20151014 SM3MIAMI BEACH
Gity Commission Meeting
SUPPLEMENTAL MATERIAL 3
Gity Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 14,2015
Mayor Philip Levine
Vice-Mayor Edward L. Tobin
Commissioner Michael Grieco
Com m issioner Joy Malakoff
Com m issioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vlsft us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C2 - Gompetitive Bid Reports
C2G Request Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) 2016-002-KB For
The Painting And Striping Of Dedicated Bicycle Lanes.
( Procu rem enUTra n s po rtatio n )
(Memorandum)
1
Supplemental Agenda, October 14, 2015
R5 - Ordinances
RsN Amend Chapter 118 Land Development Regulations, Appendix A - Fee Schedule, And Chapter 14
Building Regulations
1.An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, Florida; By Amending Chapter 114 Entitled "General Provisions," At Section
114-7; Chapter 118 Entitled "Administration And Review Procedures," Article lEntitled "ln
General", At Sections 1 18-3 And 1 18-6, Article lll Entitled "Amendment Procedure", At Section
118-162, Article lV Entitled "Conditional Use Procedure," At Section 1 1 8-193 And 1 18-196,
Article Vl Entitled "Design Review Procedures," At Sections 1 18-253 And 1 18-255, Article Vll
Entitled "Division Of Land/Lot Split," At Section 118-321, Article Vlll Entitled "Procedure For
Variances And Administrative Appeals," At Sections 1 18-353 And 1 18-357, Article lX Entitled
"Nonconformances," At Section 118-399, Article X Entitled "Historic Preservation," At
Sections 118-562,1 18-563, 1 18-564, And 1 18-591 ; Chapter 138, Entitled "Signs," At Sections
138-135 And 138-136; Chapter 142, Entitled "Zoning Districts And Regulations," At Section
142-108; And Further Amending Chapter 118, Entitled "Administration And Review
Procedures," To Create Section 118-7 And 1 18-8; Updating And Consolidating The Sections
Of The Land Development Regulations Requiring The Assessment Of Fees ln Order To
lmprove Predictability, Transparency And Efficiency Of The Code; Providing For Repealer,
Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning/Building/Fire/Public Works)
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Amending Appendix
A, "Fee Schedule" To Revise Building, Fire, Planning, And Public Works Fees Charged For
Services Related To Land DevelopmentAnd Permitting; Providing For Repealer, Severability,
Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning/Building/Fire/Public Works)
An Ordinance Amending Chapter 14, "Building Regulations," Division 2, "Petmit Fees," At
Sections 14-61, 14-62, 14-66, 14-67, 14-68, 14-70, And 1 4-72; Chapter 15, "Zoning Review
Fee Associated With The Building Permit Process," Article ll, "Zoning Review Fees
Associated With The Building Permit Process,"AtSections 15-31, 15-32,15-33, 15-34,15-35,
15-36, And 15-37; Chapter 50, "Fire Prevention And Protection," At Sections 50-3, 50-4, 50-5,
50-6, 50-7, And 50-8; Chapter 66, "Marine Structures, Facilities And Vehicles," Article lll,
"Piers, Docks And Boat Ramps," At Section 66-1 14; Chapter 86, "Sales," Division 2,"Permit,"
At Section 86-56; Chapter 98, "Streets And Sidewalks," Article lll, "Excavations," Division 2,
"Permit," At Sections 98-93 And g8-94; Further Amending Chapter 50, "Fire Prevention And
Protection," To Create Sections 50-9, 50-10, 50-1 1 , 50-1 2,50-13, 50-14, And 50-15; Chapter
98, "Streets And Sidewalks," Article lll, "Excavations," Division 2, "Permit," To Create Sections
98-95, 98-96, 98-97, 98-98, 98-99, And g8-100; Updating And Consolidating The Sections Of
The City Code Of Ordinances That Require The Assessment Of Fees For Permitting Services
ln Order To lmprove Predictability, Transparency And Efficiency Of The Code; Providing For
Repealer, Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning/Building/Fire/Public Works)
(Memorandum & Ordinances)
2.
3.
2
Supplemental Agenda, October 1 4, 2015
R7 - Resolutions
R7D Authorizing lssuance By RDA Of Tax Increment Revenue Bonds ln Amount Not-To-Exceed $430
Million For Specified Public lmprovements; Authorizing lssuance By City Of Resort Tax Bonds ln
Amount Not-To-Exceed $240 Million For Miami Beach Convention Center lmprovements; And
Authorizing lssuance By City Of Parking Revenue Bonds ln Amount Not-To-Exceed $80 Million For
Parking System lmprovements.
1 . A Resolution Authorizing The lssuance By The Miami Beach Redevelopment Agency Of Not
To Exceed $430,000,000 ln Aggregate Principal Of Tax lncrement Revenue Bonds (City
Center/Historic Convention Village), ln Accordance With The Requirements Of Chapter 163,
Part lll, Florida Statutes, As Amended; Authorizing Officers And Employees Of The City To
Take All Necessary Actions ln Connection Therewith; And Providing For An Effective Date.
2:00 p.m. Second Readinq Public Hearing / Joint Citv Commission & Redevelopment
Aqencv
(Finance)
(First Reading on September 30, 2015 - R7E1)
2. A Resolution Authorizing The lssuance Of Not To Exceed $240,000,000 ln Aggregate
Principal Amount Of City Of Miami Beach, Florida Resort Tax Revenue Bonds, Series 2015
For The Purpose Of Financing lmprovements To The Miami Beach Convention Center;
Providing For The lssuance Of Additional Bonds On A Parity Therewith; Providing For The
Security And Payment Of All Bonds lssued Pursuant To This Resolution; Providing Certain
Details Of The Series 2015 Bonds; Delegating Certain Matters ln Connection With The
lssuance Of The Series 2015 Bonds To The City Manager, lncluding Whether The Series
2015 Bonds Shall Not Be Secured By The Debt Service Reserve Account And Whether To
Secure A Credit Facility And/Or A Reserve Account lnsurance Policy, Within The Limitations
And Restrictions Stated Herein; Appointing Undenrvriters, Paying Agent, Registrar And
Disclosure Dissemination Agent; Authorizing The Negotiated Sale Of The Series 2015 Bonds
And Approving The Form And Authorizing Execution Of The Bond Purchase Agreement For
The Series 2015 Bonds; Approving The Form Of Preliminary Official Statement For The
Series 2015 Bonds And Authorizing Execution Of The Final Official Statement For The Series
2015 Bonds; Covenanting To Provide Continuing Disclosure ln Connection With The Series
2015 Bonds And Approving The Form And Authorizing Execution Of A Continuing Disclosure
Agreement; Authorizing Officers And Employees Of The City To Take All Necessary Actions
ln Connection With The lssuance Of The Series 2015 Bonds;And Providing ForAn Effective
Date.2:01 p.m. Second Readinq Public Hearinq
(Finance)
(First Reading on September 30,2015 - R7E2)
3
Supplemental Agenda, October 1 4, 2015
3. A Resolution Authorizing The lssuance Of Not To Exceed $80,000,000 ln Aggregate Principal
Amount Of City Of Miami Beach, Florida Parking Revenue Bonds, Series 2015, For The
Principal Purpose Of Paying The Cost Of Certain lmprovements To The Parking System,
Pursuant To Section 209 Of Resolution No. 201 0-27491Adopted By The City On September
20,2010; Providing That Said Series 2015 Bonds And lnterest Thereon Shall Be Payable
Solely As Provided ln Said Resolution No. 201 0-27491And This Resolution; Providing Certain
Details Of The Series 2015 Bonds; Delegating Other Details And Matters ln Connection With
The lssuance Of The Series 2015 Bonds, lncluding Whether The Series 2015 Bonds Shall
Not Be Secured ByThe Reserve AccountAnd WhetherTo Secure A Credit FacilityAnd/OrA
Reserve Account lnsurance Policy, To The City Manager, Within The Limitations And
Restrictions Stated Herein; Appointing Undenarriters, A Bond Registrar And A Disclosure
Dissemination Agent; Authorizing The Negotiated Sale Of The Series 2015 Bonds And
Approving The Form Of And Authorizing The Execution Of A Bond Purchase Agreement;
Authorizing And Directing The Bond Registrar To Authenticate And Deliver The Series 2015
Bonds; Approving The Form Of And Distribution Of A Preliminary Official Statement And An
Official Statement And Authorizing The Execution Of The Official Statement; Providing For
The Application Of The Proceeds Of The Series 2015 Bonds And Creating Certain Funds,
Accounts And Subaccounts;Authorizing A Book-Entry Registration System With RespectTo
The Series 2015 Bonds; Covenanting To Provide Continuing Disclosure ln Connection With
The Series 2015 Bonds And Approving The Form Of And Authorizing The Execution And
Delivery Of A Continuing Disclosure Agreement;Authorizing Officers And Employees Of The
City To Take All Necessary Related Actions; And Providing For An Effective Date. 2:02 p.m.
Second Readinq Public Hearing
(Finance)
(First Reading on September 30,2015 - R7E3)
(Revised Exhibit B)
R7H A Resolution Creating, Pursuant To Chapter 170, Florida Statutes, A Special Assessment District To
Be Known As The Sunset lslands 3 & 4 Utility lmprovement District, For A Term Of Ten (10) Years,
To Fund The Placement Underground Of Utilities On Sunset lslands 3 & 4, At An Estimated Cost Of
$2,412,398; Providing For The Levy And Collection Of Special Assessments To Fund The
lmprovements; Providing The Manner ln Which Such SpecialAssessments Shall Be Made; Providing
When Such SpecialAssessments Shall Be Made; Designating The Lands Upon Which The Special
Assessments Shall Be Levied; Providing For Publication Of This Resolution;And Authorizing Related
Actions.
(Office of the City Attorney/Capital lmprovement Projects)
(Memorandum & Resolution)
4
Supplemental Agenda, October 14, 2015
Redevelopment Aqencv
14 A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency
Authorizing The lssuance Of Not More Than $430,000,000 ln Aggregate PrincipalAmount Of Miami
Beach Redevelopment Agency Tax lncrement Revenue Bonds (City Center/Historic Convention
Village) (The "Series 2015 Bonds"), For The Purpose Of Refunding The Agency's Outstanding Prior
Bonds And Financing Certain Public lmprovements; Providing ForThe lssuance Of Additional Bonds
On A Parity Therewith; Providing For The Security And Payment Of All Bonds lssued Pursuant To
This Resolution; Providing Certain Details Of The Series 2015 Bonds; Delegating Certain Matters ln
Connection With The lssuance Of The Series 2015 Bonds To The Executive Director Of The Agency,
lncluding Whether To Secure A Credit Facility And/Or A Reserve Account lnsurance Policy, Within
The Limitations And Restrictions Stated Herein; Appointing Undenruriters, Paying Agent, Registrar,
EscrowAgentAnd Disclosure Dissemination Agent;Approving The Form Of The Preliminary Official
Statement For The Series 2015 Bonds And Authorizing Execution Of The Final Official Statement For
The Series 2015 Bonds; Authorizing The Negotiated Sale Of The Series 2015 Bonds And Approving
The Form And Authorizing Execution Of The Bond Purchase Agreement ForThe Series 2015 Bonds;
Approving The Forms And Authorizing Execution Of Escrow Deposit Agreements For The
Outstanding Prior Bonds; Covenanting To Provide Continuing Disclosure ln Connection With The
Series 2015 Bonds And Approving The Form And Authorizing Execution Of A Continuing Disclosure
Agreement; Authorizing Officers And Employees Of The Agency To Take All Necessary Actions ln
Connection With The lssuance Of The Series 2015 Bonds; And Providing ForAn Effective Date. 2:00
p.m. Second Reading Public Hearinq/Joint Gitv Commission & Redevelopment Agencv
(Finance)
(First Reading on September 30, 2015 - RDA 1C)
(Revised Exhibit B)
5
THIS PAGE INTENTIONALLY LEFT BLANK
6
COMMISSION ITEM SUMMARY
Ensure comorehensive mobilitv addressinq all modes throuohout the citv.
Data (Surveys, Environmental Scan, etc: N/A
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO TNVTTATTON TO BrD (rTB) NO.
2O16.OO2.KB FOR THE PAINTING AND STRIPING OF DEDICATED BIKE LANES.
ltem Summarv/Recommendation :
Advisorv Board Recommendation:
The City is seeking to paint and stripe dedicated bike lanes on 16"' Street from Washington Avenue to Alton
Road. The scope of work under this ITB includes furnishing of all supervision, labor, materials, tools,
equipment and performing all operations required to construct the Work in accordance with the Contract
Documents. The improvements for 16th Streetfrom Washington Avenue to Alton Road will consist of painting
green the existing bike lanes on the eastbound and westbound directions, striping and pavement markings.
ihis project enhinces existing bicycle facilities along 16th Street.
To seek bids for the desired work, ITB No. 2015-OO2-KB, was issued on October 1"t,2015, with a bid
opening date of October gth, 2015. Two (2) addenda were issued. The Procurement Department issued bid
notices to 105 companies. The notices resulted in the receipt of two (2) responses from Atlantic Paving
Company and McShea Contracting, LLC. See tabulation sheet (Appendix A).
The City Manager has considered the bids received, pursuant to ITB 2015-002-KB, and recommends that
the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to
Atlantic Paving Company, the lowest responsive, responsible bidder to the ITB; and further authorize the
Mayor and City Clerk to execute the contract.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida
approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2015-002-KB,
for the painting and striping of dedicated bike lanes.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary: The cost associated with for the painting and striping of dedicated bike
lanes is subiect to the funds availabilitv aporoved throuoh the Citv's budoetinq orocess.
City Clerk's Office Legislative Tracking:
Alex Jose Gonzalez
Sign-Offs:
T:\AGENDA\20
AGENDA ITEM
DATE
Department Dftector Assistant City ffifue;Gity lanager
JHEIE_ Af,_KGB _ M-ttff | lr',r)"n
doc1 S\October\PROCUREMENT\ITB 2016-002-KB Paintinq and Strioinq of Dedicated Bike Lanes -
MIAMIBEACH
ainting Striping
CEG
7
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: October 14th,2015
SUBJECT:REQUEST FOR APPROVAL
TNVTTATTON TO BrD (rTB) NO.
AWARD A CONTRACT PURSUANT TO
FOR THE PAINTING AND STRIPING
OF DEDICATED BIKE LANES.
KEY INTENDED OUTCOME
Ensure comprehensive mobility addressing all modes throughout the city.
FUND!NG
The cost associated with for the painting and striping of dedicated bike lanes is subject to
the funds availability approved through the City's budgeting process.
BACKGROU ND INFORMATION
fhe City is ieeking to paint and stripe dedicated bike lanes on 16th Street from Washington
Avenue to Alton Road. The scope of work under this ITB includes furnishing of all
supervision, labor, materials, tools, equipment and performing all operations required to
construct the Work in accordance with the Contract Documents. The improvements for 16th
Street from Washington Avenue to Alton Road will consist of painting green the existing bike
lanes on the eastbound and westbound directions, striping and pavement markings. This
project enhances existing bicycle facilities along 16th Street.
lTB PROCESS
To seek bids for the desired work, ITB No. 2015-OO2-KB, was issued on October ft,2015,
with a bid opening date of October gth,2015. Two (2) addenda were issued. The
Procurement Department issued bid notices to 105 companies. The notices resulted in the
receipt of two (2) responses from Atlantic Paving Company and McShea Contracting, LLC.
See tabulation sheet (Appendix A).
The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions,
and specifications of the ITB will be recommended for award. ln its due diligence, the
Procurement Department verified that the low bidder, Atlantic Paving Company has met the
requirements of the lTB, including:
1. Previous Experience: Bidder (defined as the Firm) shall have completed or in
the process of completing at least two projects for lane striping and painting
within the last five years.
Atlantic Paving Company. submitted two (2) projects completed in the last five
years which demonstrate their experience in projects for lane striping and
painting as indicated in the lTB.
8
Commission Memorandum
tNVtTATtON TO BtD (TB) NO. 2016-002-KB FOR THE PAINTING AND STRIPTNG OF DEDTCATED B\KE LANES
October 14th, 201 5
?.: .: e 12
Accordingly, Atlantic Paving Company, has been deemed the lowest responsive and
responsible bidde(s) meeting all terms, conditions, and specifications of the lTB.
CITY MANAGER'S REVIEW AND RECOMMENDATION
The City Manager has considered the bids received, pursuant to ITB 2015-002-KB, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve the award of a contract to Atlantic Paving Company, the lowest responsive,
responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the
contract.
RECOMMENDAT!ON
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the City Manager's recommendation pertaining to the bids received,
pursuant to ITB 2015-002-KB, for the painting and striping of dedicated bike lanes.
JLM/MT/KGB/JRG/AD
T:\AGENDA\201S\OctobeAPROCUREMENT\ITB 2016-002-KB Painting and Striping of Dedicated Bike Lanes - Memo.doc
9
EXHIBIT A
VERIFIED BID SIBMITTAL TABULATION
ITB 2016-002-KB - Painting & Striping of Dedicated Bicycle
Lanes
LLC Atlantic Pavi
Lump Sum Amount:
10
COMMISSION ITEM SUMMARY
Condensed Title:
Three ordinance amendments amending Chapters 114,118, 138, and 142 of the Land Development
Regulations (LDR's); Appendix A of the City Code; and Chapters 14, '15, 50, 66, 86, and g8 of the City
Code in order to improve predictability, transparency, and efficiency of fees related to permitting and
land develo
lntended Outcome
T:\AGENDA\201 ees\Land Development Fees - SUM CC First Reading
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etcl 48% of residential respondents and 55o/o of
businesses rate the effort put forth by the City to regulate development is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING
The amendment to the LDR's generally proposes to consolidate fees listed throughout the LDR's into
a single section (Section 118-7). The amendment to the City Code proposes to consolidate and make
more transparent Building, Public Works, Fire, and Planning fees that are related to permitting and
land development.
The amendment to Appendix A proposes that Commercial Permit fees for Planning, Fire, and Public
Works will be 0.70% of the job value of construction, with a minimum fee of $70.00 for commercial
permits per reviewing department; Residential Permit Fees for Planning, Fire and Public Works will be
0.50% of the job value of construction, with a minimum fee of $50.00 per reviewing department; and
that various "stand-alone" and flat fees in "Appendix A" are also being updated, and will be annually
updated based on CPl.
On October 5, 2015, the Finance and Citywide Projects Committee recommended approval of the
proposed ordinance amendments to the Land Use and Development Committee and the City
Commission. On October 7,2015, the Land Use and Development Committee recommended
approval of the proposed Ordinance amendments.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee and Finance and Citywide Projects Committee via separate
motions; and 2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for October 28,2015.
Board Recommendation:
Financial lnformation :
The Planning Board is scheduled to review the proposed ordinance amendment to the LDR's
(Chapters 114, 118, 138, and 142) on October 27 , 2015. (Planning Board File No. 2291).
Source of
Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-
term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City
Administration evaluated the long{erm economic impact (at least 5 years) of this proposed legislative action,
and determined that there will be no measurable imoact on the Citv's budoet.
Thomas Mooney
MIAMIBEACH
11
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
FIRST READING
Regulation and Permit Review Fees
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA;
BY AMENDING CHAPTER 114 ENTITLED "GENERAL PROVISIONS", AT
SECTION 114-7; CHAPTER 118 ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES", ARTICLE I ENTITLED "IN GENERAL", AT
SECTIONS 118.3 AND 118-6, ARTICLE III ENTITLED "AMENDMENT
PROCEDURE", AT SECTION 118.162, ARTICLE IV ENTITLED..CONDITIONAL USE PROGEDURE", AT SECTION 118.193 AND 118.196,
ARTIGLE VI ENTITLED "DESIGN REVIEW PROCEDURES", AT SECTIONS
118-253 AND 118.255, ARTICLE VII ENTITLED "DIVISION OF LAND/LOT
SPLIT", AT SECTION 118.321, ARTICLE VIII ENTITLED "PROCEDURE
FOR VARIANCES AND ADMINISTRATIVE APPEALS", AT SECTIONS 118.
353 AND 118.357, ARTICLE IX ENTITLED "NONCONFORMANCES'" AT
SECTION 118.399, ARTICLE X ENTITLED ..HISTORIC PRESERVATION",
AT SECTIONS 118-562, 118-563, 118-564, AND 118-591; CHAPTER 138,
ENTITLED "S!GNS", AT SEGTIONS 138-135 AND 138-136; CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS", AT SECTION 142.108; AND FURTHER AMENDING CHAPTER 118, ENTITLED..ADMINISTRATION AND REVIEW PROCEDURES", TO CREATE SECTION
118-7 AND 118-8; UPDATING AND CONSOLIDATING THE SECTIONS OFTHE LAND DEVELOPMENT REGULATIONS REQUIRING THE
ASSESSMENT OF FEES IN ORDER TO IMPROVE PREDICTABILITY,
TRANSPARENCY AND EFFICIENCY OF THE CODE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING APPENDIX A, "FEE SCHEDULE"
TO REVISE BUILDING, FIRE, PLANNING, AND PUBLIC WORKS FEES
C(
City
ISSION MEMORANDUM
issionTO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBjECT: Ordinance Amendments - Land
12
Commission Memorandum
Ordinance Amendments - Land Development Regulation and Permit Review Fees
October 14,2015 Page 2 of 4
GHARGED FOR SERVICES RELATED TO LAND DEVELOPMENT AND
PERMTTTING; PROVIDING FOR REPEALER, SEVERABILITY,
GODIFICATION, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, ..BUILDING
REGULATIONS," DIVISION 2, "PERMIT FEES," AT SECTIONS 14.61,14-
62, 14-66, 14-67, 14-68, 14-70, AND 14-72; CHAPTER 15, "ZONING
REVIEW FEE ASSOCIATED WITH THE BUILDING PERMIT PROCESS,"
ARTICLE II, ..ZONING REVIEW FEES ASSOCIATED WITH THE BUILDING
PERMIT PROCESS," AT SECTIONS 15-31 ,15-32, 15-33, 15-34, 15-35, 15-
36, AND 15-37; CHAPTER 50, "FIRE PREVENTION AND PROTECTION,"
AT SECTIONS 50-3, 50-4, 50-5, 50-6, 50-7, AND 50-8; CHAPTER 66,..MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE III,
"PIERS, DOCKS AND BOAT RAMPS," AT SECTION 66-114; CHAPTER 86,
"SALES," DIVISION 2, "PERMIT," AT SECTION 86-56; CHAPTER 98,
,,STREETS AND SIDEWALKS," ARTICLE III, "EXCAVATIONS," DIVISION
2, "PERMIT," AT SECTIONS 98-93 AND 98-94; FURTHER AMENDING
GHAPTER 50, "FIRE PREVENTION AND PROTECTION," TO CREATE
SECTIONS 50-9, 50-10, 50-11,50-12,50-13, 50-14, AND 50-15; CHAPTER
98, "STREETS AND SIDEWALKS," ARTICLE I!I, "EXCAVATIONS,"
DlvlsloN 2, "PERMIT," TO CREATE SECTIONS 98-95,98-96, 98-97, 98-98,
98-99, AND 98-100; UPDATING AND CONSOLIDATING THE SECTIONS OF
THE CITY CODE OF ORDINANCES THAT REQUIRE THE ASSESSMENT
OF FEES FOR PERMITTING SERVICES IN ORDER TO IMPROVE
PREDICTABILITY, TRANSPARENCY AND EFFIGIENCY OF THE GODE;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMM EN DATION
The Administration recommends that the City Commission accept the recommendation of the Land
Use and Development Committee and Finance and Citywide Projects Committee via separate
motions; and approve the attached Ordinances at First Reading, and schedule a Second Reading
Public Hearing for October 28,2015.
BACKGROUND
On October 10,2014, the City Commission approved and directed the city administration to assess
the need for updating its Enterprise Resource Planning (ERP) program in order to automate,
streamline and refine city processes. The City is in the process of implementing the Tyler
Technology software (Munis and EnerGov), to maximize the delivery of services.
On June 10,2015, at the request of Commissioner Malakoff, the City Commission referred an item
to review Planning Department fees, including fees associated with plans review, board
applications and other ministerial functions to the Finance and City Wide Projects Committee, Land
Use and Development Committee, and Planning Board. This amendment is consistent with the
13
Commission Memorandum
Ordinance Amendments - Land Development Regulation and Permit Review Fees
October 14,2015 Page 3 of 4
recommendation of Tyler Technologies as well as EMA, the city's business process analyst, and
includes a comparable analysis and recommendation for Fire, Building and Public Works fees also
associated with the permitting process.
On October 5,2015, the Finance and Citywide Projects Committee recommended approval of the
proposed ordinance amendments to the Land Use and Development Committee and the City
Commission. On October 7, 2Q15, the Land Use and Development Committee recommended
approval of the proposed Ordinance amendments.
ANALYSIS
The City Administration has reviewed the subject sections and is recommending amendments to
the City Code in order to provide as much predictability as possible in the development process,
transparency to the public and efficiency for services associated with the development regulations
and permit review. The recommendations are consistent with the recommendation of Tyler
lndustries and EMA, as it relates to the implementation of an updated ERP program.
Attached are two Ordinance Amendments that accomplish the aforementioned goal. One of the
ordinance amendments proposes changes to the following Chapters of the City Code: Chapter 14,
"Building Regulations;" Chapter 15, "Zoning Review Fee Associated with the Building Review
Process;" Chapter 50, "Fire Prevention and Protection;" Chapter 66, "Marine Structures, Facilities
and Vehicles;" Chapter 86, "Sales;" and Chapter 98, "Streets and Sidewalks."
The other amendment proposes changes to the following sections of the Land Development
Regulations of the City Code: Chapter 1 14, "General Provisions;" Chapter 1 18, "Administration and
Review Procedures;" Chapter 138, "Signs;" and Chapter 142,"Zoning Districts and Regulations" of
the Land Development Regulations. Fees described throughout various sections of the Land
Development Regulations are proposed to refer to a new consolidated fee section (Section 118-7).
ln addition, the amendment removes the ability to request adjustments to after-the-fact fees and
modifies submittal and fee requirements for traffic studies.
