Resolution 2022-32306 RESOLUTION NO. 2022-32306
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A POLICY RELATING TO CITY
PERMITTING (INCLUDING BUILDING DEPARTMENT PERMITS AND PUBLIC
WORKS PERMITS),AND PROVIDING THAT IF CITY BUILDING DEPARTMENT
OR PUBLIC WORKS DEPARTMENT PERSONNEL, EITHER AS PART OF A
PERMIT REVIEW OR AN INSPECTION, IDENTIFY ADDITIONAL WORK THAT
A PERMITTEE MUST PERFORM AS PART OF THEIR PERMIT, THE PERMIT
NOTES IN THE SYSTEM SHALL SPECIFY WHETHER AN ADDITIONAL OR
SEPARATE PERMIT IS REQUIRED FOR THE WORK THE CITY PERSONNEL
HAS ADVISED MUST BE PERFORMED; AND FURTHER PROVIDING THAT
AFTER-THE-FACT PERMIT FEES SHALL NOT BE IMPOSED FOR
PERFORMING WORK WITHOUT A PERMIT IF CITY PERSONNEL
SPECIFICALLY MANDATE THAT ADDITIONAL WORK BE PERFORMED
BEFORE A PERMIT CAN BE CLOSED, AND THE CITY PERSONNEL DOES
NOT THEREAFTER ANNOTATE THE FILE TO PROVIDE NOTICE THAT AN
ADDITIONAL PERMIT IS REQUIRED; AND DIRECTING THE
ADMINISTRATION TO UPDATE ITS PERMIT POLICIES AND PROCEDURES
TO REFLECT THE FOREGOING.
WHEREAS, the City of Miami Beach (the "City") has received many complaints that
inspectors or permit reviewers mandate additional work to be done as part of a permit, but do not
notify the permittee that a separate permit must be pulled for such work; and
WHEREAS, requiring permit reviewers or inspectors to annotate the permit file to reflect
that a permit is required for additional work would avoid permit delays and provide permittees with
clarity with regard to an already cumbersome process; and
WHEREAS, in some instances, permittees have been penalized and charged after-the-
fact permit fees (typically consisting of double permit fees)for performing work without a permit,
even though the permittees were simply attempting in good faith to comply with the instructions
of the City personnel, with no information made available to them as to the requirement to obtain
a separate or additional permit; and
WHEREAS, notwithstanding each individual permittee's obligation to determine for
himself or herself whether a permit is required for any work, if a permit reviewer or an inspector
specifically mandates that additional work be performed before a permit can be closed, and the
City personnel does not annotate the file to provide notice that an additional permit is required,
the City shall not thereafter charge after-the-fact permit fees or similar double permit fees for any
such work performed after the fact without a permit; and
WHEREAS, in view of the Administrative challenges with updating departmental policies,
procedures and software to implement this Resolution, it is the intent of this Resolution that the
foregoing condition precedent to imposing the after-the-fact permit fees should apply to any
existing qualifying open permit, where the permittee requests the relief granted herein); and
WHEREAS, for clarity, this policy does not alter the obligation of every permittee to
perform all work that may be required under the Building Code and/or to obtain all permits that
are require under the Building Code, and instead reflects the City Commission's policy judgment
that additional notification of permit requirements should be provided to permittees, in an effort to •
avoid delays or the imposition of double permit fees in circumstances where the permittees were
relying on, and attempting to comply with, the instructions of City personnel.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve a policy relating to City permitting (including Building Department
permits and Public Works permits), and providing that if the City Building department or Public
Works department personnel, either as part of a permit review or an inspection, identify additional
work that a permittee must perform as part of their permit, the permit notes in the system shall
specify whether an additional or separate permit is required for the work the City personnel has
advised must be performed; and further providing that after-the-fact permit fees shall not be
imposed for performing work without a permit if City personnel specifically mandate that additional
work be performed before a permit can be closed, and the City personnel does not thereafter
annotate the file to provide notice that an additional permit is required; and directing the
administration to update its permit policies and procedures to reflect the foregoing.
PASSED and ADOPTED this 1(1 day of ''e1/6-°7 , 2022.
Dan Gelber, Mayor
ATTEST:
SEP 2 1 2022
Rafa I E. Granado, City Clerk
1141CORFORMED.'s
Sponsored by Commissioner Alex J. Fernandez
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
fir SAP
Resolutions-C7 AM
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 14,2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A POLICY RELATING TO CITY
PERMITTING (INCLUDING BUILDING DEPARTMENT PERMITS AND
PUBLIC WORKS PERMITS), AND PROVIDING THAT IF CITY BUILDING
DEPARTMENT OR PUBLIC WORKS DEPARTMENT PERSONNEL, EITHER
AS PART OF A PERMIT REVIEW OR AN INSPECTION, IDENTIFY
ADDITIONAL WORK THAT A PERMITTEE MUST PERFORM AS PART OF
THEIR PERMIT, THE PERMIT NOTES IN THE SYSTEM SHALL SPECIFY
WHETHER AN ADDITIONAL OR SEPARATE PERMIT IS REQUIRED FOR
THE WORK THE CITY PERSONNEL HAS ADVISED MUST BE
PERFORMED; AND FURTHER PROVIDING THAT AFTER-THE-FACT
PERMIT FEES SHALL NOT BE IMPOSED FOR PERFORMING WORK
WITHOUT A PERMIT IF CITY PERSONNEL SPECIFICALLY MANDATE
THAT ADDITIONAL WORK BE PERFORMED BEFORE A PERMIT CAN BE
CLOSED, AND THE CITY PERSONNEL DOES NOT THEREAFTER
ANNOTATE THE FILE TO PROVIDE NOTICE THAT AN ADDITIONAL
PERMIT IS REQUIRED; AND DIRECTING THE ADMINISTRATION TO
UPDATE ITS PERMIT POLICIES AND PROCEDURES TO REFLECT THE
FOREGOING.
ANALYSIS
Pursuant to the request of Vice-Mayor Alex Fernandez, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the September 14, 2022
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
Page 644 of 1700
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Vice-Mayor Alex Fernandez
ATTACHMENTS:
Description
o Resolution
Page 645 of 1700