2015-3943 Ordinance ORDINANCE NO. 2015-3943
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SECTION 114-4 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTION (12) PROVIDING THAT NO BUILDING PERMIT OR BOARD
ORDER SHALL BE ISSUED FOR ANY LOT OR SITE WITH A BUILDING
PERMIT VALUED AT $250,000 OR MORE WITHOUT A CONSTRUCTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING DIRECTOR PURSUANT TO CHAPTER 106, ARTICLE II,
DIVISION 3, ENTITLED "CONSTRUCTION MANAGEMENT PLAN"; AND
MODIFYING CHAPTER 130, ARTICLE IV ENTITLED "FEE IN LIEU OF
PARKING" BY AMENDING SECTION 130-134, ENTITLED "DEPOSIT OF
FUNDS/ACCOUNT"; BY AUTHORIZING THE PLACEMENT OF THE FINES
OR PENALTIES COLLECTED FROM ENFORCEMENT OF CHAPTER 106
CPTMP, INTO THIS ACCOUNT TO BE UTILIZED FOR THE PURPOSES
PROVIDED THEREIN; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code at Chapter 106, entitled "Traffic and Vehicles," regulates all
matters relating to traffic and vehicles within the City of Miami Beach; and
WHEREAS, there exists in areas of the City, heavy concentration of construction activity
and related construction employee vehicles that park for extended periods usurping parking
availability all day; congregating at various points; and committing offenses against the peace
and dignity of the City and the residents thereof; and
WHEREAS, the presence of these vehicles cause vehicular traffic congestion on
commercial and residential streets, impede the movement of traffic, and unduly restrict access
to patrons and visitors to commercial areas and residents and their visitors to their homes; and
WHEREAS, such vehicular congestion creates polluted air, excessive noise, trash and
refuse; and
WHEREAS, that the conditions and impacts mentioned above reduces parking
availability and creates blighted or deteriorated residential areas; and
WHEREAS, the City has established under Chapter 106 of the Code, at Article II,
Division 3, a requirement of a Construction Management Plan for traffic and parking to preserve
the resident quality of life and character of residential neighborhoods, preserve property values,
and preserve the safety of children and other pedestrians; and
WHEREAS, to ensure that no building permit issues or development order proceeds
without the required Construction Management Plan, for those premises seeking a permit
valued over $250,000, Chapter 114, of the Land Development Regulations is being amended to
reflect the requirement of having a Construction Management Plan, as a condition precedent to
obtaining the applicable permits; and
WHEREAS, the fines or penalties received pursuant to a violation of Chapter 106, Article
II, Division 3, shall be accounted for and placed in the fee in lieu of parking fund, designated as
funds derived from Chapter 106 enforcement, and used as provided under Chapter 130, Article
V; and
WHEREAS, the proposed modification to Chapter 114 and Chapter 130 of the City Code
are necessary to accomplish the above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 114, "General Provisions," at Section 114-4, entitled "Compliance with
Regulations Required;" and Chapter 130, "Off Street Parking" at Article V, entitled "Fee in Lieu
of Providing Parking" are hereby amended as follows:
* * *
CHAPTER 114—GENERAL PROVISIONS
* * *
Section 114-4 Compliance with Regulations Required.
Except as provided in these land development regulations:
* * *
(11) No building permit shall be issued for any lot or site that does not meet the
requirements of the definition of lot as stated in this subpart.
(12) No building permit or board order shall be issued for any lot or site with a
building permit valued at $250,000 or more without a Construction Parking And
Traffic Management Plan approved by the Parking Director pursuant to Chapter
106 Article I I Division 3 entitled "Construction Mana•ement Plan."
Sec. 130-134. - Deposit of funds; account.
(a) Funds generated by the fee-in-lieu program pursuant to subsections 130-132(a) and (b)
above, collected prior to March 20, 2010, shall be deposited in a city account (divided into three
districts, for north, middle and south) specifically established to provide parking and related
improvements in the vicinity (within the north, middle or south district, as applicable) of the
subject property. Expenditures from these funds shall require city commission approval.
