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2018-O-23 ORDINANCE NO.2018-0-23 AN ORDINANCE AMENDING AND RESTATAING CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS), ARTICLE I (IN GENERAL) IN THIS ENTIRETY; OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS,the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Chapter ll (Business Tax Receipts and Business Regulations), Article I (In General) is being amended and restated in its entirety to reflect the creation of a residential rental inspection program and changes to the Fees/Faxes associated with Business Tax Receipts. 2. Pursuant to Section 205.0535, municipalities may increase the rates of business taxes by up to five percent (5%) every other year by no less than a majority plus one vote of the City Council. 3. Business Tax Receipts and associated fees were last increased in 2004. WHEREAS, during the May 7, 2018 City Council Meeting, the City Council had directed staff to draft an ordinance that would implement a Residential Rental Inspection Program and; WHEREAS, the purpose of this Residential Rental Inspection Program would be to safeguard and preserve the housing stock of decent, safe and sanitary dwelling units within the city and to protect persons entering or residing in them by providing for a regular and comprehensive system of inspection of rental dwelling units and, through such inspections I c'-o '....ok t,,.o'•--ug:passages are deleted. Underlined passages are added. #2018-0-23 and/or owner certifications, identifying and requiring the correction of substandard conditions and; WHEREAS, on July 16, 2018 City Council reviewed the draft amendments to Chapter 11 (Business Tax Receipts and Business Regulations), that included the addition of the Residential Rental Inspection Program, and directed staff to place on the future agenda for consideration of adoption. NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND AND RESTATE CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS), ARTICLE I (IN GENERAL) IN ITS ENTIRETY,OF THE CODE OF ORDINANCES,CITY OF EDGEWATER,FLORIDA Chapter I I (Business Tax Receipts and Business Regulations) is amended and restated pursuant to Exhibit"A",which is attached and incorporated herein. PART B. CONFLICTING PROVISIONS All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance we hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. if this ordinance of any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART D. CODIFICATION 2 91raelcL4reugh passages are deleted. Underlined passages are added. #2018-0-23 Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention;provided,however,that Parts B through F shall not be codified. PART E. EFFECTIVE DATE This ordinance shall take effect as of January 1, 2019. PART F. ADOPTION After Motion to approve by Councilman Conroy with Second by Councilwoman Power, the vote on the first reading of this ordinance held on August 6,2018,was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary Conroy X 3 "•F��.. '",:-dwaug,',passages are deleted. Underlined passages are added. #2018-0-23 After Motion to approve by /7with Second by the the vote on the public hearing/second reading of this ordinance held on September 10,2018,was as follows: AYE NAY Mayor Mike Ignasiak �L Councilwoman Christine Power Councilwoman Amy Vogt �! Councilwoman Megan O'Keefe Councilman Gary Conroy PASSED AND DULY ADOPTED this I&day of September, 2018. ATTEST: CITY COUNCIL OF THE CITY OF TER,F EDGEWARID�Ay r. 'il<-,YAe� sl� A Robin L.Matusick Mike Ignasiak CityClerk/Paralegal Mayor t Por the usegDor�, relianceonlyby the City of Approved by the City Council of the City of - Edgewater, Approved as to form and Edgewater at a meeting held on this 10tl'day of 'I'egafity by: Wolfe,Esquire September,2018 under Agenda Item#8 G rney ims, Wolfe&Ciocchetti 4 gimek threto passages are deleted. Underlined passages are added. #2018-0-23 EXHIBIT"A^ CHAPTER 11 BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS ARTICLE L IN GENERAL Sec. 11-1. Persons subject to tax. A business tax for the privilege of engaging in or managing any business, profession or occupation within the city is hereby levied on the following persons: (l) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within the city. (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within the city. (3) Any person who does not qualify under the provisions of [subsections] (1) or (2) above and who transacts any business commerce where such business tax is not prohibited by the United States Constitution. Sec. 11-2.-Business tax receipt required; issuance. It shall be unlawful for any person described in section 11-1 to engage in or manage any business, profession or occupation in the city unless he holds a current business tax receipt to do so, which receipt shall be issued by the city upon payment of the business tax receipt required therefore. No person, firm or corporation may open any business to the public until they have applied and procured a certificate of use for each business location or premise. All businesses are required to obtain both,a business tax receipt and certificate of use for each location. Sec. 11-3. -Term of business tax receipt; proration of tax;delinquency charges. (a) All business tax receipts shall be sold by the city beginning July I of each year, are due and payable on or before September 30 of each year, and shall expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. For each receipt obtained for any new business, occupation or profession after April I of each year, one-half of the applicable annual business tax shall be paid. Business tax receipts which are not renewed on or before the expiration date may be reinstated thereafter upon payment by the holder of the receipt of the applicable business tax plus a delinquency charge in the amount of ten percent of such tax for the first month of delinquency, five percent each month of additional delinquency,up to a maximum of 25 percent. A new business tax receipt shall not be issued to any person for the privilege of engaging in or managing the same business, profession or occupation except upon payment of all past due business taxes and delinquency charges applicable thereto. 5 Stmek*Faugh passages are deleted. Underlined passages are added. #2018-0-23 (b) Any person who engages or manages any business, occupation or profession without first obtaining a business tax receipt, if required, is also subject to a penalty of 25 percent of the business tax due. (c) Any person who engages in any business,occupation or profession covered by this chapter, who does not pay the required business tax within 150 days after the initial notice of tax due, and who does not obtain the required business tax receipt is subject to civil actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts and a penalty of up to$250.00. Sec. 11-4. -Business tax receipt limits; transfer fee; no rebate. Any business tax receipt issued shall be good only for the particular business, profession or occupation and at the particular place of business designated in the business tax receipt and only for the person to whom the receipt was issued. Provided, however, all business licenses may be transferred to a new owner upon a bona fide sale of the business upon payment of a transfer fee of up to ten percent of the annual business tax, but not less than$3.00 nor more than $25.00 and presentation of evidence of the sale of the original receipt.Upon written request and presentation of the original receipt, any business tax may be transferred from one location to another location in the city upon payment of a transfer fee of up to ten percent of the annual business tax, but not less than $3.00 nor more than $25.00. Each such receipt transfer shall be made within 30 days after such sale or removal; otherwise the business involved shall become null and void and of no effect. No portion of any business tax receipt shall be rebated unless such business tax was collected in error. Sec. 11-5. -Revocation or suspension of business tax receipt;grounds. Any business tax receipt issued for any business, profession or occupation which the city council, in its discretion, shall determine is being operated in a manner that is not for the best interest, welfare, health, morals and safety of the community may be suspended for a period of time or revoked by the city council. Provided, however, prior to revocation or suspension of a receipt, the licensee shall be given at least five days' notice to appear before the city council to show cause why said receipt shall not be suspended or revoked. Sec. 11-6.-Exemptions. All persons exempt by state law from securing state and county business tax receipts shall be exempt from securing receipts under this chapter. Sec. 11-7.-Business tax schedule. The amount of the business tax receipt tax hereby levied for the privilege of engaging in or managing any business, profession or occupation within the city, pursuant to section 11-1 is set forth in the following schedule. Whenever any business, profession or occupation shall fall into 6 Stmek dwough passages are deleted. Underlined passages are added. #2018-0-23 more than one of the classifications contained in this schedule the person engaging therein shall be required to pay the tax required for each classification. The following annual, except as otherwise stated, designated business taxes shall be paid to the city by persons engaging in or managing or transacting the following businesses, occupations or profession within the city: (1) Abstractor title company $ 8652 91_16 (2) Accommodationsjor rent including single and multifamily residential homes apartments, motels, motor courts, cottages, hotels, boardinghouses—tc. (a) 1 to 2 rental units n/c (b) 3 to 10 rental units 25:94 30_39 (c) I 1 to 20 rental units 37$9 60_78 (d) 21 to 30 rental units 86.82 91_16 (e) 3l to 40 rental units 11336 121.55 (f) Each additional unit 2333 24_31 License must be taken out for all rental units whether used or unused. (Does not permit dining room without restaurant license). (3) Addressing, mailing or duplicating 40:32 42_55 (4) Advertising agency or trade inducement company 69.46 72_93 (5) Agents or agencies: (a) Collection agency 8652 91_16 (b) Credit reporting 57.89 60_78 (c) Booking agents 37:89 60_78 (d) Employment 1? 