Ordinance 90-2689 ORDINANCE NO. 90-2689
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 14B OF THE CITY CODE ENTITLED "INTERIM
GENERAL AND PROPRIETARY SERVICES FEE", AMENDING SECTION
14B-3 ENTITLED "FEE LEVIED FOR SERVICES TO CERTAIN
PROPERTIES" TO PROVIDE FOR DURATION OF FEE LEVY;
AMENDING SECTION 14B-5 ENTITLED "CHARGES" TO PROVIDE
FOR CLARIFICATION OF PROPERTIES SUBJECT TO THE FEE; AND
PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 14B of the Code of the City of Miami Beach entitled
"Interim General and Proprietary Services Fee" was created on December 6, 1989,
via Ordinance 89-2669; and,
WHEREAS, it was the intent, through the use of the word "improvement" to
exempt those construction activities of a remodelling or maintenance nature and
not development which increases square footage from levels for which a
Certificate of Occupancy was previously granted; and,
WHEREAS, it was the intent to levy the fee upon the new development until
said property appears on the tax roll ; and,
WHEREAS, it is the intention of the City Commission to maintain a fair and
equitable means to ensure that the City is compensated.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. That Chapter 14B-3 of the Code of the City of Miami Beach, Florida
entitled "Fee Levied for Services to Certain Properties" be amended to read as
follows:
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. , or until such time as the improvement necessitating said
Certificate of Occupancy is assessed by the Dade County Property
Appraiser and extended on the tax roll . At the option of the fee
payer, the entire fee for the period from issuance of the
Certificate of Occupancy to the ensuing January 1st. may be paid in
a lump sum 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 2. That Chapter 14B-5 of the Code of the City of Miami Beach, Florida
entitled "Charges" be amended to read as follows:
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, ftftd fences, or remodeling
which does not result in a net increase in square footage, for which
no fee shall be required. The fee shall be three cents ($0.03) per
square foot of floor area per month.
SECTION 3 - 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 4 - 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 5 - EFFECTIVE DATE. This ordinance shall become effective 10 days after
passage on 31st day of March , 1990.
PASSED AND ADOPTED THIS 21st day of March , 1990.
/ Kai
' Alex D:oud, Mayor
ATTEST:
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CITY CLERK
FORM APPROVED
OVAL DEPA" '°E`1`
1st Reading 3/7/90
2nd Reading 3/21/90 (as amended)
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Words which are underlined are additions;
Words which are typed over are deletions.
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*i1NCOR ORATED*f "VA CATIONLAND II. S. A. "
539.EH 26"
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 139 0
March 7 , 1990
DATE:
TO: Mayor Alex D.: d and
Members • the City Co i •f
J'r
FROM: Rob W. '- kins ,,,40 1
City Manager
SUBJECT: AN ORDINANCE AMENDING CHAPTER 14B OF THE CITY CODE ENTITLED"INTERIM
GENERAL AND PROPRIETARY SERVICES FEE" PROVIDING CLARIFICATION ON
PROPERTIES SUBJECT TO THE FEE AND THE FEE PAYMENT PERIOD.
BACKGROUND
Chapter 14B of the City Code entitled "Interim General and Proprietary Services
Fee" was created on December 6, 1989, via Ordinance 89-2669. This fee was
designed to maintain a fair and equitable means of allocating the costs for
providing governmental services within the City of Miami Beach.
Since that time, it has been discovered that two potential situations exist that
could circumvent the intent of the fee. These and their corrective measures are:
1 The lack of specific definition for the term "remodeling" .
The term "remodeling" has been quantified such that it " . . . does not
result in a net increase in square footage. "
2 There is no guarantee that all new developments/improvements, which
are the subject of this ordinance, will be extended on the tax roll
as of January 1st. of the ensuing year.
The payment period for the fee has clarified to include " . . until
such time as the improvement necessitating said Certificate of
Occupancy is assessed by the Dade County Property Appraiser and
extended on the tax roll . "
The recommended amendments to the Chapter 14B of the City Code would correct
these situations.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
ordinance amending Chapter 14B of the City Code. This amendment provides
clarification on properties subject to the fee and the fee payment period.
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