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Ordinance 89-2669 ORDINANCE NO. 89-2669 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING CHAPTER 14B OF THE CITY CODE ESTABLISHING AN INTERIM GENERAL AND PROPRIETARY SERVICES FEE; PRESCRIBING THE RATE THEREOF; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Commission is cognizant that the cost of providing certain City services is in excess of the fees charged for these services and that these services are fiscally supported in large part through ad valorem taxation; and, WHEREAS, the City Commission recognizes that growth places additional demands upon limited service resources; and, WHEREAS, from the time that a property is improved and the new building or structure is occupied there is no assessment of ad valorem taxes until the ensuing January 1st, yet the City is obligated to provide certain services to the occupants for which the City is not being compensated; and, WHEREAS, the City Commission desires to maintain a fair and equitable cost allocation for the provision of City Services; and, WHEREAS, the Interim General and Proprietary Services Fee would provide a fair and equitable means to ensure that the City is compensated for such costs. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 14B, consisting of Sections 14B-1 through 14B-8 of the Code of the City of Miami Beach, Florida as amended, is hereby created to read: Chapter 14B INTERIM GENERAL AND PROPRIETARY SERVICES FEE Section 14B-1 Fee Established. A fee to be known as the "Interim General and Proprietary Services Fee" is hereby established. Section 14B-2 Purpose. It is recognized that the costs of providing certain City services exceed the fees charged for said services and that those costs are borne in large part through ad valorem taxation. Those services which the City provides include, but are not limited to: police protection, fire protection, parks and recreational facilities. It is further recognized that, from the time that a new building or structure is completed and occupied until the improvements are reflected on the tax roll as of the ensuing January 1st, City services are provided for which no part of the cost of said services is compensated. The purpose of the Interim General and Proprietary Services Fees, therefore, is to defray the cost to the City in providing City services to newly improved property prior to the imposition of ad valorem taxes on such improved property. The fee is not in any manner, directly or indirectly, intended as an ad valorem tax, nor is the amount of the fee established herein related in any way to the valuation of the property receiving said services. Section 14B-3 Fee Levied for Services to Certain Properties. There is hereby levied an Interim General and Proprietary Services Fee which shall apply to those properties for which a Certificate of Occupancy is issued, either permanent or temporary, for full or partial use of the premises, and which shall be payable on a monthly basis from the first day of the month following the date upon which such Certificate of Occupancy is issued until the ensuing January 1st. At the option of the fee payor, the entire fee for the period from issuance of the Certificate of Occupancy to the ensuing January 1st. may be paid in a lump suns at the time of issuance of the Certificate of Occupancy; such lump sum payments, however, would be subject to a five percent (5%) discount. Section 14B-4 Fee; When Paid. The first month's Interim General and Proprietary Services Fee shall be paid, on a prorated basis, if necessary, upon the issuance of a Certificate of nccup ancy, ether permanent or temporary, and no Certificate of Occupancy shall not be issued until such time as the Interim General and Proprietary Services Fee has been paid. Section 14B-5 Charges. For the purpose of this section, a "unit" shall be defined as a single-family residence; each dwelling unit of a townhouse, duplex or multi -family dwelling; hotel room or suite; Adult Congregate Living Facility unit; a single-tenant industrial space; in an office or commercial building; or a warehouse bay, except those warehouse facilities subdivided and used primarily as leased storage units, which shall be considered one unit per structure. The term shall include additions to units, such as additional rooms, but shall not include maintenance, remodeling, pools, and fences, for which no fee shall be required. The fee shall be three cents ($0.03) per square foot of floor area per month. Section 14B-6 Lien Provisions. All such fees becoming due and payable after December 1, 1989, shall constitute, and are hereby imposed as, special assessment liens against real property aforesaid, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and 2 dignity with the lien of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against