Additionally, internal review of code sections and Appendix A shows that certain fees have not
been adjusted in over ten years. This has resulted in decreased recovery of expenses related to
the permitting process. For this reason, the City Administration is proposing to update the
"Appendix A Fee Schedule" in order to more accurately defray costs of administering services
provided by the Planning, Fire, Building and Public Works Departments. The Budget Department
provided guidance in the methodology and targets used in the generation of the proposed fees.
The proposed changes to the fee ordinance include charging a flat rate of 0.70o/o per reviewing
department (2.1Yo cumulative) of job values for commercial permits, and 0.50% (1.0% cumulative)
of job values for residential projects, with a minimum fee of $70.00 for commercial permits and
$50.00 for residential permits, per reviewing department. These rates represent the Departments'
best efforts at estimating the generation of sufficient fees to cover the Departments' costs of
operation as permitted by law. This format of calculating fees is consistent with the current
methodology implemented by the Building Department in 2014, as well as Miami Dade County.
The proposed fees are intended to become effective with the implementation of the new permitting
software which is scheduled to go live on or about April of 2016.
The Planning, Fire and Public Works Departments are proposing amendments to:
14
Commission Memorandum
Ordinance Amendments - Land Development Regulation and Permit Review Fees
Ortaher 14 2015 P"n" 4 "f 4
. Commercial Permit fees for Planning, Fire, and Public Works will be 0.70% of the job value
of construction, with a minimum fee of $70.00 for commercial permits per reviewing
department.. Residential Permit Fees for Planning, Fire and Public Works will be 0.50% of the job value
of construction, with a minimum fee of $50.00 per reviewing department.o Various "stand-alone" and flat fees in "Appendix A" are also being updated, and will be
annually updated based on CPl.
PLANNING BOARD REVIEW
The Planning Board is scheduled to review the proposed ordinance amendment to the Land
Development Regulations (Chapters 114, 118,138, and 142) on October 27,2015.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall
confirm that the City Administration City Administration evaluated the long term economic impact
(at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to
have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the recommendation of the
Land Use and Development Committee and Finance and Citywide Projects Committee via
separate motions; and 2) approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for October 28,2015.
JLM/SMT/TRM/MCS/RAM
T:IAGENDA\201S\OctobeAFees\Land Development Fees - CC First Reading MEM.docx
15
Land Development Regulations Fee Structure
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; BY AMENDING CHAPTER 114 ENTITLED
"GENERAL PROVISIONS", AT SECTION 114-7; CHAPTER 118
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE
I ENTITLED "IN GENERAL", AT SECTIONS 118.3 AND 118.6, ARTICLE
III ENTITLED "AMENDMENT PROCEDURE", AT SECTION 118-162,
ARTICLE IV ENTITLED "CONDITIONAL USE PROCEDURE", AT
SECTION 118.193 AND 118-196, ARTICLE VI ENTITLED "DESIGN
REVIEW PROCEDURES", AT SECTIONS 118.253 AND 118.255,
ARTICLE VII ENTITLED ..DIVISION OF LAND/LOT SPLIT", AT SECTION
118.321, ARTICLE VIII ENTITLED "PROCEDURE FOR VARIANCES AND
ADMINISTRATIVE APPEALS", AT SECTIONS 118-353 AND 118.357,
ARTICLE IX ENTITLED "NONCONFORMANCES", AT SECTION 118-399,
ARTICLE X ENTITLED "HISTORIC PRESERVATION", AT SECTIONS
118-562, 118-563, 118-564, AND 118-591; CHAPTER 138, ENTITLED
"S!GNS", AT SECTIONS 138-135 AND 138-136; CHAPTER 142,
ENTITLED ..ZONING DISTRICTS AND REGULATIONS", AT SECTION
142-108; AND FURTHER AMENDING CHAPTER 118, ENTITLED..ADM!NISTRATION AND REVIEW PROCEDURES", TO CREATE
SECTION 118-t AND 118-8; UPDATING AND CONSOLIDATING THE
SECTIONS OF THE LAND DEVELOPMENT REGULATIONS REQUIRING
THE ASSESSMENT OF FEES IN ORDER TO IMPROVE
PREDICTABILITY, TRANSPARENCY AND EFFICIENCY OF THE CODE;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations of the City Code contain fees for
development review and other services to cover the costs of implementing the regulations
contained therein; and
WHEREAS, the City is in the process of updating of its Enterprise Resource Planning
(ERP) program in order to automate, streamline and refine city processes; and
WHEREAS, in order to facilitate the automation of city processes, it is necessary to
ensure that fees land development fees be as transparent as possible; and
WHEREAS, the City Administration has reviewed the structure of fees associated with
land development and permit review and determined a more efficient, effective and transparent
way to asses fees for these services is necessary; and
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WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF M!AM! BEACH, FLORIDA
SECTION 1. That Chapter 114, 'GENERAL PROVISIONS," is hereby amended, as follows:
Sec. 114-7. - Enforcement.
(d) For purposes of inspection and upon presentation of proper credentials, the city's planning
and zoning director, building official, and director of the department of code compliance or
their authorized representatives, may enter at any reasonable time, any building, structure
or premises, for the purpose of determining whether these land development regulations
are being violated. ln the event violations of these land development regulations are found
on a given premises, the building official and the director of the department of code
compliance, historic preservation and urban design director or their authorized
representative, are empowered to issue notices of violation to the owner of such premises
and to any persons responsible for creating or maintaining the violations. Additionally, the
building official may stop work on projects which violate these land development regulations
with respect to materials, work, grades, use or other regulations or provisions thereof.
ien
(1) Zening eemplianee letters where a department is requested te determine eemplianee
er previde zening data related te imprevemente en existing er prepesed preserty,
family distriets and a fee as previded in appendix A fer zening eemplianee letters in all
ether distriets er general interpretatien letters, There shall be a fee as previded in
SECTION 2. That Chapter 118, "Administration and Review Procedures," Article l, "ln General,"
is hereby amended as follows:
Sec. 118-3.@.
Where these land develepment regulatiens require the submittal ef a mailing list in
eenjunetien with an applieatien fer a publie hearing; the applieant may request that the eity
Sec. 118-6. - Use of, and cost recovery for, consultants for applications for development
approval.
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(d) Requirements for selection of a city consultant and procedures for payment. Prior to the
applicant submitting an application for development approval, the applicant shall meet with
city staff to determine the types of studies and/or reports required for the proposed project,
as well as the methodology to be followed as part of the production of the study.
(1) When an applicant is required to submit, as part of an application for development
approval, a traffic or any other technical study and/or report, the applicant shall prepare
the required studv/report usino its own consultant. raay-eleet-either:
@
B, Te prepare a required study/repert using its ewn eensultant,
(2) lf an applieant eleets te prepare a required study/repert using its ewn eensultant; then
The city shall review the study/report, and shall retain a consultant from the city's
approved list having the necessary expertise to perform such review. The applicant
shall be responsible for all costs associated with the city's consultant review, and shall
pay for the costs associated with the city's consultant review prior to proceeding to
approval of the application by the applicable land use board.
the eests asseeiated with the eensultant's preparatien ef the study/repert; ne additienal
(3) lf an applieant eleets te autherize the eity te retain a eensultant frem the eity's appreved
felle$rs'
sfuay+epe*)=
C, The quete shall be based en fair market value and inelude a "net to exeeed"
eemptee+ne-wer*,
eensultant then, prier te eemmeneement ef any werk by the seleeted eensultant;
eity staff shall require the applieant te depesit with the eity an ameunt equal te the
"net te exeeed" ameunt ef the queted eest,
€enEulten+
F, Netwithstanding anything in this seetien; the applieant shall be selely respensible
fer all eests and fees asseeiated with the eensultant's preparatien ef the required
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(4) lf an applieant eleets te prepare a required study/repert using its ewn eensultant; then
the eity shall retain a eensultant frem the eity's appreved list having the neeessary
expertise and time te review the study/repert,
(5) The preeedures fer seleetien ef; and payment fer; a eity eensultant retained under
ei
(e) [City not liable.] ln no event shall the city be held liable, whether to applicants and/or third
parties, for any work and/or services rendered by any consultant on the city's approved list,
and/or otherwise in connection with a consultant's preparation or review of any study and/or
report contemplated herein.
(0 Expert reports and appearances.
(1) All required consultant or expert studies and/or reports, including those requested by a
board, shall be provided to the city in written form, supplemented with digital format
when available.
(2) Applicant's reports and/or studies shall be submitted to the erty ptanninq departmenk
minimum of 60 davs prior to the board hearino ie
Rebuttal reports submitted by opponent's
consultants shall be submitted to the city no less than firTs 30 workinq days before the
public hearing. Failure to meet these deadlines shall result in the subject reporUstudy
being deemed inadmissible for that public hearing, subject to a waiver of this
inadmissibility by a 5/7 vote of the applicable board.
(3) Consultants or experts submitting reports/studies for consideration at public hearings
must appear at the public hearing in order to allow for questions from the board and/or
cross-examination. This provision may be waived by a 517 vote of the applicable board,
authorizing the reporUstudy to be sufficient for the purposes of the subject public
hearing.
Sec. 118-7. - Fees for the administration of land development resulations.
The fees identified herein. and as outlined in Appendix A are for the purpose of defravinq
expenses for public notices, and administrative costs associated with processinq and analvzino
the request. These fees shall be evaluated and adiusted annuallv based on the consumer price
index for all urban consumers (CP|-U). No application shall be considered complete until all
requested information has been submitted and all applicable fees paid. The cost associated
notice is the responsibilitv of the applicant. There shall be no refund or adiustment of fees. Anv
unpaid fees. includinq fees assessed for failure to appear before a board. shall become a lien
aqainst the propertv.
(g) Amendment to the Land Use Requlations. Zonins Map. Comprehensive Plan. Future
Land Use Map
Anv applicant requesting a public hearino on anv application for an amendment pursuant to
Section 118-162 shall pav. upon submission, all applicable fees in subsections (1) throuoh
(4) below:
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(lf Application for public hearino (text or map amendment).
(!) Amendment pursuant to 1 18-'t62 (a) shall oav a fee for each:
i) Amendment to permitted. conditional, or prohibited uses in a zoninq cateqorv. or
ii) Amendment to permitted. conditional. or prohibited uses in the comprehensive plan
(Q Amendment pursuant to 1 18-162 (a) shall pav a fee per square foot of lot area for:
i) Amendment of zoninq map desionation, or
ii) Amendment on the future land use map of the comprehensive plan
([) Amendment pursuant to subsection 1 18-162 (b) of this section shall pav a fee for each:
i) Amendment to the land development requlations (per section), or
ii) Amendment to the comprehensive plan (per Goal. Policv or Obiective).
(!) Gonditional Use Permits
Anv applicant requestinq a public hearino on anv application for conditional use permits.
pursuantto Section 118-193 shall pav upon submission all applicablefees in subsection (1)
throuoh (10) below:
(l) Application for public hearino (conditional use permit).
(2) Per bed fee for an adult conqreqate livinq facilitv.
(Q Application for amendment of an approved board order.
{g Application for clarification of an approved board order.
(Q Application for extensions of time of an approved board order.
(Q) Withdrawals and continuances. lf an applicant withdraws or requests a continuance of
an application prior to the date of the public hearinq a fee to defrav the costs of
schedulinq the new public hearinq shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the cancellation of the orioinal public hearinq and
establishment of the revised hearinq date mav be required.
(l) Deferral of public hearino. lf the applicant requests a deferral of a public hearino. a fee
equal to the total application fee shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the deferral of the oriqinal public hearinq and
establishment of the revised hearino date shall be required. lf deferment or clarification
of conditions is requested bv the administration or the board. there will be no additional
fee.
(9) Application for afterthe-fact approval shall incur triple fees, excludinq advertisement,
mail, and postinq fees as applicable.
(p) Status report.
(] !) Prosress report.
(g) Desiqn Review
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Anv applicant requestinq a public hearinq on anv apolication for desiqn review board
approval. pursuant to Section 118-253 and 254. shall pav, upon submission, all applicable
fees in subsection (1) throuoh (11) below:
fl) Application for a preliminarv evaluation of a proiect before the desiqn review board
tA Application for public hearino (Board approval).
(Q Application for desiqn review approval fee per square foot of floor area.
g) Application for amendment of an approved board order.
(!) Withdrawals and continuances. lf an applicant withdraws or requests a continuance of
an application prior to the date of the public hearinq a fee to defrav the costs of
schedulins the new public hearino shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the cancellation of the oriqinal public hearinq and
establishment of the revised hearino date mav be required.
(Q) Deferral of public hearinq. !f the applicant requests a deferral of a public hearino. a fee
equal to the total application fee shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the deferral of the oriqinal public hearinq and
establishment of the revised hearinq date shall be required. lf deferment or
clarification of conditions is requested bv the administration or the board, there will be
no additionalfee.
A Application for clarification of an approved board order.
(g) Application for extensions of time of an approved board order.
P) Application for afterthe-fact approval shall incur triple fees. excludino advertisement,
mail. and postinq fees as applicable.
( !) Status report.
(11) Prooress report.
(3!) Land / Lot Split
Anv applicant requestino a public hearino on anv application for a lot split pursuant to
Section 118-321 shall pav, upon submission. all applicable fees in subsection (1) throuoh (7)
below:
(1) Application for public hearinq
tA Application for amendment of an approved board order.
(Q Withdrawals and continuances. lf an applicant withdraws or requests a continuance of
an application prior to the date of the public hearino a fee to defrav the costs of
schedulinq the new public hearing shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the cancellation of the oriqinal public hearinq and
establishment of the revised hearinq date mav be required.
(D Deferral of public hearino. lf the applicant requests a deferral of a public hearino, a fee
equal to the total aoplication fee shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the deferral of the oriqinal public hearinq and
establishment of the revised hearino date shall be required. lf deferment or clarification
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of conditions is requested bv the administration or the board, there will be no additional
fee.
(!) Application for clarification of an approved board order.
(Q) Application for extensions of time of an approved board order.
(Z) Application for afterthe-fact approval shall incur triple fees. excluding advertisement.
mail. and postino fees as applicable.
(Q Status report.
€) Proqress report.
(g) Variances
Anv applicant requestino a public hearins on anv application pursuant to Section 118-353
shall pav, upon submission, the applicable fees in subsection (1) throuqh (1 1) below:
fll Application for public hearino
{A Fee per variance requested.
(Q Application for amendment of an approved board order.
til Withdrawals and continuances. lf an applicant withdraws or requests a continuance of
an application prior to the date of the public hearino a fee to defrav the costs of
schedulino the new oublic hearino shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the cancellation of the oriqinal public hearino and
establishment of the revised hearino date mav be required.
(!) Deferral of public hearinq. lf the applicant requests a deferral of a public hearinq, a fee
equal to the total application fee shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the deferral of the oriqinal public hearinq and
establishment of the revised hearinq date shall be required. lf deferment or
clarification of conditions is requested bv the administration or the board. there will be
no additionalfee.
(Q) Application for clarification of an approved board order.
A Application for extensions of time of an approved board order.
(g) Application for after-the-fact approval shall incur triple fees. excludinq advertisement,
mail, and postino fees as applicable.
€) Status report.
flQ) Proqress report.
(1'Q ApplicanUowners requestinq a variance shall pav one half of the total fee with proof of
homestead or primarv occupancv of the subiect propertv from the Miami-Dade Countv
Propertv Appraiser's Office. ApplicanUowner shall pav 100% of the required notice
fee.
(!) Certificate of Appropriateness
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Anv applicant requestins a public hearino on anv application pursuant to Section 118-562 -
564. shall pav. upon submission, the applicable fees in subsection (1) through (12), below:
fl-) Application for a preliminarv evaluation of a proiect before the board.
tA Application for public hearinq.
(Q Application for certificate of appropriateness fee per square foot of floor area.
{!) Application for amendment of an approved board order.
(Q Withdrawals and continuances. lf an applicant withdraws or requests a continuance of
an application prior to the date of the public hearino a fee to defrav the costs of
schedulino the new public hearino shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the cancellation of the orioinal public hearinq and
establishment of the revised hearinq date mav be required.
(Q) Deferral of public hearino. lf the applicant requests a deferral of a public hearinq. a fee
equal to the total application fee shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the deferral of the oriqinal oublic hearinq and
establishment of the revised hearino date shall be required. lf deferment or
clarification of conditions is requested bv the administration or the board, there will be
no additionalfee.
A Application for clarification of an approved board order.
(g) Application for extensions of time of an approved board order.
(p) Application for after{he-fact approval shall incur triple fees. excludinq advertisement,
mail, and postinq fees as applicable.
fl!) Structural Enoineerinq Reoorts or Reviews as required.
(!!f Status reports.
(l!) Proqress reports.
(g) Historic Desiqnation
Anv applicant other than the citv commission, a citv board or other citv official applicant
requestinq a public hearinq on anv application pursuantto Section 118-591. shall pav. upon
submission. the applicable fees in subsection (1) throuoh (9) below:
(l) Application for public hearino.
tA Applications for district desiqnation per platted lot fee.
(Q Application for amendment of an approved board order.
g) Withdrawals and continuances. lf an applicant withdraws or requests a continuance of
an application prior to the date of the public hearinq a fee to defrav the costs of
schedulino the new public hearinq shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the cancellation of the oriqinal public hearinq and
establishment of the revised hearino date mav be required.
(!) Deferral of public hearinq. lf the applicant requests a deferral of a public hearinq, a fee
equal to the total application fee shall be assessed. Pavment of a mail notice fee to
notifv the propertv owners of the deferral of the orioinal public hearinq and
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establishment of the revised hearino date shall be required. lf deferment or
clarification of conditions is requested bv the administration or the board. there will be
no additionalfee.
(Q) Application for clarification of an approved board order.
A Structural Enoineerinq Reports or Reviews as required
(Q Status reports
p) Proqress reports
An application for the individual desiqnation of a sinole-familv home shall not require a fee.
([) Determination of Architectural Sisnificance
Anv aoplicant requestino a determination of architectural sionificance. pursuant to Section
142-108. shall pav, upon submission all applicable fees in subsection (1) below:
(]) Application for a determination of architectural sionificance bv plannino director.
Q Staff review and miscellaneous fees
ln the course of the administration of the land development reoulations the department shall
impose a fee for services and items outlined below:
fll Board order recordino.
@ Zoninq verification letters.
p) Zoninq interpretation letters.
![) Reserved.
(Q Courier.
(Q) Research.
{L Excessive review.
(g) Review of covenants and easements.
€) Failure to appear before a board for status or prooress report.
fl_Q Permits for work not identified in appendix A. lf it is determined that no specific fee
cateoory directlv matches a permit application request. the planninq director mav
identifv a cateqorv that closelv matches the level of effort or determine what the work
will be charoed based on the time dedicated for plans review and inspection. The
department director mav require an upfront fee and a deposit to cover the estimated
cost of the services to be provided.
(1'D Modification or release of covenant or easement.
t12) Recordinq fee per paoe.
fl_O Paint permit (non-online applications).
{14) Sions (not requirinq a buildins permit).
flO Submittal conversion to electronic format.
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(i) Fee in lieu of providins required parkinq
(lf One{ime fee in lieu of providinq required parkinq
tA Yearlv pavment fee in lieu of providinq required parkino
SEGTION 3. That Chapter 118, "Administration and Review Procedures," Article lll,
"Amendment Procedure," is hereby amended as follows:
Sec. 118-162. - Petition for changes and amendments.
(c) The applicant or his representative shall file an application with the planning, design and
historic preservation division in accordance with a form approved by the city attorney and
shall supply all information pertinent to the proposed amendment as requested by the
planning, design and historic preservation division.
(d) Anv applicant requestino a public hearinq on anv application pursuant to this section shall
pav, upon submission, the applicable fees in section 118-7. No application shall be
considered complete until all requested information has been submitted and all applicable
fees paid.
ien
(1) Amendment pureuant te subseetien (a) ef this seetiem ehange ef zening map
previeee in appenazeni in
previaeO in appe
The fees in subseetiens (d) (1), (2) are fer the purpese ef defraying expenses ef publie netiees;i ing
(e) Upon receipt of a completed application, the planning and zoning director shall transmit the
application along with his analysis and recommendations regarding the proposed
amendment to the planning board for review.
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SECTION 4. That Chapter 118, "Administration and Review Procedures," Article lV,
"Conditional Use Procedure," is hereby amended as follows:
Sec. 118-193. - Applications for conditional uses.
Applications for approval of a conditional use shall be submitted to the planning
department, which shall prepare a report and recommendation for consideration by the planning
board, and when required, by the city commission. Within a reasonable time, but in no instance
less than 30 days after receipt of a completed application, the board shall hold a public hearing,
at which parties in interest and citizens shall have an opportunity to be heard. At least 30 days
prior to the public hearing date, a description of the request, and the date, time and place of
such hearing shall be (i) posted on the property, (ii) advertised in a paper of general paid
circulation in the community, and (iii) given by mail to the owners of record of land lying within
375 feet of the property. This mailed notification requirement shall be the responsibility of the
applicant. Anv applicant requestinq a public hearinq on anv application pursuant to this section
shall pav, upon submission, the applicable fees in section 118-7. No application shall be
considered complete until all requested information has been submitted and all applicable fees
paid.
Sec. 118-196. - Pees-ReservCS!.
The fees in this seetien are fer the purpese ef defraying expenses ef publie netiees and
et{i€r administrative eests in eenflectien with preeessing applieatiens,
(1) Any applieant requesting and ebtainirg a publie hearing befere the planning beard shall
@
eenditiens er an extensien ef time shall require a payment ef fee as previded in
appenC*,+
ire-a
( l) lf an applieant withdraws his applieatien prier te the dale ef the publie hearing and
ewners ef the eaneellatien ef the eriginal publie hearing and establishmenl ef the
@
eests shall be assessed; hewever; the fee shall net be less than as previded in
appendixaA-
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(6) A fee as previded in appendix A shall be required in erder te file an appeal ef the
ptanning and zenin
ien=
(7) Any after the faet eenditienal use applieatien shall auternatieally ineur triple fees,
ef the eenditienal use applieatien, The adjusted after the faet fee shall net be less than
@
SECTION 5. That Chapter 118, "Administration and Review Procedures," Article Vl, "Design
Review Procedures," is hereby amended as follows:
Sec. 118-253. - Application for design review.
(a)The applicant shall obtain a design review application from the planning department,
which shall be responsible for the overall coordination and administration of the design review
process. When the application is complete, the planning department shall place the application
on the agenda and prepare a recommendation to the design review board. The planning
department shall determine the date on which the application will be heard by the board;
however, the board shall consider the application and planning department recommendation at
the next available meeting date after the submission of a completed application to the planning
department. Anv apolicant requestino a public hearinq on anv application pursuant to this
section shall pav, upon submission, the aoplicablefees in section 118-7. No application shall be
considered complete until all requested information has been submitted and all applicable fees
paid.
(b)ln the event the applicant seeks a preliminary evaluation of a project from the board for
information and guidance purposes only, an application for preliminary evaluation shall be
required. The planning director, or designee, shall determine the supplemental documents and
exhibits necessary and appropriate to complete an application for a preliminary evaluation; the
required supplemental documents and exhibits shall serve to describe and illustrate the project
proposed in the application in a manner sufficient to enable the board to provide general
comments, feedback, information and guidance with respect to the application. Preliminary
evaluations by the board shall be for informational purposes only; a preliminary evaluation by
the board shall not constitute a binding approval, nor shall any comments, feedback, information
or guidance provided by the board be binding upon the board during subsequent review of the
preliminary application or a related final application. The board may provide a general comment,
feedback, information and guidance during the initial hearing on the application for preliminary
evaluations, and may continue discussion on a preliminary evaluation to subsequent meetings
in order for the applicant to better address any specific concerns raised by the board or staff, or
may elect to terminate the preliminary evaluation process after providing general comments. All
preliminary evaluations shall be subject to the noticing requirements provided in section 118-
254. Preliminary evaluations shall not constitute a design review approval, and therefore an
applicant acquires no equitable estoppel rights or protections of any kind, type or nature based
upon the filing or review of the preliminary evaluation application. The board will not issue an
order either approving or denying a project or take any formal action on preliminary evaluation
application. Preliminary evaluations shall not entitle applicants to any of the benefits accorded to
applicants who have received design review approval, inclusive of appeals or rehearings.
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Except as used in this section, the use of the phrase "application" throughout this article refers
to a completed application for approval and not to a preliminary evaluation application--An
noti€e=
(e) The design review beard may; at its sele diseretien; en an individual; ease by ease basis;
first, a binding; preliminary eeneept appreval en the issues ef urbanism; massing and siting;
This twe step preeess shall be subjeet te the fellewing:
fer final appreval; er the entire applieatien sha{l beeeme null and veid, The beard; at its
frem the date ef prelirninary eeneept appreval en the issues ef urbanism' massing and
ime
Vear trem tne eate ien-
Sec. 118-255. - Reserved Feee.
(1) An applieatien fer a preliminary evaluatien ef a prejeet befere the design review beard
ie+
inc
in
appendix+tr
( l) An applieatien pertaining enly te signs; awnings and windew replaeements, shall
(5) An applieatien pertaining enly te paint shall require a fee as previded in appendix A,
13 of 25
28
(7) lf a deferment er elarifieatien ef eenditiens is requested by the beard; there will be ne
aCditiena{-fee,
(8) lf the applieant remeves his file frem the agenda after it has been aeeepted by the
t+e-apptiea+ien+ee,
(9) An applleatien pertaining te extensiens ef time shall require a fee as previded in
appenCix+
(10) Any after the faet applieatien shall ineur triple fees,
isn
ing
eireumstanees that warrant sueh an adjustment, The request fer a fee adjustment
applea+ien+e+
@
1, Part ef the design review beard er the jeint design revie#histerie preservatien
sta#-leve++evi€rrJ-
e, lf a request fer an adjustmer* te the after the faet fee fer a staff level review is
i@
(11)Miner revisiens te previeusly appreved plans shall require a fee as previded in
(12) Majer fevisiens te plans previeusly appreved by the beard shall require a base fees as
previAeA in appen
(13) Appeal ef a staff deeisien te the beard shall reguire a fee as previded in appendix A
previaee in appen
eBBeel=
(1 l) An applieatien pertaining te the rehearing ef a prejeet shall require a fee ef ene half ef
t+e-erigina+{ee=
(b) The fee sehedule in subseetien (a) ef this seetien is previded te defray the eests asseeiated
with the administratien ef this seetien,
SEGTION 6. That Chapter 118, "Administration and Review Procedures," Article Vll, "Division
of Land/Lot Split," is hereby amended as follows:
Sec. 118-321. - Purpose, standards and procedure.
