This article, known as the "City of Deerfield Beach Interim Services Fee Ordinance," hereby establishes an interim services fee.

(Ord. No. 1996/003, § 1, 1-23-96)

(a)

The preamble "whereas" clauses are adopted as the findings of the city commission and are hereby ratified and confirmed and made specific findings of the city commission as a part of this article.

(b)

The city commission finds that the imposition of the interim services fee upon new development for the cost to the city of providing additional city services to newly developed and improved property during the interim period between the time the new development is completed and the time said improvement is placed on the tax roll represents a fair method to apportion the cost of city services to the recipients of those services.

(Ord. No. 1996/003, § 2, 1-23-96)

(a)

It is the intent of the city commission to establish an interim services fee in order that new development receiving additional city services be required to pay only its proportionate and fair share of the cost of such services without reference to the valuation of the property receiving or benefitting from said services, and said fee shall not in any manner, directly or indirectly, be an ad valorem tax; and

(b)

It is the further intent of the city commission that the interim services fee imposed for additional city services pursuant to this article shall be proportionate to the cost of the services benefitting new development for the period of time commencing with the issuance of a certificate of occupancy ending at the time such improvements are placed on the tax roll.

(Ord. No. 1996/003, § 3, 1-23-96)

(a)

There is hereby established an interim services fee which shall apply to new development of those real properties located within the city for which a certificate of occupancy is required and which shall cover the period from the date of issuance of the certificate of occupancy until and including the ensuing December 31st, the date normally preceding the day the new development requiring the certificate of occupancy is assessed by the Broward County Property Appraiser and placed on the tax roll.

(b)

The fee shall apply to construction of any new residential units or additions to non-residential buildings which increase square footage by more than 50 percent.

(c)

The interim services fee shall be based solely upon the fair proportion of the cost of services which provide benefits to the new development as set forth in the schedule of fees attached hereto as Schedule A and made a part of this article.

(d)

Fee adjustment. In the event that the feepayer disagrees with the amount of the interim services fee to be charged pursuant to the schedule of fees:

(1)

The feepayer, at his option, may submit evidence to the city manager or his designee indicating that the interim services fee to be paid according to the schedule of fees is not a fair proportion of the cost of services which provide benefits to the feepayer's new development. The city manager or his designee shall adjust the interim services fee if substantial evidence is submitted that clearly demonstrates that an adjustment is necessary under the general methodology upon which the interim services fee is based. The burden shall be upon the feepayer to provide all relevant data, analysis, and report(s) which would assist the city manager or his designee in making a determination. The analysis and report(s) must be based upon generally accepted practices and methodologies.

(2)

All decisions by the city manager or his designee shall be based on the evidence presented by the feepayer, the staff file, and other relevant evidence. Said evidence must be relevant to the methodologies and the formula set forth in the schedule of fees.

(3)

The city manager or his designee's decision to adjust, or refuse to adjust, the interim services fee pursuant to an independent fee calculation shall be final. The decision shall be made in writing and shall be furnished by U.S. mail to the feepayer.

(Ord. No. 1996/003, § 4, 1-23-96)

Editor's note— Schedule A is not set out herein, but is on file and available for inspection in the offices of the city.

(a)

The interim services fee shall be paid upon the issuance of a certificate of occupancy, and the certificate of occupancy shall not be issued until such time as the interim services fee has been paid in full.

(b)

The payment of the interim services fee shall be in addition to any other fees, charges or assessments due for the issuance of a certificate of occupancy.

(c)

The obligation for payment of the interim services fee shall run with the land.

(Ord. No. 1996/003, § 5, 1-23-96)

The City of Deerfield Beach may from time to time amend the interim services fee to increase or decrease the interim services fee as it applies to new development so as to reflect changes in the proportionate costs to the city of providing city services to new development.

(Ord. No. 1996/003, § 6, 1-23-96)

(a)

The building official shall be charged with the collection of the interim services fee, which shall be collected as a condition prior to the issuance of a certificate of occupancy. The fee shall be determined in accordance with the schedule of fees as set forth in the interim services fee resolution, or according to an adjustment as provided in section 98-154 herein.

(b)

Interim services fees. All fees collected shall be deposited in a separate fund and shall be used to provide city services to those developments from which the fee is collected.

(Ord. No. 1996/003, § 7, 1-23-96)