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Ordinance 95-3022 ORDINANCE NO. 95-3022 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" , BY RAISING THE ANNUAL PERMIT FEE PROVIDING THAT THE REVISED FEE SCHEDULE SHALL APPLY TO BOTH CURRENT AND FUTURE PERMIT HOLDERS AND SHALL BE DUE ON OCTOBER 1ST OF EACH YEAR, PROVIDING FOR PRORATION OF FEES, REQUIRING RECORDATION OF REVOCABLE PERMITS IN THE DADE COUNTY PUBLIC RECORDS, CLARIFYING REQUIREMENTS PERTAINING TO INDEMNIFICATION OF THE CITY AND NONASSIGNABILITY OF PERMITS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission believe that private persons and entities utilizing public property for private purposes should adequately compensate the public for use of such property; and WHEREAS, in order to provide adequate notice to persons who may be affected in the future, it is necessary that revocable permits be recorded in the Public Records of Dade County. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . AMENDMENT OF SECTION 33-5 . That Section 33-5 of Article II, entitled "Revocable Permits" of Miami Beach City Code Chapter 33 , entitled "Real Property" is hereby amended as follows : Section 33-5 . Conditions, Termination/Revocation of Revocable Permits (a) Each Revocable Permit shall state conditions for its issuance including but not limited to : (1) Use which the permittee shall be permitted to make of the premises . (2) The nature of the improvements permitted. (3) Requirements for maintenance of the premises by the permittee . (4) Requirements for indemnification of the City by the permittee and insurance as approved by the City' s Risk Manager including submission annually of proof of such insurance . (5) Requirements for condition of the premises when it is returned to the City upon termination or revocation of the Revocable Permit . (6) Nonassignability of the Permit, as evidenced by submission of an affidavit of ownership. 2 (7) City' s right of entry to repair utilities within any City easement or to remove unauthorized improvements . (b) As a further condition of holding a revocable permit, the permittee shall pay an annual permit fee in the amount of thirty cents (30 ) per square foot for ach square foot of property subject to the permit; except that when the property subject to the permit is waterfront property, the annual fee shall be fifty cents (50 ) per square foot . as follows : nonwaterfront property . forty-five cents (45 ) for each for single family use square foot subject to the permit with a maximum of seven thousand five hundred dollars ($7 , 500) nonwaterfront property . ninety cents (90 ) for each square for multifamily or foot subject to the permit commercial use any waterfront property = one dollar and twenty five cents regardless of use ($1 . 25) for each square foot subject to the permit 3 The fee shall be due on October 1st of each year and shall be prorated on a monthly basis for permits granted at other times during a permit year; except that for the permit year commencing on October 1, 1995 , the permit fee shall be due and payable on January 1 , 1996 . The fee shall be collected by the Public Works Department or by such other department as may be designated by the City Manager. Notice of the amount due and instructions for payment shall be provided to permittees at least sixty (60) days prior to October 1st of each year. The permit fee shall be applicable to existing and future permits . Any amounts already paid for yearly fees for 1995-1996 for existing permits shall be deducted from the amount owed for 1995-1996 pursuant to this ordinance . In the event that the permit is revoked or otherwise terminated prior to expiration of the year for which the annual permit fee was paid, a prorated portion of the fee will be refunded to the permittee . (c) Unless otherwise stated in the Revocable Permit, the Permit shall terminate after the expiration of twenty (20) years, unless surrendered or revoked at an earlier date . (d) All Revocable Permits shall be revocable at the sole discretion of the City Commission upon ten (10) day' s prior written notice to the permittee . (e) The Public Works Department shall notify permittees of 4 violations of the Permit conditions . Any violations which remain uncorrected after ten (10) days from receipt of such notice shall be reported to the City Manager and the City Commission. (f) Revocation shall be by resolution of the City Commission. No public hearing shall be required; however, the permittee or his/her representative shall be heard upon request prior to a Commission vote on the resolution. (g) When a Revocable Permit is granted, the grantee shall record the Permit in the Public Records of Dade County and shall provide a copy of the recorded Permit to the City Clerk within thirty (30) days of the City Commission' s decision to grant the permit . SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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. 