14 of 25
29
A. Procedure.
(1) All applicants shall provide as part of the application process copies of all deed
restrictions, reservations or covenants applicable to the building site, lot, plot or
parcel of land being considered for division or split, and an opinion of title that, as
of a date not more than 120 days before the planning board's decision upon the
application, none of such matters prevent or serve as exceptions to the division or
split requested. No variance from this requirement shall be allowed.
(2) Anv applicant requestino a public hearinq on anv application pursuant to this
section shall pav upon submission all applicable fees in section 118-7. No
application shall be considered complete until all requested information has been
rrbritt"d and all applicable fees paid.
er separatien ef building sites shall pay the fee fer divisien ef let er let split as
expenses ef publie netiees and ether administrative eests in eenneetien with
(3) lf a deferment er an extensien ef time is requested by the applieant, an additienal
(4) lf a request fer a deferral is subrnitted by the administratien er the planning beard,
(5) lf the applieant withdraws the applieatien after it has been aeeepted by the
ieing ef the request, the eity shall
D, Preeedare te request adjustment te the after the faet fae, The ?lanning beard may
apptiea*ien+e+
SECTION 7. That Chapter 118, "Administration and Review Procedures," Article Vlll,
"Procedure for Variance and Administrative Appeals," is hereby amended as follows:
Sec. 118-353. - Variance applications.
15of25
30
(a) An application for a variance for the following items is prohibited: Floor area ratio, required
parking (except as provided for in these land development regulations), a request
pertaining to the reduction of an impact fee, lot area when determining floor area ratios,
maximum number of stories, or any maximum building height variance greater than three
feet. Anv applicant requestinq a public hearinq on anv application pursuant to this section
shall pav. upon submission, the applicable fees in section 118-7. No application shall be
considered complete until all requested information has been submitted and all applicable
fees paid.
*
Sec. I18-357. - Fees-Reserved
The fee sehedule in this seetien is established fer the purpese ef defraying expenses ef
with these land develepment regulatiens; er a request fer the beard te elariff a eenditien;
@i€ie+
(1) Varianees; appeals frem administrative deeisiens and signs:
in appenAix n ter e
@
e, Fer an appeal frem an administrative deeisien there shall be a fee as previded in
appendix+tr
d, Fer signs there shall be a fee as previded in appendix A; plus a fee as previded in
@
@
fel{ews:
x
A
g, Fer multifamily;
e, Fer an appeal frem administrative deeisien there shall be a fee as previded in appendix
A
d, Fer signs there shall be a fee per varianee er sign whiehever is greater as previded in
aBpendix+tr
16 of 25
31
ef an applieant' there will be ne additienal fee,
( l) When an applieant requests a elarifieatien; extensien ef time, an amendment te a
ing
fees and ne further refund shall be made,
(7) After the faet varianees shall autematieally ineur triple fees, Netwithstanding this
The reguest fer a fee adjustment shall be in writing and made part ef the varianee
ien
fee=
SECTION 8. That Chapter 118, "Administration and Review Procedures," Article lX,
"Nonconformances," is hereby amended as follows:
Sec.118-399. -
.
The fellewing preeedtre is enly applieable te zening vielatien netiees fer buildings er
i are gelew the mini
eity, Units shall be defined as apartment units; hetel units and adult eengregate living faeility
uRits=
(1) e#iens, Upen reeeiving a zer+ing vielatien netiee relating te units whieh are illegally
enfereement speeial master at the seheduled hearing and state whieh ef the fellewing
i ish te veluntarily eenferm with this seetien by eemplying
with the belew preeedures, The er*ner rnay either:
in__a+
eertifieate ef eeeupaney er eertifieate ef eempletien, whiehever is apprepriate,
within six menths frem the date the zening vielatien netiee was reeeived; er
17 of 25
32
e, Establish these units as legally neneenferming by;
1, Paying a fee as previded in appendix A' plus a preeessing fee as previded in
ie
@
r€€eived:
i ier
te September 30; 1987; er if at a subsequent date; the ewner must submit
preef ane an atiA Oitiens in tne OulUing
ii, fnese hne eev ingr
@
lf the building is leeated within an histerie distriet er histerie site as deflned in
these land develepment regulatiens, all exterier and publie interier
imprevements sn
ins
aepa*men+
iii
i
v, Seetien 58 176 et seq,; pertaining te preperty maintenanee standards,
in+
vi, Owner must have paid and rnet all requirements with regard te permit and
lieense fees,
vii, Owner must have ne eutstanding eity liens en the preperty in questien,
lf the preperty ewner dees net eemply with all ef the abeve within six menths ef the
eede enfereement speeial master fer the existing vielatiens,
with the zening vielatiens in questien te the
eede er requirement; er six menths frem the date ef the zening vielatien netiee in
asjellews:
18 of 25
33
@
ianee=
@
ie+
Upen reeeipt by the planning department frem all affeeted departments that there are
@in+
399(+)+
e, lf eemplianee with this preeedure weuld require the ewner te make imprevements
(4) Subsequent renevatiens greater than 50 pereent ef value ef strueture er replaeement
value. lf a building eemes inte eernplianee pursuant !e the eptien in subseetien 118
the value determinatien ef the preperty if leeated nerth ef Sixth Street er 50 pereent er
@
SECTION 9. That Chapter llS, "Administration and Review Procedures," Article X, "Historic
Preservation," Division 3, "lssuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition," is hereby amended as follows:
Sec. 118-563. - Review procedure.
Anv applicant requestino a public hearinq on anv application pursuant to this section shall pav,
upon submission. the applicable fees in section 118-7. No application shall be considered
complete until all requested information has been submitted and all applicable fees paid.
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34
(h) ln the event the applicant seeks a preliminary evaluation of a project from the board for
information and guidance purposes only, an application for preliminary evaluation shall be
required. The planning director, or designee, shall determine the supplemental documents
and exhibits necessary and appropriate to complete an application for a preliminary
evaluation; the required supplemental documents and exhibits shall serve to describe and
illustrate the project proposed in the application in a manner sufficient to enable the board
to provide general comments, feedback, information and guidance with respect to the
application. Preliminary evaluations by the board shall be for informational purposes only; a
preliminary evaluation by the board shall not constitute a binding approval, nor shall any
comments, feedback, information or guidance provided by the board be binding upon the
board during subsequent review of the preliminary application or a related final application.
The board may provide general comment, feedback, information and guidance during the
initial hearing on the application for preliminary evaluations, and may continue discussion
on a preliminary evaluation to subsequent meetings in order for the applicant to further
address any specific concerns raised by the board or staff, or may elect to terminate the
preliminary evaluation process after providing general comments. All preliminary
evaluations shall be subject to the noticing requirements provided in subsection 1 18-8.
Preliminary evaluation applications shall not constitute a certificate of appropriateness
approval, and therefore an applicant acquires no equitable estoppel rights or protections of
any kind, type or nature based upon the filing of the preliminary evaluation application. The
board will not issue an order either approving or denying a project or take any formal action
on preliminary evaluation applications. Preliminary evaluations shall not entitle applicants to
any of the benefits accorded to applicants who have received certificate of appropriateness
approval, inclusive of appeals or rehearings. Except as used in this section, the use of the
phrase "application" throughout this article refers to a completed application for approvalandnottoapreliminaryevaluationapplication.ien
fer a preliminary evaluatien at any time; previded, hewever, that ne fee shall be refunded in
the event the withdrawal is made after the giving ef netiee,
Sec. 118-564. - Decisions on certificates of appropriateness.
Anv applicant requestinq a public hearino on anv application pursuant to this section shall pav,
upon submission, the applicable fees in section 118-7. No application shall be considered
complete until all requested information has been submitted and all applicable fees paid.
(7) Reserved. ray+ng+xpenses
ef publie netiees and ether adrninistrative eests in eenneetien with preeessing
ien
previ by staff, Hewever, after the faet
20 of 25
35
1, Netwithstanding the abeve previsien, the beard may adjust the after the faet
inc
@
fer a staff level review,
iew-e
ef seheduling the new publie hearing; te netify the preperty ewners ef the
eaneellatien ef the eriginal publie hearing and establishment ef the revised hearing
det+
e, lf an applieant withdraws an applieatien prier te an advertised publie hearing; ene
SECTION 10. That Chapter 118, "Administration and Review Procedures," Article X, "Historic
Preservation," Division 4, "Designation," is hereby amended as follows:
Sec. 118-591. - Historic deslgnation procedure.
Anv applicant other than the citv commission, a citv board or other citv official. requestino a
public hearino on anv application pursuant to this section shall pav, upon submission. the
applicablefees in section 118-7. No application shall be considered complete until all requested
information has been submitted and all applicable fees paid.
(a) Requests for designation.
(1) Requests for designation of an individual historic site or district may be made to the
historic preservation board by motion of the board, the city manager, by resolution of
the planning board or city commission, by any property owner in respect to his own
property, by a majority of property owners of record within a proposed district, by
resolution of the county historic preservation board, or by resolution of any organization
whose purpose is to promote the preservation of historic sites.
(2) Proposals for designation shall include a completed application form available from the
planning department.
ether eity effieial as set eut in subseetien 118 591(aX1)fer site designatien shall
i
21 of 25
36
ether eity effieial a+ set eut in subseetien 1 18 591(a)(1) fer distriet designatien shall
(g) Designation procedures initiated by owners of single-family homes in single-family districts.
Notwithstanding the above, the following shall apply to any request by property owners for
the individual designation of their single-family homes as historic structures:
Public notice requirements. At least 30 days prior to the public hearing date for the
subject designation, a description of the request with the time and place of the public
hearing, shall be advertised in a paper of general paid circulation in the community.
Reserved. Fee, An applieatio
@
SECTION 11. That Chapter 138, "Signs," Article lV, "Temporary Signs," is hereby amended as
follows:
Sec. 138-135. - Real estate signs-Single-family residential.
(e) Special conditions for these real estate signs shall be as follows:
(5) Each primary sign shall receive a permit from the license department, which shall
charge a fee as set forth in appendix A per primary sign or at no cost if permit(s) is
applied for and obtained online. There shall be no additional charge for strip or "open
house" type signs.
Sec. 138-136. - Real estate signs-Multifamily, commercial, industrial, vacant land.
(e) Special conoitionJtor these real estate slgns snatt be as tottowi:
***
(5) Each individual sign shall receive a permit from the license department which shall
charge a fee per sign as provided in appendix A or at no cost if perm
and obtained online.
(2)
(3)
22 of 25
37
SECTION 12. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, 'RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," is hereby
amended as follows:
Sec. 142-108. - Provisions for the demolition of single-family homes located outside of
historic districts.
(a) Criteria for the demolition of an architecturally significant home. Pursuant to a request for a
permit for partial or total demolition of a home constructed prior to 1942, the planning
director, or designee, shall; or independently may, make a determination whether the home
is architecturally significant according to the following criteria:
(1) The subject structure is characteristic of a specific architectural style constructed in the
city prior to 1942, including, but not limited to, Vernacular, Mediterranean Revival, Art
Deco, Streamline Moderne, or variations thereof.
(2) The exterior of the structure is recognizable as an example of its style and/or period,
and its architectural design integrity has not been modified in a manner that cannot be
reversed without unreasonable expense.
(3) Significant exterior architectural characteristics, features, or details of the subject
structure remain intact.
(4) The subject structure embodies the scale, character and massing of the built context of
its immediate area.
The date of construction shall be the date on which the original building permit for the
existing structure was issued, according to the City of Miami Beach Building Permit Records. lf
no city building permit record exists, the date of construction shall be as determined by the
Miami-Dade County Property Appraiser.
Anv applicant requestino a determination as to the architectural siqnificance of anv sinole-
familv home constructed priorto 1942 shall pav upon submission all applicable fees in section
118-7. No application shall be considered complete until all requested information has been
submitted and all applicable fees paid. Within ten davs of postinq anv required notice.
interested persons mav submit information to the planninq director to take into consideration in
evaluatino the application. The director shall file the determination with the citv clerk no later
than five (5) davs after the decision is made.
heme eenstrueted pr ing
the ewnership list and mailing labels are a eemplete and aeeurate representatien ef the real
given PV mait te tfie
in
23 of 25
38
three days ef the reeeipt ef the netiee, Within ten days ef pesting the netiee; interested persens
(i) New construction procedures for single-family homes demolished without required
approvals or permits. For those properties where a single-family home constructed before
1942 was demolished without prior approval of the planning department, the design review
board or the single-family residential review panel, and without the required permits from
the building official, in addition to any other applicable law in this Code or other codes, the
following shall apply prior to the issuance of any building permit for any new construction on
the subject site:
(9) Fees, The fee sehedule belew is previded te defray the eests asseeiated with the
in
appenaix-+
e, lf a eentinuanee er elarifieatien ef eenditiens is requested by the beard; there willffi
a, f tne apptieant
1, Netwithstanding the abeve previsien' the design review beard may adjust the
appliea+ien+ee
ien=
f, Revisiens te plans previeusly appreved by the beard shall require a base fee as
sEcTtoN 13. COpTFICATION.
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 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.
24 of 25
39
SECTION 14. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed.
SEGTION 1 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SEGTION 16. EFFECTIVE DATE.
This Ordinance shall take on April 1 ,2016 following adoption.
PASSED and ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
APPROVED AS TO
Rafael E. Granado, City Clerk
&F CUTION
Date
First Reading:
Second Reading:
October_,2015
October_,2015 {_,
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Strike$+eugh denotes deleted language
[Sponsored by Commissioner Joy Malakoffl
T:\AGENDAVO15\October\Fees\Land Development Fees - ORD CC First Reading.docx
FORM AND LANGUAGE
25 of 25
40
LAND DEVELOPMENT AND PERMITTING FEES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A, ..FEE
SCHEDULE" TO REVISE BUILDING, FIRE, PLANNING, AND PUBLIC
WORKS FEES CHARGED FOR SERVICES RELATED TO LAND
DEVELOPMENT AND PERMITTING; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and generalwelfare of its citizens; and
WHEREAS, the City Code of Ordinances contains fees for development review,
permitting, and other services to cover the costs of implementing the regulations
contained therein; and
WHEREAS, the City Administration has reviewed the structure of fees
associated with land development and permit review and determined a more efficient,
effective and transparent way to asses fees for these services is necessary; and
WHEREAS, in an effort to align revenues to the incurred costs of review for land
development and permitting services a modification to the fees assessed for such
services is warranted; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Appendix A "Fee Schedule", is hereby amended as attached in "Exhibit A."
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. GODIFICATION.
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 relettered to accomplish
41
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
lf 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 on April 1,2015 following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Underscore denotes new language
Stri*etnrcugn denotes deleted lang uage
[Sponsored by Commissioner Joy Malakoffl
APPROVED AS TO
FORM AND LANGUAGE
City Attorney
lt,/,
tfOR EXECUTION'/-
'r, 2- -lz //' /Z / )
I
L
Date
T:\AGENDA\2015\Oc{ober\Fees\Land Development Fees - Appendix A - ORD CC First Reading.docx
2
42
"EXHIBIT A,,
APPENDIX A. FEE SCHEDULE
FEE SCHEDULE
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:
Subpart A. General Ordinances
Chapter 2. Administration
Article V. Finance
2-277 Fee for dishonored checks .....s20.00
Or 5% of face amount of check
Article Vll. Standards of Conduct
Division 3. Lobbyists
2-
a82G)
Registration fee .....25.00
2-482(tl Biennial registration .....12s.00
@
Arti€l€-lJn€€n€+a+
6q€+ieense-
6s€o
Chapter 14. Building Regulations Part I
Page 1
43
Article ll. Construction Standards
Division 1. Generally
Delinquency penalty for violation of article:
First month, 10%
Hearing requested by aggrieved owner/applicant for denial of certificate of use,
determination of fees/penalties due, and/or warning of potential I 75.00
Section
this Code
Description
Amount
(Effective
June 2,
2OL4l
Division 2. Permit Fees
14-51(b)
Double fees for starting work prior to issuance of permit, plus the following
penalty:
First offense
s{2e€e
100.00
Second offense
€g$e
250.00
Subsequent offenses
597S
1,000.00
ta-61(cX1)Reinspection fee:
ln compliance with F.S S 553.80(2)(c), any subsequent reinspection after
Page 2
44
the first reinspection shall be charged four times the cost of first inspection
or first reinspection, whichever is greater. The cost of inspections is
calculated based on the actual time spent by the inspector multiplied by
the inspection fee hourly rate, as specified in subsection 14-61(gh). The
actual time of inspection is rounded up to the n€rd{ua+teFhour. segmen+
Second and subsequent reinspection(s): Based on four times the cost of
first inspection or first reinspection, whichever is greater a! a rale pursuan!
to 14-61(s)
Reinspection of existing building to determine compliance with the
applicable Building Code: Based on four times the cost of first inspection or
first reinspection, whichever is greater. The cost of inspec
based on the actual time spent bv the inspector multiplied bv the
inspection fee hourlv rate. as specified in subsection 14-61(g). The actual
time of inspection is rounded up to the hour.
Plus the cost per page reproduced:
Letter (8 % x 11). Leeal (8 % x 14), double sided. per paee
Documents on Compact Discs (CDs)
Reproduction of documents bevond lesal
At cost to
eily
' Ar€h D (24 x 36) and
Administrative processing fee
o Letter (8%x tll,Legal (8%, tO), rin*|. rid"d, o"r page and+edte+{+1-x
s+
o Certified documents (letter or lesal)
w
.15
1.00
@ize
Page 3
45
Revised plans processing fee:
La-61(e)
Commercial minor revisions L to 5 pages 200.00
Commercial maior revisions 6 to 30 pages 500.00
Commercial total revision 31+ paees
50%of
Original
Permit Fee
Residential minor revision 1to 5 pages 100.00
Residential maior revision 6 to L5 pages 200.00
Residential total revision 16+ paees
50%of
Orieinal
Permit Fee
Administrative processing fee 50.00
14-61(f)Lost permit card. Fee per required signature
78€0
80.00
1a-61(e)fee hourly rate
The plan review and inspection fee hourly rate is calculated at the
beginning of each fiscal year based on the department's approved budget,
overhead and indirect costs and the resources assigned to the inspection
program.
Dedieated inspeeters: The requester will pay fer the dedieated inspeeter in
is
based en aetual time spent en inspeetien multiplied by the dedieated
14-6r.(h0 Plans re-review fee:
First and second re-review 0.00
Plans re-review fee. Pursuant to the Florida Buildino Commission, and in
Page 4
46
compliance with F.S. S 553.80(2) (b), when extra plans reviews are
due to the failure to correct code violations soecificallv and
continuouslv noted in each reiection, each time after the third such
review that plans are rejected for the same code violation, a fee of four
times the amount of the proportion of the permit fee shall be attributed
to Dlans review.
Third and subsequent re reviews: Based en feur times the a+neunt ef the
en tne aetuat time s
14-6r,(U)
Expedited plan review and inspection fee: Upon request from the
applicant, the department may schedule an expedited plans review or
inspection on an overtime basis by department staff. Fee for each review
or inspection requested.
250.00
ine
pe+mit+ee-l+ne-item w
1a-61n(B)Phase permits:
Commercial new construction 2,000.00
Commercial alteration 1,500.00
Residential new construction 1,000.00
u-62(a\Up-front processing fee: Percent of estimated permit fee or the minimum
processing fee, whichever is greater.
Percent of estimated permit fee rounded up to the nearest 55.00
increment
20%
Page 5
47
14-62(b)(4)b+
74-
62(b)15)1415'2*
14-62(b)(6)
14-62(bx6)
14-62(bl0l
Change of architect or engineer
One time request for building permit extension (permit must not be
expired)
Additional request for building permit extension (permit must not be
expired): Percent of building permit fee line item
Commercial Permit Fees for Building Permits:
Residential Permit Fees for Building Permits
100.00
too%
100.00
New or renewed permits for exoired. revoked and nullified or voided
permits
Building permit fees:
Minimum permit fee
Permit fee for a building whose estimated construction cost is equal to or
less than SEO million is 2.OYo of the cost of construction as approved by the
Building Official or his designee, plus 1.O% of the construction cost for any
amount over S30 million as approved by the Building Official or his
designee.
Residential: Single-family, Duplex:
Permit fee for a building whose estimated construction cost is equal to or
less than $t million is 1,.8% of the cost of construction as approved by the
Building Official or his designee, plus 1..O% of the construction cost for any
amount over 51 million as approved by the Building Official or his designee.
Temporary and Special Event Fees
Page 6
48
Temporary platforms or bleachers for public assembly, re-approval
Tents excluding electric and plumbing, per tent
. Up to 1,000 square feet
. Each additional 1,000 square feet over 1,000
Temporary structure/trusses/statues (no electricalor plumbing included) | 104.00
Office trailer, per trailer
Temporary power for construction
Temporary multi-seat toilet trailer, per trailer
Temporary individual toilet, per event
Temporary electric work on circuses, carnivals, per show
Temporary fencing
Electrical installation - Small events (1-10 tents, bleachers, stages and
other structures)
Temporary platforms for public assembly, first approval
Temporary bleachers for public assembly, first approval
Temporary chiller
Temporary generator
Construction trailer, per trailer
Temporary power for test
237.OO
Electrical installation - Large events (more than 10 tents, bleachers, stages
Page 7
49
and other structures)
Mechanical installation - Small events (1-10 tents, bleachers, stages and
other structures)
250.00
Mechanical installation - Large events (more than 10 tents, bleachers,
stages and other structures)s00.00
Plumbing installation - Small events (1-10 tents, bleachers, stages and
other structures)
250.00
Plumbing installation - Large events (more than 10 tents, bleachers, stages
and other structures)500.00
L4-63 Plumbing permit fees:
Minimum plumbing permit fee 100.00
This minimum does not apply to permits issued as supplementary to
current outstanding permits for the same job.
Commercial Permit Fees for Plumbing Permits
Permit fee for a building whose estimated construction cost is equal to or
less than S:O million is 2.0% of the cost of construction as approved by the
Building Official or his designee, plus t.O% of the construction cost for any
amount over $30 million as approved by the Building Official or his
designee.
Residential Permit Fees for Plumbing Permits
Residential: Single-family, Duplex:
Permit fee for a building whose estimated construction cost is equal to or
less than St million is 7.8% of the cost of construction as approved by the
Building Official or his designee, plus 1.0% of the construction cost for any
amount over 51 million as approved by the Building Official or his designee.
L4-64 Electrical permit fees:
Minimum electrical permit fee: This minimum does not apply to permits
issued as supplementary to current outstanding permits for the same job.100.00
Page 8
50
Permit fee for a building whose estimated construction cost is equal to or
less than SgO million is 2.O% of the cost of construction as approved by the
Building Official or his designee, plus L.O% of the construction cost for any
amount over $30 million as approved by the Building Official or his
designee.
Residential Permit Fees for Electrical Permits
Residential: Single-family, Duplex:
Permit fee for a building whose estimated construction cost is equal to or
less than St million is 1.8% of the cost of construction as approved by the
Building Official or his designee, plus L.O% of the construction cost for any
amount over 51 million as approved by the Building Official or his designee.
Mechanical permit fees:
Minimum mechanical permit fee. This minimum does not apply to permits
issued as supplementary to current outstanding permits for the same job.
Commercial Permit Fees for Mechanical Permits
Residential: Single-family, Duplex:
Permit fee for a building whose estimated construction cost is equal to or
less than St million is t8% of the cost of construction as approved by the
Building Official or his designee, plus L.O% of the construction cost for any
amount over 51 million as approved by the Building Official or his designee.
Commercial Permit Fees for Electrical Permits
Permit fee for a building whose estimated construction cost is equal to or
less than S30 million is2.O% of the cost of construction as approved by the
Building Official or his designee, plus 7.Oo/o of the construction cost for any
amount over S30 million as approved by the Building Official or his
designee.
Residential Permit Fees for Mechanical Permits
Smoke control test
. Up to 10,000 square feet
Page 9
51
200.00
. 10,000 to 50,000 square feet
708SO
s00.00
. Over 50,000 square feet
r-p63#
r..000.00
Elevators, escalators and other lifting apparatus:
Permit for new installation or major revamping per ASME A17.1 Section 8.7
Building permit required (includes initial inspection and certificate).
lnstallation of traction elevators and escalators, per unit
. Up to three stories 2,2L8.O0
. 3-10 stories 2,705.OO
. Each additional story over 10 84.00
lnstallation of hydraulic elevator, per unit
. Up to three stories 1,154.00
. 3-10 stories 1,468.00
lnstallation of escalator, per unit 2,158.00
lnstallation of parking lifts, per unit 200.00
lnstallation of robotic parking, per apparatus 3,000.00
lnstallation of residential elevator, per unit 1,213.00
lnstallation of wheelchair lift, chair stairs and dumbwaiter 976.00
Elevator Repair and Maintenance
Page 10
52
Annual maintenance repair permit (not to include major revamping)602.00
Repairs (value over 55,000.00) per ASME 17.1., Section 8.62 533.00
Repairs (jack/oil lines) up to 55,000.00 250.00
Repairs (can interior/other) up to S5,000.00 250.00
Roof window cleaning machine, each machine 108.00
Permit for removal of elevator from service 570.00
Elevator tests, temporary use, variances and compliance inspections:
Emergency power test 1,084.00
Elevator fire recall test, per unit 7,O22.00
Temporary use permit (must be renewed every 30 days)t,3L7.OO
Temporary use renewal 100.00
Application for variances from codes to install or modernize equipment s19.00
Annual fees for certificate of operation and inspection
Certificate of operation for each unit (mandated)75.00
Renewal of delinquent certificate of operation 100.00
Duplicate certificate of operation (mandated)25.00
Dumbwaiters, elevators and escalators - Certificate and inspection:
Monitoring/jurisdictional fee 200.00
Reinspection fee, each reinspection 104.00
Witnessing of l-year tests per ASME A77.7, part X, section 1000, rule
1000.1b 208.00
Page 11"
53
Witnessing of S-year tests per ASM E Al7 .1, Part X, section 1000, rule
1000.1b
260.00
Compliance inspection if witnessed test failed, per inspection 104.00
Any elevator, escalator, etc., owner who fails to comply with the order to
correct a violation issued within 30 days, is subject to an administrative
fine up to 5500.00 in addition to any other penalty provided by law. Fines
can be imposed for every 30-day period that the violation remains active.