(b) Funds generated by the fee-in-lieu program pursuant to subsection 130-132(a) and (b)
above, collected after March 20, 2010, shall be deposited in a city account (divided into three
districts, for north, middle and south) specifically established to provide parking, transportation
and mobility related improvements and programs in the vicinity (within the north, middle and
south district, as applicable) of the subject property. Expenditures from these funds shall require
city commission approval.
(c) Such parking, transportation and mobility related improvements and programs may
include:
(1) Parking garages and related facilities.
(2) Transit capital funding:
a. Purchase of buses for circulator routes.
b. Bus shelters.
c. Transit infrastructure.
(3) Traffic improvements:
a. Traffic signals.
b. Signal timing operations.
c. Lane modifications.
(4) Bicycle facilities:
a. Bicycle lanes and paths.
b. Bicycle racks and storage.
(5) Intelligent transportation systems:
a. Electronic message boards.
(6) Pedestrian improvements:
a. Crosswalks.
b. Traffic signals.
(7) Pedestrian facilities:
a. Beachwalk.
b. Baywalk.
(8) Other parking, transportation and mobility related capital projects as may be
specifically approved by the city commission.
(9) In addition, transit operational funding for newly introduced transportation
enhancements and program expansions (limited to operational, non-administrative
costs only, i.e., drivers, fuel, maintenance and insurance) may be included if
expressly approved by the city commission.
(d) The planning department shall maintain a map which includes a listing of the north,
middle and south districts and accounts.
(e) Any fines or penalties collected pursuant to Chapter 106, Article II, Division 3, Entitled
"Construction Management Plan," after administrative expenses shall be placed in the Fee in
Lieu of Providing Parking account_, and credited to reflected as being paid by_the o py
art -
responsible for the fine or penalty: and utilized expended by the City as provided under
subsection (c), above.
* * *
SECTION 2. 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 re-lettered
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
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, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
F
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /o day of Junk , 20151
Philip Levi, , e r
ATTEST: r
Raf.el E. Granado, City erk f ..„,
I ..',»� .'•.� �� APPROVED AS TO
:;� ,ft := ; FORM AND LANGUAGE
INCORP ORATED
: 3 & FO EXECUTION g 9
7. ,s,' i<ol
•cV/S),;,.........---' .)\1 City t orney Date
First Reading: May 6, 2015 441/1 6." .�'
Second Reading: une 10, 20 i
Verified by:
Thomas R. Mooney, AIC''
Planning Director
Underscore denotes new language
denotes deleted language
(Sponsored by Commissioner Michael Grieco)
T:\AGENDA\2015\May\Parking Plan Construction Workers-First Reading ORD.docx
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to adopt an Ordinance Amendment to require that no building permit or board order
shall be issued for any lot or site with a building permit valued at $250,000 or more without a
construction parking and traffic management plan (CPTMP) approved by the Parking Director
pursuant to Chapter 106 and to authorize the placement of the fines or penalties. collected from
enforcement of Chapter 106 CPTMP's, into the Fee in Lieu of Providing Parking account.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance is a companion to an amendment adopted by the City Commission on
February 11, 2015, that requires a construction parking plan as part of the building permit process.
The proposed Ordinance incorporates this requirement into the Land Development Regulations. It
also provides that any fines collected under the parking plan for construction workers/staging are
properly accounted for under the Fee in Lieu of Parking Program account.
