Ordinance 95-2980 ORDINANCE NO. 95-2980
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 33, ENTITLED
"REAL PROPERTY" , AMENDING ARTICLE II, ENTITLED
"REVOCABLE PERMITS" , AMENDING SECTION 33-2,
ENTITLED "APPLICATION REQUIREMENTS" BY
PROVIDING FOR A TRIPLE APPLICATION FEE FOR
REVOCABLE PERMIT APPLICANTS APPLYING FOR
REVOCABLE PERMITS "AFTER-THE-FACT" ; PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, City property should only be used in accordance with
the conditions set by the Mayor and City Commission to ensure the
public safety and convenience and to protect neighboring property
owners as well as the public from inappropriate uses of such
property; and
WHEREAS, the establishment of unauthorized uses of City
property by private persons or entities threatens the safety and
welfare of the citizens of the City of Miami Beach and causes
inconvenience and expense to City departments regulating uses of
City property.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CITY CODE SECTION 33-2 .
That Section 33-2, entitled "Application Requirements" of
Article II, entitled "Revocable Permits" of Miami Beach City Code
Chapter 33 is hereby amended as follows :
Sec. 33-2 . Application requirements.
Applicants for Revocable Permits shall submit the following
application requirements prior to City Commission consideration of
the request :
(i) A nonrefundable application fee in the amount of $1, 000
and a mailing fee in the amount of $ 0 . 50 per address for each
property owner within a 375 foot radius of the subject property.
Additionally, the applicant shall pay all costs of advertising
connected with the request . However, for applications involving
uses of City property which have occurred or are on-going at the
time of application the application fee shall be $3 , 000 .
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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SECTION 3 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4 . EFFECTIVE DATE.
This Ordinance shall take effect on the 25th day of
March , 1995 .
PASSED and ADOPTED this 15th day o ' March , 1995 .
ATTEST:
P' MAYOR
CITY CLERK
1st reading 3/1/95
2nd reading 3/15/95
FORM APPROVED
Legal Dept.
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OFFICE OF THE CITY ATTORNEY
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LAURENCE FEINGOLDs*CH
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CITY ATTORNEY *CH26^.' MIAMI BEACH. FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO: 2 19s
DATE: MARCH 15, 1995
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CA LTON
t �
FROM: LAURENCE FEINGOLD1
CITY ATTORNEY
SUBJECT: ORDINANCE REQUIRING A TRIPLE APPLICATION FEE FOR AFTER-
THE-FACT REVOCABLE PERMITS
The City Commission directed our office to prepare legislation
increasing fees for after-the-fact approvals . Currently Ordinance
No. 93-20799 provides for an application fee of $1, 000 for requests
for revocable permits for use of City-owned property. The attached
amendment would triple the application fee to $3 , 000 for requests
for after-the-fact revocable permits .
This proposed amendment which passed on first reading on March
1, 1995 should deter use of City-owned property prior to obtaining
required approval from the City Commission.
LF:scf:memos\triplfee..cm AGENDA
ITEM R-S-r
LATE 3- 1S-0E
1700 CONVENTION CENTER DRIVE— FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139
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