Ordinance 89-2669 ORDINANCE NO. 89-2669
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING CHAPTER 14B OF THE CITY CODE ESTABLISHING AN
INTERIM GENERAL AND PROPRIETARY SERVICES FEE;
PRESCRIBING THE RATE THEREOF; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The City Commission is cognizant that the cost of providing
certain City services is in excess of the fees charged for these services and
that these services are fiscally supported in large part through ad valorem
taxation; and,
WHEREAS, the City Commission recognizes that growth places additional
demands upon limited service resources; and,
WHEREAS, from the time that a property is improved and the new building
or structure is occupied there is no assessment of ad valorem taxes until the
ensuing January 1st, yet the City is obligated to provide certain services to
the occupants for which the City is not being compensated; and,
WHEREAS, the City Commission desires to maintain a fair and equitable cost
allocation for the provision of City Services; and,
WHEREAS, the Interim General and Proprietary Services Fee would provide
a fair and equitable means to ensure that the City is compensated for such
costs.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. Chapter 14B, consisting of Sections 14B-1 through 14B-8 of the Code
of the City of Miami Beach, Florida as amended, is hereby created to read:
Chapter 14B INTERIM GENERAL AND PROPRIETARY SERVICES FEE
Section 14B-1 Fee Established.
A fee to be known as the "Interim General and Proprietary Services
Fee" is hereby established.
Section 14B-2 Purpose.
It is recognized that the costs of providing certain City services
exceed the fees charged for said services and that those costs are
borne in large part through ad valorem taxation. Those services
which the City provides include, but are not limited to: police
protection, fire protection, parks and recreational facilities.
It is further recognized that, from the time that a new building or
structure is completed and occupied until the improvements are
reflected on the tax roll as of the ensuing January 1st, City
services are provided for which no part of the cost of said services
is compensated. The purpose of the Interim General and Proprietary
Services Fees, therefore, is to defray the cost to the City in
providing City services to newly improved property prior to the
imposition of ad valorem taxes on such improved property. The fee
is not in any manner, directly or indirectly, intended as an ad
valorem tax, nor is the amount of the fee established herein related
in any way to the valuation of the property receiving said
services.
Section 14B-3 Fee Levied for Services to Certain Properties.
There is hereby levied an Interim General and Proprietary Services
Fee which shall apply to those properties for which a Certificate
of Occupancy is issued, either permanent or temporary, for full or
partial use of the premises, and which shall be payable on a monthly
basis from the first day of the month following the date upon which
such Certificate of Occupancy is issued until the ensuing January
1st. At the option of the fee payor, the entire fee for the period
from issuance of the Certificate of Occupancy to the ensuing January
1st. may be paid in a lump suns at the time of issuance of the
Certificate of Occupancy; such lump sum payments, however, would be
subject to a five percent (5%) discount.
Section 14B-4 Fee; When Paid.
The first month's Interim General and Proprietary Services Fee shall
be paid, on a prorated basis, if necessary, upon the issuance of a
Certificate of nccup ancy, ether permanent or temporary, and no
Certificate of Occupancy shall not be issued until such time as the
Interim General and Proprietary Services Fee has been paid.
Section 14B-5 Charges.
For the purpose of this section, a "unit" shall be defined as a
single-family residence; each dwelling unit of a townhouse, duplex
or multi -family dwelling; hotel room or suite; Adult Congregate
Living Facility unit; a single-tenant industrial space; in an office
or commercial building; or a warehouse bay, except those warehouse
facilities subdivided and used primarily as leased storage units,
which shall be considered one unit per structure. The term shall
include additions to units, such as additional rooms, but shall not
include maintenance, remodeling, pools, and fences, for which no fee
shall be required. The fee shall be three cents ($0.03) per square
foot of floor area per month.
Section 14B-6 Lien Provisions.
All such fees becoming due and payable after December 1, 1989, shall
constitute, and are hereby imposed as, special assessment liens
against real property aforesaid, and until fully paid and
discharged, or barred by law, shall remain liens equal in rank and
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dignity with the lien of city and county ad valorem taxes and
superior in rank and dignity to all other liens, encumbrances,
titles, and claims in, to or against the real property containing
the building, structure or dwelling. Such fees shall become
delinquent if not paid within sixty days (60) after the due date.