On May 6, 2015 the City Commission 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
set a Second Reading Public Hearing for June 10, 2015.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On March 24, 2015 the Planning Board recommended approval of the subject Ordinance by a vote
of 5 to 0 (Planning Board File No. 2243).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
epartme t Direct r , Assistant City Manager City Manager
1 111131
/
T:\AGENDA\2015\June\Parking Plan Construction Workers-Second Reading SUM.iio x
AGENDA ITEM R S D
e IA ' BE H
DATE �.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City C��� mission
r_
FROM: Jimmy L. Morales, City Manager �-
DATE: June 10, 2015 SECOND READING
SUBJECT: Parking Plan for Construction Wo kers
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SECTION 114-4 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTION (12) PROVIDING THAT NO BUILDING PERMIT OR BOARD
ORDER SHALL BE ISSUED FOR ANY LOT OR SITE WITH A BUILDING
PERMIT VALUED AT $250,000 OR MORE WITHOUT A CONSTRUCTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING DIRECTOR PURSUANT TO CHAPTER 106, ARTICLE II,
DIVISION 3, ENTITLED "CONSTRUCTION MANAGEMENT PLAN"; AND
MODIFYING CHAPTER 130, ARTICLE IV ENTITLED "FEE IN LIEU OF
PARKING" BY AMENDING SECTION 130-134, ENTITLED "DEPOSIT OF
FUNDS/ACCOUNT"; BY AUTHORIZING THE PLACEMENT OF THE FINES
OR PENALTIES COLLECTED FROM ENFORCEMENT OF CHAPTER 106
CPTMP, INTO THIS ACCOUNT TO BE UTILIZED FOR THE PURPOSES
PROVIDED THEREIN; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 11, 2015, at the request of Commissioner Michael Grieco, the City
Commission referred an Ordinance Amendment to the Planning Board and to the Land
Use and Development Committee (Item C4H), regarding required parking plans for
construction projects.
ANALYSIS
On February 11, 2015, the City Commission adopted an amendment to Chapter 106 of
the City Code, in order to require a construction parking plan as part of the building
permit process.
The subject Ordinance is a companion to the Chapter 106 amendment, requiring a
Commission Memorandum
Parking Plan for Construction Workers
June 10, 2015 Page 2 of 2
parking plan for construction projects. In this regard, sections 114-4 and 130-34 are
proposed to be amended, as more specifically noted in the attached Ordinance. The
ordinance modifications ensure that any fines collected under the parking plan for
construction workers/staging are properly accounted for under the Fee in Lieu of Parking
Program account.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
On May 6, 2015, the City approved the Ordinance at First Reading and set a Second
Reading Public Hearing for June 10, 2015.
CONCLUSION •
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\2015\June\Parking Plan Construction Workers-Second Reading MEM.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SUBPART A— GENERAL ORDINANCES, CHAPTER
106 "TRAFFIC AND VEHICLES", AT ARTICLE I, DIVISION 1 ENTITLED
"GENERALLY",TO CLARIFY THAT A PARKING ENFORCEMENT SPECIALIST MAY
ISSUE CODE COMPLIANCE VIOLATIONS UNDER SECTION 106-116 THROUGH
106-126, WITH ENFORCEMENT THROUGH THE SPECIAL MASTER; AND AT
ARTICLE II ENTITLED "METERED PARKING; CREATING DIVISION 3 ENTITLED "-
CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN"; AND CREATING •
SECTIONS 106-116 THROUGH 106-130; PROVIDING FOR LEGISLATIVE INTENT;
DEFINITIONS; CREATING A REQUIREMENT THAT ALL CONTRACTORS PROVIDE
TRAFFIC PLAN TO THE BUILDING AND PARKING DEPARTMENT(S) PRIOR TO
OBTAINING A BUILDING OR GRADING AND SHORING PERMIT FOR ALL
PROJECTS OVER A CERTAIN CONSTRUCTION THRESHOLD; TO ENSURE THAT
ALL EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS ARE PART OF A
TRAFFIC MANAGEMENT AND PARKING PLAN FOR PARKING OF VEHICLES;
PROVIDING FOR PENALTIES, ENFORCEMENT PROCEDURES AND APPEALS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the City Code at Chapter 106, entitled "Traffic and VehicIes," regulates all matters
relating to traffic and vehicles within the City of Miami Beach; and
WHEREAS, There exists in areas of the City, heavy concentration of construction activity and
related construction employee vehicles that park for extended periods usurping parking availability all
day; congregating at various points; and committing offenses against the peace and dignity of the City
and the residents thereof; and
WHEREAS,the presence of these vehicles cause vehicular traffic congestion on commercial and
residential streets, impede the movement of traffic, and unduly restrict access to patrons and visitors to
commercial areas and residents and their visitors to their homes; and
WHEREAS, such vehicular congestion creates polluted air, excessive noise, trash and refuse;
and
WHEREAS, that the conditions and impacts mentioned above reduces parking availability and
creates blighted or deteriorated residential areas; and
WHEREAS, the establishment of a requirement of a Construction Management Plan for traffic
and parking to preserve the resident quality of Iife and character of residential neighborhoods, preserve
property values, and preserve the safety of children and other pedestrians; and
WHEREAS, to ensure that the definitions are clear, concise, and for facility of use to the
community and,
WHEREAS, the proposed modification to the Chapter 106 of the City Code are necessary to
accomplish the above objectives.
NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
•
SECTION 1. Chapter 106, "Traffic and Vehicles," Article I, at Division 1 entitled "Generally," is hereby
amended; and Article II entitled, "Metered Parking," is amended to create Division 3, entitled
"Construction Parking And Traffic Management Plan" as follows:
* * *
CHAPTER 106 TRAFFIC AND VEHICLES
* * *
•
ARTICLE I
DIVISION I-GENERALLY
* * *
Sec. 106-53. -Duties of Parking Enforcement Specialist in case of overtime parking.
(a) It shall be the duty of the Parking Enforcement Specialist of the City, acting in accordance with
instructions issued by the Parking Director, to issue a citation to the violators of Section 106-46 or 106-48,
containing the following information:
(1) The number of the parking meter that indicated that the vehicle occupying the parking space
adjacent to such parking meter is or had been parked in violation of any of the provisions of
section 106-46 or 106-48.
(2) The state and license number of such vehicle.
(3) The date and time at which such vehicle was seen or found parked in violation of any of the
provisions of section 106-46 or 106-48.
(4) Any other facts a knowledge of which is necessary to a thorough understanding of the
circumstances attending such violation, and facilitate the determining of ownership of such
vehicle.
(b) When the operator of the vehicle is not available each such Parking Enforcement Specialist shall
attach to such vehicle the citation, to the owner thereof that such vehicle has been parked in violation of
section 106-46 or 106-48, and instructing such owner to either pay the parking fine or contest the citation
as provided on the citation within 30 days in regard to such violation.
(c) The Parking Enforcement Specialist shall enforce the provisions of Article II, Division 3, sections
106-116 through 116-126, through the Code Compliance Procedures of Chapter 30. An appeal of a
citation under Article II, Division 3, shall be to the Special Master.
ARTICLE II METERED PARKING
* * *
DIVISION 3. CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN
Sec. 106-116. Declaration of necessity and purpose.
It is hereby found and declared that:
(a) There exists in areas of the City, heavy concentration of construction activity and related
construction employee vehicles that park for extended periods usurping parking availability all
day; congregating at various points; and committing offenses against the peace and dignity of
the City and the residents thereof.
(b) The presence of these vehicles cause vehicular traffic congestion on commercial and
residential streets, impede the movement of traffic and unduly restrict access to patrons and
visitors to commercial areas and residents and their visitors to their homes.
(c) Such vehicular congestion creates polluted air, excessive noise. trash and refuse.
(d) That the conditions and evils mentioned in subsections (1), (2), and (3) of this section
reduces parking availability and creates blighted or deteriorated residential and commercial
• areas.
(e) The establishment of a requirement that a contractor_provide a Construction Management
Plan (CMP) due to the traffic and parking impacts caused by the construction product would
assist the City in preserving the residents' quality of life; ensure the high quality of our
residential and commercial neighborhoods;would preserve property values: and preserve the
safety of children and of all pedestrians in the City.
Sec. 106-117. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning,
Commercial area means a contiguous or nearly contiguous area containing public streets or parts thereof
primarily abutted by commercial, or retail property. Commercial area shall contain at least half a city block
bordered by three public streets, and, if there is an alleyway, also by the alleyway.
Construction Employee Vehicle (CEV) means a motor vehicle operated in or parked by an employee, or
subcontractor of a construction contractor for extended periods of the day, which result in an impact on
the community as identified below as a CEVPI.
