2011-3733 Ordinance i
ORDINANCE NO. 2011 -3733
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF MIAMI BEACH, FLORIDA, 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 REVIEW PROCESS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No.
2010 -3671, 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 50, Section 50 -3 of the City Code is hereby amended to
read as follows:
* * * * *
Sec. 50 -3. Plans examination, inspections, permits
* * * * *
(m) Refunds, time limitations, cancellation, change of contractor. The fees charged
pursuant to this Code, may be refunded by the fire marshal 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 fire marshal or building official; 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 fire department.
(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 Tess $100.00 or the upfront 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 a validated copy of the permit be submitted with such request; and
c. That no work, as evidenced by any recorded inspection, has commenced
under such permit.
* * * * *
(6) -- - _ -- •• - -- -- -- - - e*: - -• - , - ' ._
dela^r* t, a crcdit of 50 percent of the original permit fee covering the
__ - • - - . - • -
section. The reapplication must bc submitted with the plans and the
bc, at least, equal to or higher than the minimum fee for the trade
senserned.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).
* * * * *
cc [Adjusted rates.] The rates in appendix A pertaining to this section will be
administratively adjusted annually to reflect increase(s) or decrease(s) in
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 adiustments 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.
�1
(dd) 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.
fee) Permits for work not identified in appendix A. If it is determined that no specific
fee category directly matches a permit application request, the fire marshal may
identify a category that closely matches the level of effort or determine what the
work will be charged at based on the time dedicated for plans review and
inspection. The fire marshal may require an upfront fee and a deposit to cover
the estimated cost of the services to be provided.
* * * * *
SECTION 2. That Appendix A of the City Code is hereby amended to read as
follows:
* * * * *
Section Amount Discounted
this Code Description (Effective Amount
Oct. 1, (Effective
20112012) Feb. 1, 2010
Oct. 1. 2011
through
Sept. 30,
20112012
* * * * *
50 -3(p) Building permits: Specialty permits
Kitchen /bath/fleecing
* * * * *
Communication Equipment Enclosure
• without transfer switch and receptacle 72.00 72.00
• with transfer switch and receptacle 72.00 72.00
Railings
• 0 to 100 feet 72.00 72.00
• 101 to 500 feet 72.00 72.00
• 501 to 1 000 feet 167.00 167.00
• Above 1000 feet 167.00 167.00
* * * * *
Marine permits
Docks: Commercial
* * * * *
101 and above -500 square feet 24.00 24.00
-- .. - -- - - - -- - -_ _ - _ 24 0
Landscaping(commercial) Up to 250 Square 72.00 55.00
Feet
Landscaping(Commercial)Lot Size Up To 95.00 82.00
10.000 Square Feet
Landscaping(Commercial)Lot Size Greater 95.00 89.00
Than 10,000 Square Feet
50 -3(p) Building: Temporary /special events permits
Temporary StructurefTrusses /Statues(not 71.00 71.00
including tents, platforms or bleachers)
* * * * *
- - - - , - - - - - • - - - = 191.00 49040
Construction trailer •er trailer 135.00 135.00
Office t railer, per trailer 13 135.00
50 -3(p) Building trade permits
Building Minor work including interior doors; 95.00 95.00
repairs; etc.
Windows, exterior doors, shutters, fixed
glass or storefronts: New installation or
replacement
• 1 unit 23.00 23.00
• 42 -10 units 7940 68.00
46.00 46.00
• 11 -30 units 95.00 9540
66.00
* * * * *
Paving /Wood Deck •er 1,000 s• uare feet 55.00 12.00
Fences and /or walls
Multifamily, commercial and industrial
buildings
• For first 75 linear feet 111.00 59.00
2440 2:09
•
Awnings, canopies, new or replacement
,(Commercial
* * * * *
Mechanical trade permits
AC unit new: Commercial, per unit 24-80 22700
• Under 2,000 CFM 24.00 22.00
• Over 2 CFM 24.00 22.00
Cooling tower replacement with or without 24.00 22.00
structural work
* * * * *
- - _ - • - - - - - , - - - - ' 4-43.00 113.00
Elevator Recall
• Base 129.00 129.00
•Per Floor 25.00
50 -3(q) Fire permits
* * * * *
Standpipe Systems Only (no sprinkler 382.00 241.00
system) per 100 feet
* * * * *
Minor work on existing sprinkler system (1 400,00 100.00
com onents) 64.00
Minor work on existing sprinkler system (6 -15 382.00 201.00
components)
Replace Sprinkler Heads(More than 15)
• Up to 2,500 square feet 167.00 167.00
12, 50 1 to 3,000 square feet 191.00 191.00
• 3,001 to 5,000 square feet 239.00, 239.00
5 001 to 10.000 square feet 286.00 286.00
• 10,001 to 15,000 square feet 334.00 334.00
• 15,001 to 30,000 square feet 477.00 477.00
• 30,001 to 75,000 square feet 1,050.00 1
• 75,001 to 100,000 square feet 1,527.00 1 527.00
• 100,001 and up square feet 2,243.00 2,243.00
* * * * *
• Repair & replace Fire Alarm Panel Onl
Up to 2,500 76.00 76.00
2 , 501 -3, 000 76.00 76.00
3 001 -5000 91.00 91.00
5, 001 -10, 000 105.00 105.00
10, 001 -15, 000 105.00 105.00
15, 001 -30, 000 134.00 134.00
30, 001- 75,000 191.00 191.00
75, 001- 100, 000 391.00 391.00
100, 001- 150, 000 458.00 458.00
150,001- 500,000 1 422.00 1 422.00
Over 500,000 1 651.00 1,651.00
* * * * *
Minor work on existing fire alarm system (1 -5 75.00 754)0
components) 95.00 39.00
Minor work on existing fire alarm system (6- 315.00 194.00
15 components)
50 -3(q) Fire suppression' system. Localized 238.00 238.00
suppression system (cooking hood, paint
booth, etc.), per unit or system. Multiple
systems in same area (i.e. kitchen) will be
charged at 50% of above fee for each
additional system
* * * * *
Minor Work on Existing Fire Suppression 172.00 55.00
S ste5 components
* * * * *
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. 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 5. 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 to accomplish such intention, and the word "ordinance" may be
changed to "section ", "article ", or other appropriate word.
J I
Oat-5733
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the 1 day of October 2011, which is at least ten (10)
days after adoption.
Y P
PASSED and ADOPTED on first reading this 13th day of
July , 2011.
PASSED and ADOPTED on second reading this 14th day of
September , 2011.
........... C� Mayor
ATTEST: i °
C dl y / *
City Clerk
4■2 .....
;-/ 26
Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
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16NE I THURSDAY, AUGUST 25, 2011 NE
MIAMI BEACH
CITY OF MIAMI BEACH -
NOTICE PUBLIC HEARINGS .
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and Gill/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. .
•^ordinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Building
Development Process Implemented On February 1, 2010:
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 .
_Y; 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 Revievv 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 (1); 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 N, Entitled "Fees, Charges,
Rates And Billing Procedure," By Amending Division 3, Entitled "Billing Procedure," By Amending Section 110 -191,
E "P 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 I
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
Excessigb 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, Warnings; 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
:'labitual 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 Of The Gode Of The City Of Miami Beach, By Amending
Chapter 130, "Off Street Parking ", Article 8, "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, "I° 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 c/o the City Clerk, 1700 Convention Center O n * , 1st 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. Parcher, 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). - AD # 662