2012-27982 Resoi
RESOLUTION NO. 2012-27982
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
URGING THE FLORIDA BUILDING COMMISSION TO
ADOPT AN AMENDMENT TO THE FLORIDA BUILDING
CODE GIVING ALL MUNICIPALITIES THE AUTHORITY
TO WAIVE THE MANDATED DOUBLE PERMIT FEE FOR
WORK PERFORMED WITHOUT A PERMIT, SUBJECT TO
THE BUILDING OFFICIAL'S DISCRETION WHERE
EQUITABLE CIRCUMSTANCES ARE PRESENTED.
WHEREAS, the mandated double permit fee for work performed without a permit can be
too punitive and a hardship for single family residences as well as large projects, where work has
been performed through advertent mistake or discovered by innocent purchasers of property; and
WHEREAS,the City wishes to encourage property owners to come forward and voluntarily
request after-the-fact permits and to encourage compliance with the Florida Building Code; and
WHEREAS,in certain equitable circumstances,determined on a case-by-case basis,it is in
the best interest of the local municipality to waive the double fee in order to encourage compliance;
and
WHEREAS,accordingly,the Mayor and City Commission would recommend and urge that
the Florida Building Commission adopt an amendment to the Florida Building Code giving all
municipalities the authority to waive the mandated double permit fee for work performed without a
permit, subject to the Building Official's discretion where equitable circumstances are presented.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the Florida Building Commission to adopt an amendment to the Florida
Building Code giving all municipalities the authority to waive the mandated double permit fee for
work performed without a permit, subject to the Building Official's discretion where equitable
circumstances are presented.
PASSED and ADOPTED this o? da y of , kr, 2012.
MA R
ATTEST:
CIA C ,y
APPROVED AS TO
FORM &LANGUAGE
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FOR E UTION
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Urging The Florida Building
Commission To Adopt An Amendment To The Florida Building Code Giving All Municipalities The Authority To Waive
The Mandated Double Permit Fee For Work Performed Without A Permit, Subject To The Building Official's
Discretion Where Equitable Circumstances Are Presented.
Key Intended Outcome Supported:
Improve Building Development Process.
Supporting Data(Surveys, Environmental Scan,etc.): In the 2012 Community Satisfaction survey,which
covered the period of 2009 through February 2012,47%of businesses described their experience with the Building
Department as positive, and 58% gave a positive evaluation of the department for overall satisfaction. 54% of
businesses perceived the Building Department as being open to hearing their concerns.50%of businesses thought
the Building Department's inspections were consistent over time or believed that the inspections were fair.Seven in
ten businesses rated Building Department employees as courteous and professional and the same percentage
thought employees had proper training and knowledge.
Issue:
Shall the Mayor and City Commission approve the resolution urging the Florida Building Commission to amend the
Florida Building Code to give municipalities the authority to waive mandated double permit fees for work without a
permit, subject to the Building Official's discretion where equitable circumstances are resented?
Item Summa /Recommendation:
The Florida Building Code Sec.108.4 currently states that where any work is commenced before obtaining a building
permit,there shall be an assessment of a penalty of 100 percent of the usual permit fee in addition to the required
permit fees. Since the Florida Building Code is the mandated state building code,municipalities are prohibited from
amending the Code. A variation of a mandatory provision of the Code would require an amendment of the Code. In
order for the City to encourage property owners to come forward on their own(before a building violation is issued)to
obtain an after-the-fact permit,the Land Use and Development Committee recommended that the City Commission
adopt a resolution urging the Florida Building Commission to amend the Code giving municipalities some discretion
on the mandatory penalty in certain equitable circumstances to encourage compliance. Members of the Land Use
and Development Committee noted that the cost associated with the penalties of the double fee were sometimes
cost prohibitive to owners of single family residences as well as small commercial properties.
Advisory Board Recommendation:
At its July 25, 2012 meeting, the Land Use and Development Committee recommended that the City
Commission urge the Florida Building Commission to amend the Florida Building Code to give municipalities the
authority to waive mandated double permit fees for work without a permit
Financial Information:
Source of Amount Account
Funds: 1
2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Stephen Scott, Building Director
Sign-Offs:
Department Director As istant City Madafaer City, nager
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MIAMIBEACH /AGENDA ITEM G 7 l 7- _
DATE /� /2
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
I
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager -
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA BUILDING
COMMISSION TO ADOPT AN AMENDMENT TO THE FLORIDA BUILDING
CODE GIVING ALL MUNICIPALITIES THE AUTHORITY TO WAIVE THE
MANDATED DOUBLE PERMIT FEE FOR WORK PERFORMED WITHOUT A
PERMIT, SUBJECT TO THE BUILDING OFFICIAL'S DISCRETION WHERE
EQUITABLE CIRCUMSTANCES ARE PRESENTED.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as described.
ANALYSIS
The Florida Building Code Sec. 108.4 currently states that where any work is commenced before
obtaining a building permit, there shall be an assessment of a penalty of 100 percent of the usual
permit fee in addition to the required permit fees. Since the Florida Building Code is the mandated
state building code, municipalities are prohibited from amending the Code. A variation of a
mandatory provision of the Code would require an amendment of the Code. In order for the City to
encourage property owners to come forward on their own (before a building violation is issued)to
obtain an after-the-fact permit, the Land Use and Development Committee recommended that the
City Commission adopt a resolution urging the Florida Building Commission to amend the Code
giving municipalities some discretion on the mandatory penalty in certain equitable circumstances to
encourage compliance. Members of the Land Use and Development Committee noted that the cost
associated with the penalties of the double fee were sometimes cost prohibitive to owners of single
family residences as well as small commercial properties.
CONCLUSION
Adopt the Resolution.
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