These fines, before or after paid, can be appealed to the department
director whose decision shall be final. No clearance for the use of the
elevator shall be given until these fines have been paid or waived.
Boilers and pressure vessels, installation permit fees, including initial
inspections and certificate; does not include installation or connection of
fueland water lines:
Boilers (as defined in the ASME Boiler and Pressure Vessel Code):
Annual inspection for boilers 260.00
14-66(1)Certificate of occupancy fees:
Residential units R-1, R-2, and R-3, per unit 110.00
All commercial occupancies except R-1 and R-2, per square foot 0.05
Minimum fee for commercial certificates of occupancy 250.00
When a temporary certificate of occupancy or completion has been issued
and the fee has been paid, the fee for a final certificate of occupancy or
completion
0.00
14-66(1)Temporary certificate of occupancy or completion fees:
100 percent of final certificate of occupancy or completion fee plus the
cost of any additional required inspections. Additional required inspections
will be charge based on actual time spent on inspection multiplied by the
hourly rate, as specified in section 14-61(h).
Page 12
54
14-66(1)
rq+G{3)ei
Extension of temporary certificate of occupancy or completion, per period
as set by the building official. Percent of final certificate of occupancy or
completion fee:
Certificate of completion fees:
geetelseaura+ts
@iniums'
3-S0-units
Eaeh additienal unit ever 50
Certificate of completion fees ;sp residential reeenfiguratien o
the same as eertifieate ef eeeupaney fees per seetien 14 66(1)a,
Certificate of completion fees for commercial Minimum fee fer eemmereial
@ien
m etner eertitiea l +88"0e
Reta i l, whelesa le, ste rage, ma n ufaeturing, garages, effiee, m iseella neeus:
Page 13
55
re5s0
52=50
Firs+€O-sea+s 52S
ffi {50e
hemes; ete,:
Up+eSe+eas 6&00
Eaeh additienal bed ever 50 {s0
Day eare eenters; nursery seheels; private seheels 6e€e
Theatres:
tlp+e+gg+eats 52S
€ver+001s€€t€1€5€e
52#
Munieipal buildings; eeunty; state; and federal faeilities and publie seheels;
etcfr+€xemBt
a+e+S+ea+slips 52S
lS+e+g+ea+s+ies 75€e
+50
L4 67.1
Reinspeetien ef existing building te dete+mine eemplianee with the
applieable building eede: Based en aetual time spent en insBeetien
multiplied by the inspeetien fee heurly rate, as sBeeified in subseetien 1{
Page 14
56
64{d=
Forty-year recertification program fee:
7a-67(al Per building 600.00
Building official approval of 6-month extension for building recertifications 600.00
14-67(Uk+Late compliance fee, regular fee, plus 260.00
L4-67(cl
New inspection report fee if recertification not completed within 90 days
of building's being declared unsafe.
312.00
14 67,2
L4-69
Employee training, education, safety, and technology procurement and
implementation for service enhancement surcharge is 6 percent of each
and every permit fee
L4-70 Other general fees
t4-7O(1)
Pursuant to Florida Statutes 5 553.721, in order for the department of
business and professional regulation to administer the Florida Building
Code, there is created a surcharge to be assessed at the rate of 1.5 percent
of the permit fee associated with enforcement of the Florida Building
Code. The minimum amount collected on any permit issued shall be SZ.OO.
L4-7O(2)
Pursuant to Miami-Dade County Ordinance 8-12(e), a surcharge to building
permits for county code compliance program, per S1,000.00 of work
valuation
0.60
14-70(3)
Pursuant to Florida Statutes 5 468.631, the building code administrator's
and inspector's fund shall be funded through a surcharge to be assessed at
the rate of 1.5 percent of all permit fees associated with enforcement of
the Florida Building Code. The minimum amount collected on any permit
issued shall be SZ.OO.
1.4-70$l
Sanitation surcharge for all building, electrical, plumbing, mechanical
demolition permits, 0.30 percent of estimated cost of project:
Minimum 15.00
Page 15
57
Maximum 1,500.00
t4-70$l
A separate fire safetv, public works and/or zoning review fee associated
with the building permit process shall be charged as outlined in appendix
A. See applicable department fee sections.
74-72|d1 lnterest and collection fees shall be charged for unpaid amounts (fees) due.
t4-72Q1
Documents. Requests for copies of building department records,
inspection reports. logs, or similar documents maintained bv the building
department will be charged a fee as specified in 14-61(d) of appendix A
Page 16
58
Planning Fees Associated with the Building Permit Process
15-31(a)
Plannins review fee for a commercial building permit shall be assessed at
.70% of the cost of construction.
15-31(a)
Planning review fee for a residential building permit shall be assessed at
.50% of the cost of construction.
1s-31 (b)Double Fees for work prior to issuance of oermit, olus oenalties shall be
consistent with 14-61(b)
15-31(c)(1)Reinspection fees shall be consistent with 14-6L(cX1)
1s-31(d)
Lost Plans fee shall be consistent with 14-61(d). Plannine shall not assess
administrative processing fee
15-31(e)Revised Plans Review fee shall be consistent with 14-61(e)
1s-31(f)Lost Permit Card fee shall be consistent with 14-61(f)
15-31(e)
lnspection Fee hourlv rate. As determined bv the department at the
beginning of each fiscal vear
1s-31(i)Expedited plans review and inspections in addition to all applicable fees
Expedited plans review (not to exceed 4 hours)s00.00
Expedited inspection 1s0.00
1s-31fl)
Annual Adiustment of rates. The rates pertaining to this division will
administrativelv adiusted annuallv to reflect increase(s) or decrease(s) in
the Consumer Price lndex for all urban consumers, CPI-U
15-31(n)
Phased Permit
lf department review of Phase Permit application is required. a fee
consistent with 14-61(e) shall be assessed.
1s-32(aX1),(2)Upfront Fee shall be consistent with 14-62(a)
Page L7
59
1s-32(b)
Refunds, time limitations, cancellations, chanse of contractors shall be
processed and fees assessed consistent with 14-62(b)(4).(5).(6),(7)
tw
types are previded fer illustrative purpeses enly anC are net inelusive ef all
@
15,74
' Frem 3;001 square feet te *000 square feet, abeve fee Blus 7,73
' Frem 5;001 square feet te 50;000 square feet; abeve fee Blus {st
@ing
19SO
' Frem 3;001 square feet te *000 square feet, abeve fee plus w
' Frem 5;001 square feet te 50;000 square feet, abeve fee plus 0#
+o{Js
' Frern 3E0 square feet te 1;750 square feet; abeve fee plus W
' Frem 1i751 square feet te 3;500 square feet, abeve fee plus 36Js
' Frem 3;501 square feet te 17;500 square feet; abeve fee Blus 8S
' Frem 17;501 square feet te 50;000 square feet; abeve fee Blus 5g
@ins
w
Page 18
60
' Frem 1;751 square feet te 3;500 square feet; abeve fee plus
' Frem 3;5e1 squarefeet te 17i500 square feet; abeve fee plus
' Frem 5;001 square feet te 50,000 square feet; abeve fee Blus
' Frem 5;001 square feet te 50;000 square feet, abeve fee plus
Frem 2,501 square feet te 25,000 square feeb abeve fee Blus
' Frem 25,001 sqsare feet te 50,000 square feet, abeve fee Blus
' Frem 350 square feet te 1;750 square feet; abeve fee plus [ 3e3s
' Frem 17;501 square feet te 50i000 square feet; abeve fee plus
' Frem 1i001 square feet te 5;000 square feet; abeve fee plus
' Frem 1;001 square feet te *000 square feeti abeve fee plus
' Frem 501 sguare feet te 2;500 square feet; abeve fee Blus
@ine
' Frem 501 square feet te 2,500 square feet; abeve fee plus
g-Business
Page 19
61
' Frem 2;501 square feet te 25;000 square feet; abeve fee plus
' Frem 25;001 sguare feet te 50i000 square feet; abeve fee plus
' Frem 3i001 square feet te 15;000 square feet; abeve fee plus
' Frern 15,001 square feet te 50,000 square feet, abeve fee plus
' Frem 3;001 square feet te 15i090 square feet; abeve fee plus | +gS+
' Frem 15;901 square feet te 50;000 square feet; abeve fee plus | 5-85
' Frem 7i501 square feet te 50;000 square feet, abeve fee plus
' Frem 1i501 square feet te 7;500 square feet, abeve fee plus
@ine
' Frem 1;501 square feet te 7;500 square feeb abeve fee plus
@in$
' Frem 7;501 sguare feet te50,090 square feet, abeve fee plus
Page 20
62
' Frem 4501 square feet te 22;500 square feet, abeve fee plus 9€4
' Frem 22;501 'quare feet te 50;000 square feet; abeve fee plus 14
@ine
w
' Frem 4501 square feet te 22;500 square feet; abeve fee plus 1#
' Frem 22;50l squarefeet te 50;000 square feet abeve fee plus 0#
M; Mereantile (department stere er drug stere)
59S
' Frem 1,091 square feet te 5;000 square feet; abeve fee Blus w
' Frem 5;001 sguare feet te 50;000 square feet; abeve fee plus #
M; Mereantile (department stere er drug stere); Alteratien/Remedeling
59*8
' Frem 1;001 square feet te *000 square feet; abeve fee plus 3g
' Frem 5,001 square feet te 50,000 square feet, abeve fee plus #
w
' Frem 401 square feet te 2;000 square feet; abeve fee plus 19694
' Frem 2,001 squarefeet te 20,000 square feet, abeve fee Blus t047
' Frem 20i001 square feet te 50;000 square feet; abeve fee plus w
in€
Page 21
63
' Frem 401'quare feet te 2,000 square feet, abevefee Blus
' Frem 2,001 square feet te 20;001 square feet, abeve fee plus
' Frem 1;501 square feet te 7;500 square feeti abeve fee Blus
' Frem 7,5e1 square feet te 50;000 sguare feet, abeve fee plus
' Frem 7;501 square feet te 50;000 square feet; abeve fee plus
' Frem 2,001 square feet te 10,000 square feet, abeve fee Blus
' Frem 10;001 square feet te 50;000 square feet; abeve fee plus
' Frem 20;001 square feet te 5e 000 square feeti abeve fee plus
' Frem 1;501 square feet te 7;500 square feet, abeve fee plus
' Frem 2;001 square feet te 10;000 square feet; abeve fee Blus
' Frem 1$001 square feet te 50i000 square feet; abeve fee Blus
Page 22
64
re3#
' Frem 601 square feet te 3,090 square feet; abeve fee plus t€{#
' Frern 3,001 square feet te 301000 square feet, abeve fee plus 8g
' Frem 30;001 square feet te 50;000 square feet, abeve fee plus #4
@ins
{g4e
' Frem 601 square feet te 3;000 square feet, abeve fee plus ru
' Frem 3,0e1 square feet te 30;000 square feet, abeve fee plus ost
' Frem 39i001 square feet te 50;000 square feet, abeve fee plus 0s1
8J-{S
' Frem 1i501 square feet te 2i500 square feet abevefee plus 9e*8
' Frem 2,501 square feet te 10,e0e square feet; abeve fee Blus Le&7
' Frem 10;001 square feet te 50;000 square feet; abeve fee plus 1+15
@ins
+5J8
' Frem 1,501 square feet te 2,500 square feet, abeve fee plus {59
' Frem 2,501 square feet te 10,000 square feet, abeve fee plus w
' Frem 10,001 square feet te 50,000 square feet, abeve fee plus o-25
Page 23
65
R 4 Residential Assisted living (6 16 persens)
74J5
' Frem 1;501 square feet te 7,E00 square feeti abeve fee plus w
' Frem 7;501 square feet te 50i000 square feet; abeve fee plus 2-83
R 4i Alteratien/RemedelinE
w
' Frem 1;501 square feet te 7,50esquare feet; abeve fee plus 744
' Frem 7;501 square feet te 50;000 sguare feet; abeve fee Blus 0*5
w
' Frem 501 square feet te 2,5e0 square feet; abeve fee plus 2#
' Frem 2,501 square feet te 5,000 square feet, abeve fee plus w
' Frem 5;001 square feet te 25;000 square feeti abeve fee plus *7
' Frem 25;001 square feet te 50,000 square feet; abeve fee plus *7
@ine
5l-42
' Frem 501 square feet te 2,500 square feet; abeve fee plus w
w
' Frem 5;001 square feet te 21000 square feet; abeve fee plus 2S
' Frem 25;001 square feet te 50,e00 square feet; abeve fee plus 2S
Page 24
66
9555
' Frem 1;001 square feet te 5,000 square feeb abeve fee plus ru
' Frem 5;001 square feet te 50,000 square feet, abeve fee plus w
Ateratienl*emeae$ng
9#
' Frem 1;001 square feet te 5,000 square feet; abeve fee plus 17lfl
' Frem 5;001 sguare feet te 50,000 square feet; abeve fee Blus w
S-e#terage-Pa*ing€a{€€e
{sg
' Frem 15;001 square feet te 50;000 square feet; abeve fee plus gg
ins
+8-+9
' Frem 15;001 square feet te 50;000 sguare feet; abeve fee plus w
3S
Seeeia+ty*e+mi*
sffi
s6€e
Page 25
67
49€e
ffi
.r++e+gpgg+q+$16€0
lJaoo
m
Transfer switeh fer future generater (per unit)
1lg
5€e
S€'la+-wa+€++€€+€+
l +o8*e
Newfeuntains Cemmereial, ineluding equiBment 353#
341€s
Page 26
68
ine
eq{*ipm€n+
3+rs5
D€iq€t+ti€,n
Tetal demelitien under 3 steries 5m
Tetal demelitien ever 3 steries w
r€se
50€o
51*5
I'artialdemelitbn Ber 1,000 ever 5,000 square feet 44+8
w
nemeveane+eptaee e€e
w
4E
ien
ane+eerings
3gg7
84€e
2#
82S
82S
2a€e
Page 27
69
@ings
M 23€s
ffi w
+19
Watereraft lift
' Up te 2 systems (dualarm lift is a single unit)5m
5S
Pi[inglm€e+ings
.lJp+*Rits 539
w7
Pa+fingf€+ligh+in€4S
4#
16,67
5e+1
5{S
47.79
w
Page 28
70
5g
Temperary platferms fer publie assembly; first appreval 28€e
Temperary bleaehers fer publie assembly; first appreval 25s3
+empe+a+enile+28€0
2&ee
€enstruetien; sales er effiee trailer; per unit 28#
@ien 2aso
fcmperaqrFf€n€in€2A€O
Windews; exterier deers and shutters
lnstallatien er reBlaeernent ef windews er exterier deer+ I unit 84S
lnstallatien er replaeement ef windews er exterier deersi 2 10 84S0
lnstallatien er replaeernent ef windews er exterier deer+ 11-30 +o7s
w
ings
e+fe+t+h€{€ef aSso
S.n+tt+er+#a+epe+ings w
5g
S+€+e+re'n+
{gljs
Page 29
71
gene+e+e-ana+aving
nee+ngA#a+erp{ee+ing
Meving buildings er ether struetures under 4500 square feet
Per additienal 1;5e0 square feet ever 1;500
Waterpreefing per eaeh additienal 1i000 square feet er part thereef
Fenees and/er walls: Residential under 75 feet | 54J6
Fenees and/er walls: Residential Ber additienal 75 feet er part thereef
Page 30
72
,q,u*n+ngs
*l patie eeverq eaeh single family hemes
@ e€e
ies le8Se
ea++ert-awnins 849
28#
r5s
Painting
re
2J€E
ffi
289
2Sg
28#
Meehanieal Permit Review Fees
2€€6
w
{€9J5
lW
338€6
Page 31
73
15-35
1s-361!)
Pereent ef permit review fee thaleevers plan review
g{€p-e#+evisions
lnterest and collection fees shall be charged for unpaid amounts (fees) due.
Documents. Requests for copies of department records. inspection
reports. logs or other similar documents maintained bv the department
will be charsed a fee consistent with 14-61(d)
Certificate of occupancv or completion shall be orocessed and fees
assessed consistent wit
Emplovee training. education. safetv and technologv enhancements and
other surcharse will be assessed consistent with 14-70(1).(2).(3).(5), as
applicable
Minimum Planning fee associated with a building permit I zo.oo
Other Planning & Zoning Department Fees
Chapter 6. Alcoholic Beverages
Article l. ln General
Service charge for review of application for license .....
Page 32
74
Page 33
75
118-6 Cost recovery
Review and Report by outside source TBD
7L8-7 Fees for the administration of !and development resulations
General Fees for Public Hearing
Application for preliminary evaluation before a board 500.00
Application for public hearing 2,500.00
Application for clarification of previously approved board order 1,500.00
Application for amendment to an approved board order 2,500.00
Application for extensions of time of a previously approved board order (non-
administrative)1,500.00
Application for after the fact approval 3 X Org.
fee
Advertisement (Additionalfees may apply based on notice requirement for LDR,
Comp. Plan and corresponding mao amendments)1,500.00
Mail Notice (per address)4.00
Posting (per site)100.00
Withdrawal or continuance prior to public hearing s00.00
Deferral of a public hearins 1.s00.00
Amendment of the Land Development Regulations, Zoning Map,
Comprehensive Plan and Future Land Use Map 118-152 (a) and (b)
Amendment to the permitted, conditional or prohibited uses in a zoning
category (per use).2,500.00
Amendment to the permitted, conditional or prohibited uses in the
comprehensive plan (per use).2,500.00
Amendment of zoning map designation (per square foot of lot area) up to 5000
sq. ft 0.50
Amendment of zoning map designation (per square foot of lot area)5,001 sq. ft.
and greater 0.70
Amendment of future land use map of the comprehensive plan (per square foot
of lot area) up to 5,000 sq. ft.0.50
Amendment of future land use map of the comprehensive plan (per square foot
of lot area) 5,001 and greater.o.70
Amendment to the land development regulations (per section being amended)10,000.00
Amendment to the comprehensive plan (per goal, policy, or objective being
amended.)10,000.00
Conditional Use Permits 118-193
Application for Conditional Use Permit for an adult congregate living facility (per
bed)100.00
Design Review 118-253
Application for Design Review Board approval (per gross square foot of new
construction).50
Page 34
76
tand / tot Split t,L8-32L
See applicable fees under General Fees
Variances 118-353
Pervariance reouested 500.00
Certificate of Appropriateness tl3-562 I 564
Application for COA (per gross square foot of new construction)0.50
Historic Designation 118 - 591
Application for district desisnation (oer olatted lot)100.00
Planning Director determination of architectural significance (142-108)2,500.00
Staff Review and Miscellaneous Fees
Preliminary zoning review (Dry Run) up to 5000 sq. ft.2,500.00
Preliminary zoning review (Drv Run) per square foot fee bevond 5000 so. ft.0.s0
Board Order Recording up to 10 pages. ( 11+ pages will be assessed a per page
fee)100.00
Status Reports 1,000.00
Progress Reoorts 2,500.00
Failure to appear before a board for Status or Progress report 2,500.00
Zoning verification letter (per address or folio - includes t hour of research)2s0.00
Zoning interpretation letter 1,000.00
Research per hour fee (bevond four hours per submittal)150.00
Excessive Review per hour fee (beyond four hours per submittal)150.00
Review of Covenants or Easement 5,000.00
Modification or release of Covenants or Easement 2,500.00
Courier (per packase)10.00
Recording fee (up to 10 pages)r.00.00
Per page recording fee (beyond 10 pages)10.00
Paint Permit (Non-online applications)75.00
Siens (Not requirins a buildins oermit)75.00
Hard copy (paper) submittal conversion of documents to electronic format shall
be charged at city's cost from vendor TBD
130-
1.32(a\,
(bx2)Fee in Lieu of Parking 130-132 (a), (b) (2)
One Time Pavment 40,000.00
Yearly Fee 800.00
Page 35
77
Section this Code Description
Amount
(Effective
October
L5,2012]
Chapter 42. Emergency Services
Article ll. Alarm Systems
Division 3. Burglar Alarms
a2-8aGl Renewal of alarm registration fee 10.00
Chapter 50. Fire Prevention and Protection
50-3(a)
Fire review fee for a commercial building permit shall be assessed at .7O%
of the cost of construction.
50-3(a)
Fire review fee for a residential buildins permit shall be assessed at .50% of
the cost of construction.
s0-3 (b)Double Fees for work prior to issuance of permit, plus penalties shall be
consistent with 14-51(b)
se€+b+
+4J)26
238,*t
' Ssbsequent effen.es, deuble the permit fee plus s96#
50-3(cX1)Reinspection fees shall be consistent with 14-51(cX1)
se€.F)neinspeetien+ee
.+irs+rei+spee+ien oso
' Seeend and subsequent re inspeetien(s): Based en feur times the aetual
Page 36
78
time spent en inspeetien multiplied by inspeetien heurly rate
s0-3(d)
Lost plans fee shall be consistent with 14-61(d) Fire shall not assess
administrative processinp fee
50-3(e)Revised Plans Review fee shall be consistent with 14-61(e)
se€.h)iew
@
s0-3(f)Lost Permit Card Fee shall be consistent with 14-61(f)
se€ff)fes+er+it+ara+ee 95€e
50-3(e)
lnspection Fee hourlv rate. As determined bv the department at the
besinning of each fiscal vear
se€{s}g+e€O€ra5€ryhr
se+h)yeaf
50-3(i) | Expedited plans review and inspections in addition to all applicable feest-
--T-
,-r.r',"r r'r. * -s00.00
Pl€ns-re-+evie$r+ee
' First and seeend re review
' Third and subsequent re reviews: Based en feur times the aetual time
Annual Adiustment of rates. The rates pertaining to this division will
administrativelv adiusted annuallv to reflect increase(s) or decrease(s) in
the Consumer Price lndex for all urban consumers. CPI-U
l'lans review heurly rate: New Rate established a*the beginning ef eaeh
fis€al+€r
Page 37
79
I '***rate'+Ai+im+m 98€e
se€fl+ary
inimum 98€e
se+fl+Partial eertifieate ef eeeupaney fee, Fee based en the time spent fer eaeh
'ubsequent partial um
98€e
se-3{m+Permit extensien {ee€o
Phased Permit
lf department review of Phase Permit application is required, a fee
consistent with 14-61(e) shall be assessed.