89 60_78 (e) Private detective agency(must register with police department) 86:82- 91_16 (f) Travel agents 5652- 91_16 (g) Security agency 96.822 91_16 (h) Mortgage broker 86.82 91_16 L Each additional 28.94 30.39 2. Stocks and bonds 86 822 91.16 (i) Other 4631 48_63 (6) Alcoholic beverages, spirits, beer and wine (understate supervision), nlc state license required (7) Ambulance service (not connected with hospital or funeral home) 81-04 85_09 (8) Animals (a) Kennel, state license required 8{-:04 85_09 (b) Boarding, state license required 91 04 85_09 (c) Grooming 4032 42_55 (d) Pet sitting 28,94 30_39 (Animal breeders must obtain a permit from the city animal control office in accordance with section 5-36 of the City of Edgewater Code of Ordinances) 7 Stt ek threegh passages are deleted. Underlined passages are added. #2018-0-23 I, (9) Archery range 40 32• 42_55 (10) Armored car service: (a) 1 to 3 vehicles 5799 60_78 (b) Each additional vehicle +7,37 18_24 (l l) Arms dealer, handling those known as concealed weapons, alone 33.59 60_78 or in conjunction with any other business (as defined in F.S.ch. 790) (12) Auctioneer 40 32 42_55 (13) Auctionshops 84.5? 91_16 (14) Automotive: (a) Sales 1. New cars {44:70 151.94 2. Used cars a. 1 to 10 cars 28294 30_39 b. 11 to 50 cars 4032 42_55 c. 51 to 100 cars 37-.89 60_78 d. 101 and over 9840 103.32 (b) Minor repair service(state registration required) 81:.04 85_09 (c) Motor vehicle repair shop 81-84 85_09 (d) Motor vehicle repair 4032 42_55 (e) Pumps(gas, kerosene, diesel). 1. 1 to 4 pumps 28.94 30_39 2. Each additional pump 539 6.08 (f) Auto machine shop 4631 48_63 (15) Auto salvage Ili 76- 121.55 (16) Aviation service 46.31 48_63 (17) Ball, concerts, parades, carnivals, circus, exhibitions (special activities) fees/costs set pursuant to the applicable fee resolution. (18) Barbershop and cosmetology (retail sales must have separate licenses), state license required (a) One owner operator 4631 48_63 (b) Each additional operator 2&94 30_39 (c) Shoe shine stand n/c (d) Manicurist&nail sculpture, pedicurist 2894 30_39 (e) Tanning salons 28.94 30_39 (f) Other 29 94 30_39 (19) Bicycles for rent(not in connection with other business) 2&94 30_39 (20) Billiards,pool, electronic games, etc.: (a) l to 10 machines 2&94 30_39 (b) 1 l to 25 machines 4631 48_63 (c) Each additional machine 11:38 12_16 (21) Boats,ferry and sightseeing, used wholly or in part as ferry sightseeing boats, each boat with passenger capacity as follows: 8 &M&thFOUgh passages are deleted. Underlined passages are added. #2018-0-23 (a) Not to exceed 10 persons 4032 42_55 (b) More than 10 not to exceed 50 persons 3789 60_78 (c) More than 50 persons 86$2- 91_16 (Does not permit dining room without restaurant Hews e BTR) (d) Boat Restoration/sales 60.78 (22) Boats for hire: (a) Comes, rowboats, motorboats, inboard or outboard: 1. l to 10 boats 28.94 30_39 2. 11 to 25 boats 37 89 60_78 3. Each additional boat -1-1-58 12.16 (b) Fishing, cruising and/or charter: 1. One boat 4032 42_55 2. Each additional boat 28,94 30.39 (23) Bottling works, bottling or distilling water or soft drinks P.89 60_78 (24) Bowling lanes, skee ball, etc.: (a) l to 16 Imes 3789 60_78 (b) Each additional lane(Restaurant needs additional license) 339 6_08 (25) Broadcasting stations: (a) Cable -444-:70 151.94 (b) Radio -144-70 151.94 (c) Television {44:70 151.94 (26) Cabinet shop(manufacturer and installation) (not to exceed 3 employees); (Over 3 employees,we Manufacturer);(Installer most have insurance) 37.89 60_78 (27) Car wash: (a) I to 4 bays 34:73 36_47 (b) 5 to 7 bays 69:46 72_93 (c) Each additional bay 1698 12_16 (d) Cu/Boat/Motorcycle detailing and/or window tinting 4032 42_55 (cleaning and polishing) (28) Carpet and rug cleaning 4032 42_55 (29) Cemetery lots(operated for profit) 8652 91_16 (30) Citrus fruit shippers,place where orders for fruit are taken andfilled or shipped("eluding packing houses) 28:94 30_39 (31) Cleaning,pressing and dyeing(boiler inspection certificate must be presented) (a) Cleaning and pressing pickup station 4032 42_55 (b) Self-service: 1. 1 to 10 machines 28.94 30.39 2. 11 to 25 machines 4032 42.55 3. 26 to 50 machines 37.89 60_78 4. Each additional machine 3:79 6.08 (32) Coin/Card-operated machine or devices: (a) Distributors 37.89 60_78 (b) Each machine , see billiards, item(20)for amounts 9 Sifuek thfaugh passages are deleted. Underlined passages are added. #2018-0-23 (33) Communication sites: (a) Commercial -444 7 151.94 (b) Cellular 444 7 151.94 (c) Other 14430 151.94 (34) Computer software service (designing programs) 579 60_78 (a) Repairs/Service 60_78 ( )b Software service(designing programs) 57.89 60_78 (c) Webdesign/Consultinc Services 60_78 (35) Concrete mixing plants: (a) I to 5 trucks 1-73:63 182.72 (b) Each additional truck 28:94 30_39 (36) Contractors A) Contractors: (F.S. §§ 489.105 a through p) Part 1 and 2 and (F.S. § 489.505)— STATE LICENSE REQUIRED (a) General contractor 81-04 85_09 (b) Building contractor 84 04 85_09 (c) Residential contractor 844 85_09 (d) Sheet metal contractor 37.89 60_78 (e) Roofing contractor 33:89 60_78 (f) Class A air conditioning contractor 37.89 60_78 (g) Class B air conditioning contractor 3789 60_78 (h) Class C air conditioning contractor 37-89 60_78 (i) Mechanical contractor 33.89 60_78 0) Commercial pooUspa contractor 4032 42_55 k) Residential pool/spa contractor 4032 42_55 (1) Swimming pool/spa servicing contractor 40:32 42_55 (m) Plumbing contractor 37,89 60_78 (n) Underground utility and excavation contractor 4032 42_55 (o) Solar contractor 4032 42_55 (p) Pollutant storage system contractor 4032 42_55 (q) Alarm system contractor I 4032 42_55 (r) Alarm system contractor II 4032 42_55 (s) Electrical contractor 33:89 60_78 B) Specialty contractor. (Enter local agreement with Volusia County 1-1-2006)- VOLUSIA COUNTY SPECIALTY LICENSE REQUIRED (a) Carpentry contractor(frame) 4032 42_55 (b) Garage door installer 4032 42_55 (c) Hurricane protection installer 4032 42_55 (d) Landscape irrigation 40.32 42_55 (e) Marine contractor 40.32 42_55 (f) Masonry contractor 4032 42_55 (g) Prefabricated shed installer 4032 42_55 (h) Siding, window and door installer 4032 42_55 (i) Sign contractor(non-electrical) 4033 42_55 10 SvuelE LhFaa passages are deleted. Underlined passages are added. #2018-0-23 C) Subcontractors: (city licensed) (a) Aluminum contractors 4032 42_55 (b) Asphalt maintenance 4032 42_55 (c) Awning(not hurricane shutters) 4032 42_55 (d) Cabinetry 4032 42_55 (e) Carpentry(trim) 4032 42_55 (f) Dredging 40 52 42_55 (g) Fence installers 4032 42_55 (h) Flooring installer 4032 42_55 (i) Home repair(see limitations) 4032 42_55 Any occupation that limits itself to cleaning, minor repairs, replacement, and general maintenance of a nature that does not entail work concerning the structure of a building: mechanical, electrical, plumbing, gas, heating, ventilation air conditioning, roofing or any other function normally considered construction. Home maintenance and repair shall include, but not be limited to: minor repair of the interior and/or exterior of a dwelling;painting;caulking, minor repairs to windows and doors, and minor repairs to mechanical equipment, consisting of the replacement of simple air filters and the cleaning of interior or exterior units by washing or compressed air blowing. Minor repairs to plumbing consisting of the replacement of fixtures beyond the last manual shutoff valve shall be allowed: Hot water heater replacement, installation of new lines or additional fixtures,sewer or septic tank work, or gas piping shall not be authorized. No structural repairs, new additions, roofing, or foundation work of any kind is permitted. Adding, changing, and/or removing refrigerant, welding, pipe fitting, and duct work is prohibited. No electrical work except the replacement of lamps and bulbs is authorized. Q) House movers (including mobile homes) 4032 42_55 (requires state license from DMV) (k) Insulation installer 4032 42_55 (1) Land clearing 4032 42_55 (m) Landscaping 4032 42_55 (n) Painter/wallpaper 4032 42_55 (o) Paving contractor 4032 42_55 (p) Plastering contractor 4032 42_55 (q) Pressure cleaning 4032 42_55 (r) Sandblasting 4032 42_55 (s) Satellite dish installer 4032 42_55 (t) TV cable wiring 4032 42_55 (u) Tile,terrazzo,marble and granite installer 4032 42_55 (v) Tree cutting and trimming 4032 42_55 (w) Other 4932 42_55 (37) Delivery services: (a) One vehicle 494 30_39 (b) Each additional vehicle ii.58 12_16 (38) Distributors and home party sales 11 Stra&&E)ngh passages are deleted. Underlined passages are added. #2018-0-23 (Avon, Tupperware, Fuller brush,Amway,etc.) 2894 30_39 (38a) Entertainment(bands,orchestras,etc.) 28.94 30_39 (39) Exterminators, spray service, state license required: (a) One vehicle 86.82 91_16 (b) Each additional truck 1458 12_16 (40) Financial: (a) Banks and trust companies {30:30 158.03 (b) Building and loan associations +3030 158.03 (c) Finance and discount companies, liquidating accounts, whether purchased or not {50 30 158.03 (d) Money lenders,except banks or bankers whose business consists of or including taking,buying or selling assignments of wages or commissions earned or to be earned,etc. 13030 158.03 (e) Personal finance companies 150,30 158.03 (41) Fortune tellers, and mind readers, gvnsies and other 86;12 91_16 Nomadic people(see Sections 11-21 through 11-25) (42) Funeral chapel 8652 91_16 (43) Funeral homes, including embalmer or undertaker and ambulance, state license required }}5.76 121.55 (44) Furniture packers, moving and/or storage: (a) 1 to 2 trucks 8652 91_16 (b) Each additional truck 2894 30_39 (45) Gas companies, state license required: (a) Distributing through pipe lines, natural gas(includes one truck); (franchised or other method devised by city council) 115.76 121.55 (b) Bottle gas,wholesale merchant license required 37•..89 60_78 (c) Bottle gas, remit merchant license required 5789 60_78 (46) Gas contractors, installing container,piping(includes one vehicle),state license required (a) Not connected with other business 8652 91_16 (b) When connected with other business 5799 60_78 (47) Gasoline,fuel oil. and other petroleum products, resident or nonresident (includes one vehicle): (a) Wholesale 14470 151.94 (48) General repairs, permitting to carry stocks or parts necessary to be used in making repairs in shop hereby licensed, however, if any portion of such stock is sold in any manner, a merchant's license is required. Machine shop and welding(not working on automotive) 4032 42_55 (Employing including owner and operator) (a) Not to exceed 3 employees(assemblage) 4032 42_55 (b) Not exceeding 8 employees 3759 60_78 (c) More than 8 employees,not exceeding 20 employees 14470 151.94 12 94uek-threugk passages are deleted. Underlined passages are added. #2018-0-23 (d) More than 20 employees 2-1-943 230.85 (49) Go f (a) Driving ranges or practice courses 37.99 60_78 (b) Course 1. 