2011-3735 Ordinance ORDINANCE NO. 2011 -3735
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, 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; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010-
3673, 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. Chapter 98, "Streets and Sidewalks," Article III, "Excavations," Division 2,
"Permit," of the City Code is hereby amended to read as follows:
* * * * *
Sec. 98 -92. Application; amount of deposit; use of deposit to replace surface; permit fee.
* * * * *
(e) A surcharge to building permits in the amount(s) set forth in appendix A will be added
by the public works department for construction activities which may impact city -owned
property, rights -of -way, or easements. The surcharge collected will cover processing,
plans review, and inspection services rendered by the department. The surcharge rate in
appendix A will be administratively adjusted annually to reflect increases or decreases 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 adiustment set to take place in February 2012 shall be waived, finding
such waiver to be in the best interest of the City and of the public.
(f) Permits for work not identified in appendix A. If it is determined that no specific fee
category directly matches a permit application request, the public works director 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 public
works director may require an upfront fee and a deposit to cover the estimated cost of
the services to be provided.
(q) Expired Permits. 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 re- opening 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).
(h) 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.
(i) Expedited Plans Review and Inspection Fee
Upon request from the applicant, the department may schedule an expedited plans
review or inspection, on an overtime basis by city staff. When such service is provided,
the applicant will reimburse the city for the cost of the city employee(s), in addition to the
regular permit and other applicable fees.
* * * * *
Sec. 98 -94. - Refunds.
e: e = -- =- :e e: --_e: a -=
9.9e - . - - ■- -e
-
The fees charged pursuant to this Code, may be refunded by the public works director
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 department.
(2) A full refund shall be qranted 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 writinq, provided that a permit has not
been issued.
A full refund less $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.
* * * * *
Section 2. That Appendix A of the City Code is hereby amended to read as follows:
* * * * *
Section Doccrition Amount Discounted
this Code Description (Effective Amount
Oct. 1, (Effective €ems
20112012) 1, 2010 Oct. 1,
2011 through
Sept. 30,
20112012)
* * * * *
98 -92(c) (8) Driveway construction permit, each 283.00 125.00
driveway
* * * * *
(14) After - the -fact permit fee. For any work
described in (1) through (1 -912), (16) and
(17) herein, performed without proper
permits and inspections, quadruple the
above -fees.
increase
* * * * *
(17) Blocking of right -of -way (Cranes only) s 953.00 953.00
$0.25 per L.F. per day plus right of way
nor day) Note: For Arterial Roadways, full
day permit is defined as six hours between
9:00 AM and 3:00 PM
Standard Review (Full Day Permit)
• Local Road 309.00 309.00
• Collector Road 412.00 412.00
• Arterial Road 515.00 515.00
Priority Review (Same Day Permit Review)
• Local Road 370.80 370.80
• Collector Road 494.40 494.40
• Arterial Road 618.00 618.00
Consecutive multi -day additional fee (per 53.00 53.00
day)
Partial Day Permit (4 hours or less)
• Local Road 154.00 154.00
• Collector Road 20 0 6 6 . ( 0 ( 206
0 206.00
• - • - - - - - •e- e - - - • - - - 2 V V3.00 953.00
- !. • e: e: - - • - - -
Blocking Right of Way (all others): the
greater of $0.25 per L.F. per day or $0.03
•er S.F. •er da
* * * * *
(19) e =• - •= = -- =-•= --e
Llal Coastal review 1,030.00 886.00
(20) Sewer capacity certification letter application 154.00 150.00
e =• •- •= = =• - -- - - -• =-
=-- _ - -__ -_::_ ': _ ••• 77.00 77.00
* * * * *
98 -92(e) e : e • :e - - • - = • •• - = -
program.
* * * * *
Enforcement of City Code related to building
permits - Specialty and stand alone permits
_ -_ -: _' -- _ _ -•• _ -: _e-ee 524)0 19.00
., _ •• • •, a -e- e- 42.00 33.00
Railings 26.00 26.00
Land scaping resi dential) 26.00 17.00
Landscaping(commercial)Up to 250 Sq.ft. 77.00 59.00
Landscaping (commercial)Lot size up to 77.00 66.00
10,000 sq.ft.
Landscaping (commercial) Lot size greater 77.00 72.00
than 10,000 sq.ft.
Communication Equipment Enclosure 26.00 26.00
Swimming pools
* * * * *
2-6.00 11.00
x-00 25.00
* * * * *
Temporary and special event fees
* * * * *
X6-00 2600
- e - e • - - e: 2-6-00 26490
r
Construction per trailer 26.00 26.00
Office tr per trailer 26.00 26.00
* * * * *
2-640 2-3400
* * * * *
Awning, canopies and residential patio
covers:
• Single Family Home -1 to 30 sg. ft. 10.00 10.00
New All Other Occupancies 1 -30 sg. ft. 26.00 25.00
• Carport Awning, 25.00 25.00
- - � - e e - - e e e - - 26,00
Enforcement of City Code related to
electrical permit fees:
Charging Stations(Commercial) 232.00 232.00
Enforcement of City Code related to
plumbing permit fees:
- --e •• 13.00 13.00
dryere, etc.
43.00 3200
13.00 43,00
- -- - - - =- - == - - =• -_- -_ :_ •- 43.00 17.00
* * * * *
-00 11.00
Plumbing permits —Stand alone
Drainage or connections:
• - - - - : _ - - - 26-00 25,00
26-00 25.00
* * * * *
Sub -meter with backflow Protection system- 43.00 35.00
Up to 5 units
* * * * *
- = • =- = = e - - =•• :• = =- •
-- 26,00 25.00
Enforcement of City Code related to
mechanical permit fees:
AC unit new: Residential
* * * * *
- each unit ovor 5 52.00 38:00
* * * * *
_ .._ 26,00 15.00
2-00 25.00
AC window roplacemont ovor 12,000 BTU, 26.00 11.00
it
-== ••= : - == - - =.. =• • •,- 26.00 25.00
_ •• = :e - - =.._. • -:- - -- - - = 26,00 26-00
* * * * *
.?oil- 3735
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.
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.
PASSED and ADOPTED on first reading this 13th day of July , 2011.
PASSED and ADOPTED on second reading this 14th day of September
2011.
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11109/,.# I
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Mayor
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ATTEST: I INCORPORATED•` * 1
(AAA Pa A
City Clerk N
Letters or numbers that are are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
APPROVED AS TO
FORM & LANGUAGE
T:\AGENDA\2011 \7 -13 -11 \Building Development Process Fees \Public Works Ordinance Strik&tIFFIRhAECUTION
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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 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. •
• ordinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Building
Development Process Implemented On February 1, 2010:
I. 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 Revieuv 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 Arid 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 110-1,91(B) By Ch Th Due Date For Utili1 , Rills To 21 rave From 15 r
- 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 Chapter46 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, 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
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 Of The Code Of The City Of Miami Beach, By Amending
Chapter 130, "Off Street Parking ", Article ii, "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," To 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 Payment To 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 Drive, 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. 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
•