Up frent fee, pereent ef the fire department eemsenent ef the permit fee
Building permits, New eenstruetien er reeenfiguratien ef s^aee Under
ge multiplied
O€eUPAilN€\tg+'SS
IN€REMENTAt
€€S++Elq
INEREMENTIt
I€O{EIJARE+EET
52€9
Page 38
80
' Frem 3;000 square feet te 15;000 square feet; abeve fee plus
' Frem 15,000 square feet te 50;000 square feet, abeve fee plus
' Frem 350 square feet te1;750 square feet abeve fee Blus
' Frem 3;500 square feet te 17;500 square feet, abeve fee plus
' Frem 17;500 square feet te 50;000 square feet; abeve fee plus
6946
' Frem 1;000 square feet te 5;000 square feet, abeve fee plus H
' Frem 5;090 square feet te E4000 square feet; abeve fee plus 7+1
S?+u€in€s's
46,97
' Frem 500 square feet te 2;500 square fuet; abeve fee plus 35#
' Frem 2;500 square feet te 25,000 square feet; abeve fee plus 7,67
' Frem 25;000 square feet te 50;000 squarefeet; abeve fee Blus 5#
w
' Frem 3;000 square feet te 15;000 sqcare feet; abeve fee plus 24,72
Page 39
81
' Frem 15;000 square feet te 50;000 square feet, abeve fee plus w
41++
' Frem 1,500 square feet te 7;500 square feet, abeve fee plus 2Jg
' Frem 7;500 square feet te 50;000 square feet; abeve fee plus #
@
@
-rr"r
+,sgg rgr.r" f""t
53#
l:;0+
' Frem 22;500 square feet te 50;000 square feeti abeve fee plus I S*
M; Mereantile (department stere er drug stere)
32S2
' Frem 1;000 square feet te 5;000 square feet; abeve fee plus 23#
' Frem 5;000 square feet te 50;000 square feet, abeve fee plus 5+1
w
' Frem 400 square feet te 2;000 square feet; abeve fee plus 55S
' Frem 2;000 square feet te 2S000 square feet; abeve fee plus m
' Frem 20,000 square feet te 50,000 .quare feet, abeve fee plus 8#
g
Page 40
82
' Frem 1;500 square feette 7;500 square feet, abeve fee plus M
' Frem 7;500 square feet te 50,000 square feet; abeve fee plus m
ffi
w
' Frem 2;000 square feet te 10;000 square feet, abeve fee plus D#
' Frem 10i000 square feet te 50,000 square feet; abeve fee plus 6S
85S6
' Frem 5@ square feet te 3;000 square feet, abeve fee plus
' Frem 3,000 square feet te 30,000 squa+e feet, abeve fee plus
rsos
m
' Frem 30,090 square feet te 50,000 square feet, abeve fee plus {5S
@iving
M
' Frem 1;500 square feet te 7;500 square feet abeve fee plus lE
' Frem 7;500 sqt+are feet te 50;000 square feet, abeve fee plus 4S
s2s
' Frem 500 square feet te 4500 square feet; abeve fee plus t144
' Frem 2,500 'quare feet te 5;000 square feet; abeve fee Bl+r 15#
' Frem 5;000 square feet te 25;000 square feet; abeve fee plus *7
Page 41
83
' Frem 2*000 squa+e feet te 50;000 square feet, abeve fee plus I 5#
' Frem 1;000 square feet te 5;000 square feet, abeve fee plus | :gg
' Frem 5;000 square feet te 50;000 square feet, abeve fee plus I S+f
' Frem 15;000 square feet te 50;000 square feet, abeve fee plus
W
' Frem 1*000 sgua+e feet te 50;000 square feet, abeve fee plus
Building permits: New eenstruetien er reeenfiguratien ef spaee abeve
Sgpgg+g.rra+e+eet
W
S-e,S+e+agerpa*ing€e{€€e
' Frem 15;000 square feet te 50;000 square feet, abeve fee plus
W
R; Residential
Page 42
84
e{+d+H4e+€anti+e
5S
so+p+Minimum fee fer miner alteratien net requiring struetural review 77,78
se+p+
fi+€h€nlbath
Kitehen renevatien: Single unit (R 2 eeeupaney)w
47,79
74=66
74#€,
t--l Reifi$gs
' 0 te 100 feet 74=66
' 101 te 500 feet 74=*
' 501te 1;00efeet L7€,JJ3
.+Seve++gg+ee+{11+8
ffi
rSJS
25{S
45+ee
Swimming+€€k
New feu nta i ns: €emmereial; ineluding equipme nt 47,7e
Page 43
85
ins
eq{*ipm€n+
I{€9€3 I
I
I
I
I
,'-',","'.,,,,-,1
New swimming peeUspa: €emmereial; 1;001 25;000 gallens 2{aJ+
New swimming peel/spa: Cemmereial; ever 25;000 gallens w
18,74
@ien L244
Partial and tetal dernelitien
23#
73S
t€2#
54#
SJ€+in€+€rmits
D€€l€+€omm€+€iel
M
249
5+.O4
85€3
w
Page 44
86
s0-3(p)
Soecialty Permits
Building: Temporary/special events permits
Tem pora ry structu re/trusses/statues ( not i ncl ud ing tents, platforms or
bleachers)
73.63
Temporary platforms for public assembly, first approval 181.48
Temporary bleachers for public assembly, first approval L65.92
Tem pora ry platforms/bleachers for public asse m bly, re-a pprova I 2L.78
Tents up to 1,000 square feet per unit 137.92
Tents each additional 1,000 square feet over L,000 per unit 38.37
Construction trailer, per trailer 140.00
Office trailer, per trailer 140.00
Reinspection fee, pursuant to 14-61 (c),(1)
Rereview fee, pursuant to 14-51(c),(1)
Page 45
87
se€{p)@
Building miner werk inelnding interier deers; reBairs; ete ,98#
Windews; exterier deer+ shutters; fixed glass er sterefrents: New installatien er
r€pl€€€m€n+
r+sni+23*5
' 2-10 units A+to
' 11 30 units M
' 31 50 units
' Per additienal 5 units ever 50
r38S
23*s
Fenees and/er walls
14
M ultifa mily; eemmereial and industria I bui ld i ngs
Page 46
88
Natural Eas and liquefied Betreleum; applianeesi per 1 units per eutlet and 1 per
' Under 5 deviees
4pte45devices
.++aer+pgg€f*+
0€e
5{*5
.Ove++fgg++*+
--
ehill"r r"pl-..,
w
?PA+
,4^g
ffi 9#
H€€ds 989
w
3:Js
Page 47
89
Sm€k€'€€{qt+€'l+€st
++asn+**enee+snit
.+g+eA-steries
' 3 10 steries
' Per fleer
98#
w
2#3
Page 48
90
sHtq)
50-10(a)
Fire permits
Sprinkler/standpipe systems based on area of work
. Up to 2,500 square feet 591.09
. 2,501 to 3,000 square feet 642.94
. 3,001 to 5,000 square feet 747.96
. 5,001 to 10,000 square feet 1,,01,4.L9
. L0,001 to 15,000 square feet 7,Ltl.66
. 15,001 to 30,000 square feet 1,508.84
. 30,001 to 75,000 square feet 2,696.20
. 75,001 to 100,000 square feet 3,959.27
. 100,001 to 150,000 square feet 5,647.28
. 150,001 to 500,000 square feet L6,778.66
. Over 500,001 square feet L9,773.52
Standpipe systems only (no sprinkler system) per 100 feet 249.92
Fire pump acceptance testing 295.55
Pressure reducing valve acceptance testing 829.60
Minor work on existing sprinkler system (1-5 components)66.37
Minor work on existing sprinkler system (6-15 components)208.44
Replace sprinkler heads (more than 15)
. Up to 2,500 square feet 773.78
Page 49
91
. 2,501 to 3,000 square feet 198.07
. 3,001 to 5,000 square feet 247.84
. 5,001 to 10,000 square feet 295.58
. 10,001 to 15,000 square feet 346.36
. 15,001 to 30,000 square feet 494.65
. 30,001 to 75,000 square feet 1,088.85
. 75,001 to 100,000 square feet 1,583.50
o 100,001 square feet and up 2,325.99
se€{q)
50-10(a)
Fire alarm system based on area of work
. Up to 2,500 square feet 311.10
. 2,5OL to 3,000 square feet 368.14
. 3,001 to 5,000 square feet 419.99
. 5,001 to 10,000 square feet 565.17
. 10,001 to 15,000 square feet 615.98
. 15,001 to 30,000 square feet 765.31
. 30,001 to 75,000 square feet t,L6t.44
. 75,001 to 100,000 square feet 1,534.76
. 100,001 to 150,000 square feet 2,447.32
. 150,001 to 500,000 square feet 7,20L.97
. 500,001 to 1,000,000 square feet 8,783.39
Page 50
92
. Repair and replace fire alarm panel only
. up to 2,500 78.81
.2,5OL to 3,000 78.87
. 3,00L to 5,000 94.37
. 5,001to 10,000 108.89
50-10(a). 10,001to 15,000 108.89
. 15,001to 30,000 138.96
. 30,001to 75,000 198.07
. 75,001to 100,000 405.47
. 100,001to 150,000 474.95
o 150,001to 500,000 L,474.67
. Over 500,000 1,712.O9
lnstallation of new single station smoke detectors
. Under 5 devices, minimum 103.70
. Up to 25 devices 466.6s
. Per additional 25 devices beyond the initial 25 or fraction thereof, above fee plus 311.10
Minor work on existing fire alarm system (1-5 components)40.44
Minor work on existing fire alarm system (6-15 components)201.18
se€{q+
50-10 (a)
Fire suppression system. Localized suppression system (cooking hood, paint booth,
etc.), per unit or system. Multiple systems in same area (i.e., kitchen) will be
charged at50% of above fee for each additional system
246.87
Page 51
93
se€{q)
50-10(a)
Fire suppression system. Room suppression system (computer hood, electrical
rooms, etc.), per unit or system
642.94
Minor work on existing fire suppression system (1-5 components)57.O4
se€{4
s0-10(b)
Hydrant flow test 244.O0
ss3{+}
50-10(c)
Occupant content sign 244.OO
ss3{+}
s0-10(d)
Pyrotechnic display permit 218.00
se€{u)
50-10(e)
Fireworks permit 322.OO
se€.F)
s0-10(f)
Open burning permit 218.00
se€{+v}
50-10(e)
Bonfire permit 145.00
se€-k)
s0-10(h)
Special events fees see 50-3 (p)@r 2J3€O
se€.k)
s0-10(i)
Trade shows (fee for event plans covering MBCC or similar facility hall area or part
thereof)1s0.00
ss3{z}
s0-10(i)
Sidewalk cafes-Propane tank heaters per establishment 25.00
se€{e+}
s0-10(k)
Special master cases 100.00
Page 52
94
so€{bb}
s0-10fl)
Documents. Requests for copies of department records. inspection reports. logs or
other similar documents maintained bv the department will be charsed a fee
consistent with 14-61(d)
50-10(m)
Annual Adiustment of rates. The rates pertaining to this division will
administrativelv adiusted annually to reflect increase(s) or decrease(s) in the
Consumer Price lndex for all urban consumers. CPI-U
sO-a(a)(1),(2)Upfront Fee shall be consistent with 14-62(a)
s0-4(b)
Refunds, time limitations, cancellations. change of contractors shall be
processed and fees assessed consistent with 14-62(b)(4),(5).(6),(7)
sO-s (1XaXb)Certificale of occupancy or completion shall be processed and fees assessed
consistent with 14-66(1)
Section
this Code
Description Amount
se-s{d)Fees for the issuance of the fire safety permit and the annual renewal thereof.
se+{ux+}
50-1,2(a) - (e)
Assembly occupancies:
Class A-occupant load greater than 1,000 persons .....s11s.00
Class B-occupant load greater than 300 but not greater than 1,000 persons
86.25
Class C-occupant load of 50 or more but not > 300 persons ..57.50
5s+{4{:}Educationa I occupancies:
Schools (private)-educational facilities inclusive of the first to the 12th grade:
Page 53
95
Buildings up to 10,000 square feet .....57.50
Buildings greater than L0,000 square feet ..57.50
Plus, for each additional 1,000 square feet .....1.15
Nurseries, day care centers, kindergartens-educational facilities up to but not
including the first grade .....
57.s0
se+{d){s}sc
12 (a) - (e)Health care occupancies:
Private hospitals, nursing homes, limited care facilities:
Up to L00 beds ..743.75
Over 100 beds ..743.75
Plus, per bed over 100 .....r.44
se+ta*+)Residential occupancies:
Apartment buildings:
3-11 dwelling units .....57.50
t2-5O dwelling units .....80.50
Over 50 dwelling units ..80.s0
Plus, per unit over 50 ..2.30
Hotel, motel, dormitories, lodging house or rooming house:
3-50 rental sleeping units ..80.50
Over 50 sleeping units....80.s0
Plus, per unit over 50 ..2.30
Page 54
96
Board and care facilities:
Smallfacilities-not more than 16 residents ..80.50
Large facilities-more than 16 residents .....80.50
Plus, per unit over 16 ..2.30
s+s{axs}
50-12 (a) - (e)
Mercantile occupancies:
Class A-all stores having an aggregate gross area of more than 30,000 square
feet or utilizing more than three levels, excluding mezzanines, for sales
purposes .....
86.25
Plus, 1,000 square feet over 30,000 square feet .....L.15
Class B-all stores of more than 3,000 square feet but not more than 30,000
square feet aggregate gross area, or .....
86.25
utilizing floors above or below the street floor level for sales ..85.25
Class C-all stores of not more than 3,000 square feet gross area used for sales
purposes on one story only .....
57.50
se+{4{e}
50-12 (a) - (e)
Business occupancies:
General offices, including doctors', dentists', and outpatient clinics
(ambulatory):
Up to 5,000 square feet ..57.50
Over 5,000 square feet ..57.50
Plus, for each additional 1,000 square feet ..1.15
Colleges and university instructional buildings, classrooms under 50 persons
and instructional laboratories .....
57.50
Page 55
97
Plus, for each classroom .....
s+s{dil+}
50-12 (a) - (e)
lndustria I occupancies:
General industrial occupancies-industrial operations conducted in buildings
of conventional design suitable for various types of industrial processes;
subject to possible use for types of industrial processes with high density of
employee population:
Up to 5,000 square feet 57.50
Over 5,000 square feet ..57.50
Plus, for each additional 1,000 square feet .....1.15
Special purpose industrial occupancies - industrial operations in buildings
designed for and suitable only for particular types of operations, characterizes
by a relatively low density of employee population, with much of the area
occupied by machinery or equipment
Up to 5,000 square feet .....86.2s
Over 5,000 square feet ..86.25
L.44
High hazard industrial occupancies-buildings having high hazard materials,
processes, or contents:
Up to 5,000 square feet .....115.00
Over 5,000 square feet ....115.00
Plus, for each additional 1,000 square feet ..L.73
se+{axs}s0-
12 (a) - (e)Storage occupancies:
Low hazard contents-classified as those of such low combustibility that no 57.50
Page 56
98
self-propagating fire therein can occur .....
Ordinary hazard contents-classified as those that are likely to burn with
moderate rapidity or to give off a considerable volume of smoke:
Up to 10,000 square feet ..86.2s
Over 1.0,000 square feet ..86.25
Plus, for each additional 2,000 square feet .....1.15
High hazard contents-classified as those that are likely to burn with extreme
rapidity or from which explosions are likely:
Up to 5,000 square feet ..11s.00
Over 5,000 square feet ...11s.00
Plus, for each additional 1,000 square feet ..1.15
s+s{4{s}
50-12 (a) - (e)
Marinas:
3 to 12 boat slips .....57.50
L3 to 50 boat slips ..1L5.00
Over 50 boat slips ..115.00
Plus, per slip over 50 .....L.73
se-6{b}
50-12 (a) - (e)
Hazardous material permit fee ..1s0.00
Late permit fee, after 30 days ....2s0.00
Late permit fee, after 90 days ...500.00
se4e|50-12 Placard fee for hazardous materials ..50.00
Page 57
99
66-114(a)
Emolovee training. education. safetv and technologv enhancements and other
surcharse will be assessed consistent with 14-70(1).(2).(3),(5). as applicable
Documents. Requests for copies of department records. inspection reports,
logs or other similar documents maintained bv the department will be charged
a fee consistent with 14-61(d)
lnterest and collection fees shall be charged for unpaid amounts (fees) due.
Minimum Fire fee associated with a building permit
Chapter 58. Housing
Article lll. Property Maintenance Standards
Division 2. Administration
Subdivision ll. City Manager's Designee
Appeals from actions or decisions of city manager's designee .....
Chapter 55. Marine Structures, Facilities and Vehicles
Article lll. Piers, Docks and Boat Ramps
Plans review fee shall be consistent with 98-93(a),(b).
Up-front processing fee shall be consistent with 14-62(a), ttne*reate+e+
ler 100 square feet ef deek er fraetienal part ,,,,,
IEooo
Minimum fee,,,,,
Page 58
100
66-114(b) I Reinspection fees shall be consistent with 14-61(cX1)
I
i
I
I
ii @ien+
Per 100 feet er fraetienal part ef deek area ,,,,,1-50
0s
5€e
1S
35€e
6.s++4{€}
Up te $1i000,00 ef estimated €est er fra€tienal part ,,,,,4J5
995
35-0e
s++++{a)neinsBeetien+e+
e++irst+einspe€+ie+zs€e
se€e
0S+-14{€)2goo
Chapter 74. Peddlers and Solicitors
Article ll. Charitable Solicitations
Division 2. Permit
74-72 Permit fee .....
Chapter 82. Public Property
10.00
Page 59
101
Article lll. Use of Public Property
Division 2. Revocable Permit
82-e2(sl Application fee .....1,000.00
Mailing fee, per address within 375 feet of subject property .....0.s0
lnvolving use of city property .....3,000.00
82-es(b)
Nonwaterfront property for single-family use, per square foot subject to
permit.....0.45
Maximum.....7,500.00
Nonwaterfront property for multifamily or commercial use, per square foot
subject to permit .....
0.90
Waterfront property, regardless of use, per square foot subject to the permit
7.25
Article lV. Use in Public Rights-of-Way
Division 2. Temporary Obstructions
82-1s1(cXa)Base fee ..30.00
Plus, per lineal foot of street obstructed, per day 0.25
82-151(e)Applications for hearing ..... | 75.00
I
I
Division 3. Newsracks
;"f"r*r"*
82-204(aX1)Release of stored newsrack ..25.00
i ez-zoqbl?l
I
I
Upon filing of a request for hearing ..2s.00
82-2O4(bl Reinspection fee .....7.80
Page 60
102
Subdivision lll. Registration
82-231(bX3)a.Per publisher, for any number of newsracks .....7.68
82-
231(b)(3)b.
At initial registration, per newsrack .....7.80
Registration of at least 20 newsracks, per newsrack .....3.90
Division 4. Pay Telephones
Subdivision ll. Permit
82-307(a)
Annual fee for pay telephones provided by local exchange companies for local
service only.....370.00
82-307(b)
Annual fee for all other pay telephones providers, for each pay telephone
installed .....
6s0.00
Or, if a commission is paid to a private premises owner, an initial permit fee
shall be paid of .....
250.00
Upon renewal, an additional permit fee shall be paid, equal to the difference
between 5650.00 and the commission paid to the private premises owner,
plus S250.00.
82-307(c)The first 5250.00 of all annual permit fees shall be nonrefundable.
82-307(d)Late payments, per month .....25.00
Subdivision lll. Regulations
82-341U)Retroactive annual permit fee for existing pay telephones:
Minimum.....100.00
Maximum.....650.00
Division 5. Sidewalk Cafes
Subdivision ll. Permit
Page 61
103
82-382(b)Base application fee .....150.00
82-383(a)
Annual fee, per square foot of usable sidewalk area, including the area
between the tables and chairs:
Effective October L,2O7O .....77.50
Effective October L,lOLL .....20.00
82-384(ff)
Application to design review or historic preservation board pertaining to the
size of food display cases associated with sidewalk cafes and related
restaurants .....
200.00
Chapter 86. Sales
1q nn
Article ll. Garage Sales
86-s5(b)Permit aach
Division 2. Permit
lfar nnn-nnline a nnliratinncl
Article lll. Nonprofit Vending and Distribution
Division 2. Permit
86-773 L5.00
Chapter 90. Solid Waste
I
Article lll. Collection and Disposal
Division 3. Rates, Charges, Billing Procedures
90-137(a)Single-family residences, townhouses, per month ..29.92
Duplex, per month per unit 29.92
Apartments, condominiums with less than 9 dwelling units, per month per
dwelling unit.....25.94
The rates will be adjusted annually to reflect the increases or decreases in the
Page 62
104
consumer price index for consumers in the southeast United States for all
items, and in the Miami-Dade County tipping fees, unless otherwise directed
by the city commission.
Article lV. Private Waste Collectors/Contractors
Division 4. Specialty Contractors
Subdivision ll. Rolloff Waste Container Contractors
90-278(1)When rolloff is located in parking meter spaces, per meter, per day ..s.00
s0-278(6)Failure to timely pay license fee .....50.00
Subdivision lV. Hazardous, Biohazardous Waste Containers
eo-332(b)Annualfee, each permit .....25.00
Chapter 98. Streets and Sidewalks
Article lll. Excavations
Division 2. Permit
Section
this Code
Description
Amount
(Effective
Oct. 15,
2072)
98-
92(c)
(1)Street excavation permit:
5O lineal feet or less s362.9s
Each additional lineal foot 3.05
(21 Sidewalk repair permit:
Page 63
105
50 lineal feet or less 298.6s
Each additional lineal foot 3.05
(3)Sidewalk construction permit:
50 lineal feet or less 298.65
Each additional lineal foot 3.0s
(4)Paving or resurfacing of parkway or shoulder area permit:
25 lineal feet or less 298.65
Each additional lineal foot 5.48
(s)Landscaping, per tree 103.70
(6)Landscaping, bedding 103.70
(71 Building line and grade survey permit:
50 lineal feet or less 362.96
Each additional lineal foot 7.25
(8)Driveway construction permit, each driveway 729.62
(e)Flume excavation permit, each excavation 298.6s
(10)
Utility placement permit, poles, splice pits, manholes, hand holes, catch basins,
pedestals, vaults and auger holes
298.6s
Plus, for each additional, per block on same permit 74.57
(11)
Underground utility service connection right-of-way excavation permit, each
water, gas, electric, telephone, cable, television or sanitary sewer connection
from base building line to the utility located within the public right-of-way
298.6s
(L2\Groundwater monitoring wells, each well 298.65
Page 64
106
(13)Permit renewal fee: 90-day extension of permit fee expiration date 129.62
(14)
After-the-fact permit fee. For any work described in (1) through (12), (16) and
(17) herein, performed without proper permits and inspections, quadruple the
fees.
(1s)
Reinspection fees. When additional inspection is required for work previously
inspected and rejected by the department of public works, a reinspection fee
will be required, for each reinspection
tL4.O7
(16)Dewatering permit fee 362.95
(17)
Blocking of right-of-way (Cranes only)
Note: For arterial roadways, full day permit is defined as six hours between 9:00
a.m. and 3:00 p.m.
Standard review (fullday permit)
. Local road 320.43
. Collector road 427.24
. Arterial road 534.05
Priority review (same day permit review)
. Local road 384.51
. Collector road 512.27
. Arterial road 640.86
Consecutive multi-day additional fee (per day)54.95
Partial day permit (4 hours or less)
. Local road 159.59
. Collector road 2t3.62
Blocking right-of-way (all others): The greater of 50.25 per L.F. per day or 50.03
Page 65
107
per S.F. per day)
(18)Revocable permit
Application fee, involving city property 4,148.00
Mailing fee, per address within 375 feet 0.51
(1e)Coastalreview 918.78
20l,Sewe r ca pacity certification letter a pplication 155.55
98-
s2(e)
ptumUinS systems
neinspeetien+e+
.++st+einspeetien sJS
&bull Seeend and subsequent reinspeetien(s)103#
m
Plan review and insBeetien fee heurly rate, The plan review and inspeetien fee
assi
w
Enfereement ef City €ede related te building permits Speeialty and stand alene
Ber.mits
R+itin€s w
w
5{#
Page 66
108
New swimming peels/spa and feuntains: Gemmereia.l under 1,000 gallens eae h
in€l+rdin€+q{*ipm€{*
New swimming ^eel#spa: Cemmereiaf 1001 2*000 gallens eaeh ineluding
eq{*ipm€nt
New swimming peel#spa and feuntains: Residential snder 1;000 gallens
in€l+rCing€q{*ipfr€n+
New swimming peel#spa and feuntains: Residential; 1;001 25i000 tetal
@
New swimmint peel#spa and feuntains: Residential, ever 25;000 tetal gallens
in€l+tding€quipfr€,A+
New swimming peel#spa and feuntains: Cemmereialever 25;000 gallens eaeh L,-r*ind+ding€quipn€n+
I
Page 67
109
Page 68
110
Planning review fee for a commercial building permit shall be assessed at
.7O% of the cost of construction.
Planning review fee for a residential buildins permit shall be assessed at
.50% of the cost of construction.
Double Fees for work prior to issuance of permit. plus penalties shall be
consistent with 14-61(b)
Expedited plans review and inspections in addition to all applicable fees
Phased Permit
lf department review of Phase Permit application is required. a fee
consistent with 14-61(e) shall be assessed.
Lost Plans fee shall be consistent with 14-61(d). Plannins shall not assess
administrative processing fee
Revised Plans Review fee shall be consistent with 14-61(e)
Lost Permit Card fee shall be consistent with 14-61{f)
lnspection Fee hourlv rate. As determined bv the department at the
beginning of each fiscal vear
Annual Adiustment of rates. The rates pertaining to this division will
administrativelv adiusted annuallv to reflect increase(s) or decrease(s) in
the Consumer Price lndex for all urban consumers, CPI-U
Temporary and special event fees
Page 69
111
Temporary platforms for public assembly, first approval 26.96
Temporary bleachers for public assembly, first approval 24.88
Tents up to 1,000 square feet per unit (excluding electric and plumbing)26.96
Tents each additional 1,000 square feet over 1,000 per unit (excluding
electric and plumbing)L7.62
Construction trailer, per trailer 26.96
Office trailer, per trailer 26.96
Temporary power for construction 26.96
Temporary toilet/outhouse t4.5t
Enforcement of City Code related to building trade permits
Painting+€ffiit
'Cemmereial 26€e
lnstallatien er replaeement ef windews and exterier deers in all buildings;
in 25S2
w
Fenees and/er walls:
@ing.s w
' Multifamily eemmereial and industrial buildings w
w
Page 70
112
' Eaeh additienal 10 units ever 30
€a+p€+t+wning
iee
' First zene
Peel heater new
Water meter/submeter eenneetiens te water suBply system er te I ^ _ ^-l'*
PageTt
113
fee+
w
Enfereement ef City €ede related te meehanieal permit fees:
M
' l Unit 29€3
' 2-5 Units w
48,73
&74
INEREMENTAT EEST PER
W
FEET
@
E€€UtrAilN€++YPE
' Frem 3i001 square feet te 15;000 square feet; abeve fee plus
' Frem 1*001 square feet te 50;000 square feet; abeve fee plus m
Page72
114
@ins
' Frem 351 square feet te 17;500 square feet; abeve fee plus
' Frem 1;004 square feet te 50;000 square feet; abeve fee plus
S+nsi€€ss
' Frem 501 square feet te 25;000 square feet; abeve fee plus
' Frem 25;001 square feet te 50;000 square feet; abeve fee plus
' Frem 501 square feet te 50;000 square feet; abeve fee Blus
' Frem 17;501 square feet te 50;000 square feet; abeve fee Blus
@ine
@ing
@ine
' Frem 3;001 square feet te 50;000 square feet; abeve fee plt+s 0#
Page 73
115
@ine
3-3e
' Frem 3;001 square feet te 50;000 square feet; abeve fee plus 0*9
{s#
' Frem 1,501 square feet te 50,000 square feet, abeve fee plus e37
I 1; Alteratien/Remedeling
ffi
' Frem 1,501 square feet te 50,090 square feet, abeve fee Blus 1+7
535
' Frem 4i501 square feet te E0 000 square feet; abeve fee plus H
@ine
w
' Frem 4501 square feet te 50;000 square feet; abeve fee plus *7
Mi Mereantile (departrnent stere er drug stere)
2eg
' Frem 1i001 square feet te E0;099 square feet; abeve fee plus
M; Mereantile (deBartment stere er drug stere) Alteratien/Remedeling
@
H
2051
Page74
116
w
' Frem 401 square feet te 20000 sguare feet; abeve fee plus ggr
' Frem 20;001 square feet te 50;e00 sguare feet; abeve fee plus 0J9
M; Merea nti le (gas statie n)i Alte ratien/Remedel ing stst
w
' Frem 1;501 square feet te 50;000 square feet; abeve fee Blus eJa
M; Mereantile (retail er whelesale); Alteratien/Remedeling L*74
R 1; Residential: Transient (bearding heuserhetel; metel)
w
' Frem 2;001 sguare feet te 50;000 square feet; abeve fee plus M
@ine 103+
R 2; Residential: Permanent (apartment; dermitery; timeshare)
42,76
' Frem 501 square feet te 30i000 square feet; abeve fee plus 0*7
' Frem 30;001 square feet te 50;000 square feet; abeve fee plus H
@ins w
R 3; Residential: Permanent (dwellings; eustem hemes)
tw
. Frem 1;501 square feet te 10;000 square feet; abeve fee plus t-4
Page 75
117
' Frem 10;001 square feet te 50;000 square feet; abeve fee plus
@ing
' Frem 1;501 square feet te 50;000 square feet, abeve fee plus
' Frem 25;001 square feet te 50;000 square feet; abeve fee plus
@ine
*t+era+ien/nemeae+ne
S+rSteragelPa*inggarage
LZJ4
0r3
e+4
@ine
' Frem 501 square feet te 25;000 square feet, abeve fee Blus
' Frem 501 square feet te 50;000 square feet, abeve fee plus
' Frem 1;001 square feet te 50;000 square feet, abeve fee Blus I &32
m
o€5' Frem 15i001 square feet te 50;000 square feet
Page 76
118
ine +31
w
' Frem 7;501 square feet te 50;000 square feet; abeve fee plus es7
W
w
' Frem 15i001 square feet te 50;000 square feet; abeve fee plus o€5
Fer any square feetage ever 50;000 square feet; abeve fee per eeeupaney
t)rBeflu+
e+e
H
*r*esiaen+ial e31
Wine€ar€ge w
ings 0€6
0g
9S-9a(aX1),(2) | Upfront Fee shall be consistent with 14-62(a)
Refunds. time limitations. cancellations. chanse of
contractors shall be processed and fees assessed consistent
with 1a-62(b)(a).(s),(6),(7)
Page77
119
Certificate of occupancv or completion shall be processed and fees
assessed consistent with 14-66(L)
Documents. Requests for copies of department records, inspection
reports, logs or other similar documents maintained bv the deoartment
will be chareed a fee consistent with 14-61(d)
Emplovee training, education. safetv and technologv enhancements and
other surcharge will be assessed consistent with 14-70(1).(2).(3).(5). as
applicable
lnterest and collection fees shall be charged for unpaid amounts (fees) due.