9 holes 86.82 91_16 2. 18 holes 144.?0 151.94 (c) Miniature golf 4032 42_55 (50) Hazardous materials 28.94 30_39 (51) Healthfitness centers 37,89 60_78 (52) Hospitals, sanitariums, nursing homes, and congregate living, operated for profit, state license required: (a) l to 5 beds 40,52 42_55 (b) 6 to 12 beds 81 04 85_09 (c) 13 to 20 beds -1-1-576 121.55 (d) Each additional bed 579 6.08 (License must be taken out for all beds whether used or unused) (53) Housecleaning and janitorial services (including window cleaning; domestic help excepted) 40 52 42_55 (54) Insurance adjustor company. (a) Company with one adjustor 86.82 91_16 (b) Each additional adjustor 28-.94 30_39 (55) Insurance companies (see also section 11-20, City Code). For the purpose of taxation, insurance companies are classified and defined as follows: (a) Casualty and liability insurance,only on annual, semi-annual, or quarterly premium basis and: L Bonds, including fidelity, court contracts and surety bonds and financial guarantees. 2. Burglary insurance, including residences, bank stock, bonds and securities, safety deposits and holdup and messenger robbery. 3. Liability insurance, including employers, public and automobile liability for personal injury,property damage and collision. 4. Plate glass insurance. S. Workman's compensation insurance issued to employers or labor. 6. Accident and health insurance only on annual, semiannual, or quarterly premium basis. (b) Fire insurance companies, writing policies of insurance against hazards of fire, tornado and windstorms, use and occupancy, profits, rent, leasehold insurance, insurrections, riot and civil commotion, sprinkler, leakage, min, fire, theft, automobile collisions; and marine cargoes and bills; and rail, mail express shipments;against fire,collisions,stranding, sinking. (c) Industrial insurance companies, (including funeral benefits associations or companies) writing life and or accident and health, insurance and funeral benefits on a weekly, bimonthly or monthly premium paying basis. (d) Insurance agency, any person who represents or otherwise acts as agent for an insurance company as defined and or classified in this subsection or classification of insurance 13 Stmek thfeugh passages are deleted. Underlined passages are added. #2018-0.23 companies, or which operates or maintains an office or place of business in the city shall be deemed to constitute and operate an insurance agency. Fees to be paid by the company, includes representation by each agent: 1. Casualty and liability companies 40.9 42_55 2. Fire insurance companies 4032 42_55 3. Industrial insurance and funeral benefits association or company 40.52 42_55 4. Life insurance company 4032 42_55 5. Each additional agent 28.94 30_39 (56) Laboratories, scientific and industrial investigation, if not connected with licensee's manufacturing enterprises X44.70 151.94 (57) Lawn service and care: (a) Gardener and/or lawn care 28 94 30_39 (58) Manufacturers. The following businesses are classified as manufacturers and each person engaged in the operation of such business in the manner described are required to cover this operation by taking out a manufacturer's license as follows: (Factory,permitted to manufacture and sell the products manufactured,employees include owner and operators actively engaged in such business. (a) Not to exceed 3 employees(assemblage) 40.33 42_55 (b) Not exceeding 8 employees 37..89 60_78 (c) More than 8 employees,not exceeding 20 employees -144:70 151.94 (d) More than 20 employees 2-1-945 230.95 (59) Meat,fish and poultryproducts,packinghouses or storage 8682 91_16 (60) Merchandise mart(flea market)owner operator: (a) Up to 4 spaces 8683 91_16 (b) 5 to 10 spaces 44536 121.55 (c) 1 I to 20 spaces 473.65 182.72 (d) Each additional ' I is 12_16 (61) Merchants—Retail, provided license shall permit but one location when average stock of goods carried is as follows: (a) Stock up to$1,000.00 38.94 3039 (b) Stock from$1,001.00 to$5,000.00 4052 42_55 (c) Stock from $5,OOL00 to$10,000.00 5789 60_78 (d) Stock from$10,001.00 to$30,000.00 8682 91_16 (e) Stock from $30,OOL00 to$50,000.00 437.8E 144.70 (t) Stuck from$50,001.00 to$100,000.00 4x3.65 182.72 (g) Stock from$100,001.00 and over 20239 212.72 (h) Internet based merchants with no stock on location 30.39 (62) Merchants—Jobbing, wholesaling or distributing, provided license shall permit but one location when average stock of goods carred is as follows: (a) Stock up to$1,000.00 40.33 42_55 (b) Stock from$1,001.00 to $10,000.00 5799 60_78 (c) Stock from $10,001.00 to$30,000.00 8652 91_16 (d) Stock from$30,001.00 to $75,000.00 -11-3:76 121.55 14 StE ekthmugh passages are deleted. Underlined passages are added. #2018-0-23 (e) Stock from$75,001.00 and over 156.28 164.09 (63) Museums, historical,for profit(permission and fees set by Council) (64) Newspaper publisher 86.82 91_16 (65) Parking lots,for profit: (a) l to 10 cars 28694 30_39 (b) 11 to 60 cars 8682 91_16 (c) 61 to 100 cars -1-1576 121.55 (d) 101 cars and over 14499 151.94 (66) Pawnbrokers and second hand gold buyers not transferable 17165 182.72 (Each pawnbroker, gold buyer or money broker shall keep a complete and true record of all transactions showing from whom the article was taken or purchased and to whom sold, which shall at all times be subject to inspection by the police department to the city, one copy of daily records being delivered to the police department. Violations of this subsection shall be punished by fine or imprisonment(See sections 11-26 and 11-27, City Code.) (67) Printing business 579 60_78 (68) Private and social clubs Bars and Lounges(no food served) 97.89 60_78 (69) Private schools (religious, institutions exempt) 28,94 30_39 (a) Art color studio (b) Automobile and truck driving (c) Business (d) Cosmetology (e) Dancing (t) Dramatic (g) Flying instructions (h) Kindergarten,nursery,or day care (state license required) (i) Martial arts 0) Model or charm (k) Music(piano,voice, instruments) (1) Riding school or academy (m) Trude (n) Other o-90H'"a (74) (70) Professional 86 82 91_16 (The following professional practitioners,are classed as professional and each person engaged in the practice of any such profession is required to cover this practice by taking out a professional license as follows: (Other county and state license compliance required if applicable) (a) Accountants,bookkeepers (b) Artists (c) Acupuncturists, state license required (d) Architects (e) Astronomers Attorneys, state license required (g) Auditors,state license required (h) Chemists, state license required 15 94nsh-Wrengk passages are deleted. Underlined passages are added. #2018-0-23 (i) Clinic labs, state license required (j) Computer consultant. (k) Drafting (1) Dentistry, state license required (m) Embalmers, state license required (n) Engineers, state license required (o) Engravers,embossing, lithographs (p) Homeopathic or drugless physicians (q) Income tax tax consultant (r) Interior decorators,designers (s) Masseur, state license required (t) Medical doctors,state license required (u) Napmpaths, state license required (v) Opticians,state license required (w) Optometrists (x) Osteopathic physicians, state license required (y) Pharmacists(exempt F.S.205.196), state license required (z) Physicians,state license required (aa) Photographers (bb) Pilots (m) Podiatrists,state license required (dd) Private instructors (ee) Secretaries (IT) Security (must register with police department) (gg) Therapists (hh) Tree surgeons (ii) Veterinarians, state license required (ij) Taxidermists, state license required (kk) Bondsman, state license required 1. Each agency 86,82 91_16 2. Each agent 28.94 30_39 (11) Dispensing Facilities(Florida Department of Health license required) (mm) All other professions 86,82 91_16 (71 72) Real estate or rental agency, state license required: (a) With one person designated as broker 4032 42_55 (b) Each additional salesperson 2&94 30_39 (No license issued until state registration certificate is presented.) (L273) Recording studios 5789 60_78 L 74) Refuge hauling and recycling,for profit , (by authority of the city council fees also determined by council) (74 33) Rental(equipment& video) 37-89 60_78 (L5 76) Restaurant, cafe and other public eating places, where food is served in connection with or separate from other business according to seating capacity: (a) 0 to 50 seats,also carryout 3359 60_78 16 Stwek-drrexgk passages are deleted. Underlined passages are added. #2018-0-23 (b) 51 to 100 seats 86S 91_16 (c) 101 seats and over 98,40 103.32 (d) Caterer service 4032 