HomeMy WebLinkAboutDocumentation_Regular_Tab 17_5/9/2019Keith W. Davis, Esq.
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Email: keith@davisashtonlaw.com
April 11, 2019
MEMORANDUM
To:Mayor Brennan; Council Members Arena,Brandon,Johnsonand Stone
Cc:ActingManagerWeinand,Clerk McWilliams
Fr:Attorney Davis
Re:Amendments to Chapter 14 of the Village Code.
The following describes in detail the above referenced agenda item:
This ordinance proposes to amend Chapter 14 of the Village’s Code of Ordinances by
repealing certain local administrative amendments to Chapter 1 of theFlorida Building
Code. It is the opinion and recommendation of the Building Official that these local
amendments are obsolete and should be repealed. The current edition of the Florida
Building Code contains the appropriate administrative provisions which the Building
Official will utilize.
In addition to the above, these amendments are part of the remedial action agreed to by
the Village in relation to the recent OIG audit of the Village’s sidewalk contract.
There is no financial impact to the Village as a result of the adoption of the proposed
ordinance.
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LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS
ORDINANCENO.14-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA AMENDING CHAPTER 14. BUILDINGS AND
BUILDING REGULATIONS. AT ARTICLE II. BUILDINGS. TO REPEAL
OBSOLETE LOCAL AMENDMENTS TO THE BUILDING CODE AT
SECTION 14-32. SECTION14-33; AT ARTICLE IV. HOUSING; AT ARTICLE
VI. PERMIT FEES. SECTIONS 14-152. BUILDING PERMITS, 14-153.
PLUMBINGPERMITS,14-154.ELECTRICALPERMITS,14-155.
MECHANICAL PERMITS, 14-156.GAS PERMITS,AND 14-157. FEE FOR
JOBS STARTED WITHOUT PERMIT,AND PROVIDE CROSS-REFERENCE
TO APPENDIX C FOR ALL PERMIT FEEINFORMATION; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS,the Florida legislature has adopted a statewide Building Code whichtook
effect December 31, 2017which is informally known as the “Florida Building Code”; and
WHEREAS,the Village had previously adopted various local amendments to the building
code which are no longer necessary under the current building code; and
WHEREAS,the Village Council desires to repeal said local amendments as obsolete and
no longer necessary under the current building code.
NOW, THEREFORE, BE IT ORDAINEDBY THE VILLAGE COUNCILOF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1:Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of
the Village of Tequesta Article II. Buildings. Section14-32. Local Amendments to Chapter 1,
Administration of the Florida Building Code adopted. is hereby repealed in its entirety, and is
reserved for future use.
Section 2:Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of
the Village of Tequesta Article II. Buildings. Section14-33. Establishment of wind speed lines. is
hereby repealed in its entirety, and is reserved for future use.
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.Section 3:Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of
the Village of Tequesta Article IV. Housing. is hereby repealed in its entirety.
Section 4:Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of
the Village of Tequesta Article VI. Permit Fees,is herebyamended to delete all language in
Sections 14-152. Building permits, 14-153. Plumbing permits. 14-154. Electrical permits, 14-155.
Mechanical permits, 14-156. Gas permits, and 14-157. Fee for jobs started without permit,and
provide cross-reference to Appendix C for all permit fee information, providing that Article VI.
Permit Fees. shall hereafter read as follows:
ARTICLEVI. PERMIT FEES.
All permit fees are set by resolution of the village council and are set out in Appendix C,
which resolution may be amended from time to time.
Sec. 14-152. -Building permits.Reserved.
(a) On all buildings, structures or alterations requiring a building permit as set forth in the village
building code, a fee shall be paid to the building official as required at the time of filing
application in accordance with the fee schedule established by resolution of the village council
and set out in Appendix C.
(b) Requests for refunds of permit fees paid must be submitted to the department of community
development within 30 days of the date of issuance of the permit. There shall be no refunds of
the plan submittal and review fee paid at the time of application for permit.
(c) If a permit expires, renewal of the expired permit shall require the payment of the full permit
fee in effect at the time of renewal. Subject to the approval of the buildingofficial, one or more,
not to exceed four, requests for permit extensions can be made prior to the expiration of a permit.
However, in no event shall extensions be granted by the building official on projects which have
received variances, special exceptions, and site plan reviews which have otherwise lapsed
pursuant to thechapter 78. A fee as set by resolution of the village council and set out in
Appendix C shall be required for each approved permit extension.
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(d) There shall be a fee for each reinspection made due to condemnation (red-tag or failed
inspection) of work or work not ready at the time specified in the application for inspection, or
for failure to call for final or other inspection, as set by resolution of the village council and set
out inAppendix C.
Sec. 14-153. -Plumbing permits.Reserved.
(a) On all plumbing work requiring a permit as set forth in the village plumbing code, fees shall
be paid to the building official as required at the time of filing application in accordance with the
fee schedule established by resolution of the village council and set out in Appendix C.
(b) On all irrigation sprinkler systems requiring a permit as set forth in the village building code,
fees shall be paid to the building official as required at the time of filing application in
accordance with subsection (a) of this section.
(c) On all mechanical equipment work requiring a permit as set forth in the village building code,
fees shall be paid to the building official as required at the time of filing application in
accordance with subsection (a) of this section.
(d) There shall be a fee as set by resolution of the village council and set out in Appendix C for
each reinspection made due to condemnation (red-tag or failed inspection) of work or work not
ready at the time specified in the application for inspection, or for failure to call for final or other
inspection.
Sec. 14-154. -Electrical permits.Reserved.
(a) On all electrical work requiring a permit as set forth in the village electrical code, fees shall
be paid to the building official at the time of filing application in accordance with the fee
schedule established by resolution of the village council and set out in Appendix C.
(b) For each reinspection made due to condemnation (red-tag or failed inspection) of work or
work not ready at the time specified in the application for inspection, or for failure to call for
final or other inspection, there shall be a fee as set by resolution of the village council and set out
in Appendix C.
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Sec. 14-155. -Mechanical permits.Reserved.
(a) On all mechanical work requiring a permit as set forth in the building code, fees shall be paid
to the building official as required at the time of filing application in accordance with the
schedule established by resolution of the village council and set out in Appendix C.
(b) There shall be a fee for each reinspection of a heating, ventilating, air conditioning or
refrigeration system made due to condemnation (red-tag or failed inspection) of work or work
not ready at the time specified in the application for inspection, or for failure to call for final or
other inspection, as set by resolution of the village council and set out in Appendix C.
Sec. 14-156. -Gas permits.Reserved.
(a) On all gas installation or dismantling work requiring a permit as set forth in the village gas
code, fees shall be paid to the building official at the time of filing application in accordance with
the fee schedule established by resolution of the village council and set out in Appendix C.
(b) There shall be a fee for each reinspection made due to condemnation (red-tag or failed
inspection) of work or work not ready at the time specified in the application for inspection, or
for failure to call for final or other inspection, as set by resolution of the village council and set
out in Appendix C.
Sec. 14-157. -Fee for jobs started without permit.Reserved.
A fee triple the regular fee shall be charged for every job started without a permit.
Section 5: This Ordinanceshall take effect immediately upon adoption.
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