Minimum Public Works fee associated with a buildins i _I 7o.ooPermit i -
Page 78
120
Section
this Code
Description
I
ahapter 102. Taxation
-I ^rticle
lV. Resort Tax
I oivision 4. Tax
I
1o2- T
310(b)|*esorttaxregistrationfee:
I
Amount
At time of registration ..25.00
lf compelled to register because of failure or refusal to pay .....100.00
LO2-
311(h)
Dishonored checks, the greater of:
The charge paid by the city to the bank, plus 25% of the bank charge, minimum .....s.00
5% of the amount of the check
LOz-3L4(fl Reporting fee:
lnitial late reporting fee .50.00
Plus, for each 30-day late period .25.00
702-384
[-
Maximum..... I 500.00
I
I
I
Article V. Occupational License Tax
*
Fee for hearing when licensee or permittee fails to comply with notice of violation I ,r.OO
or when requested by aggrieved applicant/licensee .....
I
I
Chapter 1.05. Traffic and Vehicles
i
i Article V. Police Vehicle Towing
I
I
Page79
121
Per vehicle tow .....706-216
Article Vl. Towing and lmmobilization of Vehicles
] ^ ---. :. . I Fee for removal of immobilization device, not to exceed .....
i26e(c)(1)c
I
. I chapter 110. Utilitiestt
f-T---- A.',.t" tilJa"-.*".r **,tttt
25.00
110-39(e)Meter test fees: (if meter found to be working properly)
Up to 1 inch .....s0.00
1.5 to 2 inches .....100.00
3 inches and greater ..275.O0
2nd Request within a 12-month period
Up to 1 inch .....75.00
1.5 to 2 inches ..125.00
3 inches and greater ..300.00
110-3e(e)100.00
Unauthorized use of city water/meter tampering (2nd occurrence)200.00
Unauthorized use of city water/meter tampering (3rd occurrence and each
subsequent occurrence). (ln addition, the owner and/or consumer shall pay all
costs associated with keeping the service off, including, but not limited to, all
utility expenses, materials, cost of equipment, and reasonable attorney fees) .....
300.00
110-42(b)100.00
Page 80
122
Unauthorized turn-on of service (2nd occurrence)200.00
Unauthorized turn-on of service (3rd occurrence and each subsequent
occurrence). (ln addition, the owner and/or consumer shall pay all costs associated
with keeping the service off, including, but not limited to, all utility expenses,
materials, cost of equipment, city labor costs, and reasonable attorney's fees and
costs) .....
300.00
1L0-43(c)Turn-on fee .....2s.00
110-109(c)
Stormwater utility service charge effective with billings on or after the following
dates shall be as follows:
October 1, 2000 .....3.25
October 7,2OOl 4.00
October L,2OO2 5.50
October 1, 2003 .....5.80
October 1,2004...s.80
October 1, 2005 .s.80
October 1, 2008 .....7.42
October 7,2OO9.....9.06
October L,2OL4 -....
Article lV. Fees, Charges, Rates and Billing Procedure
76.67
Division 2. Rates, Fees and Charges
M inimum service charge:110-166(a)
Size of I Gallons of I lvtinimum
Page 81
123
Meter Water
per Month
Monthly
Service Charge
(effective for
billings on or after
October 1, 2000)
3/ou s,000 s 11.0s
1"7,OOO t5.47
lYr"11,000 24.3L
2"17,000 37.57
3tt 40,000 88.40
4"80,000 176.80
o 120,000 265.20
g"200,000 442.00
Size of
Meter
Gallons of
Water
per Month
Minimum
Monthly
Service Charge
(effective for
billings on or after
October 1, 2001)
Yo"5,000 S u.so
1"7,000 L5.82
LY2"11,000 24.86
Page 82
124
2"17,ooo 38.42
3"40,000 90.40
4"80,000 180.80
o 120,000 27t.20
gtt 200,000 452.OO
Size of
Meter
Gallons of
Water
per Month
Minimum
Monthly
Service Charge
(effective for
billings on or after
October L,2OO2l
Yo"5,000 s 11.ss
1"7,000 L6.17
7%"11,000 25.47
2"L7,OOO 39.27
3"40,000 92.40
4"80,000 184.80
5rt L20,000 277.20
g"200,000 462.OO
Page 83
125
Size of
Meter
Gallons of
Water
per Month
Minimum
Monthly
Service Charge
(effective for
billings on or after
October 1, 2003
Yo"5,000 s 11.88
L"7,000 16.60
Uz"11,000 26.O4
2"L7,OO0 40.20
3tt 40,000 94.48
4"80,000 188.88
5tt 120,000 283.28
gtt 200,000 472.O8
Size of
Meter
Gallons of
Water
per Month
Minimum
Monthly
Service Charge
(effective for
billings on or after
October L,2O04l
Yo"5,000 S i.2.i.3
Page 84
126
t"7,000 16.95
LY2"11,000 25.s9
2"L7,OOO 41.05
3"40,000 96.48
4"80,000 192.88
5"120,000 289.28
8"200,000 482.08
Size of
Meter
Gallons of
Water
per Month
Minimum
Monthly
Service Charge
(effective for
billings on or after
October 1, 2005)
/o"5,000 s 12.38
1tt 7,000 77.30
\Yz"11,000 27.L4
2"17,000 41.90
3"40,000 98.48
4"80,000 195.88
6rt 120,000 29s.28
Page 85
127
Size of
Meter
Gallons of
Water
per Month
Minimum
Monthly
Service Charge
(effective for
billings on or after
October 1, 2006)
Yo"5,000 s 13.ss
]."7,OOO 19.53
IYr"11,000 30.69
2"17,000 47.43
3"40,000 111.60
4"80,000 223.20
ttlo 120,000 334.80
gtt 200,000 s58.00
Minimum
Monthly
Service Charge
(effective for
billings on or after
Gallons of
Water
per Month
Page 86
128
October 1.,2007],
Yo"5,000 s16.1s
1"7,OOO 22.6L
1.05"11,000 35.53
2"t7,000 54.91
3"40,000 L29.20
4"80,000 258.40
rl 120,000 387.50
8"200,000 546.00
Size of
Meter
Gallons of
Water
per Month
Minimum
Monthly
Service Charge
(effective for
billings on or after
October 1, 2008)
Yo"5,000 s19.40
1t'7,000 27.L6
1 .5"11,000 42.68
2"17,000 65.96
3"40,000 155.20
4"80,000 310.40
Page 87
129
Size of
Meter
Gallons of
Water
per Month
Minimum
Monthly
Service Charge
(effective for
billings on or after
October 1, 2009)
/o"5,000 s21.80
t"7,OOO 30.s2
L.5"11,000 47.96
2"17,000 74.L2
3rt 40,000 174.40
4"80,000 348.80
6tt
g"
120,000
200,000
523.20
872.00
Gallons of
Water
per Month
Minimum
Monthly
Service Charge
(effective for
billings on or after
Page 88
130
October t,2O!4)
/o"5,000 522.!s
1t'7,000 31.01
1 .5"11,000 48.73
2"77,OOO 75.3L
3"40,000 L77.20
4"80,000 354.40
^llo 120,000 531.60
g"200,000 886.00
Section
this Code
Description
Water in excess of subsection 110-166(a), shall be as follows: SZ.Z1 per 1,000
gallons, effective with billings on or after October t,20OO; $2.26 per 1,000
gallons, effective with billings on or after October L,2OO7; $2.31 per 1,000
gallons, effective with billings on or after October L,2OO2; 52.44 per 1,000
gallons, effective with billings on or after October 1,2003; 52.49 per 1,000
gallons, effective with billings on or after October 7,2OO4; and 52.54 per 1,000
gallons, effective with billings on or after October 7,2005; and 52.79 per L,000
gallons, effective with billings on or after October 7,2006; 53.23 per 1,000
gallons, effective with billings on or after October 7,2007; $3.88 per 1,000
gallons, effective with billings on or after October t,2008; and 54.35 per 1,000
gallons, effective with billings on or after October L,2OO9; and 54.43 per 1,000
gallons, effective with billings on or after October 1,2014.
4,726.O0
110-166(b)
Amount
110-166(d)Tapping fee, per size of tap in inches:
Page 89
131
2.....
3 .....
Re-read fee (Charged if meter found to be working properly) .....
Servicing a meter found damaged, destroyed or missing will require actual
replacement cost plus all costs associated with replacement of meter .....
110-166(e)
110-166(f)
110-156(g)
110-166(h)
Guarantee of payment deposit, per service in inches:
2s.00
1L0-L66(i)
Page 90
132
Normal business hours .....
50.00
11,0-167(a)Water impact fee, per meter size in inches:
s/8..155.00
%..230.00
1 .....385.00
L%.....775.OO
2.....L,240.OO
3..2,480.00
4.....3,875.00
6.....
8.....
7,750.00
L2,400.OO
Larger than 8 inches, based on relative meter capacities
110-168(a)
l"*
I Sanitary sewer service charge, shall be as follows: Sg.Zg per L,000 gallons,
i effective with billings on or after October 7,2OOO; Sg.At per 1,000 gallons,
Ij effective with billings on or after October 7,2OOt; Sa.SO per 1,000 gallons,
j effective with billings on or after October L,2OO2; S+.Og per 1,000 gallons,
I effective with billings on or after October L,2OO3; S+.tZ per 1,000 gallons,
I
effective with billings on or after October L,2OO4; and S4.21 per 1,000 gallons,
I effective with billings on or after October L,2OO5; and 54.25 per 1,000 gallons,
I effective with billings on or after October 1, 2006;54.93 per 1,000 gallons,
I
I effective with billings on or after October L,2OO7; SS.0Z per 1,000 gallons,
I
effective with billings on or after October !,2OO8; and 56.04 per 1,000 gallons,
I
effective with billings on or after October t,2009; and 56.34 per 1,000 gallons,
I
effective with billings on or after October t,2Ot3; and 57.55 per 1,000 gallons,
I effective with billing on or after October 7,2074.
I
-
I
Page 91
133
Largerthan 8 inches, based on relative meter capacities
Division 3. Billing Procedure
235.00
1,175.00
11,750.00
18,800.00
110-192(b)
5,875.00
110-170(a)Submeter service inspection .....
5% of the amount of the check
Disconnect charge (includes connecting after payment) (lf disconnected for
nonpayment all future payments must be made by ACH bank transfers or by a
city accepted credit/debit card) .....
110-192(e)Unauthorized turn-on after disconnect .....
Unauthorized turn-on after disconnect (2nd occurrence) .....
Unauthorized turn-on after disconnect for cause (3rd occurrence and each
subsequent occurrence) (ln addition, the owner and/or consumer shall pay all
costs associated with keeping the service off including, but not limited to, all
1L0-L91(f)Dishonored checks, the larger of:
Page 92
134
utility expenses, materials, cost of equipment, city labor costs, and reasonable
attorney's fees costs) .....
Subpart B. Land Development Regulations
Fees fer administratien ef land develepment reBulatiens:
na-7@ll2l l so.oo
Mailing list in eenjunetien with applieatien fer publie hearing; per mailing
a.dd+ess_
Fees fer applieants requesting a publie hearing en any applieatien fer
ien+
lrepesals that invelve a ehange ef zening map designatien er future land use
prehibited use+ per square feet ef let area fer eaeh request ,,,,,
*menAment te tne U
whieh dees net ehange the aetual list ef permitted; eenditienal er prehibited
7L4-7(el
l-lS-rce€)a
@isiens
i@
€enfirmatien ef zening elassifieatien and permitted use ,,,,,
Page 93
135
+sz{4{4
+{s-{s6e)Fees required by applieant requesting and ebtaining a publie hearing befere
*e+tafl+ing$€arA
r-ts-tg6{r}a ie+s+++ss€e
1{s-1e6€lb 1-+954e
75Se
0s
++8-+e6{2}
Request fer miner amendment te an appreved eenditierC usei elarifieatien ef
Mtim€,-s4e€e
lrs-{s6t3)Request fer a substantial amendment te an appreved eenditienal use ,,,,,860€e
++8+e6{4}Withdrawal ef applieatien prier te date ef publie hearing, request fer new
hearin€d€t+sle€e
{J3-1e5{s}Requests fer deferral ef publie hearing, a fee eernmensurate with all eests, net
l€s€+ha+-64+0e
+18+e6{6}Filing appeal ef planning and zening direeter's deeisien ,,,,,86e€g
lrsJs6F)Triple fees fer after the faet eenditienal use applieatien
l,tS+SS{a}Fees fer submissien ef applieatien te planning; design and histerie preservatien
{J3-
as*a*t)320€e
++8-
zss{al€)86e€e
Page 94
136
Appli€atisn requl
fleer area; up te a maximum ef $10;000,00 ,,,,,
m
1+8-
:ss{ail+}
iens
+ ien-les€e
+48-
2s5{€)t4}
se€o
4{S-
ass{a)€}2s
{JS-
ass{a){s}
645i0e
{J3-
zss{a*g}im+85e€e
++8-
zss(ail+e)
++8-
ZSS(aXI"O)€
ln additien; request fer staff level review ef adjustment te after the faet 8g0e
us-
zss{a{+$
Miner revisiens te previeusly appreved plans; fer reviews eendueted by staff
(plus ene half the eriginal fee fer Blans whieh were appreved by the beard) ,,,,,
25#
1+8-
zss{a)tt4
Maier revisiens te plans previessly appreved by the beard, base fee (plus ene
half the eriginal fee fer plans whieh were appreved by the beard) ,,,,,
{50€e
{JS-
ass{a-[+g]
85e€e
ef: (i) $860,00 er (ii) ene half ef the eriginal applieatien fee,
{JS-
:ss{a*++}e+igina++ee
Page 95
137
++8-3+($l#ee
i+in 64t00
11€€2r{2}ime-64+oe
1{S€s7+$Varianees and aBpeal+frem administrative deeisiens and signs:
+r+g57-{+)a +1+00
itV resiaenee var
:_{ss
rrs-e.#€+b Filing fer multifamily; eemmereiaL industrial er mixed use develeBment
Br€Bertie+850€e
24e€0
r+s-g.e#+@isie*+295€e
1{"8-354{#Signs-860€0
r6e€e
r-18-g57fi+e si@ ose
{JS-3s42+Deferments; withdrawals and elarifieatiens:
1l^8€542)e ianee-+so€o
+rs-9.#{:+b MCtifamily, eemmereial, industrial er mixed use develepment, Ber varianee
645i00
r+s-9.#t2+€@isielq--:::400
w)Requests fer a elarifieatien; extensien ef time; an arnendment te a previeus 86e€e
Page 96
138
@isieH:
I Failure te appear; failure te defer appearing fer pregre's repert required as { _ ^ ^ -lJ€.3578)t " ' i430SO" l eenU+tien+e+g{€n+ing+arian€e- I
M
++8-
e99€')+r ing-
860€0
llus an additienal preeessing fee fer retentien ef ilhgally subdivided and
undersized units; hetel units and adult eengregate living faeility units and 75Se
ffii€,t+
4{A-
sg44{4)e+iginel+e+
448-
sa+{sx4)(i) $86e,00, er (ii) ene half ef the eriginal applieatien fee,
Divisien 3. lssua nee ef Ce rtifieate ef Apprepriateness/Certifieated te
Dig/€ertifieate ef Apprepriateness fer Demelitien
{JS-
s64{+X7)+85e€0
Frejeets requiring histerie preservatien beard appreval; per square feet ef
fleer area, up te a maximum ef $10,000,90 ,,,,,
0#
Majer revisiens te plans previeusly apBreved by the histerie preservatien
gy+te+ear$-
86eSO
#!e€e
Page 97
139
75e€e
ru00
im+86e€e
iens 1€5€e
se€o
2e€e
{3m
{JS-
s64#X7)+3
Request fer staff level review ef adjustment te after the faet fee; te plaee the
@ 8e€e
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Fees fer designatien ef histerie sites, struetures, buildings, ete,:
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Chapter 130. Off-Street Parking
Article V. Parking lmpact Fee Program
{3H3A lmBaet fee ealeulatien; ene time Bayment at the time ef issuanee ef building
permit; assessed in pereentages as listed in seetien 130 132 ,,,,,
3spee€e
Article Vll. Surplus and Under-Utilized Parking Spaces
730-792 Lease of under-utilized parking spaces, application fee .....215.00
Additional fee regarding application for lease of under-utilized parking spaces,6.00
Page 98
140
Chapter 138. Signs
Article lV. Temporary Signs
138-131(d)Maximum amount of bond for temporary signs 6 square feet or larger .....300.00
138-
13s(eXs)
Permit for real estate sign in single-family residential districts. Non-online
applications. per primary sign .....
L0.00
138-
136(eXs)
Permit fee for real estate signs for multifamily, commercial, industrial, vacant
land (other than residential). Non-online applications. per sign .....
25.00
138-137(e)Minimum bond amount for temporary balloon signs ..500.00
Chapter l42.Zoning Districts and Regulations
Article ll. District Regulations
Division 18. PS Performance Standard District
L42-704(41
ln-lieu-of payment for open space requirement, per square foot of open space
not provided .....
5.00
T:\AGENDA\2015\October\Fees\Land Development Fees - Appendix A - Exhibit A - CC First Reading.docx
Page 99
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LAND DEVELOPMENT AND PERMITTING FEES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14,..BUILDING REGULATIONS," DIVISION 2, ..PERMIT FEES," AT
sEcTloNS 14-6',1, 14-62, 14-66, 14-67, 14-68, 14-70, AND 14-72;
CHAPTER 15, "ZONING REVIEW FEE ASSOCIATED WITH THE
BUILDING PERMIT PROCESS," ARTICLE II, "ZONING REVIEW FEES
ASSOCIATED WITH THE BUILDING PERMIT PROCESS," AT
sEcTloNS 15-31 , 15-32, 15-33, 15-34, 15-35, 15-36, AND 15-37;
CHAPTER 50, "FIRE PREVENTION AND PROTECTION,'' AT SECTIONS
50-3, 504, 50'5, 50-6, 50-7, AND 50-8; CHAPTER 66, "MARINE
STRUCTURES, FACILITIES AND VEHICLES,'' ARTICLE III, ..P!ERS,
DOCKS AND BOAT RAMPS," AT SECTION 66-114; CHAPTER 86,
"SALES," DIVISION 2, "PERMIT," AT SECTION 86-56; CHAPTER 98,..STREETS AND SIDEWALKS," ARTICLE III, "EXCAVATIONS,"
DIVISION 2, "PERMIT," AT SECTIONS 98-93 AND 98-94; FURTHER
AMENDING CHAPTER 50, "FIRE PREVENTION AND PROTECTION,"
TO CREATE SECTTONS 50-9, 50-10, 50-11,50-12,50-13, 50-14, AND 50-
15; CHAPTER 98, "STREETS AND SIDEWALKS," ARTICLE lll,
..EXCAVATIONS," DIVISION 2, ,.PERMIT," TO CREATE SECTIONS 98.
95, 98-96, 98-97, 98-98, 98-99, AND 98-100; UPDATING AND
CONSOLIDATING THE SECTIONS OF THE CITY CODE OF
ORDINANCES THAT REQUIRE THE ASSESSMENT OF FEES FOR
PERMITTING SERVICES IN ORDER TO IMPROVE PREDICTABILITY,
TRANSPARENCY AND EFFICIENCY OF THE CODE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and generalwelfare of its citizens; and
WHEREAS, the Land Development Regulations of the City Code contain fees for
development review and other services to cover the costs of implementing the
regulations contained therein; and
WHEREAS, the City is in the process of updating of its Enterprise Resource
Planning (ERP) program in order to automate, streamline and refine city processes; and
WHEREAS, in order to facilitate the automation of city processes, it is necessary
to ensure that fees land development fees be as transparent as possible; and
Page 1 of53142
WHEREAS, the City Administration has reviewed the structure of fees
associated with land development and permit review and determined a more efficient,
effective and transparent way to asses fees for these services is necessary; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 14, "Building Regulations," Article ll, "Construction Fees,"
Division 2, "Permit Fees," is hereby amended as follows:
Sec. 14-6{. - Permit fees, generally.
(c) Reinspection fees.
(2) Payment of the reinspection fee shall be required before any subsequent permits will
be issued to the person or entity owing same. Further inspections may shall be
withheld until payment of reinspection fees has been made.
(d) Lost plans fee. When permitted set of plans are lost by the applicants, owners, contractors,
or any of their representatives, a recertification fee will be required to reproduce, stamp and
approve a new set of plans as a field copy. Such fee shall be based on a cost per page as
specified in appendix A, plus an administrative processing fee as outlined in appendix A.
(e) Revised plans processing fee. The charge for plans processing of revisions to a permitted
set of plans shall be based en the plan reviewer'e aetual review time multiplied by the
ne++ty+ate as specified in appendix A, plus an administrative processing fee as outlined in
appendix A.
(0 Lost permit card fee. After a permit has been issued, if the permit inspection card has been
lost, a replacement fee as specified in appendix A shall be charged.
(g) fee hourly rate. The plens-+evieu€nd inspection fee hourly
rate, as specified in appendix A, is determined at the beginning of each fiscal year based on
the building department's approved overhead and indirect costs and the resources
assigned to the pla++evie#€nd inspection program.
(h) Dedieated inspeeters, Dedieated inspeeters may be requested by the applieant te be
assigneC-€ebfb-their prejeet fer a speel
e
permi t ineurred by the eity tepay fer the
ftX+) Plans re-review fee. When extra plans reviews are due to the failure to correct code
violations specificallv and continuouslv noted in each reiection. includino, but not limited to.
Page 2 of 53
143
eoress, fire protection. structural stabilitv, enerov. accessibilitv. liqhtinq ventilation.
electrical. mechanical. plumbino. and qas svstems. or other requirements identified bv the
rule of the Florida Buildinq Commission. in compliance with F.S. S 553.80(2)(b), each time
after the third such review that plans are reiected for the same code violation, a fee of four
times the amount of the proportion of the permit fee shall be attributed to plans review.
vielatiens speeifieal{y and eentinueusly neted in eaeh rejeetien' ineludingi' but net limited te,
egress; fire preteetien; skuetural stability, energy, aeeessibility, lighting ventilatien,
ime
times the eest ef the upfrent fee ef that permil
(i)$) Expedited plans review and inspection fee. Upon request from the applicant, the
department may schedule an expedited plans review or inspection, on an overtime basis by
city staff. When such service is provided, a fee as specified in appendix A shall be charged,
in addition to the regular permit fee and other applicable fees. Express Expedited plan
review service may be requested by the applicant with a cost plus fee incurred in addition to
the regular permit fee and other applicable fees.
fiXk) Permits for work not identified in appendix A. lf it is determined that no specific fee
category directly matches a permit application request, the building official may identify a
category that closely matches the level of effort or determine what the work will be charged
at based on the time dedicated for plans review and inspection. The building official may
require an upfront fee and a deposit to cover the estimated cost of the services to be
provided.
ftXD City projects. The cost of enforcing state statutes, the building code, or the citv's land
development reoulations on city related projects will be reimbursed based on the actual
time spent in the processing, review and inspection of such projects. The payment will be
due prior to issuance of the certificate of occupancy or completion for the project. Effective
October 1,2011, for any active permit applied for on or after February 1,2010, fees shall be
based on the permit fee schedule in place at the time of the permit application submittal,
and should be paid accordingly.