42_55 (Health permit certificate required) (M6 74) Rtnks 9692 91_16 (77 79) Sawmills 8652 91_16 (L8 79) Service: (a) Mail order 4932 42_55 (b) Parcel packing 49.32 42_55 (c) Telephone answering services 49:5 42_55 (d) Telemarketing 40.53 42_55 (e) Housesitting 28:94 30.39 (f) Chimney sweeper 2894 30_39 (g) Other 40 42 42_55 (7980) Shooting galleries 3789 60_78 (Must be arranged and located as to be entirely safe and not a nuisance to adjoining property and approved by the city council and the police department.) L 84) Shows, carnivals, parades, concerts feelcosts set pursuant to the applicable fee resolution(special activities) (81) Solicitors: (a) For magazines or periodicals (see Section 11-26, City Code); (each solicitor required to register with the City Clerk's Office and receive a registration and identification card signed by the City Clerk) 29 94 30_39 (b) Going from house to house soliciting business. (each solicitor required to register with the City Clerk's Office and receive a registration and identification card signed by the Police Chief) 28194 30.39 (c) Canvassers(see Section l 1-26,Edgewater Code, must get Permit from City) 494 30_39 (82) Storage warehousing 86.82 91_16 (a) Boat houses or boat yards(keeping or storing) 2894 30_39 (b) Garage and storage and parking for all types of vehicles 4032 42_55 (c) Self Storage/Mini Warehouse 42_55 (83) Swimming pools(public) 4932 42_55 (84) Telegram companies 37 29 60_78 (85) Telephone companies: 3759 60_78 (86) Theaters: (a) Up to 500 seats 69:46 72_93 (b) 501 to 1,000 seats 8652 91_16 (c) Over 1,001 seats 415.76 121.55 (d) Drive-ins 8652 91_16 (If merchandise is sold,merchant's license is required) (87) Trailers or mobile homes parks or camps: (a) I to 9 trailer spaces 40.32 42_55 (b) 10 to 20 trailer spaces 37.89 60_78 17 Strusk*Faugh passages are deleted. Underlined passages are added. #2018-0.23 i (c) 21 or more trailer spaces 86.81 91_16 Sales 14470 151.94 (88) Transportation: (a) Chauffeurs,taxis, limousines or motor vehicles for hire: 1. 1 to 5 vehicles 3759 60.78 2. 6 to 10 vehicles 8652 91.16 3. Each additional vehicle 3:79 6.08 (b) Wrecker service: 1. One vehicle 40:32 42.55 2. Each additional vehicle 339 6.08 (89) Trucking companies (freight): (a) Each truck 28:94 30_39 (90) Unclassified 5789 60_78 (91) Utilities 14430 151.94 (92) Vendors, concession mobile, health permit required 4032 42_55 (93) Warehouse/Distribution-one truck 60.78 (a) each additional truck 6.08 Sec. 11-8. -Panishment for violation. If any person is in violation of any provision of this chapter said person shall, in addition to any penalties herein prescribed, upon conviction thereof, be subject to punishment as provided in section 11-7. Sec. 11-9. Certificate of Use required. a) No person, firm or corporation shall engage in or manage any business, profession,trade, amusement or industry in the city, without first making application and having procured a certificate of use for each location or premise. Certificates of use shall not be issued until a new business inspection is completed at the location or premise and found to comply with all requirements of the code of the city and all applicable laws and regulations. Whenever any business, profession, occupation, trade, amusement or industry shall fall into more than one of the classifications or uses contained in the schedule set forth in Chapter 11, Article 1, Section 11-8, business tax schedule, such occupation, business,profession, or privilege shall not be required to obtain more than one certificate of use. Each classification or use shall be indicated on the certificate of use as appropriate. b) Prior to the issuance of a home occupation certificate of use, an applicant shall be required to sign an affidavit stating compliance with all matters as may be required by the Land Development Code. Any action contrary to the terms of such affidavit shall be subject to enforcement against the violator in the manner provided by Florida Statute §162 or §166.0415, Article X et.seq of the City Code and all other available legal and judicial remedies. c) Anyone other than a property owner making application for a certificate of use must provide a notarized property owner affidavit. The property owner affidavit makes the property owner aware that their tenant is applying for a business tax receipt and certificate of use. This affidavit states that the property owner is aware that if the tenant, for any reason, is found to be in non-compliance with any City of Edgewater codes, ordinances or laws relating to 18 StFuek thFau passages are deleted. Underlined passages are added. 42018-0-23 the tenant's business that they, as the property owner, will be held responsible for any code enforcement action that may be necessary. d) In order to obtain a certificate of use, an original fee shall be paid for the purpose of defraying the costs of all original new business inspections and/or department approvals. An annual renewal fee shall be paid to defray the costs of maintenance of the certificate of use. e) As of the effective date of this article, all existing paid home occupations or mobile occupations, businesses, professions or privileges shall be considered to have an active certificate of use and shall not be subject to the original fee however; they will be subject to the annual renewal fee. f) The city shall have the right to request reasonable records from any paid business for purposes of ensuring and confirming continued compliance with representations made to the city when such business applied to the city for land use or zoning approval. See. 11-9.1 Accommodations for rent- Residential. a) Local business tax receipt required It shall be unlawful for any owner of residential proverty to rent or lease, or offer to rent or lease (throughout this subsection the terms "rent" and "lease' are synonymous: as are the terms "to rent or lease" and "to offer to rent or lease') therein any residential dwelling or dwelling unit(s), whether single- family, duplex, triplex multi-family. apartment, condominium, etc., unless a current local business tax receipt and Certificate of Use therefore has been issued by the city, a coov of which is to be available at the structure in which the dwelling unit(s) is located. There is no requirement for there to be a written lease or any evidence on monetary pavment to establish a rental arrangement. A rental arrangement shall be presumed to exist when someone is residing in a residential structure who is not the owner of the rQ_opertv and someone with an ownership interest is also not residing in said structure at the same time b) Annual inspection required.: Each dwelling unit licensed Inermittedl for rental must pass an annual inspection. The purpose of the annual inspection shall be to determine compliance with the City of Edgewater Code of Ordinances 1 Special inspection provisions: Special provisions for Properties served by private potable water wells. Every vear as part of the annual rental housing inspection, the local business tax receipt holder whose Property is subject to inspection but not connected to a public potable water supply system shall provide to the code enforcement officer evidence that water from the Private potable water source has been tested and found sanitary and potable through a standard and customary bacteriological test done by a state-certified laboratory within three (3) months of the date of rection. 21 Special provisions for Properties served by an onsite sewage treatment and disposal system. As part of the annual rental housing inspection, the local business tax receipt holder whose property is not connected to a public sewage 19 Stmok OF augh passages are deleted. Underlined passages are added. #2018-0-23 treatment and disposal system shall provide to the code enforcement officer written evidence, from an authorized contractor, that the sewage treatment and disposal system has been pumped out and no deficiencies exist. The sewage treatment and disposal system shall be pumped out and inspected every 3 years. Rights of privacy and freedomfrom unreasonable search. Each local business tax receipt holder engaged in the business of renting residential property shall undertake to make such property available for reasonable inspection by the code enforcement officer to determine compliance with the Intemational Property Maintenance Code, other applicable ordinances and the supplemental provisions of this article, provided that the city shall at all times honor the rights of the local business tax receipt holder and the lessee,as provided in this subsection: i. Inspections required under this subsection shall be made only by a code enforcement officer. No law enforcement officer may accompany a code inspector unless there is probable cause to believe that the inspector's oersonal safety is at risk duringthe he inspection. No other person may accompany a code inspector without the consent of the local business tax receipt holder or lessee. ii. The code enforcement officer shall make his or her inspections during daylight hours, unless the code enforcement officer has made an appointment for another inspection time at the request of the local business tax receipt holder or lessee. iii. At the commencement of each inspection, the code enforcement officer shall present credentials and identification and advise the local business tax receipt holder, lessee, or adult person authorized to admit the code enforcement officer that an inspection is required under the provisions of this subsection. If need be, the code enforcement officer shall provide the referenced occupant or other authorized person with a copy of this subsection. iv. If the code enforcement officer is denied admittance by the local business tax receipt holder or lessee, or if the code enforcement officer fails in at least two (2)attempts to complete an inspection of the premises because there was no adult person on the Premises to admit him,code enforcement action shall be taken V. Notwithstanding any other enforcement provisions of chapter 11 of this Code whenever the code enforcement officer observes violations, code enforcement action shall be taken. vi. The city shall administratively adopt an official rental housing inspection form, based upon the International Property Maintenance Code. with a checklist of items to be noted by the code enforcement officer. This forth shall be made 20 Stfus'�-...