89-2669 OrdinanceORDINANCE N0. 89-2G69
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING CHAPTER 146 OF THE CITY'CODE ESTABLISHING AN
INTERIM GENERAL AND PRaPIZ.IETARY SERVICES FEE;
PRESCRIBING THE RATE HEREOF;~PROVIDING FORA REPEALER;
PROVIDING FOR SEVER BILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The City Commission is cognizant that the cost of providing
certain City services is in excess of the fees charged-for these services and
that these services are fiscall'ji supported in large part through ad valorem
taxation; and,
WHEREAS, the City Commission recognizes that growth places additional
demands upon limited service resources; and,
WHEREAS, from the time that a property is improved and the new building
ar structure is occupied there is no assessment of ad valorem taxes until the
ensuing January 1st, yet the City is obligated to provide certain services to
the occupants far which the City is not being compensated; and,
WHEREAS, the City Commission desires to maintain a fai r and equitable cost
allocation for the provision of City Services; and,
WHEREAS, the Interim General and Proprietary Services Fee would provide
a fair and equitable means to ensure that the Gity is compensated for such
costs.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. Chapter I~B, consisting of Sections 14B-1 through 14B-8 of the Code
of the City of Miami Beach, Florida as amended, is hereby created to read:
Chapter 14B INTERIM GENERAL AND PROPRIETARY SERVICES FEE
Section 146-1 Fee Established.
A fee to be known as the "Interim General and Proprietary Services
Fee" is hereby established.
Section 146-~ Purpose.
It is recognized that the costs of providing certain City services
exceed the fees charged for said services and that those costs are
borne in large part through ad valorem taxation. Those services
which the City provides include, bud are not limited ta: police
protection, fire protection; parks and recreational facilities.
It is further recognized that, from the time that anew building or
structure is completed and occupied until the improvements are
reflected an the tax roll as of the ensuing January 1st, City
services are provided far which no part of the cast of said services
is compensated. The purpose of the Interim General and Proprietary
Services Fees, therefore, is to defray the cast to the City in
providing City services to newly improved property prior to the
imposition of ad valorem taxes an such improved property. The fee
is not in any manner, directly or indirectly, intended as an ad
valorem tax, nor i s the amount of the fee established herein related
in any way to the valuation of the property receiving said
services.
Section.l4B-3 Fee Levied for Services to Certain Properties.
There is hereby levied an interim General and Proprietary Services
Fee which shall apply to those nraperties for which a Certificate
of Occupancy is issued, either permanent or temporary, for full or
partial use of the premises, and which shall be payable on a monthly
basis from the first day of the month following the date upon which
such Certificate of Occupancy is issued until the ensuing January
1st. At the option of the fee payor, the entire fee for the period
from issuance of the Certificate of Occupancy to the ensuing January
1st, may be paid in a lump sum at the time of issuance of the
Certificate of Occupancy; such lump sum payments, however, would be
subject to a five percent (5%) discount.
Section 14B-4 Fee; When Paid.
The first month's Interim General and Proprietary Services Fee shall
be paid, on a prorated basis, if necessary, upon the issuance of a
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Certificate of Occupancy shall be issued until such time as the
Interim General and Proprietary Services Fee has been paid.
Section 14B-5 Charges.
For the purpose of this section, a "unit" sha11 be defined as a
single-family residence; each dwelling unit of a townhouse, duplex
ar multifamily dwelling; hotel roam or suite; Adult Congregate
Living Facility unit; a single tenant industrial space; in an office
or commercial building; or a warehouse bay, except those warehouse
facilities subdivided and used primarily as leased storage units,
which shall be considered one unit per structure. The term shall
include additions to units, such as additional rooms, but shall not
include maintenance, remodeling, pools, and fences, for which no fee
shall be required, The fee shall be three cents ($G.O3) per square
foot of floor area per month.
Section 14B-5 Lien Provisions.
