HomeMy WebLinkAboutOrdinance 2024-4682 ORDINANCE NO. 2024-4682
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX
A TO THE CITY CODE, ENTITLED "FEE SCHEDULE" BY
AMENDING (1) THE FEE CHARGED TO FILE A
RECERTIFICATION REPORT TO ALLOW FOR A DISCOUNT AS
SET FORTH IN APPENDIX "A" OF THE CITY CODE FOR TIMELY
FILED REPORTS AND (2) THE BUILDING DEPARTMENT
PERMIT FEES APPLICABLE TO SCOPE OF WORK REQUIRED
TO BE PERFORMED BY A RECERTIFICATOIN REPORT IN
CONNECTION WITH THE RECERTIFICATION OF EXISTING
BUILDINGS AS REQUIRED BY SECTION 8-11 OF THE MIAMI-
DADE COUNTY CODE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, section 553.80, Florida Statutes, requires that building permit fees
be consistently applied; and
WHEREAS, building permit fees for residential single-family residences are
currently calculated at 1.7 percent of the construction costs and for commercial properties
which include condominiums and cooperatives, are calculated at 1.9 percent of
construction costs; and
WHEREAS, the recently enacted "milestone" inspection of a building's structural
integrity as set forth in section 553.899, Florida Statutes, includes inspection of the load-
bearing walls and other structural elements designed to provide support and stability for
the overall structure; and
WHEREAS, existing buildings are required to be recertified as structurally and
electrically safe for its continued use and occupancy as required by section 8-11 of the
Miami-Dade County Code; and
WHEREAS, many condominium and cooperative associations were not prepared
for milestone inspections and for recertification expenditures, including permit fees, which
were previously required for buildings or structures that have been in existence for forty-
years and subsequent reinspection at ten-year intervals; and
WHEREAS, in order to assist those condominiums and cooperative associations
that were caught off guard by the changes in state and local laws, a third category for
building permit fees associated with milestone inspections and the recertification process
is needed.
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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.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, 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 as
amended; that 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" 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.
The provisions of this Ordinance shall take effect ten days following adoption and shall
automatically sunset and shall be repealed on December 31, 2025 unless extended by
Commission action.
PASSED and ADOPTED this If day of wee/ 2024.
ATTEST:
/ Steven Meiner, Mayor
a�tt DEC 12 2024
Rafael E. Granado, City Clerk APPROVED AS TO
FORM&LANGUAGE
b_FOR EXECUTION
(Sponsored by Commissioner Rosen-Gonzalez)
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'{ T. ORATIC."P
D n_ ,. :
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"EXHIBIT A"
APPENDIX A FEE SCHEDULE
FEE SCHEDULE
Pursuant to section 1-15 of this Code, this appendix includes all fees and charges
established by the city commission that are referred to in the indicated sections of the
Code of Ordinances. Certain specified fees and charges, as identified herein, shall be
subject to annual adjustment by the city manager, pursuant to the provisions of section
1-15 and this Appendix "A". A schedule of all current city fees and charges as set forth
in Appendix "A" shall be maintained on the city's website.
chapterE 14.Build) Regulations Part I
Article It.Construction Standards
Division 1. Generally
1432(c) Buildingpermit fees:
Commercial Permit Fees for Building Permits:
New construction minimum fee 172.00 IAJ
Alterations minimum permit fee 124.00 IAI
Permit fee for a building whose estimated construction cost is N/A
equal to or less than$35 million is 1.9%of the cost of
construction as approved by the building official or his or her
designee,plus 1.0%of the construction cost for any amount
over$35 million but less than or equal to$100 million;and
0.25%of costs exceeding$100 million as approved by the
building official or his or her designee.
Due to hurricane events,fees for minor repairs under a total N/A
value of$20,000,the above fee(14-62(c))shall be reduced by
40%for the following period:Three months from the hurricane
event to pull permit.This does not apply to any permits needed
for railing repairs and all repairs must be of a substantially
similar design,quality and appearance.
Residential Permit Fees for Building Permits:
New construction minimum permit fee 149.00 [At
Alterations minimum permit fee 111.00 JAI
Residential:Single-family,Duplex: N/A
Permit fee for a building whose estimated construction cost is
equal to or less than$1.5 million is 1.7%of the cost of
construction as approved by the building official or his or her
designee,plus 1.0%of the construction cost for any amount
over$1.5 million as approved by the building official or his or
her designee
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Due to hurricane events,fees for minor repairs under a total N/A
value of 520,000,the above fee 114-62(c)1 shall be reduced by
40%for the following period:Three months from the hurricane
event to pull permit.This does not apply to any permits needed
for railing repairs and all repairs must be of a substantially
similar design,quality and appearance.
