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2011-3732 Ordinance ' l I - t \ \ ORDINANCE NO. 2011 -3732 i AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 ' OF THE CITY OF MIAMI BEACH CODE, RENAMING ARTICLES AND DIVISIONS; AMENDING FEES, CLARIFYING ADMINISTRATIVE PROCESSES AND THEIR RESPECTIVE FEES; CREATING A PROCESS FOR REEVALUATING PERMIT FEES; DELETING SECTIONS 14-421 THROUGH 14- 431, AND 14-466 THROUGH 14 -698 IN THEIR ENTIRETY; AND AMENDING APPENDIX A BY MODIFYING INSPECTION FEES FOR BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL WORK, AND FOR OTHER BUILDING DEPARTMENT ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010- 3670, related to the fees for the Building Development Process; and WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a complete overhaul of the fee structure; and WHEREAS, the City Administration has worked with the new fee structure since implementation, and has identified a series of refinements to such fee structure that will help to clarify and bring equity to certain types of permit applications; and WHEREAS, the Administration recommends that the City Commission approve the following Ordinance amending Building Department fees related to the Building Development Process. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 14, Part I, Article I of the City Code is hereby amended to read as follows: PART I. PERMITS APPLIED FOR BEFORE MARCH 1, 2002 ARTICLE I. - IN GENERAL (-Before March ;—_002' SECTION 2. That Chapter 14, Article II, Division 2 "Permit Fees" of the City Code is hereby amended to read as follows: * * * * * Sec. 14 -61. - Permit fees, generally. * * * * * (I) City projects. The cost of enforcing the building code on city related projects will be reimbursed based on the actual time spent in the processing, review and inspection of such projects. The payment will be due prior to issuance of the certificate of occupancy or completion for the project. Effective October 1, 2011, for any active permit applied for on or after February 1, 2010, fees shall be based on the permit fee schedule in place at the time of the permit application submittal, and should be paid accordingly. (m) [Adjusted rates.] The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for Consumers in the Southeast United States for all items, unless otherwise directed by the city commission. Notwithstanding the preceding sentence, the rate adjustments set to take place in February 2011 and February 2012 shall be waived, finding such waiver to be in the best interest of the City and the public. * * * * * (o) The rates in appendix A for permit fees pertaining to this chapter shall be re- evaluated administratively no less than every three (3) years from the last adopted changes. Any recommended changes shall be brought to the city commission for consideration and final approval. (p) If the permit fee (including all city department permit fees, but not including any outside agency fees or surcharges referenced in Sections 14 -69, 14 -70, or 50- 3(n) herein) calculated at time of permit application submittal is greater than ten percent (10 %) of the value of construction as declared on the permit application, the permit fee will be re- evaluated by the building official or his /her designee. However, for those permit applications where the value of construction is less than $1,000.00 or the permit fee is the minimum permit fee, no further evaluation shall be required and the fees calculated at the time of permit application shall stand. For those permits where there are no building department plan review or inspections required, this responsibility shall _ be delegated to the department director in the required review departments (such as, for example purposes only, fire, planning, public works), or their respective designees. The permit applicant shall pay the up -front processing fee, as outlined in the applicable sections in Chapters 14, 15, 50 and 98 of the City Code, while the permit fee is being re- evaluated. The re-evaluation shall consist of the respective city representative(s) using industry standard cost estimating resources (as determined by them in their sole and reasonable discretion) to determine the estimated construction value. Using that determined value, the permit fee shall not exceed ten percent (10 %) or the minimum permit fee identified for that type of work, as outlined in appendix A, whichever is greater. If the determined construction value cannot be determined by the above indicated resources, the actual level of effort for plan review and inspection shall be calculated and charged, g but shall not exceed the originally calculated fee at time of permit application. Refunds, if required, shall be given for any payment over a .final permit fee and subject to the provisions in the applicable sections in Chapters 14, 15, 50 and 98 of the City Code regarding permit fee refunds. Sec. 14 -62. - Building permits. * * * * * (b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to the schedule in appendix A, provided the same are for a permit required by Section 104.1105.1 of the Florida Building Code, may be refunded by the building official subject to the following: (1) No refunds shall be made on requests involving: a. Permit fees of $100.00 or less; or b. Permits revoked by the building official under authority granted by the Florida Building Code; or c. Permits cancelled by court order; or d. Permits which have expired - - - - - - _ - • - - _ • - _ - _ - - • _ - _ _ _ or e. Permits under which work has commenced as evidenced by any recorded inspection having been made by the department, unless the refund is due to an overcharge by the city. (2) A full refund shall be granted to a permit holder who takes out a permit covering work outside the jurisdictional inspection area. (3) A full refund less the $50.00 minimum up -front permit fee and any outside agency fees shall be granted to a permit applicant who requests a refund in writing, provided that no plan review has commenced. A full refund less $100.00 or the up -front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit applicant who requests a refund in writing, provided that a permit has not been issued. A full refund less $100.00 or the up -front permit fee, whichever amount is greater, rounded down to the nearest dollar, and any outside agency fees shall be granted to a permit holder (to whom a permit has been issued) who requests a refund in writing, provided: a. That the permit holder makes a written request prior to the permit expiration date; and b. That no work as evidenced by any recorded inspection has commenced under such permit. * * * * * • _ _ - - - - - - - - - - - - -- - - - - - - -_- -- _- _ - -• - -- , - - -- • - - - = -- - _ - -- - - -- - - - -- -- • - - - - --- - • -- - -- - - - - - - - - - - - - - - . Where the permit is revoked, or becomes null and void, or expires because of lack of work or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If no more than 180 days of the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant may apply to renew the permit. The reapplication must be covering the same project and