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Ordinance 2022-4475 ORDINANCE NO. 2022-4475 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A TO THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED"FEE SCHEDULE,"TO AMEND THE FEES APPLICBLE TO THE BUILDING RECERTIFICATION PROCESS, PURSUANT TO CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS"; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. WHEREAS, the Final Report of the Miami-Dade County Grand Jury ("Grand Jury'), filed on December 15, 2021, in connection with the Surfside condominium collapse tragedy, recommended that all municipalities in Miami-Dade County enact ordinances to provide advanced courtesy notices to building owners at least two years prior to the anniversary year of their required recertification; and WHEREAS, the Grand Jury further recommended that local government officials continue to increase the budgets and staff of their respective building departments to provide for more inspectors to assist in identifying problem structures that could pose risks to the public; and WHEREAS, consistent with the above, the Grand Jury recommended that municipalities require property owners to submit annual maintenance logs certifying that regular and routine maintenance of all components impacting the structural integrity of the building have been conducted on an annual basis; and WHEREAS, in order to accomplish and implement these recommendations, it is necessary for the Building Department to adjust its fees in connection with the recertification process. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Appendix A to the City Code, entitled "Fee Schedule," is hereby amended as provided in "Exhibit A" to this Ordinance. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. 1 SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED and ADOPTED this 9 day of Para"- , 2022. ATTEST: i<2.2......4„....... `. Dan Gelber, Mayor ,`' ec�MAR 1 4 2022 Mc ,t, Rafae E. Granado, City Clerk - : ; .(. CIECO ft:'," ED (Sponsored by Commissioner Alex J. Fernandez) '', ,,,,,, Underline denotes additions Str+l ough denotes deletions Double Underline denotes additions at Second Reading denotes deletions at Second Reading APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ___ C 2,-26—ZZ City Attorney M Date F:\ATTO\$ALL\ROTH\Mayor and Commission\2022 Fee Ordinance - Part I.docx 2 "EXHBIT A" TO ORDINANCE AMENDMENT TO APPENDIX A- FEE SCHEDULE Section Description Amount Annual of this (Sales tax Adjustment Code or other (References taxes may shown are apply) defined at the end of this Appendix A) Subpart A. General Ordinances Chapter 14. Building Regulations Part I * * * Article II. Construction Standards * * * Division 2. Permit Fees * * * 14-67(a) Fee per building 6?00 [A] 950.00 Building official approval of 6-month extension for building 6-1 00 [A] recertifications 950.00 14-67(c) New inspection Late report fee if recertification is not 396430 [A] completed within 90 days of building's being declared unsafe 1000.00 14-67(e) Late submission fee for buildings greater than 5 floors for 1000.00 u annual structural maintenance log_after a 30-day notice * * • 3 • Ordinances- R5 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: March 9, 2022 10:15 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING APPENDIX A TO THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "FEE SCHEDULE,"TO AMEND THE FEES APPLICABLE TO THE BUILDING RECERTIFICATION PROCESS, PURSUANT TO CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS"; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the attached Ordinance. BACKGROUND/HISTORY On December 15, 2021 the Miami Dade County Grand Jury filed their final report on the Surfside condo collapse tragedy and their recommendations on making buildings safer. One recommendation stated the need for advance notice to building owners regarding their impending recertification. Buildings which are required by County ordinance 8-11(f) to provide recertification are given a notice of 90 days. There has been much concern that a 90-day notice does not allow a property enough time to contract with a licensed design professional who will be required to perform site inspections based on previous permitting documents and perform possible testing. Therefore the providing of an earlier notice to the owner of their impending recertification will help property owners plan their recertification and increase building safety. Additionally, to assist with the recertification process and track the maintenance of buildings taller than 5 stories, the Building Department proposes to require the submission of an annual building maintenance log to the Building Department. This log will assist in tracking any repeated maintenance issues within a structure and assist in the data collection for the building recertification process by providing the Engineers with better data on routine building maintenance as part of the public record for the property. Both items were part of the recent Miami Dade County Grand Jury recommendations. Update after First Reading: Page 275_of 874 On January 20, 2022, the Mayor and City Commission passed the draft ordinance on first reading with changes to the commencement of the maintenance log program to phase in the program by having a training phase the first year— 2022, the first year of collections would be 2023 and only assessing a 50% penalty for non-compliance, and a full program with 100% of the penalty due for non-compliance in 2024. To incentivize buildings, the City of Miami Beach has designed an incentive program. Buildings in compliance with the annual log and timely submission qualify for cumulative 1.25% off per year recertification fees for the 30-year recertification, up to 37.5%, and 3.75% off per year for the 10-year recertification, up to 37.5%, when submitted and complete within the 90-day period as required by MDC 8-11(f). ANALYSIS The building recertification program cost to the Department will increase due to the need for additional notification, the reduction of time to begin the building recertification process, tracking and reporting of the yearly maintenance log, as well as tracking trends in the building recertification deficiencies, and developing procedures and training protocols which remind owners of the importance of routine maintenance and repairs. The community outreach for these requirements will also add cost to the recertification process. We hope to offset the cost of these additional services with a modest increase to the building recertification fees. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION Between the early notice and the notification of the need to submit the maintenance logs and training the estimated fiscal impact would amount to 3/4 of a clerk, a code officer, as well as administrative and supervisory time which equate to approximately $80,000 per year. No new positions are being requested. The positions needed for this work were already adopted in the FY 21/22 budget. This increase is estimated to generate an additional revenue of$60,000 These adjustments are being made to help offset the costs of enforcing the Florida Building Code as required by state statute. We hope to offset the cost of these additional services with a modest increase to the building recertification fees from $612 to $950. Additionally, increasing the recertification extension fee from $612 to $950, and the late fee for the recertification report from $306 to $1,000, and the inclusion of a late fee for late submission of the annual structural maintenance log of$1,000. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Page 276 of 874 Strategic Connection Non-Applicable Legislative Tracking Building Sponsor Commissioner Alex Fernandez ATTACHMENTS: Description n Ordinance Page 277 of 874