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
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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
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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
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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
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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.
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(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
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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)
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(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:
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(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
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(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
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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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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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
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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
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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.
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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
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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
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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
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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
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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
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#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
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#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.
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#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