involving the same plans, and must be submitted with the plans and the applicant's validated copy of the original permit. A fee of twenty five percent (25 %) of the original permit fee, plus an additional $57.00 processing fee, shall be charged for a renewal under these circumstances. Where the permit is revoked, or becomes null and void or expires because of lack of work or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If more than 180 days but no more than 365 days since the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant may apply to renew the permit. The reapplication must be covering the same project and involving the same plans, and must be submitted with the plans and the applicant's validated copy of the original permit. A fee of twenty five percent (25 %) of the original permit fee, plus a fee of twenty percent (20 %) of the new permit fee, shall be charged for a renewal under these circumstances. For permits that have expired where the only missing component is one or more final inspections, the fee for reopening the permit, performing the final inspection(s), and providing a final approval on the permit shall be charged at based on the time dedicated for inspection(s). * * * * * Sec. 14 -70. - General information. This section contains a list of other fees collected by the building department for other departments or agencies. Specific amounts are given in appendix A. (1) A surcharge will be added to building permits forthe state to study building code requirements for radon gas, as per F.S. § 553.721. This amount is non- refundable. (2) A surcharge will be added to building permits for the code compliance program established by the county. This amount is non - refundable. L3) A surcharge to the building permits will be added when processing marine structures according to schedule established by city ordinance. (4) A fee shall be charged to any building or structure for which a certificate of occupancy is being issued. 4}(5) A sanitation imast— feesurcharge shall be charged for all building, electrical, plumbing, and mechanical and demolition permits. (6) A separate fire safety, public works and /or zoning review fee associated with the building permit process shall be charged as outlined in appendix A. SECTION 3. That Chapter 14, Article II, Division 3 of the City Code is hereby amended to read as follows: DIVISION 3. - BUILDING CODE VIOLATIONS (PERMITS APPLIED FOR BEFORE MARCH 1, 290 * * * * * SECTION 4. That Chapter 14, Part II, Article I of the City Code is hereby amended to delete the following: PART I. PERMITS APPLIED FOR ON OR AFTER MARCH 1, 2002 ARTICLE I. IN GENERAL (After March 1, 2002) * * * * * SECTION 5. That Chapter 14, Article II of the City Code is hereby amended to read as follows: ARTICLE �LII. - PERMITS APPLIED FOR ON OR AFTER MARCH 1, 2002 * * * * * SECTION 6. That Division 2, Sections 14-421 through 14-431 of Chapter 14, Part II, Article II, of the City Code are deleted in their entirety. SECTION 7. That Articles III, IV, V, and VI, Sections 14-466 through 14 -698 of Chapter 14, Part II of the City Code are deleted in their entirety. SECTION 8. That Appendix A of the City Code is hereby amended to read as follows: * * * * * Section Oeesritien Amount Discounted this Code Description (Effective Amount Oct. 1,- (Effective 20112012) Feb. 1, 2010 Oct. 1, 2011 through Sept. 30,- 20112012) Building permits — Specialty permits: Kitchen, bath and indoor flooring • Kitchen renovation (single - family home (R3) or 1,113.00 1,1057.00 single apartment unit (R2))based on the fee for 1,057.00 reconfiguration of space up to a maximum of (if 2 trades or less are required then apply minimum ermit fees er trade • Flooring per 500 square feet or part thereof cif 205.00 177.CIO fixture sets are included then a separate plumbing permit is required) Communication Equipment Enclosure • without transfer switch and receptacle 331.00 331.00 • with transfer switch and receptacle 393.00 393.00 Swimming pools * * * * * Pool equipment — Replacement 143.00 100.00 * * * * * Marine permits: Docks— Residential (does net includes pilings associated with dock construction and 2 moorin•s * * * * * Docks — Commercial (does net includes pilings_ associated with dock construction and 2 moorin • s * * * * * Dock Repair-Commercial-replace all but piles 211.00 211.00 (plumbina and electrical not included Dock Repair-Residential-replace - - 143.00 143.00 (plumbing and electrical not included Seawalls and Seawall Re •airs includin • • iles) * * * * * 450-08 44640 Watercraft Lift • Up to 2 systems(Dual arm lift is a single unit) 488.00 446.00 • Each additional s stem over 2 68.00 68.00 Remove and Replace Pilings or moorings, per 205,00 198.00 unit • U • to 2 units - 243.00 198.00 • Each additional piling over 2 40.00 40.00 Si s ns Building Sign (non - electric)- If sign has electrical component electrical sub- permit required: • For the first 100 square feet 143.00 142.00 • Per each additional 100 square feet or part 86.00 85.00 thereof Electric Signs (sub- permit to building sign): • One electric sign 262.00 247.00 • 2 -5 electric signs 371.00 366.00 • Each additional electric sign over 5 48.00 47.00 Temporary and Special Event Fees * * * * * Temporary Structure/Trusses /Statues(no 314.00 314.00 electrical or plumbing included Temporary Chiller 445.00 445.00 Temporary chiller-Of generator 787.00 707.00 228.00 228.00 -- - - - - -- - - -- - , -- - 963.00 958.00 Construction Trailer, per trailer 547.00 547.00 Office Trailer, per trailer 661.00 661.00 Temporary power for construction 467,00 46208 217.00 217.00 Temporary power for test 228,00 228,00 182.00 182.00 Temporary multi seat toilet trailer, per trailer 86.00 77.00 * * * * * Temporary Fencing 143.00 143.00 * * * * * - -- - -- _ - - - -- -- - -- 29,00 29.00 • Cooking hood suppression (per system)Multiple 266.00 266.00 systems in same area (i.e. kitchen) will be charged at 50% of above fee for each additional s stem * * * * * • Repair & replace Fire Alarm Panel Only Up to 2,500 114.00 114.00 2 , 501 -3, 000 114.00 114.00 3, 001 -5000 114.00 114.00 5.001 -10, 000 114.00 114.00 10,001-15 000 114.00 114.00 15.001 -30, 000 114.00 114.00 30, 001 - 75.000 114.00 114.00 75,001- 100,000 114.00 114.00 100. 