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HomeMy WebLinkAbout2014-012 Fire Department and Building Department Plan Review Fees for Commercial ProjectsORDINANCE NO. 2014-012 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA PERTANING TO THE FIRE DEPARTMENT PLAN REVIEW FEE AND TO THE BUILDING PLAN REVIEW FEE FOR COMMERCIAL PROJECTS; PROVIDING FOR THE TEMPORARY SUSPENSION OF THE FIRE DEPARTMENT PLAN REVIEW FEE FOR COMMERCIAL PROJECTS UNTIL DECEMBER 31, 2014 AND PROVIDING THE FIRE DEPARTMENT PLAN REVIEW FEE EFFECTIVE JANUARY 1, 2015; PROVIDING FOR THE DEFERRAL OF PAYMENT OF CERTAIN BUILDING PLAN REVIEW FEES; PROVIDING FOR RETROACTIVE APPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (the "Ocoee City Commission ") recognizes that the adverse effects of the national recession and the financial and credit crises are still impacting the state and local economy; and WHEREAS, the Ocoee City Commission hereby finds it is in the best interest of the citizens of Ocoee to try to help encourage economic development of commercial projects by temporarily suspending the Ocoee Fire Department plan review fee associated with new commercial development until December 31, 2014, by providing a new Ocoee Fire Department plan review fee effective January 1, 2015 and by deferring payment of certain building plan review fees. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority 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 Chapter 166, Florida Statutes. SECTION 2. Amendment to Section 78 -20.B Section 78 -20.13, of Article III (Plan Review, Permit and Inspection Fees) of Chapter 78 (Fire Prevention Code, Local Amendments) of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 3. Amendment to Section 51- 128(G)(1). Section 51- 128.6.1 (Plan review, inspections and reinspections) of Section 51-128 (Permit Application; fees) of Article III (Building Construction) is hereby amended to read as follows: See Exhibit "B" attached hereto and by this reference made a part hereof SECTION 4. Retroactive Application of Fire Department Plan Review Fee The temporary suspension by the Ocoee Fire Department plan review fee for commercial developments as set forth in Section 3 of this Ordinance shall be retroactive to April 1, 2014. Any such plan review fees paid to the City between April 1, 2014 and the effective date of this Ordinance shall be refunded to the party paying such fee. Any such refund shall be made within thirty (30) days from the effective date of this Ordinance. No interest shall be paid on any such refunded amount. SECTION 5. Severability 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 riot affect the validity of the remaining portion hereto. SECTION 6. Codification It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of' the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re- lettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by tiling a corrected or re- codified copy of same with the City Clerk. SECTION 7. Effective Date This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this th day of -y 2014. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _. Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY 13Y THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of 2014. ADVERTISED S 0 e , 2014 READ FIRST TIME , 2014 READ SECOND TIME AND ADOPTED 12wi ' UNDER AGENDA ITEM NO. SHUFFIELD, LOWMA &WILSON, P.A. By; C:3 S-ilyAttorney EXHIBIT "A" Strikethrough text denotes deletions to text originally appearing in the Code and double - underlined text denotes additions to text originally appearing in the Code. Amendment to Section 78 -20.B Section 78 -20.13. of Article III (Plan Review, Permit and Inspection Fees) of Chapter 78 (Fire Prevention Code, Local Amendments) of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: B. In addition to any fees paid at the time of application for a building permit pursuant to Chapter 51 of the Code of Ordinances of the City of Ocoee, at the time of such application, the applicant shall also pay the following nonrefundable plan review fee for review by the Fire Department, to be collected by the Building Department: (l) Plan review: (a) Residential: no fee. (b) Commercial: no fee until Decemb 31. 2014: '/a = oft % beginning January 1, 201 (2) Value of construction for purposes of calculating the above fee shall be determined in accordance with Section 51 -128 of the Code of Ordinances of the City of Ocoee. (3) There shall be no additional charge for initial inspection conducted by the Fire Department. (4) Plan review fees shall not be charged for construction projects when constructions plans or drawings are not required. EXHIBIT "B" Strikethrough text denotes deletions to text originally appearing in the Code and double - underlined text denotes additions to text originally appearing in the Code. Amendment to Section 51- 128.G.M. Section 51- 128.G.1 (Plan review, inspections and reinspections) of Section 51 -128 (Permit Application; fees) of Article III (Building Construction) is hereby amended to read as follows: G. Plan review, inspections and reinspections. In addition to any permit fees payable as provided in this article, the following plan review and inspection fees must also be paid prior to the issuance of any permit, except as provided in subsection ( (1) Plan Review and inspection flees: (c) New_Commercial._(aDDlicable only to projects where the value of constr exc eeds 20 0 00.00): (i) $1 OWN non - ref undable application fee due at time of application (to be credited t o the tot plan review fee); and '/z-of I % of value of construction for plan . review, in addition to the em it fee to_ mid at the time when the building permit is issued.