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Ordinance 99-3205 ORDINANCE NO. 99-3205 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 14, ENTITLED "BUILDING REGULATIONS" SECTION 14-70, ENTITLED "GENERAL INFORMATION", AMENDING SUBSECTION 14-70 (7) OF APPENDIX A, ENTITLED "FEE SCHEDULE" BY INCREASING THE SANITATION IMPACT FEE FROM.20%TO.30%: PROVIDING FOR CODIFICATION AND SEVERABILITY: REPEALING ALL ORDINANCES IN CONFLICT THEREWITH: AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Miami Beach,Florida finds it in the public interest to ensure that all areas within the City limits are adequately provided with high quality waste collection and disposal service; and WHEREAS,the City Commission finds it in the public interest to retain regulatory authority as permitted by law over waste collection and disposal because of the overriding public health, safety, welfare and ecological considerations associated with the provision of this service; and WHEREAS,the City Commission finds it in the public interest to retain regulatory control over the use of public rights of way to ensure against interference with the public convenience, to promote aesthetic considerations, and to protect the public investment on right of way property; and WHEREAS,the City Commission has previously modified the fee schedule by Resolution No. 97-22491 which increased the Impact Fee from .15% to .20% and the minimum Sanitation Impact Fee from $15.00 to $20.00; and WHEREAS,the City Commission finds that by increasing the"Sanitation Impact Fee"from .20%to .30%is the best means of offsetting the enormous costs related to the collection and disposal of illegally dumped construction related debris within the City and assuring that the above described interests of the City are served. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1.AMENDMENT OF CHAPTER 14 ENTITLED "BUILDING REGULATIONS" That Section 14-70 (7)of Appendix"A"of the Code of the City of Miami Beach is hereby amended to read as follows: SECTION 14-70 (7) OF APPENDIX A. FEE SCHEDULE 14-70 (7) Sanitation impact fee for all building, electrical, plumbing, mechanical, demolition permits,0.20%0.30% of estimated costs of project: Minimum $ 20.00 Maximum $1,500.00 SECTION 2. CODIFICATION. It is the intention of the Mayor and the 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 3. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portion of this Ordinance. SECTION 4. REPEALER. All ordinances or parts in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 27th day of September , 1999. PASSED AND ADOPTED this 17th day of September , 1999. MAYOR ATTEST: APPROVED AS TO FORM& LANGUAGE t & FOR EXECUTION CITY CLERK / 4diii4 F:\CMGR\$ALL\MATTHEW\SANITAT[\ORDINANC.WPD •may 1st reading 7/21/99 2nd reading 9/17/99 CITY OF MIAMI BEACH erZi CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http.\\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO. 6,-36-99 TO: Mayor Neisen O.Kasdin and DATE: September 14, 1999 Members of the City ommission FROM: Sergio Rodriguez /6 City Manager SUBJECT: SECOND RE DING-AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING MIAMI BEACH CITY CODE CHAPTER 14, ENTITLED "BUILDING REGULATIONS" SECTION 14-70, ENTITLED "GENERAL INFORMATION",AMENDING SUBSECTION 14-70 (7) OF APPENDIX A, ENTITLED"FEE SCHEDULE"; PROVIDING FOR CODIFICATION AND SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Adopt the Ordinance. BACKGROUND: This Ordinance was approved on first reading at the July 21, 1999 City Commission Meeting. The City Administration is recommending a seiles of fee changes and operational modifications to eliminate the current and accumulated deficit in the Sanitation Department's Enterprise Fund. The Sanitation Department is funded through the Enterprise Fund and currently has an accrued deficit of over$800,000 which must be reimbursed. The City Commission adopted Ordinance No. 97-3068 on January 8, 1997, to help offset the substantial costs associated with the collection and disposal of illegally dumped debris generated from various types of construction activities such as building demolition, new construction and remodeling of existing properties. This debris, illegally dumped in back alleys, private properties and City rights-of-ways, proves to be both an eye sore and hazard to the overriding public health, safety and welfare of the residents and visitors of Miami Beach. AGENDA ITEM G DATE -1.- ILL 9 The Sanitation Impact Fee is charged on all building, electrical, plumbing, mechanical and demolition permits. The fee schedule at its inception was based on 0.15% (15 hundredths of a percent)of the projected cost of the project for which the permit is being applied,with a minimum fee of$15 and a maximum fee of$1,500. Since the adoption of City Ordinance No. 97-3068,the costs for collection and disposal of illegally dumped debris has increased considerably. Initially, upon inception of this fee,the amount assessed was not sufficient to cover the costs of this service. On July 16, 1997, to help offset the ever increasing costs associated with this service, the fee schedule was increased by Resolution No. 97-22491. The current fee schedule was based on 0.20% of the projected cost of the project for which the permit is being applied,with a minimum fee of$20 and a maximum fee of$1,500. t. ANALYSIS: The proposal recommends an increase of the current fee of 0.20%of the projected cost of the project for which the permit is being applied to 0.30%. The minimum fee of$20 and the maximum fee of $1,500 are being retained. Originally,we were proposing to increase the minimum fee to $25,but it was determined,upon further review,that it placed a disproportionate burden on those undertaking minor improvements to their property. The new rate for the Sanitation Impact Fee would approximately generate an additional $129,600 annually which will help offset the costs presently borne by the City. The following chart illustrates the estimated annual revenue we will receive if we adopt this Ordinance: Comparison Chart Current Proposed Difference .20% .30% Addt'l Rev Estimated Monthly Revenue $ 29,700 $ 40,500 $ 10,800 Estimated Annual Revenue $356,40Q $486,000 $129,600 As shown on the chart,this increase is minimal, but will aid in the ability to provide these collection and disposal services without further increasing the deficit in the Sanitation Department's annual budget. It should be noted that members of the Budget Advisory Committee, at their meeting on August 10, 1999, unanimously approved urging the City Commission to support the Sanitation Construction Impact Fee increases. CONCLUSION Adopt the Ordinance. SR: S:RT:s F:\CMGR\$ALL\COMMEMO 99\SANITAT-WPD I) Uq � q o k ao (NI E •- � ( - *4 p 2 7 & m .5 / / 0 � 7 � (1 74) _ q f . C1.5 \ = 2 / © U «