001 -150, 000 114.00 114.00 150, 001 - 500000 114.00 114.00 Over 500 000 114.00 114.00 Fire - Elevator recall Test Base 156.00 156.00 Per Floor 54.00 54.00 • Electrical smoke detectors (fire permit) • Under 5 devices 39900 159.00 200.00 • Up to 25 devices 85640 488.00 500.00 * * * * * • Minor work on existing fire alarm 25.00 25.00 • 1 to 5 components 143.00 54.00 • 6 to 15 components 171.00 106.00 • Minor work on existing fire suppression system 143.00 45.00 Building trade permits * * * * * Installation or replacement of windows and exterior doors in all buildings, shutters _glass or storefronts: New installation or replacement, of above listed items: • 1 unit 100.00 100.00 a-4 2 -10 units 342.00 293,00 200.00 200.00 • 11 -30 units 627.00 625-00 * * * * * 330.00 Concrete slabs, ; walkways, wood decks and paving (where separate installation not covered b • rior • ermit : * * * * * Paving/Wood Decks * * * * * Railings • 0 to 100 feet 228.00 228.00 • 101 to 500 feet 314.00 314.00 • 501 to 1, 000 feet 371.00 371.00 • Above 1000 feet 428.00 428.00 Signs - (nonele trio): . F the fir 100 qua feet 44240 }4��,,,�,�� _ 8 _ - 6` 0 thereof * * * * * Fences and /or walls: Single- family and duplex buildings: • For first 75 linear feet or fractional part 2284)0 110.00 200.00 • For each additional 75 linear feet or fractional 68.00 68.00 _part thereof 47.00 47.00 Multifamily, commercial and industrial buildings: • For first 75 linear feet or fractional part 37-1-00 197.00 211.00 • For each additional 75 linear feet or fractional 80.00 77.00 part thereof Awning, canopies and residential patio covers: New Single Family Home • Up to 30 square feet 91.00 91.00 • Per each additional 30 square feet or part 68.00 59.00 thereof All Other Occupancies • Up to 30 square feet 143.00 139.00 • Per each additional 30 square feet or part 68.00 67.00 thereof 59.00 Carport Awning 294.00 200.00 Replace fabric for awning, canopy or cover (no 143.00 74.00 charge for single family home 14 -63 Plumbing permit fees: * * * * * 257.00 217.00 * * * * * Water and drainage risers and mains, per 1 unit per riser or main perfloor • Multiunit residential (excluding SFH) 542700 542.00 • UP to 5 units 542.00 542.00 • Each additional 5 over 5 29.00 29.00 • Commercial 670700 670:00 • Up to 5 units 570.00 570.00 • Each additional 5 over 5 29.00 29.00 Natural ear gas and liquefied petroleum, appliances, per 1 unit per outleter- etc. connection • Residential 257.00 488.00 • Up to 5 units 257.00 188.00 • Each additional 5 over 5 29.00 29.00 • Commercial 285.00 285.00 • Up to 5 units 285.00 283.00 • Each additional 5 over 5 29.00 29.00 Gas water heater or pool heater new - Single 408.00 46-1.00 Family Home(no electric permits required)Up to 86.00 5 Units Gas water heater or pool heater new 408.00 161.00 Commercial (no electric permits required) Up to 1 5 Units • Each additional 10 over 5 29.00 29.00 Electrical water heater or pool heater - New 152.00 86-00 • Up to 5 units 152.00 86.00 • Each additional 10 over 5 29.00 29.00 Electrical water heater or pool heater - 86.00 8-140 Replacement • Uo to 5 units 86.00 81.00 • Each additional 10 over 5 29.00 29.00 Plumbing permits - Stand alone: Fixtures or interceptors: Fixtures • Fixture rough, undcr 5 units - 228:00 200.00 • UD to 5 units 228.00 200.00 • Each additional 10 over 5 29.00 2900 • Fixture sets replacement undcr 5 ccto 143.00 113.00 • Up to 5 units 143.00 143.00 • Each additional 10 over 5 29.00 29.00 -- - -- - -_ - - -- - -- - - -- , - -- 29.00 29,00 Interceptors (per 228.00 228-00 • Up to 5 units 228.00 228.00 • Each additional 10 over 5 29.00 29.00 Re- • i • ing Bathrooms /Kitchens • UD to 5 units 200.00 200.00 • Each additional 10 over 5 29.00 29.00 Drainage or connections: Water drainage (rainwater roof inlets, area 257.00 250.00 drains, surface inlets) • Up to 5 units 257.00 250.00 • Each additional 10 over 5 29.00 29.00 Condensation drains 200-00 19500 • Up to 5 units 200.00 195.00 • Each additional 10 over 5 29.00 29.00 Water meter /submeter connections to water 228.00 22040 supply system or to appliances /installations not • covered b fixtures • Up to 5 units 228.00 220.00 • Each additional 10 over 5 29.00 29.00 Sub -meter with Backflow Protection Device • U to 5 units 275.00 217.00 .-P • Each additional 10 over 5 29.00 29.00 Backflow protection devices • Up to 5 devices 257.00 217.00 • Each additional 10 over 5 29.00 29.00 Wells, tanks, gas, sewer: Gas Venting /Flue Piping 200.00 161.00 Drywells or discharge wells 228.00 21A.00 _- f • ■Up to 5 units 228.00 220.00 • Each additional 10 over 5 29.00 29.00 Natural gas and liquefied petroleum, 1 unit per 285700 277.00 connection • Up to 5 units 285.00 277.00 • Each additional 10 over 5 29.00 29.00 * * * * * 14 -64 Electrical permit fees: * * * * * Electric alteration or remodel: • Minimum fee or under 1,500 square feet 262.00 1:00 168.00 • Per additional 1,000 square feet over 1,500 133.00 89.00 * * * * * Electric c►ignc. 26200 247.00 . 2 5. eleotrin c ign 3 1 77 .000 4r ' y 8.00x: 0 * * * * * Charging Stations - Single Family Residence 154.00 154.00 Charging Stations- Commercial • Up to 5 units 228.00 228.00 • Each additional 5 over 5 80.00 80.00 * * * * * 14 -65 Mechanical permit fees: * * * * * AC unit new - Commercial, per unit 1,112.00 1,054.00 • Under 2,000 CFM 839.00 839.00 • Over 2.000 CFM 1120.00 931.00 * * * * * Pool Heat Pumps(New) 336.00 336.00 Pool Heat Pumps(Replacement), 137.00 84.00 * * * * * Elevators, escalators and other lifting apparatus: Permit for new installation or major revamping_ per ASME A17.1 Section 8.7 Building permit Required (includes initial inspection and certificate . Installation of traction elevators and-escalaters, per unit • Up to three stories 3,031.00 8 2 138.00 2 138.00 • 3-10 stories 3 -09 3,20148 2,608.00 2,608.00 • Each additional story over 10 284.00 280_00 154.00 154.00 Installation of h draulic elevators, per unit • U to three stories .-P 1 112.00 1 112.00 • 3-10 stories t415.00 1,415.00 Installation of new wheelchair lift 1 4 941.00 941.00 Installation of new residential elevator, per unit 1,967.00 1,950.00 1,169.00 1,169.00 Installation of escalator, per unit 2,689.00 2,68500 2,081.00 2,081.00 Elevator Repair and Maintenance Repairs (Value over $5,000.00) per ASME 17.1, 610.00 610.00 Section 8.62 Repairs (Jack/Oil Lines)Up to $5,000.00, 519.00 519.00 Repairs (Can Interior /Other)Up to $5,000.00 291.00 291.00 Elevator tests, temporary use, variances and compliance inspections: * * * * * Elevator fife System, recall test, per unit 988.00 985.00 * * * * * Annual fees for certificate of operation and inspection;_ date due per- :e: October 1, Street Octob 1 -t- th Street t 41 S�treei Aeember 1 Nefth-ef-4e Strect December 1 Certificate of operation for each unit (mandated) 14440 100.00 75.00 75.00 Renewal of delinquent certificate of operation 114.00 100.00 Duplicate certificate of operation (mandated) 86.00 50.00 25.00 25.00 * * * * * SECTION 9. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 10. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 11. 