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96-22 ORDINANCE NO. 96-22 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT FEES; PROVIDING A FEE SCHEDULE FOR ZONING AND PLANNING APPLICATIONS; REPLACING METROPOLITAN DADE COUNTY FEE SCHEDULE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City is authorized by state law to provide for fees for the issuance of building permits and for the consideration and processing of applications for zoning and planning approvals, including re-zonings, variances, appeals of administrative interpretations and other building, zoning and planning regulatory services provided by the City; and WHEREAS, pursuant to Sec. 8.04 of the City Charter, the Building and Zoning fee schedules provided by Metropolitan Dade County have previously been utilized by the City for the purpose of determining the applicable fees for building permits and zoning applications; and WHEREAS, the City Council finds that it is necessary to implement a mechanism to enable the City to establish and adjust, from time to time, the applicable building permit and zoning and planning application fees; and WHEREAS, the City Council finds that this ordinance shall accomplish such purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The City is hereby authorized to impose fees for the issuance of building permits, provision of inspections, issuance of certificates of completion or Ord. No. 96-22 Page 2 occupancy and related services of the Community Development Department. Such fees shall be set and may be amended from time to time by resolution of the City Council following a public hearing. Section 2. The City is hereby authorized to impose fees for the filing and processing of zoning and planning applications, including, but not limited to, applications for variances, rezonings, comprehensive plan amendments, appeals of administrative interpretations and other zoning or planning related services provided by the Community Development Department. Such fees shall be set and may be amended from time to time by resolution of the City Council following a public hearing. Section 3. Replacing Metropolitan Dade County Fee Schedule. The building permit and zoning and planning application fees provided by this ordinance shall replace the building permit and zoning and planning application fees previously provided by administrative order of Metropolitan Dade County for building, zoning and planning services, as made applicable by City Charter Section 8.04. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. It is the intention of the City Council, and it is Ord. No. 96-22 Page 3 hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective upon adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Councilmember Perlow, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Coun¢ilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Vice Mayor Patricia Rogers-Libert yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its adoption on second reading. This motion was seconded by Councilmember Holzberg, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey Perlow yes Vice Mayor Patricia Rogers-Libert yes Mayor Arthur I. Snyder yes Ord. No. 96-22 Page 4 PASSED AND ADOPTED on first reading this 17t" day of September, 1996. PASSED AND ADOPTED on second reading this 2ND day of October, 1996. ARTNI~JI~ I~ SNYI~E~; M,~'OR A'I-FEST: - ~ERESA M. SMITH, CMC{ CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms