Ordinance 95-3022 ORDINANCE NO. 95-3022
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 33, ENTITLED
"REAL PROPERTY" AMENDING ARTICLE II, ENTITLED
"REVOCABLE PERMITS" , BY RAISING THE ANNUAL
PERMIT FEE PROVIDING THAT THE REVISED FEE
SCHEDULE SHALL APPLY TO BOTH CURRENT AND
FUTURE PERMIT HOLDERS AND SHALL BE DUE ON
OCTOBER 1ST OF EACH YEAR, PROVIDING FOR
PRORATION OF FEES, REQUIRING RECORDATION OF
REVOCABLE PERMITS IN THE DADE COUNTY PUBLIC
RECORDS, CLARIFYING REQUIREMENTS PERTAINING TO
INDEMNIFICATION OF THE CITY AND
NONASSIGNABILITY OF PERMITS; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission believe that private
persons and entities utilizing public property for private purposes
should adequately compensate the public for use of such property;
and
WHEREAS, in order to provide adequate notice to persons who
may be affected in the future, it is necessary that revocable
permits be recorded in the Public Records of Dade County.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . AMENDMENT OF SECTION 33-5 .
That Section 33-5 of Article II, entitled "Revocable Permits"
of Miami Beach City Code Chapter 33 , entitled "Real Property" is
hereby amended as follows :
Section 33-5 . Conditions, Termination/Revocation of Revocable
Permits
(a) Each Revocable Permit shall state conditions for its
issuance including but not limited to :
(1) Use which the permittee shall be permitted to make of the
premises .
(2) The nature of the improvements permitted.
(3) Requirements for maintenance of the premises by the
permittee .
(4) Requirements for indemnification of the City by the
permittee and insurance as approved by the City' s Risk Manager
including submission annually of proof of such insurance .
(5) Requirements for condition of the premises when it is
returned to the City upon termination or revocation of the
Revocable Permit .
(6) Nonassignability of the Permit, as evidenced by submission
of an affidavit of ownership.
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(7) City' s right of entry to repair utilities within any City
easement or to remove unauthorized improvements .
(b) As a further condition of holding a revocable permit, the
permittee shall pay an annual permit fee in the amount of thirty
cents (30 ) per square foot for ach square foot of property
subject to the permit; except that when the property subject to the
permit is waterfront property, the annual fee shall be fifty cents
(50 ) per square foot . as follows :
nonwaterfront property . forty-five cents (45 ) for each
for single family use square foot subject to the permit
with a maximum of seven thousand five
hundred dollars ($7 , 500)
nonwaterfront property . ninety cents (90 ) for each square
for multifamily or foot subject to the permit
commercial use
any waterfront property = one dollar and twenty five cents
regardless of use ($1 . 25) for each square foot subject
to the permit
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The fee shall be due on October 1st of each year and shall be
prorated on a monthly basis for permits granted at other times
during a permit year; except that for the permit year commencing on
October 1, 1995 , the permit fee shall be due and payable on January
1 , 1996 . The fee shall be collected by the Public Works Department
or by such other department as may be designated by the City
Manager. Notice of the amount due and instructions for payment
shall be provided to permittees at least sixty (60) days prior to
October 1st of each year. The permit fee shall be applicable to
existing and future permits . Any amounts already paid for yearly
fees for 1995-1996 for existing permits shall be deducted from the
amount owed for 1995-1996 pursuant to this ordinance . In the event
that the permit is revoked or otherwise terminated prior to
expiration of the year for which the annual permit fee was paid, a
prorated portion of the fee will be refunded to the permittee .
(c) Unless otherwise stated in the Revocable Permit, the
Permit shall terminate after the expiration of twenty (20) years,
unless surrendered or revoked at an earlier date .
(d) All Revocable Permits shall be revocable at the sole
discretion of the City Commission upon ten (10) day' s prior written
notice to the permittee .
(e) The Public Works Department shall notify permittees of
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violations of the Permit conditions . Any violations which remain
uncorrected after ten (10) days from receipt of such notice shall
be reported to the City Manager and the City Commission.
(f) Revocation shall be by resolution of the City Commission.
No public hearing shall be required; however, the permittee or
his/her representative shall be heard upon request prior to a
Commission vote on the resolution.
(g) When a Revocable Permit is granted, the grantee shall
record the Permit in the Public Records of Dade County and shall
provide a copy of the recorded Permit to the City Clerk within
thirty (30) days of the City Commission' s decision to grant the
permit .