0(m) [Annual adjustment of rates.] The rates in appendix A pertaining to this division will be
administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer
Price lndex for all urban consumers, CPI-U.
all-item+
OD(n) Electronic concurrent plan processing. ln order to create a more efficient permitting
process, the building department hes-established will be implementino procedures to
process plans electronically vi2 a-ee"qeu+rent an automated workflow. Once implemented,
lhe department will request that applicants submit plans in an electronic format. lf the
applicant chooses to submit paper plans, the director, or his designee has the authority to
invoice for reimbursement of the conversion of €€'nstru€ti€i'rl documents submitted to an
electronic format
{e)
ehanges, Any reeemmended ehanges shall be breughl te the eity eemmissien fer
Page 3 of 53
144
(!Xp) Phase permits. The Building Official is authorized by the Florida Building Code to
provide early start approval. The holder of such permit shall proceed at the holder's own
risk with the building construction and without assurance that a permit for the entire
structure will be granted. A fee as specified in appendix A shall be paid.
(gxq) Private provider fee. When a property owner uses the services of a licensed private
company for plan review and inspections services (Private Provider), the fee will be
assessed as a regular building permit with a discount of 25o/o of the original building permit
fee. lf only the plan review or the inspections are done by the Private Provider, then the fee
will be assessed as a regular building permit with a discount of 12.5o/o of the original
building permit fee.
Sec. 14-62. - Building permits.
(b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to
the schedule in appendixA, provided the same are for a permit required by Section 105.1
of the Florida Building Code, may be refunded by the building official subject to the
following:
(1) No refunds shall be made on requests involving.
a. Permit fees of or less;
or
b. Permits for which plans review has commenced; or
c.b. Permits revoked by the building official under authority granted by the Florida
Building Code; or
g!.e. Permits cancelled by court order; or d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any recorded
inspection having been made by the department, unless the refund is due to an
overcharge by the city.
(3) A full refund less the minimum up-front permit fee and any outside agency fees shall be
granted to a permit applicant who requests a refund in writing within one year of
payment, provided that no plan review has commenced.
A full refund less or the
up-front permit fee, whichever amount is greater, rounded down to the nearest dollar,
and any outside agency fees shall be granted to a permit applicant who requests a
refund in writing within one year of payment, provided that a permit has not been
issued.
A full refund less ${€0SO the minimum permit fee as specified in appendix A or the
up-front permit fee, whichever amount is greater, rounded down to the nearest dollar,
and any outside agency fees shall be granted to a permit holder (to whom a permit has
been issued) who requests a refund in writing within one year of payment, provided:
Page 4 of 53
145
(7) Where the permit is revoked, or becomes null and void, or expires because of lack of
work or abandonment, a new permit covering the proposed construction shall be
obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida
Building Code. lf no more than 180 days of the expiration date of the original permit
has passed, and no refund has been .made according to this section, the applicant
may apply to renew the permit. The reapplication must be covering the same project
and involving the same plans, and must be submitted with the plans and the applicant's
validated copy of the original permit. A fee of 25 percent of the original permit fee, plus
an additional $57$e processing fee equivalent to the minimum permit fee as specified
in appendix A, shall be charged for a renewal under these circumstances.
Sec.14.66..certificatesofoccupancyorcompletionffi.
@
reguiffi
1, Apartment buildings; hetels and ether multiple reeidential eeeupaneies eentaining
three er rnere units and eeeupied by enly residentd tenants shall require ene
eertifieate ef use, Where these eeeupaneies eentain eemmereial aetivities in
e ef use fer eaeh eemmereial
@
and payable en June 1 ef eaeh year, Any persen failing te timely apply fer the annual
nth ef July er pertien thereef and an
paid-Renewal-payments must be reeeived by the lieense seetien prier te the first day
ies,
e, The first eertifieate ef use issued in eenjt*netien with a new building shall be lesued at
the tirne when a eertifieate ef eeeupaney is issued and at ne eest Where individual
eertifieates ef use are required; a eertifieate ef use shall be ebtained and the eharge
Page 5 of 53
146
d, As ef the effeetive date ef this subseetien; all existing buildings er premises subjeet te
this subseetien must ebtain a eertifieate ef use,
eemplies with all eede requirements ef the eity,
f, ln erder te ebtain a eertifieate ef use; an eriginal fee shall be paid fer the purpese ef
ianee,
g, The fees fer eertif
Sec. l4-67. - Fofi-year building recertification program.
(a) There shall be a fee per building as specified in appendix A for the 4O-year building
recertification program, as required under Miami-Dade County Code Chapter 8, Section 8-
1 1(f) and as said section may be amended from time to time. A six (6) month extension for
buildino recertification mav be qranted bv the buildino official. An extension fee as specified
in appendix A shall be assessed.
Sec. 14-68. - Annual faeility permF Reserved.
The Building effieial is autherized by the Flerida Building eede te issue an annual faeility
ing
ing
@
Sec. 14-70. - General information.
This section contains a list of other fees collected by the building department for other
departments or agencies. Specific amounts are given in appendix A.
(4) Reserved.
@
Page 6 of 53
147
Sec. 14-72. - lnterest and other charqes.(1) The citv is authorized to charqe interest to anv amount due when not paid bv the due
date. The interest rate shall be at the hiqhest leoal limit authorized bv law. plus
collection costs and attornevs' fees.
(2) Documents. Requests for copies of buildino department records. inspection reoorts,
loqs, or similar documents maintained bv the buildino department will be charoed a fee
as soecified in appendix A.
SECTION 2. That Chapter 15, "Zoning Review Fee Associated with the Building Permit
Process," Article ll, "Zoning Review Fees Associated with the Building Permit Process," is
hereby amended as follows:
Sec. 15-31. - Zoning review fees associated with the building permit process levied.
(a) Levied Permits. A separate zonino review fee associated with the buildino permit plans
review process is herebv levied and imposed. and shall applv to the citv's plannino
department zoninq reviews of buildinq, plumbinq. electrical and mechanical permits and
other plans review activities associated with the permit plans review process undertaken bv
that department. Said fee shall be collected bv the buildino department on behalf of the
plannino department. lnspections and other fees of the plannino department of the citv are
herebv levied and imposed and shall applv to buildino. plumbinq. electrical and mechanical
permits and other activities undertaken bv that department as outlined in appendix A.
(b) Double fees. Anv person who commences anv work on a buildinq. structure, electrical. oas,
mechanical or plumbino svstems before obtaininq the buildino official's approval or the
necessarv permits shall be subiect to a penaltv of 100 oercent of the required permit fee, in
addition to the required permit fees, plus a penaltv for the first, second and subsequent
offenses as outlined in appendix A.
(c) Reinsoection fees.
(1) With respect to inspections, if the citv finds it necessarv. in order to enforce compliance
with state statutes, the Florida Buildinq Code, and the citv's land development
requlations to conduct an inspection. after an initial inspection and one subsequent
reinsoection. of anv proiect or activitv for the same code violation specificallv and
continuouslv noted in each reiection, includinq but not limited to. eqress, fire protection.
structural stabilitv. enerqv. accessibilitv. liqhtinq. ventilation. electrical, mechanical,
plumbino, and oas svstems. or other requirements identified bv the rule of the Florida
Buildinq Commission. state statutes or the citv's land development requlations. a fee
of four (4) times the cost of initial inspection or first reinspection. whichever is qreater.
for each subsequent reinspection shall be paid. The inspection cost is determined bv
multiplvinq the actual time spent bv the inspector bv the inspection fee hourlv rate. as
defined in subsection 15-31(o) and as specified in appendix A.
Page 7 of 53
148
(2) Pavment of the reinspection fee shall be required before anv subsequent permits will
be issued to the person or entitv owinq same. Further inspections SHALL be withheld
until pavment of reinspection fees has been made.
(d) Lost plans fee. When permitted set of plans are lost bv the applicants. owners. contractors.
or anv of their representatives. a recertification fee will be required to reproduce, stamp and
approve a new set of plans as a field copv. Such fee shall be based on a cost per paqe as
specified in appendix A.
(e) Revised plans review fee. The charqe for plans review of revisions to a permitted set of
plans shall be as specified in appendix A.
(fl Lost permit card fee. After a permit has been issued, if the permit inspection card has been
lost. a fee as specified in appendix A shall be charqed to resign or recertifv the
replacement.
(o) lnspection fee hourlv rate. The inspection fee hourlv rate, as specified in appendix A. is
determined at the beoinninq of each fiscal vear based on the department's approved
overhead and indirect costs and the resources assigned to inspection proqram.
(h) Plans re-review fee. When extra plans reviews are due to the failure to correct code
violations specificallv and continuouslv noted in each reiection. includinq. but not limited to.
eoress. fire protection. structural stabilitv. enerov. accessibilitv. liohtinq ventilation.
electrical. mechanical. plumbinq, and oas svstems. or other requirements identified bv the
rule of the Florida Buildino Commission. in compliance with F.S. S 553.80(2Xb). each time
after the third such review that plans are reiected for the same code violation, a fee of four
times the amount of the proportion of the permit fee shall be attributed to plans review.
(i) Expedited plans review and inspection fee. Upon request from the applicant. the
department mav schedule an expedited plans review or inspection, on an overtime basis bv
citv staff. When such service is provided, a fee as specified in appendix A shall be charoed.
in addition to the reqular permit fee and other applicable fees. Expedited plan review
service mav be requested bv the applicant with a cost plus fee incurred in addition to the
reoular permit fee and other applicable fees.
(i) Permits for work not identified in appendix A. lf it is determined that no specific fee cateoorv
directlv matches a permit application request, the department director mav identifv a
cateqorv that closely matches the level of effort or determine what the work will be charoed
based on the time dedicated for plans review and inspection. The department director mav
require an upfront fee and a deposit to cover the estimated cost of the services to be
provided.
(k) Citv proiects. The cost of enforcino state statutes, buildinq code or the citv's land
development reoulations on citv related proiects will be reimbursed based on the actual
time spent in the processinq. review and inspection of such proiects. The pavment will be
due prior to issuance of the certificate of occupancv or completion for the proiect. Effective
October 1, 201 1, for anv active permit applied for on or after Februarv 1 , 2010, fees shall be
based on the permit fee schedule in place at the time of the permit application submittal.
and should be paid accordinqlv.
(l) Annual adiustment of rates. The rates in appendix A pertaininq to this division will be
administrativelv adiusted annuallv to reflect increase(s) or decrease(s) in the Consumer
Price lndex for all urban consumers. CPI-U.
(m) Electronic concurrent plan processino. ln order to create a more efficient permittino
process. the buildino department will be implementino procedures to process plans
Page 8 of 53
149
electronicallv via an automated workflow. Once implemented, the department will request
that applicants submit plans in an electronic format. lf the applicant chooses to submit
paper plans. the director, or his desiqnee has the authoritv to invoice for reimbursement of
the conversion of documents submitted to an electronic format.
(n) Phase permits. The Buildinq Official is authorized bv the Florida Buildinq Code to orovide
earlv start approval. The holder of such permit shall proceed at the holder's own risk with
the buildinq construction and without assurance that a permit for the entire structure will be
qranted. A fee as specified in appendix A shall be paid for the planninq department's review
if necessary.
A separate zening review fee asseeiated with the building permit plans review preeess is
ies
@
Sec. 15-32. - Fee+Euikllnq permits.
(a) Up-front processino fee.
(1) When the buildino permit application is received. the applicant shall pav an "up front"
processinq fee as specified in appendix A.
(2) This processinq fee is not refundable. but shall be credited toward the final buildinq
permit fee. The "up front" processinq fee, after it is calculated, shall be rounded up to
the nearest $5.00, with a minimum fee as specified in appendix A.
(b) Refunds. time limitations. cancellations. chanqe of contractor. The fees charqed pursuant to
the schedule in appendixA. provided the same are for a permit required bv Section 105.1
of the Florida Buildino Code, mav be refunded bv the buildinq official subiect to the
followinq:
(1) No refunds shall be made on requests involvino:
a. Permit fees of the minimum permit fee as specified in appendix A or less: or
b. Permits for which plans review has commenced: or
c. Permits revoked bv the buildinq ofFicial under authoritv qranted bv the Florida
Buildino Code: or
d. Permits cancelled bv court order: or d. Permits which have expired; or
e. Permits under which work has commenced as evidenced bv anv recorded
inspection havino been made bv the department. unless the refund is due to an
overcharoe bv the citv.
(2) A full refund shall be qranted to a permit holder who takes out a permit coverinq work
outside the iurisdictional inspection area.
(3) A full refund less the minimum up-front permit fee and anv outside aqencv fees shall be
oranted to a permit applicant who requests a refund in writino within one vear of
pavment. provided that no plan review has commenced.
Page 9 of 53
150
A full refund less the minimum permit fee as specified in appendix A or the up-front
permit fee. whichever amount is qreater. rounded down to the nearest dollar, and anv
outside aqencv fees shall be oranted to a permit applicant who requests a refund in
writinq within one vear of pavment. provided that a permit has not been issued.
A full refund less the minimum permit fee as specified in appendix A or the up-front
permit fee, whichever amount is oreater. rounded down to the nearest dollar. and anv
outside aoencv fees shall be qranted to a permit holder (to whom a permit has been
issued) who requests a refund in writino within one vear of pavment, provided:
a. That the permit holder makes a written request prior to the permit expiration date:
and
b. That no work as evidenced bv anv recorded inspection has commenced under
such permit.
(4) Where the permit is revoked. or becomes null and void. or expires because of lack of
work or abandonment, a new permit coverinq the proposed construction shall be
obtained before proceedino with the work, oursuant to Section 105.4.1.1 of the Florida
Buildino Code. lf no more than 180 davs of the expiration date of the oriqinal permit
has passed. and no refund has been made accordinq to this section, the applicant mav
applv to renew the permit. The reapplication must be coverinq the same proiect and
involvinq the same plans. and must be submitted with the plans and the applicant's
validated copv of the orioinal permit. A fee of 25 percent of the orioinal permit fee. plus
an additional processinq fee equivalent to the minimum permit fee as specified in
appendix A. shall be charqed for a renewal under these circumstances.
For permits that have expired where the onlv missinq component is one or more final
inspections, the fee for reopeninq the permit. performino the final inspection(s). and
providing a final approval on the permit shall be charoed based on the minimum
buildino permit fee.
(5) Everv application submitted for permit will be evaluated and fees assessed accordinqlv
whether it is for a master permit a standalone permit or a subcontracUtrade subsidiary
permit. All submittals will be assessed the fees as prescribed in appendix A. or the
minimum permit fee. whichever is oreater.
(c) Plannino Fees associated with a buildino permit are as specified in appendix A.
Sec. 15-33. - @Certificates of occupancv or completion.
Certificate of occupancv or completion. ln order to obtain temporary, or final occupancv or
completion as required bv the Florida Buildino Code. the followinq oriqinal fees shall be paid for
the purpose of defraving the costs of processinq the certificate, including anv necessarv
inspections.
a. Final certificate of occupancv or completion. Certificate of occupancv or completion
fees shall be as specified in appendix A.
b. Temporarv certificate of occupancv or completion. Temporary certificate of occupancv
or completion fees shall be as specified in appendix A. The certificate of occupancv or
Page 10 of 53
151
completion is the certificate of use for that facilitv for the first vear of operation or part
thereof.
Whenthe permit applieatien is reeeived, the applieant shall pay an "up frent" preeessing fee as
final zening review fee, The "up frent" preeessing fee, after it is ealeulated, shall be reunded up
te the nearest $5,00; with a minimum fee as speeified in appendix A, When the up frentpreeess+@tne tnat permlpreeesei ien=
Sec. 15-34.- .
There shall be a plan review and inspection fee for repairs or modifications to buildinos as
required bv the 4O-vear buildinq recertification proqram, pursuant to Miami-Dade Countv Code
Chapter 8, Section 8-11(fl.
Any persen whe eemmenees any werk en a building' skueture' eleetrieal, gas'
permi 100 pereent ef the usual permit fee, in additien te the
permi+fee
Sec. 15-35.-
technologv enhancements.
A surcharqe to buildino. electrical, mechanical, plumbinq and demolition permits will be
added for training. education and safetv of the planning department emplovees. and to procure
and implement the latest technolooies available for enhancement of services provided bv the
department. accordino to the schedule specified in appendix A.
The eharge fer preeessing ef revisiens te a permitted set ef plans shall be as speeified in
eBBendrreA
Sec. 15-36. - .
a. A separate fire safetv. public works and/or zoninq review fee associated with the buildino
permit process shall be charoed as outlined in appendix A.
b. Documents. Requests for copies of planninq department records. inspection reports,
loqs. or similar documents maintained bv the planninq department will be charqed a fee as
specified in appendix A.
The plan review and inspeetien fee heurly rate fer miseellaneeus plan review, expedited
the diseretien ef the planning
Page 11 of53
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iew
@
SECTION 3. That Chapter 50, "Fire Prevention and Protection," is hereby amended as
follows:
Sec. 50-3. - Plans examination, inspections, permits.
(a) Levied Permits. A separate fire department review fee associated with the buildino permit
plans review process is herebv levied and imposed. and shall applv to the citv's fire
department reviews of buildinq, plumbino, electrical and mechanical permits and other
plans review activities associated with the permit plans review process undertaken bv that
department. Said fee shall be collected bv the buildino department on behalf of the fire
department. lnspections and other fees of the fire department of the citv are herebv levied
and imposed and shall applv to buildinq, plumbinq, electrical and mechanical permits and
other activities undertaken bv that department as outlined in appendix A.
(b) Double fees. Anv person who commences anv work on a buildino, structure. electrical. oas,
mechanical or plumbino svstems before obtaininq the buildinq official's approval or the
necessarv permits shall be subiect to a penaltv of 100 percent of the required permit fee, in
addition to the required permit fees, plus a penaltv for the first. second and subsequent
offenses as outlined in appendix A.
(c) Reinspection fees.
(1) With respect to inspections, if the citv finds it necessarv, in order to enforce compliance
with state statutes. the National Fire Protection Association (NFPA) 101 Life Safetv
Code. the Florida Buildins Code. and the citv's land development requlations to
conduct an inspection. after an initial inspection and one subsequent reinspection. of
anv proiect or activitv for the same code violation soecificallv and continuouslv noted in
each reiection, includinq but not limited to. eoress, fire protection. structural stabilitv.
enerqv. accessibilitv. liqhtino. ventilation, electrical, mechanical, plumbinq. and qas
svstems, or other requirements identified bv the rule of the Florida Buildino
Commission. state statutes or the citv's land development reoulations. a fee of four
times the cost of initial inspection or first reinspection. whichever is qreater, for each
subsequent reinspection shall be paid. The inspection cost is determined bv multiplvinq
the actual time spent bv the inspector bv the inspection fee hourlv rate. as defined in
subsection 15-31(q) and as specified in appendix A.
(2) Pavment of the reinspection fee shall be required before anv subsequent permits will
be issued to the person or entitv owino same. Further inspections shall be withheld
until pavment of reinspection fees has been made.
(d) Lost plans fee. When permitted set of plans are lost bv the applicants. owners, contractors.
or anv of their reoresentatives. a recertification fee will be required to reproduce. stamo and
approve a new set of plans as a field copv. Such fee shall be based on a cost per paqe as
specified in appendix A.
(e) Revised plans review fee. The charge for plans review of revisions to a permitted set of
plans shall be as specified in appendix A.
Page 12of53
153
(fl Lost permit card fee. After a permit has been issued. if the permit inspection card has been
lost. a fee as specified in appendix A shall be charoed to resiqn or recertifv the
replacement.
(q) lnspection fee hourlv rate. The inspection fee hourlv rate. as specified in appendix A, is
determined at the beoinninq of each fiscal vear based on the department's approved
overhead and indirect costs and the resources assioned to inspection proqram.
(h) Plans re-review fee. When extra plans reviews are due to the failure to correct code
violations specificallv and continuouslv noted in each reiection. includinq. but not limited to.
eoress, fire protection. structural stabilitv. enerqv. accessibilitv, liqhtinq ventilation,
electrical, mechanical, plumbinq, and sas svstems. or other requirements identified bv the
rule of the Florida Buildinq Commission. in compliance with F.S. S 553.80(2Xb), each time
after the third such review that plans are reiected for the same code violation. a fee of four
times the amount of the proportion of the permit fee shall be attributed to plans review.
(i) Expedited plans review and inspection fee. Upon request from the applicant. the
department mav schedule an expedited plans review or inspection, on an overtime basis bv
citv staff. When such service is provided. a fee as specified in appendix A shall be charoed,
in addition to the reqular permit fee and other applicable fees. Expedited plan review
service mav be requested bv the applicant with a cost plus fee incurred in addition to the
reoular permit fee and other applicable fees.
(i) Permits for work not identified in appendix A. lf it is determined that no specific fee cateqorv
directlv matches a permit application request. the fire marshal mav identifv a cateqorv that
closelv matches the level of effort or determine what the work will be charoed at based on
the time dedicated for plans review and inspection. The fire marshal mav require an upfront
fee and a deposit to cover the estimated cost of the services to be provided.
(k) Citv proiects. The cost of enforcino state statutes. buildinq code or the citv's land
development reoulations on citv related proiects will be reimbursed based on the actual
time spent in the processino, review and inspection of such proiects. The pavment will be
due prior to issuance of the certificate of occupancv or completion for the proiect. Effective
October 1 . 201 1, for anv active permit applied for on or after Februarv 1 , 2010. fees shall be
based on the permit fee schedule in place at the time of the permit application submittal.
and should be paid accordinqlv.
(l) [Annual adiustment of rates.l The rates in appendix A pertaininq to this division will be
administrativelv adiusted annuallv to reflect increase(s) or decrease(s) in the Consumer
Price lndex for all urban consumers. CPI-U.
(m) Electronic concurrent plan processinq. ln order to create a more efficient permittinq
process. the buildino department will be implementinq procedures to process plans
electronicallv via an automated workflow. Once implemented, the department will request
that applicants submit plans in an electronic format. lf the applicant chooses to submit
paper plans. the director, or his desiqnee has the authoritv to invoice for reimbursement of
the conversion of documents submitted to an electronic format.
(n) Phase permits. The Buildinq Official is authorized bv the Florida Buildino Code to provide
earlv start approval. The holder of such permit shall proceed at the holder's own risk with
the buildinq construction and without assurance that a permit for the entire structure will be
qranted. A fee as specified in appendix A shall be paid for the fire department's review if
necessary.
(o) Reserved.
Page 13 of53
154
(p) Specialtv permit. Such permits will include temporarv and special event permits. A fee for
plan review and inspections of these permits will be charsed as specified in appendix A.