• Construction Employee Vehicle Parking Impact(CEVPI) means:
(1) A condition whereby:
a. Municipal (on and off-street) parking spaces are limited in quantities and for extended
periods of the day factually occupied Monday through Saturday, of any month by
construction employee, contractor or subcontractor vehicles; and
b. CEVs park on municipal on and off-street parking spaces, intended for commercial or
residential uses: or
(2) A condition whereby any number of construction related vehicles are being driven into or left
regularly in a commercial or residential area and the CEV drivers are parking at those locations
for purposes unrelated to commercial, retail or residential uses.
(3) The CEVPi tormit and plan shall b��posted at the.c,2ri�truction site
Residential areas means a contiguous or nearly contiguous area containing public streets or parts thereof
primarily abutted by residential property or residential and nonbusiness property such as schools parks,
churches, hospitals, and nursing homes. A residential area shall contain at least half a city block bordered
by three (3) public streets, and, if there is an alleyway, also by the alleyway.
Sec. 106-118. Creation of Construction Management Plan (CMP).
1 In order to •• .'• • maintain a Buildin• and/or Gradin• and Shorin• Permit for all •ro'ects with a
value in excess of $250.000.00 the Contractor of record shall be re•uired to •rovide to the Ci a CMP.
The Parking Director shall review the CMP. Failure to provide the CMP, or obtain Parking Director
approval of the CMP shall preclude the issuance of a Building or Grading and Shoring Permit. The CMP
shall minimize CEVPI to the surrounding commercial or residential areas.The CMP must:
•
a. Reduce CEVPI related to the proposed construction;
b. Contain construction related parking within the project site, whenever possible;
c. Document where the parking areas will be provided for the employees, subcontractors,
and contractors, if not on site: and
d. The contractor, owner of the property, and tenant are required to sign, under oath, the
proposed CMP, confirming their understanding of the plan, and the penalties associated with non-
compliance.
(2) Development ord_ ers issued prior to enactinq_of this ordinance shall a exempt from application of
this Division 1.
(3) The City's municipaLq,erage located at 42 Street may not be used for CEVPI or CEV uses.
(4) To use any other C ty municipal oaraq_eJor CEVPI or CEV users_ shall r uire Ci Manager and
Eaking_ar_esiQrauthxizatip_n_ansLfllaar%ita r' 11
Sec. 106-119. Requirements of CMP.
(1) The CMP shall contain the following required elements to address the CEVPI;
a. A copy of the building permit application/processing number, that is not expired, with the
Building Department.
b. A system to minimize the effect of CEV parking in commercial and residential neighborhoods.
c. Document the number of workers; identify by description and vehicle license plate number all
vehicles that will be present on the site during various phases of construction; and indicate
whether sufficient privately owned/operated off-street parking will be provided. Provide proof
of such off-street private parking arrangements.
d. The construction contractor, owner/developer shall schedule a pre-construction meeting with
City staff after permit issuance, but prior to start of work,to review CMP implementation.
(2) The Construction Site Parking and Staging Plan shall provide the following specific information:
a. All construction related parking (whether for employees, contractors, subcontractors,
suppliers, etc.) shall be located on-site where the construction is to take place, or at an
approved off-site locations, as approved by City Staff. Swale right-of-way, or parking
metered locations may be permitted. upon approval of the Parking Director, to be used for
loading, deliveries, and supplies. However, this temporary authorization shall not be
considered a proper parking area for employees, subcontractors or contractors under the
CMP.
b. Delineate the details as to the number of proposed vehicles; type of vehicles accessing the
construction site: identify the vehicles by year, make, model, and Florida license plate
number.
c. Identify where all on-site parking will be located (minimum 8.5'x18' per stall) and how vehicles
will enter and exit the construct site from or the street.
d. If off-site parking is required to accommodate employee, subcontractor or contractor parking
needs, identify the off-site Iocation to be used and how the employees, subcontractors or
contractors will get to and from the construction site. Provide proof of lease, exclusive use,
etc. to the Parking Director as park of the CMP.
f. Identify any fencing around the construction site and all access points. A site plan may be
required
q. Identify material staging area(s).
h. Provide any other notes necessary to clarify the CMP, as may be applicable.
Sec. 106-120. Review and approval.