�' Foug:passages are deleted. Underlined passages are added. #2018-0-23 available to the public. Any rental housing inspection shall focus upon, but not necessarily be limited to,the items set out on such a checklist. Sec. 11-10. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein: Business shall mean all kinds of vocations, occupations, professions, enterprises, establishments, and all kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly. It shall not include the customary religious,charitable or educational activities of nonprofit religious,nonprofit charitable and nonprofit educational institutions in the city,which institutions are more particularly defined as follows: a) Religious institutions shall mean churches and ecclesiastical or denominational organizations,or established physical places for worship in this city at which nonprofit religious services and activities are regularly conducted and carried on, and shall also mean church cemeteries. b) Educational institutions shall mean state tax supported or parochial, church and nonprofit private schools,colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the southern association of colleges and secondary schools, department of education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption. Certificate o use shall mean the method b which the cit ants approval for an .l Y Y gr PP Y business to occupy any office building, industrial or commercial building, apartment building or hotel, upon inspection of the premises and proof of compliance with all requirements of the Code of the City of Edgewater and all applicable laws and regulations. The term "business" shall include, for purposes of certificate of use only, any nonprofit religious, nonprofit charitable and nonprofit education institution. City business tax receipt shall mean the tax paid to the city for the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. It shall not mean any fees or taxes paid to any board, commission or officer for permits, registration, examination or inspection or any fees which are of a regulatory nature which shall be in addition to and not in lieu of any city business tax imposed under the provisions of this article. Classification shall mean the method by which a business or group of businesses are identified. Home occupation shall mean a business or occupation conducted entirely within a dwelling unit providing such business or occupation meets the provisions of Article 111, Section 21-34.01 of the City of Edgewater Land Development. Mobile occupation shall mean a business, occupation or trade where the physical location is a residential dwelling unit, used only for office purposes and whereby the actual business operation is performed someplace other than the dwelling unit providing such mobile business or occupation meets the provisions of Article 111, Section 21-34.01 of the City of Edgewater Land Development Code. 21 SFsiekihrengh passages are deleted. Underlined passages are added. #2018-0-23 New business inspection shall mean the inspection made at the commercial location(s)or premises in which a business,profession, occupation,trade,amusement or industry is conducted. The inspection is to ensure compliance with all zoning regulations, Life Safety Code requirements, proper tenant separations, and all applicable city, county and state regulations. Person shall mean any individual, firm, partnership,joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary and shall include the plural as well as the singular; or any officers,agents,employees, factors,or any kind of personal representatives if any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law. Premises shall mean all lands, structures, places, and also the equipment and appurtenances connected or used therewith, in any business, and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises. Professional shall mean any person engaged in the practice of any profession,business or occupation regulated by law and requiring a tax issued by the state. However, "professional" shall not include those persons who are required to obtain a tax under a regulatory statute,but are prohibited from engaging in a profession, business or occupation unless under the direct supervision of another person. A professional taxed shall not relieve the person paying the tax from the payment of any business tax imposed on any business operated by him or her. Rental Property (Accommodations for Rent —Residential). A rental arrangement shall be oresumed to exist when someone is residing in a residential structure who is not the owner of the property and someone with an ownership interest is also not residine in said structure at the same time. (see Section 11-9.1) Taxed or taxes shall include respectively the words "permit"or"permittee" or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this article or other law or ordinance. Taxing authority shall mean that person designated by the City Manager. Taxpayer shall mean any person liable for taxes imposed under the provisions of this article, any agent required to file and pay any taxes imposed hereunder,and the heirs, successors, assignees and transferees of any such person or agent. See. 11-11. Terms of certificate of use. a) No certificate of use shall be issued for more than one year, and all certificates shall be issued by the City Manager or his/her designee, upon payment of the required fee, beginning July 1 of each year and shall be due and payable on or before September 30th of each year. Certificates shall expire on September 30th of each succeeding year. In the event that September 30th falls on a weekend or holiday, the fee shall be due and payable on or before the first working day following September 30th. b) The certificate of use for commercial locations may be transferred to a new owner where there is a bona fide sale of the business with no additional fee. Evidence of the sale and the original certificate of use must be submitted. If the sale of the business involves a change of business name,classification or use,a new certificate of use shall be required. C) If a business is moved from one location to another properly zoned location in this 22 StFuak tkaugk passages are deleted. Underlined passages are added. #2018-0-23 city, a new certificate of use shall be required. No certificate of use shall be issued for commercial locations until a new business inspection is completed at the commercial location or premises and the location or premises is found to comply with all requirements of the City of Edgewater Code of Ordinances, Land Development Code and all applicable laws and regulations. Sec. 11-11.1. Evidence of engaging in business; responsibility of agent; separate business tax for each location; approval of uses; separate business tax for each company. 1) Evidence of engaging in business. The fact that a person represents himself as being engaged in any business for which a business tax and certificate of use is required for the transaction of business or the practice of a profession shall be evidence of the liability of such person to pay a business tax and certificate of use fee,regardless of whether such person actually transacts any business or practices a profession. Soliciting business, displaying a sign or advertising, which indicates the conduct of a business or profession at a given location, advertising a business or profession in the classified section of the telephone directory or city directory or other media shall be sufficient evidence that such person is holding himself out to the public as being engaged in a business or profession. 2) One act constitutes doing business. For the purpose of this article, any person shall be deemed to be in business and thus subject to the requirements of this chapter, when he does one (1)act of: a) Selling any goods or service; b) Soliciting business or offering goods or services for sale or hire. 3) Agents responsible for obtaining business (ax. The agents or other representatives of nonresidents who are doing business in this city shall be personally responsible for compliance with this article by their principals and of the businesses they represent. 4) Each location to have separate business tax. If any person operates any business at more than one (1) location, each location shall be considered a separate business and a separate business tax is required unless otherwise provided for herein. 5) Approval of uses. All activities and uses included within the operation of the business shall be approved uses in accordance with all applicable codes. 6) Separate business tax for each company. A company shall include each corporation and/or fictitious name being used for the operation of that business. Sec. 11-11.2. Administrative Fees; reprint, reinstatement,duplicate fees. Due to additional services provided by the city departments relating to the issuance of certificates of use, the city shall administer the following administrative foes in an amount stipulated below: a) Reprintfee. Any business/person who holds a business tax receipt and/or certificate of use and who requests an additional copy of the business tax receipt or certificate of use shall be charged a$7.00 reprint fee. b) Reinstatement fee. Any business/person who holds a certificate of use that results in an expiration, revocation or suspension shall be charged a$35.00 administrative fee for the reinstatement of the certificate of use in addition to all required annual fees and other 23 StFuck thFaugh passages are deleted. Underlined passages are added. #2018-0-23 delinquency charges. Sec. 11-11.3. Duties of licensing authority. 