A11 such fees becoming due and payable after December 1, 1989, shall
constitute, and are hereby imposed as, special assessment liens
against real property aforesaid, and until fully paid and
discharged, nr barred by law, shall remain liens equal in rank and
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dignity with the lien of city and county ad valorem taxes and
superior in rank and dignity to all other liens, encumbrances,
titles, and c1 aims in, to ar against the real property containing
the building, structure ar dwelling. Such fees shall become
delinquent if not paid within sixty days {GO} after the due date,
All delinquent fees shall bear an interest charge of one percent
{1%} per month, an any or all of the outstanding balance of such
fees due, and if not fully paid with all accrued interest by the due
date of the next Tnterim General and Proprietary Services Fee
payment, wi 11 canti nue to accrue interest at the rate of one percent
(1%} per month. Unpaid and delinquent fees,. together with accrued
interest, shall remain and constitute special assessment liens
against the real property involved. Such special assessment liens
far interim proprietary and general service fees may be enforced by
any of the methods provided in Chapter 85, Florida Statutes, or in
the alternative, foreclosure proceedings may be instituted and
prosecuted under the provisions of Chapter. 173, Florida Statutes,
or the collections and enforcement of payment thereof may be
accomplished by any other method authorized by law. The owner sha11
pay all costs of collection, including reasonable attorney fees,
court costs, and abstracting and related lien expenses imposed by
the virtue of this chapter,
Section 1~4B-7 Exceptions.
The Tnterim General and Propriety Services Fee shall not be levied
upon:
1} Any improvements for which a building permit was issued prior
to the effective date of this ordinance.
2} Any improvements which were the subject of a development
agreement with either the City of Miami Beach or the Miami
Beach Redevelopment Agency, entered into prior to the
effective date of this ordinance.
3~ Properties requiring a Certificate of Occupancy for change of
use of property,
4} Any property which is far nonprofit use such as religious and
educational institutions.
5} Any property owned or operUted by governmental units.
Section 14B-8 Collection and Reposit.
All money paid for such services shall be collected by the Director
of Building Department and shall be deposited into the General Fund.
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SECTION 2 - REPEALER. All ordinances or parts of ordinances insofar as they
are inconsistent or in conflict with the provisions of this ordinance, are
hereby repealed,
SECTION 3 - SEVERABILITY. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the remaining
provisions of this Ordinance shall not. be affected.
SECTION ~ -EFFECTIVE GATE. This or~~inance shall become effective 10. days
after passage on 16th day of December ~ Iggg.
PASSED AND ADOPTED T}liS 6th day of December 1989,
ATTEST:
Gtr
'~~~.~~-
CITY CLERK
FORM APPROVED
~~~~..._
LEGAL DEPARTMENT
~~/z Z/may
1st reading 9/20/89
Second 1st reading aa/15/89
2nd reading 12/6/$9
Abe Resnick, Vice,- Mayor
4
eitcy o~ ~id~sci ~'eac~i
~~~,v-tafgy FLORIDA. 33139
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*`1NCOR ORATED * " ~ ~ ,
VACATI(1NL,~NU U. S. A.
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Off1CE OF THE CITY~MANAGER CITY HALL
ROB W. PARKINS- 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: fi73.7010
ISSION MEMORANDUM ND, l~' ' ~`~ J
COMM
DATE: Decembex .b , 19 $ 9
TQ: Mayor Alex Dao and `1
Members. of a Ci#y Comm' si eJ
FROM: Rob W. Pa ins
Ci#y Manager
SU B.~ECT: AN ORDINANCE MENDING THE CITY CODE TO CREATE CHAPTER 14B,
ESTABEISHING PROVISIONS FOR AN INTERIM GENERAL AND .PROPRIETARY
SERVICES FEE.
BACKGROUND .
It is recognized that the cast of providing certain City services exceed the
fees that are charged and that these costs for the large part supported by Ad
Valorem taxes. These services include fire protection and rescue services,
police protection,. parks and recreational facilities. It is a1 so recognized
that from the time that anew building is completed and occupied and until that
improvement is reflected on the tax rolls as of the ensuing January lst., the
City is obligated to provide such services far which it is not compensated.
In order to maintain and ensure a fair and equitable means of allocating casts
and to ensure that the City is compensated, the Interim General and Proprietary
Services Fee is being praposed~and is not in any way related to the value of the
property receiving said services.
Major provisions of the Interim General and Proprietary Services Fee include:
1. Properties Affected. New construction on properties for
which a Certificate of Occupancy is issued; either
permanent or temporary, far full or partial use.
2. Fee. Three cents ~3~) per square foot per month payable
monthly on the first day of the each month until the
ensuing January 1st. Provides an option for lump sum
payment with a 5/o discount.
_-.____-_r___,..- -.-- --.--- ~___3 -~-~ Exceptions-...Provided- for- in Chapter 14B-1..-__ .____.~......_..______._.___ . .
This Ordinance, as presented, was passed on first reading on November I5, Ig89.
ADMINISTRATION RECOMMENDATION '
The Administration recommends that the City Commission adopt the attached
Ordinance, as amended, which provides for the creation of Chapter 146 of the
City Code, establishing and making provisions for an Interim General and
Proprietary Services Fee.
PFL:me
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AGENDA ~ _ ~~
ITEM
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