SECTION 13.3(m) REGARDING THE BUILDING
OFFICIAL; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSON OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
section 1. The City commission of the City of Ocoee has
the authority to adopt this Ordinance pursuant to Article VIII of
the Constitution of the State of Florida and Chapters 166 and
205, Florida statutes.
section 2. The present section 13.102(0) of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to
read as follows:
(0) The eiey-e~e~k Buildinq Official shall have the
right and authority to revoke any license granted
under this e~difiafiee Chapter for noncompliance with
the provisions of this Chapter e~difiafiee.
section 3. The present section 13.3(b) of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to
read as follows:
(b) License tax certificate; license certificate.
"License tax certificate" and "license certificate"
shall mean and include the certificate or document
to be issued by the eiey-e~e~k7-e~-efte-e~e~kLs
a~efte~i~ed-de~Hey Buildinq Official evidencing
payment of the license tax initially imposed and
required for the issuance thereof.
section 4. The present section 13.5 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to
read as follows:
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SECTION 13.5 LICENSE TAX CERTIFICATE-FORM
Each license tax certificate shall be prepared and issued
by the eiey-e~e~k Buildinq Official in the manner and form
prescribed by the e~e~k Buildinq Official and shall state
upon the face thereof, among other things, the following:
(a) The name of the person to whom issued.
(b) The classification of the business, occupation or
profession engaged in and the section and subsection
of this e~difiafiee Chapter in which the same is
described and the amount of the license tax as
specified.
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(c) The address of the location at or from which the
business, occupation or profession is conducted,
and, where it is different, the mailing address of
the business, occupation or profession upon which
the license tax is imposed, or where no fixed place
of business is maintained, the mailing address of
the person to whom the license certificate has been
issued. The mailing address so appearing shall be
the address to which all notices required or
authorized in this e~a~HaHee Chapter shall be sent
unless the person to whom the license certificate
is issued shall request in writing that another
address be used for such purpose.
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(d) The period for which the license certificate has
been issued.
(e) The serial number assigned to the license
certificate by the e~~y-e%e~k Buildinq Official.
section 5. The present section 13.6 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to
read as follows:
SECTION 13.6. ISSUANCE OF LICENSE TAX CERTIFICATE-
NOTICE OF CITY DEPARTMENTS
(a) The Building Official shall not issue an initial
license unless a valid certificate of Occupancy has been
issued by the City for the person to occupy the premises at
which the person proposes to enqaqe in the business. occupation
or profession for which a license hereunder is sought. If
the Buildinq Official cannot verifY the issuance of such a
valid certificate of Occupancy, then he shall in lieu thereof
verifY that the occupancy of the premises at which the person
proposes to enqaqe in the business, occupation or profession
for which a license hereunder is souqht will be in compliance
with the applicable codes and requlations of the City, the
County and the State, includinq all buildinq, fire, zoninq
and health codes.
lQl The e~~y-e%e~k Buildinq Official, upon
issuance of a license hereunder, shall advise the appropriate
departments responsible for health, welfare, and safety
inspections that a license has been issued to do business
conditioned upon the licensee's compliance with applicable
codes and regulations of the City, the County and the State,
including all building, fire, zoning, and health codes.
section 6. The present section 13.7(c) of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to
read as follows:
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(c) In any instance where an initial license is to be
issued to a new business during the license year,
the e~~y-e%e~k Buildinq Official shall forward an
invoice to the licensee for payment, unless payment
has been received at the time of application. A
date for payment without penalty shall be established
on the invoice. Should payment not be received
within the time specified, the delinquent penalty
rates described above shall be enforced.
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section 7. The present section 13.18(a) of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to
read as follows:
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(a) Whenever any license tax imposed, levied or provided
for under this e~aifiafiee Chapter becomes delinquent,
the ei~y-e~e~k Building Official shall notify the
licensee of the delinquency by certified mail.
Such notice may be sent separately or together with
the notice of revocation and suspension of the
license tax certificate. If the license tax remains
unpaid for thirty (30) days following the mailing
of the notice of delinquency the ei~y-e~erk Buildinq
Official shall file a Notice of Lien in the
Official Public Records of Orange County. The
Notice of Lien shall state among other things, the
date the license tax became delinquent, the amount
of tax due, the date the Notice of Delinquency was
mailed, a statement that the licensee is also liable
for all interests and penalties due on the tax owed.
A copy of the Notice of Lien shall be sent to the
licensee.
section 8. The present section 13.19(a) of the Code of
Ordinances of the City of Ocoee, Florida is hereby amended to
read as follows:
(a) Upon the date and at the time any license tax
imposed, levied or provided for under this eraiftaftee
Chapter becomes delinquent, the ei~y-e%erk Buildinq
Official shall revoke the license tax certificate
theretofore issued for such business, occupation or
profession and shall serve notice of such revocation,
either by mail or by hand delivery, upon the licensee
and the licensee shall forthwith upon such revocation
surrender and deliver up such revoked license
certificate to the ei~y-e%e~k, e~-~fte-e%erkL~
a~~fte~i~ea-~e~~e~efi~a~ive Buildinq Official, and it
shall be unlawful for any person to retain such
license certificate or to engage in or operate any
business, occupation or profession the license
certificate of which has been revoked. The provi-
sions of this section shall apply notwithstanding
any other provisions of this e~aifiafiee Chapter
authorizing the City commission or any individual,
officer, commission or body to revoke or suspend
any license or license certificate; but the provi-
sions of this section shall not operate as a
limitation of any such other provisions contained
or set forth elsewhere in this e~ai"a"ee Chapter.