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 Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered 02011- ) ?3 to accomplish such intention, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION 12. EFFECTIVE DATE. This Ordinance shall take effect on the 1 day of October 2011, which is at least ten (10) days after adoption. PASSED and ADOPTED on first reading this 13th day of July , 2011. PASSED and ADOPTED on second reading this 14th day of September 2011. if • 1, - // - . II � JJj F,9���i,� Mayor ATT ST: ' N \ 1 * INCORP ORATED: City Clerk € � \CH26, Letters or numbers that are - - -`Irn deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. T:\AGENDA\2011 \7 -13 -11 \Building Development Process Fees \Building Ordinance Strikethrough.doc APPPoveD AST FORM LP N vPG E & i O P •V i IO'J ‘` l°‘\ f • •O _ Uate COMMISSION ITEM SUMMARY Condensed Title: Ordinances Modifying The Building, Fire, Planning And Public Works Department Fees Related To The Building Development Process Implemented On February 1, 2010 Key Intended Outcome Supported: Strengthen Internal Controls; Maximize Efficient Delivery Of Services; Increase Community Satisfaction With City Government; Minimize Taxes / Ensure Expenditure Trends Are Sustainable Over The Long Term; Improve The City's Overall Financial Health And Maintain Overall Bond Rating Supporting Data (Surveys, Environmental Scan, etc.): 47.4% of residents and 57.1% of businesses who had contact with the Building Department rated their experience as excellent or good in the 2009 Community Satisfaction survey, an increase of 5.4% for residents and 11.1% for businesses from the 2007 survey. Issue: Shall the Mayor and City Commission approve the ordinances amending various fees related to the. Building, Development Process in the City of Miami Beach? Item Summary /Recommendation: SECOND READING PUBLIC HEARING On January 13, 2010, the City Commission approved 4 ordinances for the Building, Fire, Planning and Public Works departments related to the fees for the Building Development Process. These ordinances went into effect on February 1, 2010 and provided a complete overhaul of the fee structure for the above mentioned departments. _ As a result of concerns that were raised by certain segments of the development community, as well as by 'staff, regarding the fee amounts and administrative processes related to the fees, in September 2010, the Administration brought to the City Commission proposed ordinances which sought to refine certain permit types and create;those that were still needed. The City Commission referred the proposed ordinances to the Finance and Citywide:Projects Committee ( "Committee ") for further discussion and consideration. At the same time as the referral to Committee, the Administration and City Commission began hearing concerns from customers regarding permit fees being' too high,' and that it was less expensive in other jurisdictions to obtain a permit for the same type of work. The Administration retained JRD and Associates to compare the City's fees to those in other jurisdictions. The Administration also brought Maximus back to review the status of the permit fee implementation to answer whether or not the City met its original objectives, if staff was applying the fee structure correctly, and to review the issues being encountered and identify appropriate solutions. While JRD and Maximus are still analyzing data and developing proposed recommendations, staff from the four departments has reexamined the levels of effort for many permit types and proposed adjustments. The proposed adjustments have been developed in a manner consistent with the methodology of allocating fees based on the required level of effort by staff. The first reading took place at the July 13, 2011 Commission Meeting. The Administration recommends that the City Commission move forward with the Administration proposed modifications at this time, even though the JRD and Maximus outcomes are still pending. This will provide permit fee relief to customers, with potential further revisions in the future. Advisory Board Recommendation: I At its June 23, 2011 meeting, the Finance and Citywide Projects Committee recommended this item. Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: At this time, it is unknown what the fiscal impact of the proposed changes discussed herein will be. It is assumed that the revenues collected from permit fees will decrease once the changes discussed herein are implemented. Assuming that revenues,do decrease, and expenditure trends are stable, the Building Department reserves will be similarly decreased. If -these assumptions are held true, it is anticipated that at some point in the next year or two, the Building Department reserves will be depleted and General Fund dollars will be required to supplement the difference. City Clerk's Office Legislative Tracking: I Jorge Gomez, Assistant City Manager Sign -Offs: Department Director ssistant j ity Manager ' City Manager L i ,I 9 T:\AGENDA\2011 \9 -14 -11 \Building Develo nt rocess Fees\Bu ; f % l '' - e o •' :,' - - . - ss s - su ry.doc MIAMI AGENDA ITEM R SA DATE 9--(‘I--/I • M IAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager SECOND READING DATE: September 14, 2011 PUBLIC HEARING SUBJECT: ORDINANCES MODIFYING THE BUILDING, FIRE, PLANNING AND PUBLIC WORKS DEPARTMENT FEES RELATED TO THE BUILDING DEVELOPMENT PROCESS IMPLEMENTED ON FEBRUARY 1, 2010 ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the four ordinances amending various fees related to the Building Development Process in the City of Miami Beach. INTRODUCTION On January 13, 2010, the City Commission approved four ordinances for the Building, Fire, Planning and Public Works departments related to the fees for the Building Development Process. These ordinances went into effect on February 1, 2010 and provided a complete overhaul of the fee structure for the above mentioned departments. As staff has worked with the new fee structure since implementation, the various departments involved in the process have identified a series of refinements to the fee structure that help to clarify and bring equity to certain types of permit requests. BACKGROUND Building Development Process The Building Development Process ( "Process ") in the City of Miami Beach includes the Building Department, the Fire Department's Prevention Services Division, the Planning Department and the Public Works' Engineering Division. The Building Department provides process intake, routing, billing, and computer support for the entire "Process ". The Building Department staff conducts plans review and inspections for plumbing, structural, building, electrical, governmental compliance, elevator, accessibility and mechanical trades as required by the different permit types for compliance with Florida Building Code as well as the Miami Beach City Code. Additionally, the Building Department reviews permit applications for compliance with outside regulatory agencies. City Commission Memorandum September 14, 2011 Building Development Process Fees Page 2 of 9 The Fire Department's Fire Prevention Division is involved in the majority of building permits issued by the City, with the exception of single - family homes. A Fire Department fee is collected for each building permit corresponding to the Fire Department's review and inspection. The Planning Department serves as staff to the City's Planning Board, Board of Adjustment, Design Review Board, Historic Preservation Board, and Single Family Residential Review Panel. Depending on the scope of the project, a new development is required to receive approval from one or more of these Boards. The Planning Department processes the applications, reviews them and prepares recommendations to all of the above Boards. Fees are assessed for the various planning applications according to a fee schedule contained within the City Code. The Planning Department also reviews all building permits for compliance with the City's land development regulations, comprehensive plan and consistency with architectural review guidelines and preservation appropriateness criteria. This zoning review is required to ensure compliance with existing legislation, zoning requirements, and state growth management requirements. The Public Works Department Engineering Division staff conducts plan reviews and inspections for all construction activities that occur within the public right -of -way (streets, roadways, waterways, alleys and sidewalks), public property and easements. The Public Works Department also performs plan review activities supporting a variety of Building Department permits in private property that will connect and /or will have potential impacts to City owned utilities, right -of -way and /or utility easements. Further, the Building, Fire, and Planning Departments participate in the Certificate of Occupancy or Completion process that allows for the use and occupancy of the structure based on certifying that the use is permitted and that the structure is in compliance with applicable City Codes. 