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2017-4070 Ordinance ORDINANCE NO. 2017-4070 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY", AT DIVISION V, ENTITLED "SIDEWALK CAFES," AT SECTION 82-383, RELATING TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE-PAYMENT, PRIOR PAYMENT OF THE ANNUAL SIDEWALK CAFÉ PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE IS ONE AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A CPI INCREASE OF FIVE (5) PERCENT OR MORE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, at Chapter 82, relating to the regulation of public property, at Division V, entitled "Sidewalk Cafés," the City regulates the ability of certain restaurants to utilize abutting public sidewalk areas for sidewalk cafes; and WHEREAS, Section 82-383, entitled "Permit fee; penalties for late payment; review of fee; exception," which establishes the annual permit fee, penalties, enforcement, and process for payment; and WHEREAS, the Code previously allowed for the annual fee to be paid in two installments during the year; and WHEREAS, the City has transferred to a new permitting system that is unable to process "partial" or "installment" payments; and WHEREAS, the administration recommends removing the installment payment of the permit fee from the Code; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 82, "Public Property," Division V "Sidewalk Cafes," at Section 82-383, entitled "Permit fee; penalties for late payment; review of fee; exception," is amended as follows: * * * Sec. 82-383. - Permit fee; penalties for late payment; review of fee; exception (a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix A, and shall be based on a per square foot calculation of permitted sidewalk area (including the area between the tables and chairs). (1) Notwithstanding any other paragraphs or provisions of this article, no square footage fee as required by this section shall be required for the operation of sidewalk cafes north of 63rd Street through and including September 30, 2017. The abatement of sidewalk cafe square footage fees for businesses north of 63rd Street shall be the subject of a budget analysis and review by the City Administration by September 30, 2017. However, a permit must be obtained and the annual base application fee required by subsection 82-382(b)(9) shall be paid for the operation of sidewalk cafes north of 63rd Street. • (2) No square footage fee as required by this section shall be required for the operation of sidewalk cafes in conjunction with the Washington Avenue Pilot Parklet Program, which program shall terminate on March 31, 2019. Additionally, no square footage fee as required by this section shall be required for the operation of sidewalk cafes on Washington Avenue from 5th Street to Lincoln Road, for the period ending on September 30 2019. (b) The city manager, in his reasonable discretion and judgment, may suspend or prorate the annual permit fee in cases of public construction or public emergency situations. (c) The permit fee shall be paid on or before October 1, and shall cover the time period from October 1 through September 30 of the following calendar year (permit year). If the permit fcc cxeecdc $2,000.00, the fee may be paid in two semiannual installments, with the first • ••-- - - - - 0- - -- - - -- - - - - . No permit shall be issued for any portion of a year, but any person/entity operating a sidewalk cafe for a period beginning after the commencement date of the full permit year (October 1) may obtain a permit for the remaining portion of that permit year upon payment of a pro-rated portion of the permit fee calculated from the first day of the month of issuance of the permit to the end of the permit year. Except as expressly provided in this division, no refund of the permit fee shall be granted. (d) Late payments for permit fees shall accrue at the rate of ten percent per annum for the first 30 days. If the permit fee is not paid within 60 days after it is due, the permit shall terminate automatically. Any continued operation of a sidewalk cafe after termination of a permit shall be construed as operating a sidewalk cafe without a valid permit, and the city manager shall have the right to remove, upon 24 hours' written and/or verbal notice to the permittee, any and all sidewalk cafe furniture used in connection with the sidewalk cafe. (e) As provided in Resolution No. 2003 25299, a A review of the annual permit fee will be required whenever the change in the Consumer Price Index (CPI), between the latest CPI and the date of the CPI used for the last fee adjustment, is one and a half percent (1.5) five percent or greater. * * * SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. 2 of 3 SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 8 day of F. bru qr y , 2017. Philip Lev' e Mayor ATTEST: .<, % 4 4�, APPROVED AS TO .r-,'\t�i A ,FORM & LANGUAGE ■l5 F0-"R E - UT ON Rafael . Granado (i f 7 kr7 City Clerk Vii'' ,OR _ �NcoB, 1 :�Gty Attorney I / Dote First Reading: /�� , 2017 `� ,., Second Reading: .2/8 2017 '•. °� •' r� /� .CH 29 f�� L F:\PLAN\$PLB\2016\12-20-16\Ocean Drive-Accessory Retail Modifications -ORD Dec 2016 PB.docx 3 of 3 Ordinances - R5 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: February 8, 2017 10:10 a.m. Second Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY",AT DIVISION V, ENTITLED "SIDEWALK CAFES,"AT SECTION 82- 383, RELATING TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE- PAYMENT, PRIOR PAYMENT OF THE ANNUAL SIDEWALK CAFE PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL INSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE IS ONE AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A CPI INCREASE OF FIVE (5) PERCENT OR MORE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends approving the Ordinance on Second Reading Public Hearing. ANALYSIS The City of Miami Beach is in the process of implementing the EnerGov permitting system. In addition, staff has reviewed the Sidewalk Café Ordinance for potential modifications to fit the EnerGov system as well as improving tracking. The current Sidewalk Café Ordinance (Section 82-383) allows applicants to pay their permit fee in two semi-annual installments if the fee exceeds $2,000, with the first installment due on October 1st and the second due on April 1st. This process cannot be accommodated in the new permit tracking system and has led to increased staff resources to track and bill for the second installment. The City's auditor, Crowe Harworth, has reported the manual processing of permits to be in high risk and presented audit findings related to such practices. For the current permit cycle, staff will be entering manual invoice amounts to effectuate the current code provision. Should the Ordinance modification be approved, the elimination of partial payments would be discontinued in the next permit cycle starting October 1, 2017. This would provide businesses sufficient time to plan accordingly and modify their business model to avoid any hardship. Page 514 of 873 On September 14, 2016, the City Commission referred this item to the Finance and Citywide Projects Committee for discussion and further direction. On September 30, 2016, at the Finance and Citywide Projects Committee, the Committee recommended changing the Ordinance to remove the exemption of allowing partial payment to all funds being due. Staff was directed to bring back a draft Ordinance to the Commission reflecting the change. On January 11, 2017, the Commission discussed the Ordinance change to discontinue the partial payments. Vice-Mayor Malakoff noted that Section (e) has to do with the ability to review and adjust the annual permit fee if the CPI increases by 5% or greater. Vice-Mayor Malakoff recommended that the CPI increased value be reduced to 1.5%. The recommendation was discussed and the item deferred to incorporate it into the Ordinance version. On January 25, 2017, the City Commission approved the Ordinance on First Reading, and made a motion to move the item forward for Second Reading, Public Hearing. CONCLUSION The Administration recommends approving the Ordinance on Second Reading Public Hearing. Legislative Tracking Public Works Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description ❑ Ordinance Page 515 of 873