All delinquent fees shall bear an interest charge of one percent
(1%) per month, on any or all of the outstanding balance of such
fees due, and if not fully paid with all accrued interest by the due
date of the next Interim General and Proprietary Services Fee
payment, will continue to accrue interest at the rate of one percent
(1%) per month. Unpaid and delinquent fees, together with accrued
interest, shall remain and constitute special assessment liens
against the real property involved. Such special assessment liens
for interim proprietary and general service fees may be enforced by
any of the methods provided in Chapter 85, Florida Statutes, or in
the alternative, foreclosure proceedings may be instituted and
prosecuted under the provisions of Chapter 173, Florida Statutes,
or the collections and enforcement of payment thereof may be
accomplished by any other method authorized by law. The owner shall
pay all costs of collection, including reasonable attorney fees,
court costs, and abstracting and related lien expenses imposed by
the virtue of this chapter.
Section 14B-7 Exceptions.
The Interim General and Propriety Services Fee shall not be levied
upon:
1) Any improvements for which a building permit was issued prior
to the effective date of this ordinance.
2) Any improvements which were the subject of a development
agreement with either the City of Miami Beach or the Miami
Beach Redevelopment Agency, entered into prior to the
effective date of this ordinance.
3) Properties requiring a Certificate of Occupancy for change of
use of property.
4) Any property which is for nonprofit use such as religious and
educational institutions.
5) Any property owned or operated by governmental units.
Section 14B-8 Collection and Deposit.
All money paid for such services shall be collected by the Director
of Building Department and shall be deposited into the General Fund.
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SECTION 2 - REPEALER. All ordinances or parts of ordinances insofar as they
are inconsistent or in conflict with the provisions of this ordinance, are
hereby repealed.
SECTION 3 - SEVERABILITY. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the remaining
provisions of this Ordinance shall not be affected.
SECTION 4 - EFFECTIVE DATE. This ordinance shall become effective 10 days
after passage on 16th day of December , 1989.
PASSED AND ADOPTED THIS 6th day of December , 1989.
Abe Resnick, Vice - Mayor
ATTEST:
611. #
CITY CLERK
FORM APPROVED
LEGAL DEPARTMENT
i(/22-AV
1st reading 9/20/89
Second 1st reading aa/15/89
2nd reading 12/6/89
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MI BE FLORIDA 3 3 1 3 9
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 6,4,)--40
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DATE: December 6 , 1989
TO: Mayor Alex Dao : and
Members of e City Comm' Si,
FROM: Rob W. Pa ins i Kg,
City Manager `.e•. .
SUBJECT: AN ORDINANCE MENDING THE CITY CODE TO CREATE CHAPTER 14B,
ESTABLISHING PROVISIONS FOR AN INTERIM GENERAL AND PROPRIETARY
SERVICES FEE.
BACKGROUND
It is recognized that the cost of providing certain City services exceed the
fees that are charged and that these costs for the large part supported by Ad
Valorem taxes. These services include fire protection and rescue services,
police protection, parks and recreational facilities. It is also recognized
that from the time that a new building is completed and occupied and until that
improvement is reflected on the tax rolls as of the ensuing January 1st. , the
City is obligated to provide such services for which it is not compensated.
In order to maintain and ensure a fair and equitable means of allocating costs
and to ensure that the City is compensated, the Interim General and Proprietary
Services Fee is being proposed and is not in any way related to the value of the
property receiving said services.
Major provisions of the Interim General and Proprietary Services Fee include:
1 . Properties Affected. New construction on properties for
which a Certificate of Occupancy is issued, either
permanent or temporary, for full or partial use.
2. Fee. Three cents (3C) per square foot per month payable
monthly on the first day of the each month until the
ensuing January 1st. Provides an option for lump sum
payment with a 5% discount.
3. Exceptions. Provided for in Chapter 14B-7.
This Ordinance, as presented, was passed on first reading on November 15, 1989.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Ordinance, as amended, which provides for the creation of Chapter 14B of the
City Code, establishing and making provisions for an Interim General and
Proprietary Services Fee.
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