2009 Building Development Process Fees Study In mid -2009, the City initiated a study of costs and fees related to the Process with the consulting firm, Maximus Consulting Services Inc. ( "Maximus "). The primary focus of the study was to develop a simplified fee structure and associated fee levels for services performed by the Building Department in enforcing the Florida Building Code, as well as services performed by the Fire, Planning, and Public Works Departments in enforcing other Federal, State and City Codes related to building permits. . On January 13, 2010, the City Commission approved four ordinances for the Building, Fire, Planning and Public Works departments related to the fees for the Building Development Process, as outlined in the Maximus study. These ordinances went into effect on February 1, 2010 and provided a complete overhaul of the fee structure for the above mentioned departments. At the time of implementation, there were increases in the fees related to the building development process for the Fire, Planning, and Public Works Departments. These were offset by short-term decreases (discounts) in the Building Department fees so that, in the aggregate, the total combined fees charged to the development community were to remain at current levels. Decreases in Building Department revenues are being replaced by previously set aside Building Department reserves so that costs related to enforcing the Florida Building Code continue to be offset by Building revenues. City Commission Memorandum September 14, 2011 Building Development Process Fees Page 3 of 9 Issues since Implementation and Steps Taken As a result of concerns that were raised by certain segments of the development community, as well as some concerns raised by staff, regarding the fee amounts and administrative processes related to the fees, in September 2010, the Administration brought to the City Commission proposed ordinances which sought to refine certain permit types and create those that were still needed. The City Commission referred the proposed ordinances to the Finance and Citywide Projects Committee ( "Committee ") for further discussion and consideration. At the same time as the referral to Committee, the Administration and City Commission began hearing concerns from customers regarding permit fees being too high, and that it was less expensive in other jurisdictions to obtain a permit for the same type of work. The Administration has taken steps to re- evaluate the fee structure since the referral of the proposed ordinances. With regard to the concerns that permit fees are too high, the Administration retained JRD and Associates to compare the City's fees to those in other jurisdictions. The Administration also brought Maximus back to review the status of the permit fee implementation to answer whether or not the City met its original objectives, if staff was applying the fee structure correctly, and to review the issues being encountered and identify appropriate solutions. Additionally, staff from all applicable departments have revisited the levels of effort on those permit types where concerns have been raised to see if any fee reductions could be recognized. After reviewing the implemented permit fee structure, JRD and Associates (JRD) concurred with Maximus' approach and methodology in determining the building permit fees for Miami Beach. They also concurred, in general, with the times associated with building plan reviews and inspections, as determined by Maximus and the City. JRD also conducted a comparative analysis of the 20 most common /revenue - producing permit types for the Building Department (comparing Building Department fees to Building Department fees in the respective jurisdictions) and six (6) Right of Way permit types for the Public Works Department. Further evaluation of fees for other departments in other jurisdictions is still ongoing. Once JRD concludes their evaluation, the feasibility and impact of any proposed fee changes will be analyzed further to determine if they should be implemented. Maximus' re- evaluation of the City's implementation revealed that the City's new permit fee structure based on square feet is more simplified than the previous schedule, which was based on cost. Maximus spoke at length with Building Department staff to determine if the staff was feeing permit applications correctly and found that indeed they were. With regard to whether or not the Building Department was recovering more in fees than costs for operation, Maximus determined that the Building Department was under - recovering its actual costs. Fee collection was actually less than what Maximus originally projected, and not covering the Building Department costs. Based on discussions Maximus had with staff, Maximus is proposing that plan review and permit inspection times for Alteration /Remodel permit types be reviewed and potentially revised downward. City staff has preliminarily reviewed the Alteration /Remodel levels of effort, and changes are being proposed, which should lower permit fees. These proposed levels of effort are currently being evaluated by Maximus. It should be noted that the levels of effort suggested for adjustment are not significant components of the overall fees, so a drastic drop in fees is not anticipated. It is recommended that the City Commission move forward with the Administration proposed modifications at this time, even though the JRD City Commission Memorandum September 14, 2011 Building Development Process Fees Page 4 of 9 and Maximus outcomes are still pending. This will provide permit fee relief to customers in the most expeditious timeframe, with potential further revisions in the future. PROPOSED MODIFICATIONS TO THE FEE STRUCTURE While JRD and Maximus are still analyzing data and developing proposed recommendations, staff from the four departments has reexamined the levels of effort for many permit types and proposed adjustments. The proposed adjustments to the fee schedules have been developed in a manner consistent with the Maximus methodology of allocating fees based on the required level of effort by staff. The proposed fee modifications to the fee structure can be grouped into the following