The CMP shall be reviewed and require the approval of the Parking Director.
Sec. 106-121. Issuance of permit.
1. A CMP permit shall be issued upon approval of the CMP and payment of fees.
2. A CMP permit fee in the amount of$144.00, shall be assessed for each CMP and related building
permit.
3. Thereafter a building or a grading and shoring permit may issue. Failure to obtain Parking
Department authorization of a CMP permit shall preclude the issuance of building permit.
Sec. 106-122. Parking in designated areas.
(1) Pursuant to the requirements of section 106-119, contractors, subcontractors and construction
employees shall register and provide vehicle make, model, year, color, and license plate to the Parking
Department.
(2) CEVs shall prominently display a parking permit for the corresponding parking facility(iesl related
to the building permit/construction project identified in the underlying CMP. Such parking permit shall be
displayed so as to be clearly visible to the City's enforcement personnel.
(3) CEVs found at any location other than those stipulated in the CMP shall be in violation of this
section
Sec. 106-123. Enforcement.
(1) A City Code Inspector may issue a citation for a violation of this Chapter. Enforcement shall be
through Chapter 30 of the City's Code. A City Code Inspectors means the Code Compliance Officers,
parking department employees, a Parking Enforcement Specialist, or any authorized agent or employee
of the City whose duty it is to assure code compliance.
(2) All violations of this chapter are civil infractions. Each violation of this chapter shall constitute a
separate offense.Violations of this chapter, will be punished as follows:
(a) For a first offense,a$5,000.00 fine issued to both contractor and property owner/tenant.
(b) For a second offense a$10,000.00 fine issued to both contractor and property owner/tenant.
(c) For a third offense, a $15,000.00 fine issued to both contractor and property owner/tenant.
(d) For each additional/subsequent offense a one day stop work order issued by the City's
Building Official.
(e) For purposes of this section, an offense shall be deemed to have occurred on the date that
the violation occurred.
(f) The failure of any person to pay the appropriate fine within the time allowed or to appeal the
violation shall constitute a waiver of the right to an administrative hearing before the special
master and fines may be accessed accordingly.
(g) A certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien upon any real or personal property owned by the violator and
it may be enforced in the same manner as a court judgment by the sheriffs of this state,
including levy against the violator's personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the recording of any such
lien that which remains unpaid, the City may foreclose or otherwise execute upon the lien.
Sec. 106-124. Revocation of permits and other penalties.
Any Contractor, subcontractor, property owner or tenant who has obtained a valid citation under section
106-123, and who has failed to pay the fine, and failed to cure the violation, shall have the Building
Permit revoked. Failure to comply shall subject such participant to enforcement procedures by the City
and may result in fines of up to an additional$500.00, per day, and liens as provided by law.
Sec. 106-125. Use of Funds.
All fines collected and all CMP fees collected shall be first utilized to fund administrative expenditures of
the City in administering the program, including Parking Department review, Code Compliance
Enforcement and Building Department Review. Any remaining funds shall be transferred to the Fee in
Lieu of Parking fund to assist the City in providing enhanced parking facilities. Any transfer of funds to
the Fee in Lieu of Parking fund shall be documented to reflect the fine source,and amount.
Sec. 106-126. Appeals.
Appeals of a citation shall be pursuant to Chapter 30, before the City's Special Master. The procedures
relating to a Code Compliance citations under Chapter 30 shall control the appeal period, notice
requirements, and rules relating to same.
SECTION 2. 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 re-lettered to accomplish such
intention, and, the word"ordinance"may be changed to"section", "article", or other appropriate word.
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, clause or provision of this Ordinance is held invalid, the remainder shall not be
affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2015.
First Reading:
Second Reading:
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
AP PROVED AS TO
e'M AND • UAGE
& U lIoN — (3— (,5
ity Attorney : Date
1
Underscore denotes new language
Strikethrough denotes removed language
Double underline denotes additions after First Reading
(Sponsored by Commissioner Michael Grieco)
F:1ATT01BOUE\Ordinances\Parking Plan ordinance second reading draft[2-11-20I5].docx
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