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
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SECTION 4 . EFFECTIVE DATE.
This Ordinance shall take effect on the 16th day of
December , 1995
PASSED and ADOPTED this 6th day of December , 1995.
ATTEST: ,-`
CITY CLERK
1 t reading 11/21/95
2nd reading 12/6/95
SWS:scf:6.0disk8\revperm3.ord
FORM APPROVED
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By
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. S-78-95
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: December 6, 1995
FROM: Jose Garcia-Pedrosa
City Manager /l
SUBJECT: SECOND RE• P . AND PUBLIC HEARING - AN ORDINANCE
AMENDING M AMI BEACH CITY CODE CHAPTER 33, ENTITLED
"REAL PROPERTY" AMENDING ARTICLE II, ENTITLED "REVOCABLE
PERMITS", BY RAISING THE ANNUAL PERMIT FEE FOR USE OF
CITY RIGHT-OF-WAY, PROVIDING THAT THE REVISED FEE
SCHEDULE SHALL APPLY TO BOTH CURRENT AND FUTURE PERMIT
HOLDERS AND SHALL BE DUE ON OCTOBER 1ST OF EACH YEAR,
PROVIDING FOR PRORATION OF FEES, REQUIRING RECORDATION
OF REVOCABLE PERMITS IN THE DADE COUNTY PUBLIC RECORDS,
CLARIFYING REQUIREMENTS PERTAINING TO INDEMNIFICATION
OF THE CITY AND NONASSIGNABILITY OF PERMITS; PROVIDING
FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission adopt the attached
Ordinance which amends Article II entitled "Revocable Permits" of Miami Beach City Code
Chapter 33, entitled "Real Property" on second reading.
BACKGROUND
Under the City's current Revocable Permit Ordinance, holders of Revocable Permits pay an
annual fee of fifty cents (50C) per square foot for waterfront properties, and thirty cents (30C )
per square foot for other public right-of-way used in a Revocable Permit.
At the November 8, 1994 Land Use and Development Committee meeting, it was suggested to
review the Revocable permit fee to reflect a more equitable structure. During this meeting it was
recommended to charge a fee based upon a percentage of the assessed land value being used
in the permit. The Ordinance amending the fee schedule to the City Code Chapter 33 to reflect
this fee structure was presented to the Commission on May 3, 1995. The second reading and
AGENDA ITEM R 3 F\
DATE 12 -1A 5
r
COMMISSION MEMORANDUM Page 2 December 6, 1995
public hearing of May 17, 1995 was continued to the June 6, 1995 Commission meeting, when
the Ordinance was withdrawn because the City Attorney's office recommended to review further
the fee basis. The attached amended Ordinance was presented and approved on first reading on
the November 21, 1995 City Commission meeting.
ANALYSIS
The proposed Ordinance rates have been revised to provide an increase in the revocable permit
fees for the use of public property in single-family residences from the current thirty cents (30C)
to forty- five cents (45C) per square foot per year, and for multifamily or commercial properties
to ninety cents (900) per square foot per year. The fee for use of waterfront properties will be
raised from the current fee of fifty cents (50C) to one dollar and twenty-five cents ($1.25) per
square foot per year.
Attached is a table of fee comparisons based on present and proposed fee structures for some of
the existing and recent Revocable Permits.
In addition to this, the attached amendment to the Ordinance contains a provision to apply the
annual fee to all existing and future Revocable permit holders, and establish a due date on
October 1st of each year, with prorated fees on a monthly basis for permits granted or revoked
at other times during a permit year.
The Public Works Department shall send a notice instructing permit holders regarding payment
of the annual fee at least sixty (60) days prior to October 1st of each year.
This amendment also requires that a Revocable Permit shall be recorded by the grantee in the
Public Records of Dade County and that the grantee shall provide a copy of the recorded Permit
to the City Clerk.
CONCLUSION
It is recommended that the Mayor and the City Commission adopt the attached Amendment to
Article II entitled "Revocable Permits" of Miami Beach City Code Chapter 33, entitled "Real
Property", by changing the annual permit fee for existing and future Revocable Permits for the
use of public property for multifamily or commercial purposes or for use of waterfront property,
applying a due date for the permit fees of October 1st of each year, providing for proration and
requiring recordation of Revocable Permits.
Attachment
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