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Ordinance 91-2747 ORDINANCE NO. 91-2747 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 7, ENTITLED "BOATS, DOCKS, AND MARINE FACILITIES", AMENDING ARTICLE V, ENTITLED "PIERS, DOCKS, AND BOAT RAMPS", AMENDING SECTION 7-6, ENTITLED "DEFINITIONS" BY ADDING A DEFINITION FOR "MARINE STRUCTURE"; REPEALING THE CURRENT SECTION 7-66. 1, ENTITLED "NOTICE OF PUBLIC HEARINGS AND FEE SCHEDULE", AND CREATING A NEW SECTION 7-66. 1 ENTITLED "FEE SCHEDULE FOR EXAMINATION OF PLANS, REINSPECTIONS AND SPECIAL PROJECTS", ESTABLISHING FEES FOR THE EXAMINATION OF PLANS BY THE MARINE INSPECTOR IN CONNECTION WITH THE ISSUANCE OF PERMITS FOR CONSTRUCTION OR ALTERATION OF MARINE STRUCTURES AND FOR EXTRA INSPECTIONS AND SPECIAL PROJECTS PERFORMED BY THE MARINE INSPECTOR; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 That Section 7-6 of Article V, entitled "Piers, Docks, and Boat Ramps" of Miami Beach City Code Chapter 7 , entitled "Boats, Docks and Marine Facilities, " is hereby amended by addition of a definition for "marine structure" to read as follows: Sec. 7-6. Definitions. * * * * Marina. Any installation operated for profit which exclusively provides any accomodations or facilities for watercraft, including mooring, docking, storing, leasing, sale or servicing of watercraft, located in the waters of the city. Marine facility. Any device, structure, building or component of a marina. Marine inspector. Code Enforcement Officer and. assistants. Marine structure. Any device or structure which is built or constructed, erected, driven or installed in, over or adjacent to any of the waters of the city of Miami Beach. For the purposes of this ordinance marine structure shall include but not be limited to docks, seawalls, piles, davits, hoists, etc. The term shall be construed to include the words "or part thereof. " * * * * Section 2 . That the current Section 7-66. 1 of Article V, entitled "Piers, Docks, and Boat Ramps" of Miami Beach City Code Chapter 7, entitled "Boats, Docks and Marine Facilities" be repealed in its entirety and that a new Section 7-66. 1, be created to read as follows: 7 66. 1. _ _ : - _ - fce schedule. (a) The marine authority shall not recommend or grant 7 GG without holding a public hearing. - - -- -ility of the p (1) Notify by mail the owners of record of land lying time and na . - : alteration of what is being proposed. (3) Obtain a permit from the City of Miami Beach. (c) The fee schedule set--& —bele-- determining the impact of the request and other administrative costs. Such fees shall be: (1) Permits in single family zoned areas: one hundred dollars. (2) Permits in multi family and business zoned areas: four hundred dollars. (-O-rd. , Sec. 7-66. 1. Fee schedule for examination of plans, reinspections and special projects. (1) "UP FRONT" PROCESSING FEE When the building permit application for a marine structure is received by the city, the applicant shdll pav an "up front" processing fee equal to $0. 50 for each 100 square feet of dock or fractional part thereof, or $. 0. 25 for each linear foot of seawall or fractional part 2 thereof, or $0. 50 for each $1, 000. 00 of estimated valuation or fractional part thereof, whichever is greater. A minimum up front fee of $25. 00 shall be applied to all marine construction permit applications, this processing fee is not refundable, but shall be credited toward the final permit fee. This fee is in addition to fees which are required pursuant to Chapter 8 of the Miami Beach City Code and relates to examination of plans and inspections by the marine inspector to determine compliance with this chapter. (2) NEW MARINE STRUCTURE AND/OR ADDITIONS: For each 100 square feet or fractional part of dock area $ 1.50 For each linear foot or fractional part of seawall $ 0.50 Boat lifts, davits, & boat hoists, (each) $ 5.00 dolphin, batter, mooring, & dock piles (each) $ 1.00 Minimum fee $35.00 (3) ALTERATIONS AND REPAIRS TO MARINE STRUCTURES Up to $1, 000. 00 of estimated cost or fractional part 14.75 For each additional $1, 000. 00 of estimated cost or fractional part 10.95 Minimum fee $35.00 (4) REINSPECTION FEE When extra inspection trips are necessary due to: (a) incorrect address given on call for inspection; (b) prior resection of work due to faulty construction; (c) work not being ready for inspection at time specified, a fee of twenty-five dollars ($25. 00) for each reinspection may be charged to the permit holder in the trade concerned. If it is determined by the field 3 inspector concerned, that the iob has the same problem after the reinspection fee is assessed and paid, then a second reinspection fee of fifty dollars ($50. 00) shall be charged. Payment of the reinspection fee shall be required before any permits will be issued to the person or firm owing same. Further inspection may be refused until payment of reinspection fees has been made. (5) SPECIAL PROJECTS FEE: A fee equal to actual staff time and related costs shall be assessed for special projects requiring research by the marine inspector/assignee in order to answer questions proposed by developers, attorneys, realtors, etc. in connection with boat slips, docks, wharves, poles, piles, etc. or to determine if any existing violations are on the property through a review of departmental records. Such special fees will be levied only for requests outside the scope of normal departmental work. A minimum fee of twenty dollars ($20. 00) per hour shall be charged. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 4 SECTION 5. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on June 29, , 1991. PASSED and ADOPTED this 19th day of June , 1991. 4/12 MAY�aR Attest: FORM APPROVED City Clerk LEGAL DEPT. (a:/Newmaror.ord. ) BY 1st reading 5/22/91 Date 5— 3 2nd reading 6/19/91 5 a :rte 00 Eead --M^Fq� FLORIDA 3 3 1 3 9 =5* I,CQRoORATED)*` °'VACATIONLANL) U. S. A. " 'efsif ie` OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. /9.7 �J DATE: May 8, 1991 TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talarico 40. City Manager 'r, SUBJECT: AN ORDINANCE AMENDING DOCKS, BOATS AND MARINE FACILITIES, CHAPTER 7 OF THE MIAMI BEACH CITY CODE. This ordianance requires an update to meet the requirements of changing times. This amendment will provide a definition of marine structure. This amendment provides for plans processing fees, reinspection fees and special inspection fees. ADMINISTRATIVE RECOMMENDATION Adopt this ordinance which provides for a definition of marine structure and provides a fee schedule for marine plans processing, reinspection fees and special inspection fees. 30 AGENDA ITEM — IS "... 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