5 SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 16th day of December , 1995 PASSED and ADOPTED this 6th day of December , 1995. ATTEST: ,-` CITY CLERK 1 t reading 11/21/95 2nd reading 12/6/95 SWS:scf:6.0disk8\revperm3.ord FORM APPROVED Le al D pt�. By Date sws ro~i9-qS 6 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. S-78-95 TO: Mayor Seymour Gelber and Members of the City Commission DATE: December 6, 1995 FROM: Jose Garcia-Pedrosa City Manager /l SUBJECT: SECOND RE• P . AND PUBLIC HEARING - AN ORDINANCE AMENDING M AMI BEACH CITY CODE CHAPTER 33, ENTITLED "REAL PROPERTY" AMENDING ARTICLE II, ENTITLED "REVOCABLE PERMITS", BY RAISING THE ANNUAL PERMIT FEE FOR USE OF CITY RIGHT-OF-WAY, PROVIDING THAT THE REVISED FEE SCHEDULE SHALL APPLY TO BOTH CURRENT AND FUTURE PERMIT HOLDERS AND SHALL BE DUE ON OCTOBER 1ST OF EACH YEAR, PROVIDING FOR PRORATION OF FEES, REQUIRING RECORDATION OF REVOCABLE PERMITS IN THE DADE COUNTY PUBLIC RECORDS, CLARIFYING REQUIREMENTS PERTAINING TO INDEMNIFICATION OF THE CITY AND NONASSIGNABILITY OF PERMITS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission adopt the attached Ordinance which amends Article II entitled "Revocable Permits" of Miami Beach City Code Chapter 33, entitled "Real Property" on second reading. BACKGROUND Under the City's current Revocable Permit Ordinance, holders of Revocable Permits pay an annual fee of fifty cents (50C) per square foot for waterfront properties, and thirty cents (30C ) per square foot for other public right-of-way used in a Revocable Permit. At the November 8, 1994 Land Use and Development Committee meeting, it was suggested to review the Revocable permit fee to reflect a more equitable structure. During this meeting it was recommended to charge a fee based upon a percentage of the assessed land value being used in the permit. The Ordinance amending the fee schedule to the City Code Chapter 33 to reflect this fee structure was presented to the Commission on May 3, 1995. The second reading and AGENDA ITEM R 3 F\ DATE 12 -1A 5 r COMMISSION MEMORANDUM Page 2 December 6, 1995 public hearing of May 17, 1995 was continued to the June 6, 1995 Commission meeting, when the Ordinance was withdrawn because the City Attorney's office recommended to review further the fee basis. The attached amended Ordinance was presented and approved on first reading on the November 21, 1995 City Commission meeting. ANALYSIS The proposed Ordinance rates have been revised to provide an increase in the revocable permit fees for the use of public property in single-family residences from the current thirty cents (30C) to forty- five cents (45C) per square foot per year, and for multifamily or commercial properties to ninety cents (900) per square foot per year. The fee for use of waterfront properties will be raised from the current fee of fifty cents (50C) to one dollar and twenty-five cents ($1.25) per square foot per year. Attached is a table of fee comparisons based on present and proposed fee structures for some of the existing and recent Revocable Permits. In addition to this, the attached amendment to the Ordinance contains a provision to apply the annual fee to all existing and future Revocable permit holders, and establish a due date on October 1st of each year, with prorated fees on a monthly basis for permits granted or revoked at other times during a permit year. The Public Works Department shall send a notice instructing permit holders regarding payment of the annual fee at least sixty (60) days prior to October 1st of each year. This amendment also requires that a Revocable Permit shall be recorded by the grantee in the Public Records of Dade County and that the grantee shall provide a copy of the recorded Permit to the City Clerk. CONCLUSION It is recommended that the Mayor and the City Commission adopt the attached Amendment to Article II entitled "Revocable Permits" of Miami Beach City Code Chapter 33, entitled "Real Property", by changing the annual permit fee for existing and future Revocable Permits for the use of public property for multifamily or commercial purposes or for use of waterfront property, applying a due date for the permit fees of October 1st of each year, providing for proration and requiring recordation of Revocable Permits. Attachment JGP/JP/VOA/DR/vgk C:\WPWIN60\WPDOCS\COMMEMO\REV OC\REV PTAM8.WPD H • a) H • U • •r•1 • N . +J • N M • O M < • • I Sa b0 • ul al 0 • C• 4-J •r1 • av o ,.0 OJ m Z " E -1 1—I - N H7 U S+ pa xz a) O H P. a) ra +-J o -1 rx .n O U pa u • r4 o ca • a) a Zxx ao v v O 0 ri r-I H b +I +- �. •r1 •rl (1.1 4-) a• ni ai