section 9. The present section 13.20 of the Code of
Ordinances of the city of Ocoee, Florida is hereby amended to
read as follows:
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SECTION 13.20 SURRENDER OF LICENSE TAX CERTIFICATE
Upon the discontinuance, dissolution or other termination
of any business, occupation or profession for which a license
certificate has been issued under this e~ai"a"ee Chapter, or
upon the revocation or suspension of such license as herein
provided, the licensee shall forthwith and voluntarily surrender
and deliver up such license certificate to the ei~y-e%erkL~
effiee-e~-~e-~fte-ei~y-e~e~kL~-a~~fte~i~ea-~e~~e~e"~a~ive Buildinq
Official.
section 10. A new Section 13.21-1 of Chapter 13 of the
Code of Ordinances of the City of Ocoee, Florida, is hereby
adopted as follows:
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SECTION 13.21-1: Requlatory Licenses:
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The occupational licenses issued under the authority of
this Chapter are certificates of payment of the occupational
license taxes levied on the privilege of carrying on or
engaging in a business, profession, or occupation under the
City's taxing power. The occupational licenses are not regu-
latory licenses issued under the City's police power.
provisions of a regulatory nature contained in this Chapter
are placed in this Chapter as a matter of convenience only.
Although a separate regulatory license certificate is not
issued, such provisions are imposed as conditions of an
additional regulatory license imposed under the City's police
power to regulate businesses, occupations, professions, trades,
or callings in order to protect the public health, morals,
safety, and welfare.
section 11. A new section 13.21-2 of Chapter 13 of the
Code of Ordinances of the City of Ocoee, Florida is hereby
adopted as follows:
SECTION 13.21-2. Legend on Occupational Licenses
Commencing with licenses for the 1990-1991 fiscal year,
each Occupational License issued by the City shall contain
the following legend on the front of such license:
"This occupational license does not permit the
holder to operate in violation of any City law,
ordinance or regulation. Any change in location or
ownership must be approved by the City, subject to
zoning restrictions. This License does not constitute
an endorsement, approval or disapproval of the holder's
skill or competence or of the compliance or non-
compliance of the holder with other laws, regulations
or standards."
section 12. The present section 13.27 of the Code of
Ordinances of the City of Ocoee, Florida is hereby amended to
read as follows:
SECTION 13.27 Reqistration of Orange County occupational
license, and registration of persons claiminq to be
exempt from the provisions of section 13.1.
(a) Any person who does not maintain a permanent business
location or branch office within the City shall
register his Orange County Occupational License
with the e~~y-€rerk Buildinq Official for the
privilege of engaging in or managing any business,
occupation or profession within the city's juris-
diction. All said registrations shall expire on
September 30 of each year.
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(b) All persons, as defined in section 13.1 of this
Chapter eeae, claiming exemption from the requirements
of section 13.1 of this Chapter eeae must, before
commencing any such activities in the City, register
with and obtain a certification of registration and
exempt status from the e~~y-ererk Buildinq Official.
Applicants shall exhibit proof to the e~~y-ererk
Buildinq Official that they are entitled to such
exemption, and that they hold certificates of
competency or licenses as may be required by any
and all governmental agencies to permit engaging in
the occupation, business or profession for which
application of exemption is made, together with
name and permanent address of applicant and the
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person directly responsible for applicant's activi-
ties within the City, and such other data deemed
necessary by the e~~y-e~erk Buildinq Official to
protect the City and its citizens against unlawful,
fraudulent, or deceptive business practices or
incompetent performance of services. A fee of Five
Dollars ($5.00) to cover the costs of investigation
of applicant and processing of the application shall
be paid to the City e~erk when the application is
filed, and shall not be returnable under any
circumstances.
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section 13. The present section 13.52 of the Code of
Ordinances of the city of Ocoee, Florida, is hereby amended to
read as follows:
SECTION 13.52 PERMIT REQUIRED
In addition to the occupational license required by
section 13.22, agents, peddlers, canvassers, solicitors and
open air vendors as defined in section 13.50 shall obtain
from the Chief of Police a written permit to conduct business
within the City.
In addition to all other information required for an
occupational license, open air vendors must provide the e~~y
e~erk Buildinq Official with specific information regarding
the location the vendor will have his wares for sale and proof
of the owner's permission to use the property, a description
of the goods, wares or merchandise, the number of days and
the daily hours the vendor will be on the property selling
and other appropriate information as requested by the e~~y
e~erk Building Official.
section 14. The present section 13.3 of the Code of
Ordinances of the City of Ocoee, Florida is hereby amended by
the addition of a new subsection (m) thereof to read as follows:
(m) Building Official. "Building Official" shall
mean the Building Official of the City of Ocoee
or his designee.
section 15. If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the
validity of the remaining portion hereto.
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section 16. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this d/~ day of 4f4~SI- , 1990.
APPROVED:
ATTEST:
FLORIDA
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FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FOwt AND
LEGALITY, fthis $I;!!; day
of fr-' ~V) , 1990
FOLEY & LARDNER, VAN DEN BERG,
B:~Y' [J;q;:-ftjKIN
City Attorney
FLOPPY/4758000(9)
01 (08/07/90)
ADVERTISED /) 14 ~ (d l 1 , 1990
READ FIRST TtME: August 7, 1990
READ SECOND TIME AND ADOPTED
f7-U6tir;. r d I , 1990
APPROVED BY THE OCOEE CITY
COMMISSIONjAT A MEETING
HELD ON LL t{4 h.s'- .) I , 1990
UNDER AGENDA ITEM NO. VI
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