Item #13 Proposed Amendment to the Code of Ordinances - Temporary Suspension of Fire Department Plan Review Fee for Commerical Projects She C of Good L
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AGENDA ITEM STAFF REPORT
Meeting Date: January 3, 2012
Item # /3
Reviewed By:
Contact Name: Michael Rumer, City Department Director:
Planner
Contact Number: Ext 1018 City Manager:
Subject: Proposed Amendment to the Code of Ordinances -
Temporary Suspension of Fire Department Plan Review Fee
for Commercial Projects
BACKGROUND SUMMARY:
As an economic incentive for new development, City Staff proposes a Code Amendment for the temporary
suspension of the Fire Department plan review fee for commercial projects for one year retroactive to
December 6, 2011. The plan review fee is 'A of 1% of the value of construction. For your review and
consideration, please find attached the proposed ordinance which contains the language for codification.
ISSUE:
Should the Honorable Mayor and City Commissioners approve an Amendment to the City of Ocoee Code of
Ordinances to include a Temporary Suspension of the Fire Department Plan Review Fee for Commercial
Projects?
STAFF RECOMMENDATION:
Staff recommends that the Mayor and City Commissioners approve Amending the City of Ocoee Code of
Ordinances to include a Temporary Suspension of the Fire Department Plan Review Fee for Commercial
Projects until December 31, 2012.
Attachments:
Ordinance
Financial Impact:
$76,750 (Projected Revenue in 2011/2012 Budget)
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
PERTAINING TO THE FIRE DEPARTMENT PLAN REVIEW FEE
FOR COMMERCIAL PROJECTS; PROVIDING FOR THE
TEMPORARY SUSPENSION OF THE FIRE DEPARTMENT
PLAN REVIEW FEE FOR COMMERCIAL PROJECTS;
PROVIDING FOR RETROACTIVE APPLICATION OF SUCH
SUSPENSION; 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.
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. Amendments, In General. Chapter 78 of the Code of Ordinances
of the City of Ocoee, Florida, are hereby amended as set forth in Section 3 of this ordinance, with
new wording being indicated by underlines and deleted wording being shown by strikethroughs.
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SECTION 3. Amendment to Section 78 -20.A. Section 78 -20.A 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:
A. The Fire Department shall perform a review of all pertinent building plans
and specifications submitted to the Building Department in order to determine
whether such plans and specifications comply with the Florida Fire Prevention
Code and this chapter. Separate permits will be required for fire protection
systems.
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:
(1) Plan review:
(a) Residential: no fee.
(b) Commercial: no fee until December 31, 2012; Effective
January 1, 2013, a fee of 1/2 of 1% of value of construction.
(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 construction plans or drawings are not required.
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SECTION 4. Retroactive Application. The temporary suspension of the Ocoee
Fire Department plan review fee for commercial developments as set forth in Section 3 of this
Ordinance shall be retroactive to December 6, 2011. Any such plan review fees paid to the City
between December 6, 2011, 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 not 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 relettered 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 relettered 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 filing a corrected or recodified copy of same with
the City Clerk.
SECTION 7. Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
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PASSED AND ADOPTED this day of , 20 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2011
READ FIRST TIME , 2011
READ SECOND TIME AND ADOPTED
,20
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 20 .
FOLEY & LARDNER LLP
By:
City Attorney
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