the real property containing the building, structure or dwelling. Such fees shall become delinquent if not paid within sixty days (60) after the due date. All delinquent fees shall bear an interest charge of one percent (1%) per month, on any or all of the outstanding balance of such fees due, and if not fully paid with all accrued interest by the due date of the next Interim General and Proprietary Services Fee payment, will continue to accrue interest at the rate of one percent (1%) per month. Unpaid and delinquent fees, together with accrued interest, shall remain and constitute special assessment liens against the real property involved. Such special assessment liens for interim proprietary and general service fees may be enforced by any of the methods provided in Chapter 85, Florida Statutes, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the collections and enforcement of payment thereof may be accomplished by any other method authorized by law. The owner shall pay all costs of collection, including reasonable attorney fees, court costs, and abstracting and related lien expenses imposed by the virtue of this chapter. Section 14B-7 Exceptions. The Interim General and Propriety Services Fee shall not be levied upon: 1) Any improvements for which a building permit was issued prior to the effective date of this ordinance. 2) Any improvements which were the subject of a development agreement with either the City of Miami Beach or the Miami Beach Redevelopment Agency, entered into prior to the effective date of this ordinance. 3) Properties requiring a Certificate of Occupancy for change of use of property. 4) Any property which is for nonprofit use such as religious and educational institutions. 5) Any property owned or operated by governmental units. Section 14B-8 Collection and Deposit. All money paid for such services shall be collected by the Director of Building Department and shall be deposited into the General Fund. 3 SECTION 2 - REPEALER. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed. SECTION 3 - SEVERABILITY. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 4 - EFFECTIVE DATE. This ordinance shall become effective 10 days after passage on 16th day of December , 1989. PASSED AND ADOPTED THIS 6th day of December , 1989. Abe Resnick, Vice - Mayor ATTEST: 611. # CITY CLERK FORM APPROVED LEGAL DEPARTMENT i(/22-AV 1st reading 9/20/89 Second 1st reading aa/15/89 2nd reading 12/6/89 4 eel 4 ?HearneFead - - MI BE FLORIDA 3 3 1 3 9 .1(,.1- *(INCOR ORATED)*9 "VA CA TIONLANU U. S. A. " PCH 26" OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 6,4,)--40 ,k')-4 DATE: December 6 , 1989 TO: Mayor Alex Dao : and Members of e City Comm' Si, FROM: Rob W. Pa ins i Kg, City Manager `.e•. . SUBJECT: AN ORDINANCE MENDING THE CITY CODE TO CREATE CHAPTER 14B, ESTABLISHING PROVISIONS FOR AN INTERIM GENERAL AND PROPRIETARY SERVICES FEE. BACKGROUND It is recognized that the cost of providing certain City services exceed the fees that are charged and that these costs for the large part supported by Ad Valorem taxes. These services include fire protection and rescue services, police protection, parks and recreational facilities. It is also recognized that from the time that a new building is completed and occupied and until that improvement is reflected on the tax rolls as of the ensuing January 1st. , the City is obligated to provide such services for which it is not compensated. In order to maintain and ensure a fair and equitable means of allocating costs and to ensure that the City is compensated, the Interim General and Proprietary Services Fee is being proposed and is not in any way related to the value of the property receiving said services. Major provisions of the Interim General and Proprietary Services Fee include: 1 . Properties Affected. New construction on properties for which a Certificate of Occupancy is issued, either permanent or temporary, for full or partial use. 2. Fee. Three cents (3C) per square foot per month payable monthly on the first day of the each month until the ensuing January 1st. Provides an option for lump sum payment with a 5% discount. 3. Exceptions. Provided for in Chapter 14B-7. This Ordinance, as presented, was passed on first reading on November 15, 1989. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached Ordinance, as amended, which provides for the creation of Chapter 14B of the City Code, establishing and making provisions for an Interim General and Proprietary Services Fee. I , PIA PFL:me 4zl AGENDA p 3 c ITEM 1 DATE I 2_- h- -' a) co-) 'O O ') •H .c U D N CS$ •H I ar r-i U �a CO •H ct U) 0 U I a) W • CL) Sa o a GaJ a ao zw a) -0 h-i v ++a E a) •H NZ O o )x z ac) a) ca 0 1-1 - a) a 2 -� u o N p w a) q )a o Ca. RI IDA u v •r1 )- +� oD U) +- a) • •r-I a) .0 a) •ri r-i •H R$ r-I • RJ a v a) o a) a • cn N [ a) v m 0.4 4-1 1-4