1) The licensing authority shall collect all business taxes and shall issue certificates of use and business tax receipts in the time of the city to all persons qualified under the provisions of this article and shall: a) Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this article,with the approval of the city council. b) Adopt all forms and prescribe the information to be given therein as to character and other relevant matters for all necessary papers. C) Require applicants to submit all affidavits and oaths necessary to the administration of this article. d) Submit all applications, in a proper case, to interested city officials for their endorsements thereon as to compliance by the applicant with all city regulations which they have the duty of enforcing. e) Investigate and determine the eligibility of any applicant for a certificate of use and business tax receipt as prescribed herein. f) Notify any applicant of the acceptance or rejection of his application and, upon his refusal of any certificate of use and business tax receipt or permit, at the applicant's request, state in writing the reasons therefore and deliver them to the applicant. 2) The licensing authority shall perform all functions designated by the Director of Development Services to ensure enforcement and carry out the provisions of this article. Sec. 11-11.4. Duties of tax payers. 1) General standard of conduct. Every taxpayer under this article shall: a) Permit all reasonable inspections of his business by public authorities so authorized by law. b) Ascertain and at all times comply with all laws and regulations applicable to such taxed business. C) Refrain from operating the taxed businesses on premises after expiration of his business tax receipt and during the period his certificate of use is revoked or suspended. 2) Display of tax and insignia. Every tax payer under this article shall: a) Post and maintain such certificate of use and tax upon the taxed premises in a place where it may be seen at all times. b) Carry such business tax receipt on his person when he has no taxed business premises. C) Not allow any certificate of use, business tax receipt, special permit or insignia to remain posted,or displayed or used,after the period for which it was issued has expired;or when it has been suspended or revoked; or for any other reason has become ineffective. The tax payer shall promptly return such inoperative certificate of use, business tax receipt, special permit or insignia to the Development Services Director. d) Not loan, sell, give or assign to any other person or allow any other person to use or display or to destroy, damage or remove,or to have in his possession, except as authorized by the Development Services Director or by law any certificate of use, business tax receipt or 24 Stmekthreugh passages are deleted. Underlined passages are added. #2018-0-23 insignia which has been issued to the tax payer. Sec. 11-11.5. How tax construed as to professions. The tax provided by this article for professionals shall be construed to mean that each individual shall pay the tax herein provided,whether practicing by himself or in partnership or employed by another. Sec. 11-11.6. Scope of tax; tax obtained by false statements void ab initio. 1) No business tax receipt issued under the provisions of this article shall protect any person from prosecution for transacting any business not covered by such tax. 2) Any business tax receipt issued upon any false statement made under oath shall be considered as void ab initio and shall not protect the holder thereof from prosecution for transacting business without a tax. Sec. 11-11.7. Separate violations. Each day or part of a day that any provision of this article is violated shall constitute a separate and distinct offense for which such person or his agents, servants or employees may be prosecuted. Sec. 11-12. Enforcement-Certificate of use. 1) The licensing authority and such other personnel of the city as shall be designated by the City Manager shall conduct such investigations and inspections as shall be necessary to the enforcement of this article. a) No business shall occupy any office building, industrial or commercial building, apartment building or hotel until a certificate of use is issued by the City. Certificates of use may not be issued until the premises have been inspected and found to comply with all requirements of the Code of the city. b) At time of application for a certificate of use, a fee shall be paid for all new businesses, change of address, and changes of use, as specified in the City of Edgewater Business Tax Schedule. to addition, fees shall be paid to defray the cost of any required inspection(s)and re-inspections as specified in the City of Edgewater Business Tax Schedule. C) The licensing authority shall either revoke or temporarily suspend the certificate of use of any owner/applicant where it is determined by the licensing authority that: 1. The owner/applicant has misrepresented or failed to disclose material information required by this chapter to be included in the certificate of use application form; or 2. The ownedapplicant, as part of the owner/applicant's business activity within the City of Edgewater, is engaged in conduct which is an actual threat to the public health, welfare or safety;or 3. The owner/applicant is conducting business from premises which do not possess a valid and current business tax receipt and/or certificate of use as may be required by city or county laws;or 4. Habitual conduct has occurred at the owner/applicant's premises which violates city,county or state law; or 25 Stmek-dwaugh passages are deleted. Underlinedassa es are added. P g #2018-0-23 i 5. The certificate of use issued by the city depended upon the owner/applicant's compliance with specific provisions of federal, state, City or Volusia County law and the owner/applicant has violated such specific provision of law; or 6. The owner/applicam has violated any provision of this chapter and has failed or refused to cease or correct the violation after notification thereof;or 7. The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the local authority because the premises are unsafe or unfit for human habitation. The suspension or revocation shall he of the certificate of use in effect at the date of such suspension or revocation, even though it may have been issued and an owner/applicant other than the person who held the certificate of use at the time the cause for such suspension or revocation arose. No certificate of use shall be suspended under this section for a period of more than twelve (12) months. No new certificate of use shall be issued to the owner/applicant, or to any other firm in which the owner/applicant or any of its stockholders is interested, for any premise during the term of such suspension or revocation. At the end of such period of suspension or revocation, the owner/applicant may apply for a new certificate of use. d) A suspension not exceeding six (6) months shall be imposed in cases where the owner/applicant's violation is shown to be inadvertent and can be promptly corrected by the owner/applicant; a revocation of the certificate of use shall be imposed in all other cases. e) If the licensing authority believes that an owner/applicant has engaged or is engaged in conduct warranting the suspension or revocation of a certificate of use, he shall serve the owner/applicant by certified mail or hand delivery at his business address, a written notice to the owner/applicant of facts or conduct which warrant the intended action. The notice shall state what is required to be done to eliminate the violation if any. f) If an owner/applicant or permittee fails to comply with any notice issued as provided above, the licensing authority may cause to have a notice of violation issued and provide a reasonable time for correction. If not corrected within noticed time, a citation will be issued. Violator may correct the violation and satisfy the fine or request a hearing before the Citizen Code Enforcement Board. In the event an owner/applicant fails to comply with the rulings of the Code Enforcement Board, the licensing authority may order the closing of the offending business and enforce the order by action of the Edgewater Police Department, contracted services or other city forces. The cost of the enforcement action shall be placed as a lien against the owner/applicant's real and personal property. 2) All persons authorized herein to inspect businesses shall have the authority to enter, with or without warrant, at all reasonable times, the following premises: a) Those for which a certificate of use is required. b) Those for which a certificate of use was issued and which, at the time of inspection,are operating under such certificate of use; C) Those for which the certificate of use has been revoked or suspended. 