categories: • Specialty Permits: Additional fee categories are recommended for frequently requested smaller permits that are interdisciplinary in nature. • New Fee categories: New categories are proposed to account for less commonly used permit types. • Revised Permit Fees for Certain Categories: Staff revisited times allocated to a process based on concerns raised by staff and /or customers. • Multiple Fee Levels: Multiple levels are proposed for some categories based on the level of complexity of the work. Many fee categories will result in permit fee decreases and no existing fees will be increased. Examples of proposed fee changes resulting in decreased fees include the following: • Windows /Exterior Doors • Fees for blocking Right -of Way • Awnings • Kitchen /Bath /Flooring Specialty Permit • Watercraft Lifts /Pilings /Moorings • Temporary Generators • Temporary Power for Test/Construction • Relocating Buildings /Structures over 1,500 square feet • Gas Water Heater Replacement • Water Drainage /Connections • Commercial Air Conditioning Unit installation or replacement • Elevator Permits (for new installation) • Water and Drainage Risers and Mains • Natural Gas and Liquified Petroleum In addition to the permit fee changes outlined above, staff has reviewed the administrative language in the ordinances and is recommending revisions to simplify the language, streamline processes, and clean up language that should have been removed in earlier edits to the ordinances. Following is a description of the pertinent administrative language that is being recommended for revision. • The Building Department ordinance already contains language providing the Building Official with discretion to fee a project without a clearly identified permit type. If there is no specific fee category directly matching a permit application request, the Building Official may find a like category and fee it under that, or determine that the City Commission Memorandum September 14, 2011 Building Development Process Fees Page 5 of 9 work will be charged based on the time dedicated for intake, plans review and inspection. For those permit applications where the Building Department is not a part of the plan review or inspection process, no such discretion exists for the Fire Marshal, Planning Director or Public Works Director. The Administration is proposing adding such language to the respective ordinances to provide the Fire Marshal, Planning Director or Public Works Director such discretion. • The Administration is also recommending that the fees to renew an expired permit also be revised to incent compliance with the Florida Building Code. Currently, the language allows for a credit of 50% of the original permit fee for a renewal permit (defined as a same project involving the same plans) for reapplications made within 180 days of the expiration date of the original permit. It is proposed that a fee of 25% of the original permit fee (effectively a 75% credit) plus a $57 processing fee be charged. For projects that have expired permits over 180 days, the existing regulations require a full payment of the original fee to reapply. Staff is recommending that for these projects, a fee 25% of the original permit fee (also a 75% credit) plus 20% of the new permit fee is charged. • Currently, City projects are not paying permit fees until the project receives its certificate of occupancy or certificate of completion, as opposed to all other customers, who pay their permit fees at or prior to a permit being issued. Additionally, City projects are paying permit fees based on actual time for plans review and inspection processes, as opposed to the permit fee structure already created. This means that there is administrative staff time that has to be dedicated from both the Building Department and the builder department (i.e., CIP, Public Works, etc.) in order to reconcile the project at or after the time of completion, which is a tedious process. The Administration is recommending that City projects be treated like all other projects and pay at the time (or before) a permit being issued, and that the fees be calculated according to the adopted permit fee schedule. • The language in the Building Department ordinance relative to refunding permit fees is not clear. The Administration is recommending slight changes to the ordinance to clarify how permit fees are to be refunded. Finance and Citywide Projects Committee Presentation and Suggestions At the May 25, 2011 Finance and Citywide Projects Committee meeting, the Administration presented many of the concepts and discussion points included in this memorandum. Individual Commissioner briefings were held in preparation of this meeting. During those discussions and as reviewed at the May 25 meeting, there are some additional language changes that were proposed as well. At the May 25, 2011 Committee meeting, the Committee requested that the item be discussed at its June 23, 2011 meeting, with copies of the actual ordinances available for review and discussion. At the June 23, 2011 meeting, the Committee provided guidance on the following items: • As discussed above, when the current fee structure was adopted, there were some short -term decreases (discounts) built into the fee structure that were set to expire on September 30, 2011. However, given that the economy still has not quite recovered, and the concerns regarding the new permit fee structure, the Administration recommended that these short-term decreases be extended past September 30, 2011. The Committee recommended that the decreases remain in City Commission Memorandum September 14, 2011 Building Development Process Fees Page 6 of 9 place until at least September 30, 2012, with another discussion to take place with the Committee in a year to determine if the decreases should sunset at that point or not. • One suggestion was that language be added to the respective ordinances so that permit fees are re- evaluated every so often (for example, every 3 years) to determine if they are still in line with the surrounding jurisdictions and commonly accepted cost estimating practices. The draft ordinances include such language. However, the existing language also includes an annual adjustment of fees based on the Consumer Product Index (CPI). The Administration is recommending that the CPI adjustments for 2011 and 2012 be waived, given the current discussion. The Committee requested that the CPI language remain in the ordinances, with the waivers through 2012. The Committee will review the situation in a year and determine if further waivers or other action is required at that time. • Lastly, it was suggested that the draft ordinances include a "trigger" whereby if permit fees exceeded more than a certain dollar amount and /or a certain percentage of the value of construction, the Building Official would be required to review the permit fees being charged. The Administration drafted language along these lines, which was included in the draft ordinances. If the permit fee (including all City department permit fees, but not including any outside agency fees or surcharges) calculated at time of