Ordinance 2022-4475 ORDINANCE NO. 2022-4475
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING APPENDIX A TO THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED"FEE SCHEDULE,"TO AMEND THE FEES
APPLICBLE TO THE BUILDING RECERTIFICATION
PROCESS, PURSUANT TO CHAPTER 14 OF THE
CITY CODE, ENTITLED "BUILDING
REGULATIONS"; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND
FOR AN EFFECTIVE DATE.
WHEREAS, the Final Report of the Miami-Dade County Grand Jury ("Grand Jury'), filed
on December 15, 2021, in connection with the Surfside condominium collapse tragedy,
recommended that all municipalities in Miami-Dade County enact ordinances to provide advanced
courtesy notices to building owners at least two years prior to the anniversary year of their required
recertification; and
WHEREAS, the Grand Jury further recommended that local government officials continue
to increase the budgets and staff of their respective building departments to provide for more
inspectors to assist in identifying problem structures that could pose risks to the public; and
WHEREAS, consistent with the above, the Grand Jury recommended that municipalities
require property owners to submit annual maintenance logs certifying that regular and routine
maintenance of all components impacting the structural integrity of the building have been
conducted on an annual basis; and
WHEREAS, in order to accomplish and implement these recommendations, it is
necessary for the Building Department to adjust its fees in connection with the recertification
process.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
Appendix A to the City Code, entitled "Fee Schedule," is hereby amended as provided in "Exhibit
A" to this Ordinance.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
1
SECTION 3. 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 Miami Beach
City Code. The sections of this ordinance may be renumbered or re-lettered to accomplish such
intention; and that the word "ordinance" may be changed to "section," "article," or other
appropriate word.
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 (10) days following adoption.
PASSED and ADOPTED this 9 day of Para"- , 2022.
ATTEST: i<2.2......4„.......
`. Dan Gelber, Mayor
,`' ec�MAR 1 4 2022
Mc ,t,
Rafae E. Granado, City Clerk - : ; .(.
CIECO ft:'," ED
(Sponsored by Commissioner Alex J. Fernandez) '', ,,,,,,
Underline denotes additions
Str+l ough denotes deletions
Double Underline denotes additions at Second Reading
denotes deletions at Second Reading
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
___ C 2,-26—ZZ
City Attorney M Date
F:\ATTO\$ALL\ROTH\Mayor and Commission\2022 Fee Ordinance - Part I.docx
2
"EXHBIT A" TO ORDINANCE
AMENDMENT TO
APPENDIX A- FEE SCHEDULE
Section Description Amount Annual
of this (Sales tax Adjustment
Code or other (References
taxes may shown are
apply) defined at
the end of
this
Appendix A)
Subpart A. General Ordinances
Chapter 14. Building Regulations Part I
* * *
Article II. Construction Standards
* * *
Division 2. Permit Fees
* * *
14-67(a) Fee per building 6?00 [A]
950.00
Building official approval of 6-month extension for building 6-1 00 [A]
recertifications 950.00
14-67(c) New inspection Late report fee if recertification is not 396430 [A]
completed within 90 days of building's being declared unsafe 1000.00
14-67(e) Late submission fee for buildings greater than 5 floors for 1000.00 u
annual structural maintenance log_after a 30-day notice
* *
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Ordinances- R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: March 9, 2022
10:15 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING APPENDIX A TO THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "FEE SCHEDULE,"TO
AMEND THE FEES APPLICABLE TO THE BUILDING RECERTIFICATION
PROCESS, PURSUANT TO CHAPTER 14 OF THE CITY CODE, ENTITLED
"BUILDING REGULATIONS"; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the attached Ordinance.
BACKGROUND/HISTORY
On December 15, 2021 the Miami Dade County Grand Jury filed their final report on the
Surfside condo collapse tragedy and their recommendations on making buildings safer.
One recommendation stated the need for advance notice to building owners regarding their
impending recertification. Buildings which are required by County ordinance 8-11(f) to provide
recertification are given a notice of 90 days. There has been much concern that a 90-day
notice does not allow a property enough time to contract with a licensed design professional
who will be required to perform site inspections based on previous permitting documents and
perform possible testing. Therefore the providing of an earlier notice to the owner of their
impending recertification will help property owners plan their recertification and increase building
safety.
Additionally, to assist with the recertification process and track the maintenance of buildings
taller than 5 stories, the Building Department proposes to require the submission of an annual
building maintenance log to the Building Department. This log will assist in tracking any repeated
maintenance issues within a structure and assist in the data collection for the building
recertification process by providing the Engineers with better data on routine building
maintenance as part of the public record for the property.
Both items were part of the recent Miami Dade County Grand Jury recommendations.
Update after First Reading:
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On January 20, 2022, the Mayor and City Commission passed the draft ordinance on first
reading with changes to the commencement of the maintenance log program to phase in the
program by having a training phase the first year— 2022, the first year of collections would be
2023 and only assessing a 50% penalty for non-compliance, and a full program with 100% of
the penalty due for non-compliance in 2024.
To incentivize buildings, the City of Miami Beach has designed an incentive program. Buildings
in compliance with the annual log and timely submission qualify for cumulative 1.25% off per
year recertification fees for the 30-year recertification, up to 37.5%, and 3.75% off per year for
the 10-year recertification, up to 37.5%, when submitted and complete within the 90-day period
as required by MDC 8-11(f).
ANALYSIS
The building recertification program cost to the Department will increase due to the need for
additional notification, the reduction of time to begin the building recertification process, tracking
and reporting of the yearly maintenance log, as well as tracking trends in the building
recertification deficiencies, and developing procedures and training protocols which remind
owners of the importance of routine maintenance and repairs. The community outreach for
these requirements will also add cost to the recertification process.
We hope to offset the cost of these additional services with a modest increase to the building
recertification fees.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
Between the early notice and the notification of the need to submit the maintenance logs and
training the estimated fiscal impact would amount to 3/4 of a clerk, a code officer, as well as
administrative and supervisory time which equate to approximately $80,000 per year. No new
positions are being requested. The positions needed for this work were already adopted in the
FY 21/22 budget. This increase is estimated to generate an additional revenue of$60,000
These adjustments are being made to help offset the costs of enforcing the Florida Building
Code as required by state statute.
We hope to offset the cost of these additional services with a modest increase to the building
recertification fees from $612 to $950. Additionally, increasing the recertification extension fee
from $612 to $950, and the late fee for the recertification report from $306 to $1,000, and the
inclusion of a late fee for late submission of the annual structural maintenance log of$1,000.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Page 276 of 874
Strategic Connection
Non-Applicable
Legislative Tracking
Building
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
n Ordinance
Page 277 of 874