3) Persons inspecting businesses or premises, as herein authorized,shall report all violations of this article or of other laws or ordinances to the licensing authority and shall submit such other 26 Stfuskthrexgh passages are deleted. Underlined passages are added. #2018-0-23 i I reports as the licensing authority shall order. Sec. 11-13. Delinquent certificate of use; failure to obtain; penalty. Any person who violates the provisions of this article or otherwise fails to obtain or allows to expire the certificate of use as required by this article shall be subject to prosecution in the manner provided by Florida Statutes, Chapter 162 or 166.0415, and upon conviction, such person shall be subject to a fine,imprisonment, or both. Sec. 11-14. Other certificates,taxes and regulations to be in addition to certificate of use. The provisions of this article are cumulative and in addition to all other state, county and city laws which require certificates, taxes or permits, or provide for the collection of certificate, business tax receipt and permit fees,and other charges; and no certificate of use issued hereunder shall exempt the certificate of use holder from any other certificate, taxed, permit, fee or tax required by law,or compliance with all applicable ordinances, rules and laws. Sea 11-15. Schedule of certificate of use fees. Certificate of use fees are as follows: Original certificate of use: Residential: $31.50 Commercial: $52.50 Accommodations for rent-Residential: $75.00 Certificate of use renewal: Residential: $20.00 Commercial: $31.50 Accommodations for rent- Residential: $65.00 Sec. 11-16. Suspension or revocation of certificate of use. a) A certificate of use may be suspended or revoked by the City on the following grounds: 1. The owner/applicant has misrepresented or omitted material facts or information on the certificate of use application; or 2. The owner/applicant, as part of the owner/applicant's business activity, has violated City, county, or state laws for the protection of public health, safety or welfare, and it is determined by the city that the continuation of the business activity would be detrimental to the public health, safety or welfare; or 3. The certificate of use issued depended upon the owner/applicant's compliance with specific provisions of city, county or state laws and the owner/applicant has violated such specific provisions of law;or 4. The owner/applicant has violated any provision of this article and has failed or refused to cease the violation thereof;or 5. The premises has been condemned by the local health authority for failure to meet sanitation standards or the premises has been condemned by local authority because the premises is unsafe or unfit for human habitation;or 6. The owner/applicant has been convicted of a crime involving moral turpitude, and 27 Stmek thFough passages are deleted. Underlined passages are added. #2018-0-23 such crime was committed within the course of a business activity regulated by this article. 7. The owner/applicant fails to supply to the city the reasonable records requested by the city for purposes of ensuring and confirming continued compliance with representations made to the city when such business applied to the city for land use or zoning approval. b. Prior to the suspension or revocation of a certificate of use under this section, the city shall notify the owner/applicant of the grounds for such suspension or revocation, and the right of such owner/applicant to request a hearing. Further, procedures for notices and hearings may be prescribed by the city by resolution,under authority of this article. 28 Sousk thFaugh passages are deleted. Underlined passages are added. #2018-0-23 Page 1 of 1 Transaction Id Account/Invoices paid Pay method Pay Date Paid amount Status '.. i, 19934919 3102401571 City Card 09/0572018 $393.00 Success i Total paid: $393.00 https://pbengageone.pb.com/personaWeb/pbg-my-bills/refresh.uc?_pagekcy=46 9/5/2018 RESIDENTIAL RENTAL INSPECTION Code Enforcement Division PO Box 100 1605 South Ridgewood Ave Edgewater, Florida 32132 ° EDGEWATER (366)424-2400 Ext.2210 CodeEnforcement@eityofedgewater.org RENTAL HOUSING INSPECTION CHECKLIST Address of Inspection: Unit No.: Property Owner/Representative: Date of Inspection: Time: Code Enforcement Officer. Code Section Items to be Inspected Violation Found EXTERIOR PROPERTY AREAS IPMC 302.1 Sanitation. All exterior property and premises are maintained in a clean, safe and sanitary condition. IPMC 302.3 Sidewalks,driveways. Sidewalks,walkways, stairs driveways,parking spaces and similar areas are kept in proper state of repair and are maintained free from hazardous conditions. IPMC 302.4 Weeds. Premises and exterior property are maintained free from vines,weeds and plant growth in excess of 12 inches. IPMC 302.5 Rodent harborage. Structures and exterior property are kept free from rodent harborage and infestation. IPMC 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls are maintained structurally sound and in good repair. IPMC 302.8 Motor Vehicles. Inoperative or unlicensed vehicles shall not be parked, kept or stored on premises nor shall they be in a state of disassembly or disrepair. Painting vehicles is prohibited unless inside approved spray booth. EXTERIOR CONDITIONS IPMC 304.1 General. The exterior of the structure(s)is maintained in good repair, is structurally sound and sanitary and does not pose a threat to the public health, safety or welfare. Page 1 of 30 Code of Ordinance Section 11-9.1(Accommodations for rent-Residential) Code Section Items to be Inspected Violation Found IPMC 304.2 Protective treatment. All exterior surfaces shall be maintained in good condition. Exterior wood surfaces (other than decay-resistant woods)are protected by painting or other protective covering or treatment. Peeling,flaking, chipped paint will be eliminated and repainted. Joints,doors and skylights will be kept weather resistant and water tight. Rust and other corrosion will be stabilized and coated. IPMC 304.3 Premised identification. Buildings will have approved address numbers, three(3)inches or taller in height and plainly visible from street or road fronting the property. IPMC 304.4 Structural members. Structural members will be maintained free from deterioration and be capable of safely supporting imposed dead and live loads. _ IPMC 304.5 Foundation walls. Foundation walls are maintained plumb and free from open cracks and breaks and kept in such conditions so as to prevent the entry of rodents and other pests. IPMC 304.6 Exterior walls. Exterior walls will be free from holes, breaks and loose or rotting materials; and maintained weatherproof and surface coated where required to prevent deterioration. IPMC 304.7 Roofs and drainage. Roof and flashing will be sound, tight and not have defects that admit rain. Roof drainage will be adequate to prevent dampness a deterioration in walls or interior portion of structure. Drains,gutters, downspouts are maintained in good repair and free from obstruction. Roof water will not be discharged in a manner that creates a nuisance. _ IPMC 304.10 Stairways, decks, porches and balconies. Exterior stairways, decks, porches and balconies and attached appurtenances are maintained structurally sound- in good repair, properly anchored and able to support the imposed loads. IPMC 304.12 Handrails and guards. Every handrail and guard will be firmly fastened and capable of supporting normally imposed loads and will be maintained in good condition. _ Page 2 of 10 Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential) Code Section Items to be Inspected Violation Found IPMC 304.13 Window, skylight and door frames. Every window, skylight, door and frame will be kept in good repair, sound condition and weather tight. 314.13.1 Glazing. All glazing material are kept free from cracks and holes. 304.13.2 Opening windows. Every window other than a fixed window will be easily openable and able to be held in position by window hardware. IPMC 304.14 Insect screens. Year-round every door, window and other openings required for ventilation of habitable rooms, food preparation or service areas shall be supplied with tightly fitted screens. IPMC 304.15 Doors. Exterior doors, door assemblies and hardware are maintained in good condition. Locks at entrances to dwelling and sleeping units must tightly secure the lock. Locks on means of egress doors must comply with IPMC section 702.3. IPMC 304.18 Building Security. Doors,windows or hatchways for dwelling units, room units or housekeeping units must be equipped with devices designed to provide security of occupants and property within. 304.18.1 Doors. Doors providing access to a rented/leased dwelling, room or housekeeping unit must be equipped with a deadbolt lock designed to be readily openable from the egress side without need for keys, special knowledge or effort. A sliding bolt is not considered an acceptable dead bolt. 304.18.2 Windows. Window sash locking devices must be provided on operable windows located 6 feet above ground level or walking surface below that provides access to a rented/leased dwelling, room or housekeeping unit. INTERIOR STRUCTURE IPMC 305.1 General. The interior of the structure and the equipment therein is maintained in good repair, is structurally sound and in a sanitary condition. Page 3 of 10 Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential) Code Section Items to be In o ct d Violation Found IPMC 305.2 Structural members. Structural members are maintained structurally sound and are capable of supporting the imposed loads. IPMC 305.3 Interior surfaces. Interior surfaces in good, clean and sanitary condition with no holes or water damage. IPMC 305.4 Stairs and walking surfaces. Stairs, ramps, landings Porches, decks or other walking surfaces maintained in sound condition and good repair. IPMC 305.5 Handrails and guards. Handrails and guards are firmly fastened, maintained in good condition and capable of supporting normally imposed loads. IPMC 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers,or tracks as intended by the manufacturer. HANDRAILS AND GUARDRAILS IPMC 306.1 General. Flights of stairs having more than four risers will have a handrail on one side of the stair, firmly fastened and installed at required heights and locations. Handmils shall not be less than 30 inches high or more than 42 inches high measured vertically above nosing of the tread or above the finished floor of the landing or walking surface. RUBBISH AND GARBAGE IPMC 307.1 Accumulation of rubbish or garbage. Interior and exterior are free from any accumulation of rubbish or garbage. IPMC 307.3 Disposal of garbage. Occupants will dispose of garbage in a clean and sanitary manner by placing in approved facility or container. 