permit application submittal is greater than ten percent (10 %) of the value of construction as declared on the permit application, the permit fee will be reevaluated by the Building Official or designee. However, for those permit applications where the value of construction is less than $1,000.00 or the permit fee is the minimum permit fee, no further evaluation shall be required and the fees calculated at the time of permit application shall stand. For those permits where there are no Building Department plan review or inspections required, this responsibility shall be delegated to the Department Director in the required review departments (Fire, Planning, Public Works), or their respective designees. The permit applicant shall pay the up -front processing fee while the permit fee is being reevaluated. The reevaluation shall consist of the respective City representative(s) using industry standard cost estimating resources (as determined solely by them) to determine the estimated construction value. Using that determined value, the permit fee shall not exceed ten percent (10 %) or the minimum permit fee identified for that type of work, as outlined in appendix A, whichever is greater. If the determined construction value cannot be determined by the above indicated resources, the actual level of effort for plan review and inspection shall be calculated and charged, but shall not exceed the originally calculated fee at time of permit application. Refunds, if required, shall be given for any payment over a final permit fee and subject to the provisions in the applicable sections of the City Code of Ordinances regarding permit fee refunds. The Committee suggested trying this methodology for a year's time and tracking the results. Feedback would be taken and a discussion of the re- evaluation would be discussed at the same time as the discounts and CPI to see if this methodology is the best practice or if further refinements are needed. City Commission Memorandum September 14, 2011 Building Development Process Fees Page 7 of 9 The Committee also requested individual briefings be offered to each Commissioner prior to the July 13, 2011 City Commission meeting so that the Administration may hear any concerns or questions the Commissioners may have prior to the public hearing. COMMISSION ACTION — FIRST READING The Mayor and Commission discussed the item at the first reading on July 13, 2011. There was concern by the Commission that the fees seem high and should be lower. The Administration responded that where the fees are being adjusted they are changing downward. The Administration further stated that JRD & Associates, is still in the process of reviewing some fees and will return in early 2012 to address other fees. Staff will revisit the fees again in the Spring of 2012 for the next budget cycle as directed by the Finance and Citywide Projects Committee. FISCAL IMPACTS OF PROPOSED REVISIONS At this time, it is unknown what the fiscal impact will be of the proposed changes discussed herein. It is assumed that the revenues collected from permit fees will decrease once the changes discussed herein are implemented, based on the following assumptions: • Permit activity remains level, • No fees are being increased, • Fees for certain types of permits are being decreased, and • The re- evaluation of permit fess exceeding ten percent (10 %) of the permit application value of construction may be lessened, but at this time it is uncertain how much those fees will be decreased. While the complete financial impact cannot be determined at this time, the Administration has performed some analysis in an effort to develop an estimate and have an understanding of the order of magnitude. Renewal Fees of Expired Permits The suggested fees dealing with renewals of expired permits have already been put into practice since October 1, 2010 under the discretion of the Building Official as provided for in Florida Statutes. The adoption of the attached ordinances would codify what already has been in practice. Renewal fees collected for the period October 1, 2009 to September 30, 2010 amounted to approximately $692,000. Renewal fees collected for the period October 1, 2010 to June 30, 2011 amounted to approximately $370,000, or annualized to $492,000. The reduction of renewal fees could be approximately $200,000 for the first year. Reduction of permit fees that exceed 10% of the permit application value. Staff ran a report of all permits issued for the period July 1, 2010 to June 30, 2011 which had permit fees exceeding 10% of the application value, excluding those permits where the value of construction is less than $1,000.00 or the permit fee is the minimum permit fee. The report resulted in approximately 2,000 permits (est. 18% of total permits) meeting these criteria. If the fees for these permits were reduced to an amount equal to 10% of the application values, the result would be a reduction of fees totaling to approximately $830,000. This assumes that the stated City Commission Memorandum September 14, 2011 Building Development Process Fees Page 8 of 9 value of work was accurate and no adjustments to the value of work were made that could have reduced the number of permits exceeding the threshold. Furthermore, with approximately 2,000 permits requiring reevaluation of work value to properly analyze the fees, the Building Department would have to dedicate • significant staff time to perform this task only. On average, this would require reevaluating work values and fees for approximately eight(8) permits per day. There are currently no resources in the department to apply toward this function. Moreover, the additional time it would take to conduct the reevaluation would significantly impact the turn - around time of plan review and permit issuance, thereby negatively affecting the department's level of service. Depending on resources, the department will perform the reevaluation analysis concurrently with the plan review process. If the permit is ready to be issued, but the analysis is not yet complete, the permit fee can be collected to avoid a delay and a refund can be issued at a later date if appropriate. However, this results in additional staff time to process the increased number of refunds. The department budget will need to be amended to hire an outside consultant to perform the construction cost estimating function, or a permanent position that could be shared with the Capital Improvement Department which also has a need for a construction cost estimating position. Given the significant potential impact on department revenue and resources, the Administration wanted to provide the Commission with additional data to consider, and explore the impact if the permit fee trigger is increased to fifteen percent (15 %) of the value of construction. The analysis resulted in approximately 1,200 permits (est. 11% of total permits) affected with an estimated revenue impact of $435,000. Estimated Permits % of Estimated Potential Estimated Affected 11,000 Total Permits Revenue Impact Renewal of Expired 600 5.5% $200,000 Permits 10% Trigger 2,000 18% $830,000 15% Trigger 1,200 