Permit Fees for Buifi ine Permits related to a building re-
certification as required by F.S.553.899 and Section 8-11 of
the Miami-DacleCountycowle.
Minimum permit fee 111.00 IN
Permit fee for a building whose estimated construction Cost isNLA
equal to or less than 51.5 million is 1.7%of the cost of
construction as approved by the building official or his or her
designee Plus 1.0%of the construction cost for any amount
over$1 5 million as approved by the building official or his or
her desi nee
14-63 Plumbing permit fees:
Minimum plumbing permitfee 124.00 )A]
This minimum does not apply to permits issued as
supplementary to current outstanding permits for the same lob
Commorcial Permit Fees for Plumbing Permits:
Permit fee for a building whose estimated construction Cost is N/A
equal to or less than$35 million is 1.9%of the cost of
construction as approved by the building official or his a her
designee,plus 1.0%of the construction cost for any amount
over$35 million but less than or equal to$100 million;and
0.25%of costs exceeding$100 million as approved by the
building official or his or her designee
Residential Permit Fees for Plumbing Permits:
Residential:Single-family,Duplex: N/A
PermiE fee-fer
des goes,plus 1.0%of
__ for any-amour
oyer$35miNiors-but less Viand
Permit fee for a budding whose estimated construction cost is
equal to or less than$1.5 million is 1.7%of the cost of
construction as approved by the building official or his or her
designee Plus 1.D%of the construction cost for any amount
over$1.5 million as approved by the building official or his or
her designee
14.64 Electrical permit fees:
Minimum electrical permit fee:This minimum does not apply to 124.D0 IAl
permits issued as supplementary to current outstanding permits
for the same job
Commardal Permit Fees for Electrical Permits:
Permit fee for a building whose estimated construction Cost is N/A
equal to or less than$35 million is 1.9%of the cost of
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construction as approved by the building official or his or her
designee,plus 1.0%of the construction cost for any amount
over$35 million but less than or equal to$1DO million;and
0.25%of costs exceeding 5100 million as approved by the
building official or his or her designee.
Residential Permit Fees for Electrical Permits:
Residential:Single-family,Duplex: N/A
OF heF des liege
Permit fee for a building whose estimated construction cost is
eO al to or less than 515 million is 17%of the cost of
construction as apormed by the building official or his or her
designee plusl0%of the construction cost for any amount
over$1 5 million as approved by the building official or his or
her designee.
Permit Fees for Building Permits related to a buildlne re-
carti}Icatlon as required by F.S.553.899 and Section 8-11 of
the Miami-Dade County code:
Permit fc for a build n¢whose estimated construction cost is NA
equal to or less than SI 5 million Is 1 7%of the cost of
construction as aoo o ed by the building official or his or her
designee,plus 1 0%of the construction cost for any amount
over$I.$million as approved by tht!building official or his or
her designee.
14-65 Mechanical permit fees:
Minimum mechanical permit fee.This minimum does not apply 124.00 [Al
to permits issued as supplementary to current outstanding
permits for the same job
Commercial Permit Fees for Mechanical Permits:
Permit fee for a building whose estimated construction cost is N/A
equal to or less than$35 million is 1.9%of the cost of
construction as approved by the building official or his Or her
designee,plus 1.0%of the construction cost for any amount
over$35 million but less than or equal to$too million;and
0.25%of costs exceeding$100 million as approved by the
building official or his or her designee
Residential Pwmit Fees for Mechanical Permits:
Residential:Single-family,Duplex: N/A
Permit fee for building whose estimated construction cost is
eoual to or less than 51,5 million is 17%of the cost of
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rnnstruction as aoo o ed by the building official or his or her
designee,olu S0% f the construction cost for anv amount
o $SS ill' a approved by theb building offal or his or
herd s'en
Fxq-ywFpcarHikaG m Existing Building Rmnific Lion
rogram fee:
14-67(a) Per building 1,045.00 [A]
A 50%discount will apply to timely submissions of '
r ce if ti n r until 0 em r 31 2 25 r F.S. 53.R99
Building official approval of 6-month extension for building 1,045,00 [A]
recertifirations
14-67(c) Late report fee if recertification not completed within 90 days of 1,099.00 [A]
building's being declared unsafe
14-67(e) Lat submission fee for buildings greater than five Floors for 1,099.00 (A]
annual stfuctural maintenance lot after a 30-day notice
i
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Ordinances - R5 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 11. 2024 10:35 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING APPENDIX A TO THE CITY CODE,
ENTITLED"FEE SCHEDULE" BY AMENDING (1)THE FEE CHARGED TO FILE A
RECERTIFICATION REPORT TO ALLOW FOR A DISCOUNT AS SET FORTH IN
APPENDIX"A" OF THE CITY CODE FOR TIMELY FILED REPORTS AND (2)THE
BUILDING DEPARTMENT PERMIT FEES APPLICABLE TO SCOPE OF WORK
REQUIRED TO BE PERFORMED BY A RECERTIFICATION REPORT IN
CONNECTION WITH THE RECERTIFICATION OF EXISTING BUILDINGS AS
REQUIRED BY SECTION B-11 OF THE MIAMI-DADE COUNTY CODE; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The City administration recommends adoption of the Ordinance.