307.3.1 Garbage facilities. Owners will provide either a mechanical food waste grinder, incinerator or approved leak-proof,covered, outside garbage container. EXTERMINATION IPMC 308.1 Infestation. All structures will be kept free from insect and rodent infestation. Page 4 of 10 Code of Ordinance Section 11-9.1(Accommodations for rent-Residential) Code Section Items to beIng t d Violation Found IPMC 308.2 Owner. The owner of any structure shall be responsible for extermination prior to renting/leasing structure. IPMC 308.3 Single occupant. The occupant of one-family dwelling or of a single-tenant non-residential structure is responsible for premises extermination. LIGHT,VENTILATION AND OCCUPANY LIMITATIONS LIGHT IPMC 402.1 Habitable spaces. At least one window facing directly to the outside. Min. glazed area of 8%of floor area. VENTILATION IPMC 403.1 Habitable spaces. At least one openable window. Openable area equal to at least 46%of minimum glazed area. IPMC 403.2 Bathrooms and toilet rooms. Must meet requirements of IPMC section 403.1 or be equipped with mechanical ventilation system. IPMC 403.4 Appliance hood. Must be operational and in sanitary condition. IPMC 403.5 Clothes dryer exhaust. Must be independent of all other systems and exhaust to the outside. OCCUPANCY LIMITATIONS IPMC 404.2 Minimum room width. Habitable rooms(except kitchens)will be no less than 7 feet in any plan dimensions; kitchens require 36"clear space between counter fronts and appliances or counter fronts and walls. IPMC 404.3 Minimum ceiling heights. Habitable spaces require clear ceiling height of not less than 7 feet. IPMC 404 4 Bedroom and Irving room requirements. Must comply With IPMC sections 404.4.1 through 404.4.5 as follows: 404.4.1 Room area. Every living room must contain at least 120 square feet and every bedroom must contain at least 70 square feet. Page 5 of 30 Code of Ordinance Section 11-9.1 Accommodations for rent-Residential) Code Section Items to be Inspected Violation Found 404.4.2 Access from bedrooms. Bedrooms must not be Die only means of access to other bedrooms or habitable space and must not be the only means of egress from other habitable spaces. 404.4.3 Water closet accessibility. Every bedroom must have access to at least one water closet and one lavatory without passing through another bedroom. 404.4.4 Prohibited occupancy. Kitchens and non-habitable spaces must not be used for sleeping purposes. IPMC 404.5 Overcrowding. The number of persons occupying a dwelling until shall not create conditions that, in the opinion of the code officer, endanger the life, health, safety or welfare of the occupants. PLUMBING FACILITIES AND FIXTURE REQUIREMENTS REQUIRED FACILITES IPMC 502.1 Dwelling units. Dwelling units must contain their own shower or bathtub, lavatory, water closet and kitchen sink and must be maintained in a sanitary, safe working condition. TOILET ROOMS IPMC 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. IPMC 503.4 Floor surface. Maintained to be a smooth, hard and nonabsorbent surface and kept in a clean and sanitary condition. (No carpet) PLUMBING SYSTEMS AND FIXTURES IPMC 504.1 General. Properly installed and maintained in good working condition;free from obstruction, no leak or defects and in a safe, sanitary and functional condition. WATER SYSTEM IPMC 505.1 General. All fixtures property connected to either a public or approved private water; hot or tempered and cold running water and sufficient volume. Page 6 of 10 Code of Ordinance Section 11-9.1(Accommodations for rent-Residential) Code Section Items to be Inspected Violation Found IPMC 505.2 Hose bibs shall be protected by an approved permanently attached hose connection vacuum breaker. IPMC 505.3 Supply. Installed and maintained to supply sufficient volume and adequate pressure;free from defects and leaks. IPMC 505.4 Water heater facilities. Water heating facilities shall be property installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F. A gas-burning water heater shall not be located in any bathroom,toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. SANITARY DRIANAGE SYSTEM IPMC 506.1 General. All plumbing fixtures property connected to either a public sewer or approved private sewage disposal system. IPMC 506.2 Maintenance. Plumbing stack, vents, waste and sewer lines functioning properly and free from obstructions, leaks and defects. MECHANICAL AND ELECTRICAL REQUIREMENTS HEATING FACILITIES 1602 1 Facilities required. Permanently installed heating facilities shall be provided in structures. MECHANICAL EQUIPMENT IPMC 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. IPMC 603.2 Remove combustion products- All fuel-burning equipment and appliances connected to approved chimney or vent. Page 7 of 10 Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential) Code Section Items to be Inspected Violation Found ELECTRICAL FACILITIES IPMC 604.2 Service. Size and usage of appliances and equipment is basis for determining need for additional facilities in accordance with code. Dwelling units served by three-wire, 1201140 volt single phase electrical service with rating not less than 60 amperes. IPMC 604.3 Electrical system hazards. If electrical system constitutes hazard to occupants or structure due to inadequate service, improper fusing, insufficient receptaclellighting outlets, improper wiring or installation,deterioration or damage or similar reasons,official shall require the defects corrected to eliminate the hazard. ELECTRICAL EQUIPMENT IPMC 605.1 Installation. All electrical equipment,wiring and appliances shall be property installed and maintained in safe and approved manner. IPMC 605.2 Receptacles. Habitable space in dwelling contains at least two separate and remote receptacle outlets. Laundry areas contain at least one grounded-type receptacle or receptacle with ground fault circuit interrupter. Each bathroom contains at least one receptacle. Any new bathroom receptacle has ground fault circuit interrupter protection. N.E.C.210.8 8 All bathrooms, kitchen counter areas(12 inches or wider) 210.52 exterior and garage receptacles shall be GFCI protected. IPCM 605.3 Luminaires. Public halls, interior stairways, toilet rooms, kitchens, bathrooms, laundry rooms, boiler rooms and furnace rooms contain at least one electric luminaire. DUCT SYSTEMS IPMC 607.1 General. Duct systems maintained free of obstructions and capable of performing the required function. Page 8 of 10 Code of Ordinance Section 11-9.1(Accommodations for rent-Residential) Code Section Items to be Inspected Violation Found FIRE SAFETY REQUIREMENTS IPMC 704.2 Smoke alarms. Alarms installed and maintained in group R-2, R„', RA,and in dwellings not regulated in Group-R occupancies regardless of occupant bad at locations- 1. ocations:1. On ceiling or wall outside sleeping area(s) in immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within dwelling unit including basement and cellars. Split levels without intervening door between adjacent levels, a smoke alarm on upper level shall suffice. IPMC 704.3 Power source. In Group-R and dwellings not regulated as Gmup-R,single-station smoke alarms receive primary power from building wiring provided such wiring has a commercial source and is equipped with battery backup. Smoke alarms emit low battery signal. Wiring is permanent. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not serviced from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an all crawl space or basement available which could provide access for building wiring without the removal of interior finishes. IPMC 704.4 Interconnection. Where multiple smoke alarms are required in dwelling units in Group R-2, R-3, RA and in dwelling units not regulated as Group-R, smoke alarms interconnect so the activation of one alarm activates all alarms in the unit. Exceptions: 1. Interconnection is not required in buildings which are not undergoing alterations, repairs or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. Page 9 of 10 Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential) Notes Signature of Code Officer: Dale. Signature of Owner/Representative: Date. Owner/Representative Email Address. Page 10 of 10 Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential) Kelsey Arcieri From:Robin Matusick Sent:Tuesday, September 11, 2018 6:19 AM To:Kelsey Arcieri Subject:FW: Tonight's Meeting - Rental Inspection Importance:High Follow Up Flag:Follow up Flag Status:Flagged Kelsey place with the ordinance #2018-O-23 as an additional page in laserfiche – ltr of record Robin L. Matusick, City Clerk/Paralegal City of Edgewater PO Box 100 Edgewater, FL 32132 (386)424-2400 Ext #1101 rmatusick@cityofedgewater.org From: Chip Tatum \[mailto:chip@aago.org\] Sent: Monday, September 10, 2018 5:09 PM To: Mike Ignasiak Subject: Tonight's Meeting - Rental Inspection Importance: High Good Afternoon Mayor Ignasiak, It came to our attention this afternoon that the Council will be considering the adoption of a Rental Inspection program. As you may or may not be aware, authority to inspect rental housing is pre-empted to the state via the Department of Business and Professional Regulation (Division of Hotels and Restaurants). Broad based inspections programs like these often end up being more burdensome and onerous on both city resources and property owners than they are worth. Additionally, code enforcement already has substantial authority to address known code violations or to inspect based upon complaints. We would advise that the inspection program be stripped from the ordinance until such time as representatives from the rental housing industry and city officials can meet to discuss alternative remedies. I understand this is short notice, and appreciate your consideration! Thank you for your service to the City of Edgewater. Sincerely, Chip Chip Tatum, NAAEI Faculty, CAM Chief Executive Officer The Apartment Association of Greater Orlando 340 N. Maitland Avenue, Maitland, FL 32751 Ph: 407-644-0539 x210 Fx: 407-644-6288 1