11% $435,000 Initial financial impact analysis of the proposed fee reductions for expired permits and the 10% trigger alone indicate a reduction of permit revenue of approximately up to $1 million. The financial impact can only be roughly estimated as the exact number of permits and the types of permits that will be applied for in the future are unknown. As suggested by the Finance and Citywide Projects Committee, permit revenue and associated costs resulting from the passing of these ordinances can be tracked the, next 12 months and after one year, the actual financial impact can be evaluated, including the 10% trigger, and the appropriate next steps determined. However, preliminary figures can be presented to the Commission in early 2012 when the Administration anticipates discussing further amendments to the fee ordinances. It should be further stated that the General Fund continues to support Building Department operations. Costs have increased while revenue collections remain essentially at FY 2007/08 levels. Projected Building Department revenues, including the use of $1.5 million in Building reserves, for FY 2010/11 are $9 million, while expenses, including the overhead for administrative functions as described above, are projected at $11.5 million, resulting in the use of $2.5 in other General Fund revenues in support of the activities, an increase from $1.4 million in FY 2009/10. City Commission Memorandum September 14, 2011 Building Development Process Fees Page 9 of 9 Assuming that revenues do decrease under the proposed ordinance, and expenditure trends are stable, the Building Department operations will continue to require contributions from the General Fund and Building reserves. CONCLUSION The Administration recommends that the City Commission adopt the four ordinances amending various fees related to the Building Development Process in the City of Miami Beach on second and final reading on September 14, 2011 and revisit the 10% threshold after a year of experience to better understand the fiscal impact of this measure. JMG /KB /JGG /KT T:WGENDA\2011\9- 14- 11\Building Development Process Fees - memo.doc { V ' i I 1 I I 1 J f I _ I I I I I I I I li 1 - I _ I I ' 1 • 16NE I THURSDAY, AUGUST 25, 2011 NE MIAMI BEACH CITY OF MIAMI REACH NOTICE PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, September 14, 2011, to consider the following: 10:15 a.m. - j Ordinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Building Development Process Implemented On February 1, 2010: y' 1. Ordinance Amending Chapter 14 Of The City Of Miami Beach Code, Renaming Articles And Divisions; Amending Fees, Clarifying Administrative Processes And Their Respective Fees; Creating A Process For Reevaluating Permit Fees; Deleting Sections 14 -421 Through 14 -431, And 14 -466 Through 14 -698 In Their Entirety; And Amending Appendix A By Modifying Inspection Fees For Building, Plumbing,-Electrical, And Mechanical Work, And For Other Building Department Activities - 2. Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, By Amending Section 50 -3 `thereof, Entitled "Plans Examination, Inspection, Permits ", And Amending Appendix A, By Adding New Fees And Modifying The Fee Schedule For The Fire Department Revieiv Process. - • 3. Ordinance Amending Chapter 15 Of The City Of Miami Beach Code, Article II, Entitled "Zoning Review Fee Associated With The Building Process ", By Amending 15 -31 And Adding New Sections 15 -38 Through_15 -43, Thereof; And Amending Appendix A, Adding New Fees And Modifying The Fee Schedule For Zoning Review Associated With The Building Process _ 4. Ordinance Amending Chapter 98 Of The City Of Miami Beach Code, Article III, Division 2, Section 98 -92, Entitled "Application; Amount Of Deposit; Use Of Deposit To Replace Surface; Permit Fees," By Amending Subsection (E), Adding Subsections (F) Through (I); Amending Section 98 -94, Entitled "Refunds "; And Amending Appendix A By Adding New Fees And Modifying The Fee Schedule For Public Works Review Associated With The Building Process. Inquiries may be directed to the City Manager's Office (305) 673 -7010 ; 10:20 a.m. Ordinance Amending Chapter 110 Of The City Code, Entitled "Utilities," By Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure," By Amending Division. 3, Entitled "Billing Procedure," By Amending Section 110 -191, Entitled "Payment Of Bills," By Amending 110- 191(B) By Changing The Due Date For Utility Bills To 21 Days From 15 Days From The Date Of The Bill. Inquiries may be directed to the Finance Department (305) 673 -7466 ' 10:30 a.m. Ordinance Of The Mayor And City Commission Of The City of Miami Beach, Florida, Amending Chapter 46 Of The Miami City Code Entitled " Environment," By Amending Article IV Entitled "Noise" By Amending Section 46 -151, Entitled "Definitions," By Amending The Definition of Habitual To Conform To the Habitual Offender Language Set Forth In Subsections 46- 159(a) (6) and (h), By Amending Section 46 -152, Entitled "Adoption Of County Code Section by Reference; Unnecessary And Excessivk Noises Prohibited," To Adopt The County's Noise Standards In Section 46 -152; By Amending Section 46;158, Entitled"Enforcement By Code Inspectors; Notice of Violation, Wamings; Responsibility To Provide Current Address," To Remove Certain Language In Subsection (b)(2)That Is No Longer Relevant Due To The -Passage Of Time; By Amending Section 46 -159 Entitled "Fines and Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The Habitual Offender Language In Subsection (h) To The Provision In Sections 46 -151 And 46- 158(a)(6). Inquiries may be directed to the City Manager's Office (305) 673 -7010 10:40 a.m. Ordinance Amending The Land Development Regulations 01 The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off Street Parking ", Article li, "District Requirements ", By Amending Section 130 -31, "Parking Districts Established ", To Expand The Boundaries Of The Existing Parking - Districts; By Amending Section 130 -33, "Off- Street Parking Requirements For Parking Districts Nos. 2, 3 And 4," Jo Amend Regulations Pertaining To Parking Districts 2, -3, And 4;And By Amending Article V, "Fee In Lieu Of Parking Program," Section 130 -132, "Fee Calculation ", Reducing The Yearly Fee In Lieu Of Parking From The Current Three Percent Of The One -Time PaymentTo A Lesser Percentage. Inquiries may be directed to the Parking Department (305) 673 -7275 INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views in writing addressed to the City Commission do the City Clerk, 1700 Convention Center Drilk,1"' Floor, City Hall, Miami Beach, Florida 33139. Any of these items may be opened and continued and_under such circumstances additional legal notice would not be provided. Robert E. Percher, City Clerk City of Miami Beach Pursuant to Section 286.0105, FL Statutes, the City .hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction ,or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. ; In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673 -7411, no '- later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers, (800) 955 -8771 (TTY) or (800) 955 -8770 (VOICE). ' # 662