BACKGROUNDIHISTORY
The proposed Ordinance was approved unanimously on first reading. No changes have been
made between first and second reading.
The City Commission aims to assist property owners with buildings subject to existing re-
certification requirements, especially those facing financial challenges in covering the costs
associated with engaging state-licensed structural and electrical engineers necessary for the
mandated recertification report. These challenges may be exacerbated by the expenses tied to
any required repairs, which vary based on severity and extent. Regular maintenance is essential
to prevent costly and potentially hazardous conditions. To promote accountability in building
maintenance, the City enacted an Annual Building Maintenance Log submission requirement by
ordinance, which began in January 2024. Recertification reports are required for all buildings
except for single-family homes, duplexes, and buildings with 10 occupant load or less and 2,000
square feet or less, and are due on the 30th anniversary of a building's original certificate of
occupancy and every ten (10)years thereafter. Reports become overdue if not received by the
due date. The Building Department initiates notification for upcoming due reports two (2) years
prior to the due date, again one (1) year before, and lastly, 90 days before the anniversary.
Buildings are required to pay a fee of $1,045 to file their recertification reports, with a late fee
applicable for overdue submissions. While these fees are not excessively high, when combined
with the cost's property owners incur for engineers and contractors, some owners with limited
reserves may feel compelled to submit reports late. Recognizing the critical nature of the
recertification process for the safety and welfare of our residents and visitors, Commissioner
Rosen Gonzalez requested that the Building Department consider reducing recertification-related
fees to incentivize timely submissions from property owners.
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ANALYSIS
The primary purpose of the Building Department is to ensure compliance with Building Codes
and legislation, thereby safeguarding the public health, safety, and general welfare of Miami
Beach's residents and visitors. The operations of the Building Department are governed largely
by Florida State Statutes, including directives on the use of revenues generated from collected
fees to enforce building codes. Being self-funded,the department must set fees that adequately
cover operational costs and cannot use these revenues for purposes outside of the
department's mandate.Thus, it is essential that the department prudently manages its funding
to maintain adequate service levels for the City's customers while carefully considering the
financial and legal ramifications of providing discounts for certain services.
The preparation and processing of recertification documents demand significant administrative
and field resources from the Building Department. Consequently, the Building Department has
assessed its operational costs and identified potential discounts for property owners who
submit reports on time, which helps mitigate the additional administrative workload associated
with late submissions.
1. A 50% discount on the recertification filing fee for reports submitted by the due date,
as per Appendix A Fee Schedule attached to the ordinance.
2. For repairs required as part of the recertification report, a reduced percentage fee
from 1.9% to 1.7% of the construction cost for building permits related solely to
recertification requirements (not including fees from other departments). A list of work
types eligible for this discount are:
• Concrete Restoration
• Structural Repairs
• Waterproofing
• Guard Rails
• Emergency Lighting
• Electrical Service Repairs/Replacement
3. The incentive program would sunset on 12/31/25 per F.S. 553.899
(Milestone Program Legislation).
FISCAL IMPACT STATEMENT
1. The estimated fiscal impact of the discount on the recertification filing fee is approximately
S410,000 over the next two years.
2. Estimating the fiscal impact of the permit fee discounts is challenging, as the specifics of
necessary repairs and their associated costs remain uncertain.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate(BIE)was published on: 1112712024
See BIE at: httgs /Iwww miamibeachFl gov/city-hall/citvclerk/meetinu-notices/
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FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of Iobbyist(s) and principal(s):
Department
Building
Sponsor(s)
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
Condensed Title
10.35 a.m. 2nd Rdg, Amend Appendix A-Fee Schedule, Mandatory Structural/Electrical
Inspections- (Rosen Gonzalez) BD
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