(a) tevied, Pennits; inspeetiens and ether fees ef the City ef Miami Beaeh Fire Department are
ies
(b) Deuble fees, When werk fer whieh a building er fire permit is required is eenrneneed prier
fee plus a penalty as speeified in this artiele, The payment ef the required fee shall net
tt ef the applieable
ies
therein, The deuble fee requirement shall be applieable as neted herein, Fer a seeend
effense ef deing werk witheut a permit; the permit applieant shall be required te pay the
(e) Reinspeetien fee, When extra inspeetien trips are neeessary due te an ineerreet address
give+e++-eall-ferinspeetien; prier rqjeetien ef werk due te faulty eenstruetien, werk net
te eall fer final er ether inspeetienq
er required eerreetiens net being made er eempleted a[the time speeified by the eentraeter,
required befere anypermi ewing the fee, Further inspeetien may be refused until
n made,
(d) test plans fee, When permitted set ef plans fer fire preteetien systeme are lest by the
ll be based en the eest designated by the building
eepa*men+
(e) Revised plans preeessing fee, The eharge fer plans preeessing ef revisiens te plans
y plans
examiner+ multiplied by plans review fee heurly rate as speeified in appendix A,
(f) test permit eard fee, lf the permit inspeetren eard is lest after the permit has been issued, a
the eest ef researehing inspeetien apprevals and re signing the eard,
(g) Speeial ins^eetien fee, Upen reguest ef an interested party and availability ef fire
ins
vielatiens shall be eensidered speeial inspeetien+
(h) lnspeetien fee heu+ly rate, The inspeetien fee heurly rate i+ ealeulated at the beginning ef
and indireet eests
(i) Plans review fee heurly rate, The plan review fee heurly rate is ealeulated at the beginning
ef eaeh fiseal year based en the department's appreved budget, everhead and indireet
eests and the reseurees assigned te the plans review pregram,
Page 14 of 53
155
vielatien speeifieally and eentinueusly neted in eaeh rejeetien, a fee shall be efrarged as
iners
(k) Expedited plan review and inspeetien servieee, Upen a request frem the applieant, the
€os+€f+his€ewi€e-
(l) Certifieate ef eeeupaney er eertifieate ef eempletien, A fire department inspeetien appreval
is-+equire4-befere-+-eertifieate ef eeeupaney er eertifieate ef eempletien is issued fer
ing
permit+ee,
(1) Whenever there is a request fer a eertifieate ef eeeupaney, where there is a ehange ef
i
will be eharged as speeified in appendix A fer the subsequent partial eertifieate ef
eeeupaney er eempletien and final eertifieate ef eeeupaney/eempletien based en the
(m) Refunds; time limitatiens; eaneellatien, ehange ef eentraeter, The fees eharged pursuant te
thie Cede; rnay be refunded by the fire marshal subjeet te the fellewing:
(1) Ne refunds shall be made en requests invelving,
e, Permits under whieh werk has eemmeneed as evideneed by any reeerded
i
ien-area=
(3) A full refund less the minimum up frent permit fee and any eutside ageney fees shall be
@pplieant whe requests a refund in writing, previded that ne plan
apermi und in writing' previded that a permit has net been
ise+te*
Page 15 of 53
156
end
e, That ne werk' as evideneed by any reeerded inspeetien' has eemmeneed under
suen+ermi+
$rcO+gws+a+
1, ls net entitled te any refund if the permit has expired er if werk, as evideneed
;
where the permit has net expired and ne werk, as evideneed by any reeerdedi@
1, A full fiee as speeified in appendix A fer the tyee ef werk; if the eriginal permit
nascxpirea-er
the seeend permit and preeessing the seeend permit in instanees where werk,
unexpireO+ermi+
per+Ait
i
validated eepy ef the eriginal permit, A fee ef 25 pereent ef the eriginal permit fee, plus
€ifculqstan€e€-
Where the permit is reveked er beeemes null and veid er expires beeause ef laek ef
ebtained befere preeeeding with the werk; pursuar* te Seetien 105, 1,1,1 ef the Flerida
Building Cede, lf mere than 180 days but ne mere than 365 days sinee the expiratien
e
Page 16 of53
157
seetiaft{he-epplieant may apply te renew the permit, The reapplieatien must be
eevering the same prejeet and invelving the same plans, and must be submitted with
ef the eriginal permit fee; plus a fee ef 20 pereent ef the new permit fee, shall be
eharged fer a renewal under these eireumstanees,
is-enecr mere final
the final inspeetien(s), and
previding a final appreval en the permit shal+ be eharged at based en the time
@
ire
permit+will be added fer training; edueatien; safety ef the fire preventien empleyees, and tet ef serviees
previCed$y{he$ui ld i ng department er fire de partment,
(e) Upfrent fee, When a building permit er fire permit applieatien is reeeived, the applieant shall
ffieessing fee as speeified in appendix A, This up frent fee will eever the
(pI Building permits. Plans submitted fer applieable building permits issued by the building
an be
i
; within the City ef Mlami Beaeh, A fee fer plan review
ified in appendix A,
(q) Fire Permits, A fire permit is required fer installatien, medifieatien, er deletien ef any
ne
smeke deteetien; fire alarm; fire preteetien er fire suppressien er similar systerns, A fee fer
a+speei ,
(r) Hydrant flew test, Upen a request frem an applieant, a hydrant flew test will be perfermed
ime
iami
(s) Oeeupant eentent sign ewners; managers' er eperaters ef any assembl., eeeupaney in the
hal and
Pneeesse4$Fthe building department, A fee fer plan review and inspeetien related te the
eeeupant eentent sign will be eharged as speeified in appendix A,
(t) Pyreteehnie displays permit, Any persen er entity using, stering, er displaying pyreteehnie
deviees indeer er eutdeer ef any faeility within the City ef Miami Beaeh must first ebtain a
permitissue4SF*he fire department, A fee fer plan review andinspeetien will be eharged
epartment
in_a
@mit will be eharged a fine egual te the deuble fee as speeified in
subse€tie+€0€(4),
Page 17 of 53
158
ire
fire ehief, Any persen er entity whe dees net ebtain a permit; prevides false infermatien in
sqe
(v) Open burning permit, Any persen er entity engaged in epen burning aetivity must first ebtain
previsien in saiO p
subse€tien€B(d)'
(w) Benfire permit, Any persen er entity engaged in a benfire aetivity must first ebtain a permit
i
in-a
previsien in saiO per
sugse€tr€+58(d)=
(y) Trade shews, All trade shewe er publi€ events taking plaee at the Miami Beaeh Cenventien
@
(aa) Speeial master, Speeial master eases sueh as mitigatien ef fines requiring researeh and
in
eppenCix+tr
in-eppendix+tr
eity eemmissien, Netwithstanding the preceding sentence' the rate adjustments set te take
ptaee in fegruary Zgl
te=
is
ehapter shall be reevaluated administratively ne less than every three years frem the last
Page 18 of 53
159
that ne speeifie fee eategery
direetly matehes a permit applieatien request; the fire marshal may identify a eategery that
elesely matehes th+level ef effert er deterrnine what the werk will be eharged at based en
be previded,
Sec.50-4. - .
(a) Up-front processino fee.
(1) When the buildino permit application is received. the applicant shall pav an "up front"
processinq fee as specified in appendix A.
(2) This processinq fee is not refundable, but shall be credited toward the final buildins
permit fee. The "up front" processinq fee, after it is calculated, shall be rounded up to
the nearest $5.00, with a minimum fee as specified in appendix A.
(b) Refunds. time limitations, cancellations, chanoe of contractor. The fees charqed pursuant to
the schedule in apoendix A. provided the same are for a permit required bv Section 105.1
of the Florida Buildino Code. mav be refunded bv the buildinq official subiect to the
followino:
(1) No refunds shall be made on requests involvinq.
a. Permit fees of the minimum permit fee as specified in appendix A or less: or
b. Permits for which plans review has commenced; or
c. Permits revoked bv the buildinq official under authoritv oranted bv the Florida
Buildino Code: or
d. Permits cancelled bv court order: or d. Permits which have expired: or
e. Permits under which work has commenced as evidenced bv anv recorded
inspection having been made bv the department, unless the refund is due to an
overcharqe bv the citv.
(2) A full refund shall be qranted to a permit holder who takes out a permit coverinq work
outside the iurisdictional inspection area.
(3) A full refund less the minimum up-front permit fee and anv outside aoencv fees shall be
oranted to a permit applicant who requests a refund in writino within one vear of
pavment, provided that no plan review has commenced.
A full refund less the minimum permit fee as specified in appendlx A or the up-front
permit fee, whichever amount is qreater. rounded down to the nearest dollar. and anv
outside aqencv fees shall be qranted to a permit applicant who requests a refund in
writinq within one vear of pavment, provided that a permit has not been issued.
A full refund less the minimum permit fee as specified in appendix A or the up-front
permit fee, whichever amount is qreater. rounded down to the nearest dollar. and anv
outside aqencv fees shall be qranted to a permit holder (to whom a permit has been
issued) who requests a refund in writinq within one vear of pavment, provided:
a. That the permit holder makes a written request prior to the permit expiration date:
and
Page 19 of 53
160
b. That no work as evidenced bv anv recorded inspection has commenced under
such permit.
(4) Where the permit is revoked. or becomes null and void, or expires because of lack of
work or abandonment. a new permit coverino the proposed construction shall be
obtained before proceedinq with the work, pursuant to Section 105.4.1.1 of the Florida
Buildinq Code. lf no more than 180 davs of the expiration date of the oriqinal permit
has passed. and no refund has been made accordinq to this section. the applicant mav
applv to renew the permit. The reapplication must be coverinq the same proiect and
involvino the same plans, and must be submitted with the plans and the applicant's
validated copv of the orioinal permit. A fee of 25 percent of the orioinal permit fee. plus
an additional processino fee equivalent to the minimum permit fee as specified in
appendix A, shall be charqed for a renewal under these circumstances.
For permits that have expired where the onlv missinq component is one or more final
inspections, the fee for reopeninq the permit. performino the final inspection(s). and
providinq a final approval on the permit shall be charqed based on the minimum
buildinq permit fee.
(5) Everv application submitted for permit will be evaluated and fees assessed accordinolv
whether it is for a master permit a standalone permit or a subcontracUtrade subsidiarv
permit. All submittals will be assessed the fees as prescribed in appendix A, or the
minimum permit fee. whichever is oreater.
(c) Fire Fees associated with a buildinq permit are as specified in appendix A.
(a) Netiee ef vielatien, lf; upen inspeetien; a fire inspeeter finds that a fire eede vielatien exists
i
i
vretatien€),
(1) The vielater ean apeeal the interpretatien ef the eede requirement te the inspeeter's
+re
ien
fer in Chapter 1 l; Miami Dade Ceunty eede,
irei ings
threugh the Speeial Master preeess as previded in Chapter 30 ef the eity ef Miarni
Beaeh€eele,
(b) Citatien, ln lieu ef a Netiee ef Vielatien, er in additien te a i'letiee ef Vielatien, the fire
ef fine fer whieh the vielater is liable; instruetiens, due date fer pa.,ing the fine, and the
appealpre€essr
Page 20 of 53
161
(1) teeked exits, lf' upen inspeetien' a fire inspeeterfinds a leeked exit as defined in the
Flerida Fire Preventien Cede as a deer requiring a key er speeial knewledge te epen,
then the fire inspeeter shall issue a eitatien with the penalties stated in Seetien 50 4(k),
egress bleeked er impeded as defined in the Flerida Fire Preventien Cede, then the fire
i
(a) Overerewein
exeess ef the maximum number ef eeeupants as appreved by the Fire Marshal, then
the inspeeter shall issue a eitatien as fel{ews: a miner evererewding eitatien when the
( l) Fire wateh, lf; upen inspeetien; a fire inspeeter finds that the ewner er management ef
ire
ien
(5) Fire preteetien system(s), lf; upen lnspeetien; a fire inspeeter finds that the autematie er
ire
+nSeetien+++(X)=
(6) tife safety builCing maintenanee, lf; upen inspeetien, a fire inspeeter finds that
fire inspeeter shall issue a eitatien with the penalties stated in Seetien 50 4(k),
(7) Flammable liquids/gas, lf; upen inspeetien; a fire inspeeter finds impreper use anC
issue
i
(10) Fire alarm runner serviee agreement, lf; upen inspeetien, a fire inspeeter finds that the
ewner er management fails te ebtain and maintain the required fire alarm runner
@
(1 1) Other vielatiens, Any ether vielatien ef the Flerida Fire Preventien Cede may result in a
eitatien with the penalties stated in Seetien 50 l(k),
(e) "Offense" defined, Fer purpeses ef thie se6tien; "effense" shall mean a netiee ef vielatien, er
eitatien, A persen may reeeive a separate netiee ef vielatien, er eitatien, enee every heur if
Page 21 of 53
162
(d) Optiens upen issuanee ef a eitatien, A vielater whe has been issued a eitatien shall eleet
eithe++e:
(1) Pay the eivilfine in the manner indieated en the eitatien; er
the fire inspeeter whieh resulted in the issuanee ef the eitatien,
ive
ien
4(kX1) (3), Appeal ef the Fire Marshal's eede interpretatien shall be filed with the Miami
(0 Failure te appeal, Failure ef the named vielater te appeal th,e eitatien within the preseribed
ins
in
ien=
(h) lmpesitien ef eivil fines, The City may instituts preeeedings in a eeurt ef eempetent
ing ef any sueh lien whieh remains unpaid' the City mayi ien-
(i) Gease and desist erders, The Fire Marshal ef the City ef Miami Beaeh has the autherity te
ir.e
Sta+ute€€€r{+l-
6) Suspensien er reveeatien ef eertifieate ef use and annual fire safety permit, As an
102; Artiele V, The suspensien ef the eertifieate ef Use and Annual Fire Safety Permit
eenstitutes the elesure ef the establishment and ne eeeupaney fer the peried determined,
i@iens; tnetire inspe*
as previded in Chapter 30, Fer eitatiens invelving
Seetren+g+(kX$
Page 22 of 53
163
(k) Penalties and fines, The fellewing eivil fines and penalties shall be impesed fer eitatiens
ffi
(+)-l=eet<e+exits-
$1,090,00; seeend effense within a 12 menth peried, fine shall be $2,500,00; third
gegl#g-gg=
€)-Overerewain+
$1;000,00; seeend effense within a 12 menth peried; fine shall be $2,900,00; third
$psose
e, After twe severe evererewding eitatiens within a 12 menth peried, the suspensien
ive
deyq
d, After three miner evererewding eitatiens within a 12 menth peried, the suspensien
ef the eertifieate ef Use and Annual Fire Safety Permit shall be fer seven
eenseeutive daye, After feur miner evererewding eitatiens er eembinatien ef miner
ire
Safety Permit shall be fer 14 days, After five miner evererewding eitatiens, er
eembinatien ef miner and severe eitatiens; the suspensien ef the Certifieate ef Use
er eembinatien ef miner and severe eitatiens' within a 12 menth peried, the
( l) Fire wateh, Fine shall be $500,00 fer eaeh effense,
(5) Fire preteetien system(s), Fine shall be $250,00 fer eaeh system fer eaeh effense,
(6) tife safety building maintenanee, Fine shall be $50,90 fer eaeh effense,
(7) Flammable liquids/gas, Fine shall be $100,00 fer eaeh effense,
(10) Fire alarm runner serviee agreement, Fine shall be $75,00 fer eaeh effense,
Page 23 of 53
164
(1 1) Other vielatiens, Fine shall be $100,00 fer eaeh effense,
Sec. 50-5. - Certificates of
occupancv or completion.
Certificate of occupancv or completion. ln order to obtain temporary. or final occupancv or
completion as required bv the Florida Buildino Code, the followinq orioinal fees shall be paid for
the purpose of defravino the costs of processing the certificate, includino anv necessarv
inspections.
a. Final certificate of occupancv or completion. Certificate of occupancv or completion
fees shall be as specified in appendix A.
b. Temporarv certificate of occupancv or completion. Temporarv certificate of occupancv
or completion fees shall be as specified in appendix A. The certificate of occupancv or
completion is the certificate of use for that facilitv for the first vear of operation or part
thereof.
(a) Permit required; general previsiens, Ne persen shall eperate, utilize er eeeupy any faeility,i eef, ereause, allew,leterPermitt
ire
ebtaining sueh a valid fire safety permit, Fire safety permits shall be kept en the premises
ises
shall be inspeeted frem time te time te determine whether they eemply with the previeiene
ef applieable erdinanees and regulatiens, The ewner shall be netified ef any defieieneies
ade te determine whether er net the
and any
ehange in use er eeeupaney ef the premisesshall require the issuanee ef a new fire safetyffir fire safety permits ehall be reviewed by the fire marshal's effiee,
lf an applieatie+ fer a fire safety permit is rejeeted, the applieant shall be advised ef the
effiee
and shall bear the names and signature ef the fire marshal er his designated
r€pr€€entetive,
(b) Centents, Fire safety permits shall eentain the fellewing infermatien:
(1) Operatien er aetivities fer whieh the fire safety pennit is issued,
(2) Address er leeatien and telephene number where the eperatien er aetivity requiring the
i
(3} Name, address and telephene number ef the permittee,
(4) Fire safety permit number and date ef issuanee,
@
(e)-*pptiea+ien-issuanee
(1) Within 30 days ef Mareh 15; 1997; the eity ehall mail an inveiee requiring the payment
Page 24 of 53
165
Perser++-l+elding a eertifieate ef use issued by the eity, Upen payment ef the required
@issue the fire safety permit, Sueh permit shall be renewed
ien
ent, Sueh applieatien fer
nied by suefr infermatien as may be required by
the fire department; ard the required fee, Upen ^ayment ef the required fee and
afety permit,
whieh shall be renewed annually upen payment ef the required fee,
whe are net required te held a eertifieate ef use whe are utilizing er eeeup,ing any
faeility; instrumentality er real preperty er any part thereef, er undertaking any aetivity
er eausing te be undertaken any aetivity fer whieh is required a fire safety permit in
ien shall be aeeempanied
quired fee,
anee with
the Natienal Fire Preteetien Asseeiatien (NFPA) 101 tife Safety eede, as may be amended
@
the ehange in the Censumer priee
@
er mere persens fer
er
nment
with er witheut aleehel and having an eeeupant lead ef 200 er mere, a night inspeetien
fee shall be eharged ef $ 1,00 per persen based en the appreved maximum number ef
ter than 1,000 persens: See apBendix A,
appendix+r
appeneix.+
ix-er mere persens
fer feur er mere heurs per day er mere than 12 heurs per week,
a, Seheels; private; edueatienalfaeilities inelusive ef the first te the 12th grade:
ix A,
i
Page 25 of 53
166
ether treatment er eare ef persens sufbring frem physieal er mental ilhess, disease er
i
Private hespitals nursing hemes, limited eare faeilities:
( l) Residential eeeupaneies, These eeeupaneies in whi6f| sleeping aeeemmedatiens arepreviffintial purpeses and inelude all buildinge deeigned te previde
@iens,
@ing&
Three te 11 dwelling units, See appendix A,
Twelve te 50 dwelling units: See appendix A,
Three te 50 rental sleeping units; See appendix A,
e, Beard and eare faeilities:
Srnall faeilities, net mere ttran 16 residents: See appendix A,
@ies=
area ef mere than 30,000 square
feet er utilizing mere than three levels; exeluding rne=anines, fer sales purpeses:
See-appeneix+-
e, Class C all steres ef net nrere than 3;000 square feet gress area used fer sales
@ exeluding mezzanines, See appendix A,
business, ether
eutpatient elinies (ambulateryli
Page 26 of 53
167
i
(7) lndustrial eeeupaneie+ These eeeupaneies sueh as faeteries making preduets ef all
as preeessing ingr-fi+xinS
+in+
a, General industrial eeeupaneies industrial eperatiens eendueted in buildings ef
eenventienal design suitable fer varieus types ef industrial preeesses, suEjeet te
pes$ble-use-fer types ef industrial preeesse.s with high density ef empleyee
peputa+ien
ings
latien; with rnueh ef the area eeeupied by
@
@
vehieles er animals,
tibitity that ne self
@in ean eeeur: See appendixA,
ssified as these that are likely te burn with mederate
e, High hazard eentents elassified as these that are likely te burn with extrenre
€}--l4a+inee
Page 27 of 53
168
(10)Miseellaneeus, All uses ef buildings nesprevieusly eevered by this seetien shall be
(e) Reveeatien; penalties, The fire marshal may reveke the fire safety permit if, upen
i
14 ef the Dade Ceunty Cede; er any vielatien ef any eenditien, limitatien er restrietien whiehi ameunt
ire
@ premises after the fire safety permit has been reveked shall be in
d/er
rpeses ef enfereement under ehapter 102,
a valid fire safety permit shall be deerned an
emergeney eenditien invelving serieus danger te the publie health, safety er welfare,
Sec. 50-6. - Hazardeus material registratien and permit Fortv-vear buildinq recertification
proqram.
There shall be a plan review and inspection fee for repairs or modifications to buildinos as
required bv the 40-vear buildinq recertification proqram. pursuant to Miami-Dade Countv Code
Chapter 8, Section 8-1 1(fl.
the meanings aseribed te them in this subseetien, exeept where the eentext elearlyimin+
Hazardeus material means that material; ehemiealer substanee whieh is highly flammable,
Preseneeereates er augments a fire er explesien ha-ard; er whieh by its texieity, radieaetivitf er
er when invelved in an
liquid,
e F,S, S
412,193,
rg
prnt-ven+uFH+unicipality; gev
@
ffi.
Page 28 of 53
169
(b) Hazardeus material registratien and permit, Ne persen sfrall stere, handle er use any
i
ebtaining a permit under thie seetien shall pay a permit fee as set ferth in appendix A during
the menth fellewing the enaetrnent ef this legislatien' but by ne later than Oeteber 1,
Permits shall be renewed en an annual basi+ Failure te pay the fee within 30 days will
will result in a late permit fee as set ferth in appendix A, All applieatiens fer permits shall be
en a ferm preseribed by the fire department and aeeempanied by a hazardeus materiali ie+
(1) The ehemieal er eemmen name ef the hazardeus materials en the premises,
ises'
ises-
(4) The speeifie leeatien ef the hazardeus materials en the premises,
(e) Plaeard reguirement, Every persen whe ebtains a permit pursuant te this seetien shall affix
in
frem the fire department at a eest as set ferth in appendix A,
(d) lnspeetien, Every persen shall allew the fire department te eenduet an en site inspeetien ef
the premises and shall previde te the fire department; upen request, infermatien en the
(e) Enfereement, Any persen whe fails er refuses te eemply with, er vielates, any ef the
previsien+eflthi+seetien shall be subjeet te preseeutien under the eity's eede enfereenrent
subjeet te immediate suspensien ef tlre
Sec. 50-7. --Penalties fer vielatien ef fire eedes and enfereement Fmplovee traininq.
education. safetv and technoloqv enhancements.
A surcharoe to buildino, electrical. mechanical, plumbinq and demolition permits will be added
for traininq. education and safetv of the planninq department emplovees, and to procure and
implement the latest technoloqies available for enhancement of services provided bv the
department. accordino to the schedule specified in appendix A.
upen eenvietien, be fined
vielatien, ln additien; the eeunty judge may' in his diseretien, impese an additienal penalty ef
itted te exist
shall eenstitute a separate effense, As an alternative methed ef enfereement, any persen, firm
er eerperatien whe violates er fails te eempl" with any ef the minimum standards established
Page 29 of 53
170
the previsiens ef this ehapter may be subjeet te enfereement preeedures befere a speeial
Sec. 50-8. - General information.
a. A separate fire safetv. public works and/or zoninq review fee associated with the
buildinq permit process shall be charoed as outlined in appendix A.
b. Documents. Requests for copies of fire department records, inspection reports. loqs. or
similar documents maintained bv the fire marshal's office will be charoed a fee as
specified in appendix A.
(a) Purpese ef regulatien, The purpese ef this seetien is te plaee respensibility en the alarm
user te prevent; by use ef apprepriate meehanieal; eleetrieal, er ether means, false fire
(b) Seepe ef regulatiens, The previsiens ef this seetien shall apply threugheut the geegraphieal
G)-+e+ini+iens.
(1) Alarm user means the persen er ether entity that ewns, pessesses, eentrels, eeeupies
er manages any premises as defined belew,
a respense by the
e
definitien ineludes signals aetivated by negligenee, aeeident, meehanieal failure, and
fer whieh the aetual eause ef aetivatien is unknewn, lt is a rebuttable presumptien that
iseever
ent, An alarm is net false if the alarm
ien
ings.
(4) Heuseheld fire alarm system means a system e{ deviees that is listed fer residential
te$e-lieense4
whieh a fire alarm system is installed er maintained,
(6) Vandals means e persen er pereens whe willfully eause damage te the fire alarm
Page 30 of 53
171
tt+
entranee te the alarm user's premises a netiee stating (1) the nanre ef an individual er alarm
eempany able and autherized te enter the premises and deaetivate the alarm; (2)
failure te update this infermatien within 18 heurs ef any ehange eenstitutes a vielatien ef this
seetie+
(e) False fire alarms prehibited, Ne fire alarm user shall eause, allew, permit er suffer the fire
(0 lnspeetien requirements/pest aetivatien, After the seeend and eaeh additienal false fire
ire
the fire alarrn system has beeni arm, The repert shall set ferth the.prebable
@ alarm aetivatiens, The inspeetien and test repert shall alse state
that the system is eurrently fully funetienal witheut defieieneies,
(g) Penalties, A vielater ef this seetien shall reeeive a fine(e]as fellews:
(1) Fer the first false alarm within a ealendar year, A netiee ef vielatien with ne fine,
fine,
(3) Fer the third and feurth false alarm within a ealendar year: A eitatien with a fine ef
$259€+
(4) Fer the fifth false alar+n and subsequent false alarms ineluding the twelfth false alarm
within a ealendar year, A eitatien with a fine ef $500,00,
(5) Fer the thirteenth and subsequent false alarms within a ealendar year: A eitatien with a
fine ef $1,000,00,
(h) Enfereement, The fire insBeeter shall issue a eitatien fer eaeh false alan+ A vielater whe
has been issued a eitatie+under this seetien shall eleet either te,
(1) Pay the eivil fine in the manner indieated en the eitatien: er
ien'
(i) Appeal ef a eitatien, The vielater may appeal the eitatien by requesting an administrative
ion
be amended frem time te time,
€) Failure te appeal, Failure ef the named vielater te appeal the eitatien within the preseribed
time peried shall eenstitute a waiver ef the vielater's riglrl te an administrative hearing
ing shall be treated
Unpaid fines may result in
the irnpesitien ef larger fines and/er further enfereement as set ferth in this Chapter,
(k) Appeal ef speeial master's deeisien, Any ^arty aggrieve*by the deeisien ef a speeial
and Flerida
iuri@ent ef eivil fines, A eertified eepy ef an erder impesing a eivil fine
Page 31 of53
172
nner
prepeHy; but shall net be deemed te be a eeurt judgment exeept fer enfereement purpeses,
i ien-
Sec. 50-9. - lnterest.
The citv is authorized to charqe interest to anv amount due when not paid bv the due date. The
interest rate shall be at the hiqhest leoal limit authorized bv law. plus collection costs and
attornevs'fees.
Sec. 50-10 Other permits and reviews.
(a) Fire oermits. A fire permit is required for installation, modification. or deletion of anv
component of a fire detection or protection svstem. A fire permit is issued bv the fire
marshal and processed bv the buildino department for components or svstems desiqned for
smoke detection. fire alarm. fire protection or fire suppression or similar svstems. A fee for
the plan review, acceptance test. and inspection of work under a fire permit will be charoed
as specified in appendix A to include services provided bv fire department staff.
(b) Hvdrant flow test. Upon a request from an applicant. a hvdrant flow test will be performed
bv fire department personnel and results provided to the applicant within a reasonable time
after receipt of request. A flow test mav not be performed whenever the citv, countv. or
state has anv water flowinq restrictions imposed on the water supplv of the Citv of Miami
Beach. A fee will be charoed for each flow test as specified in appendix A.
(c) Occupant content siqn. Owners. manaqers. or operators of anv assemblv occupancv in the
Citv of Miami Beach must obtain an occupant content sion issued bv the fire marshal and
processed bv the buildino department. A fee for plan review and inspection related to the
occupant content sion will be charoed as specified in appendix A.
(d'l Pvrotechnic displavs permit. Anv person or entitv usinq. storinq. or displavino pvrotechnic
devices indoor or outdoor of anv facilitv within the Citv of Miami Beach must first obtain a
permit issued bv the fire deoartment. A fee for plan review and inspection will be charged
as specified in appendix A. Additional fee will be charqed for staffinq of fire department
personnel as determined bv the fire chief. Anv person or entitv who does not obtain a
permit. provides false information in order to obtain the permit. or who violates anv
provision in said permit will be charqed a fine equal to the double fee as specified in
subsection 50-3(d).
(e) Fireworks permit. Anv person or entitv usinq. storino. or displavinq fireworks for private or
public displav within the Citv of Miami Beach must first obtain a permit issued bv the fire
department. A fee for plan review and inspection will be charqed as soecified in appendix A.
Additional fee will be charqed for staffino of fire department personnel as determined bv the
fire chief. Anv person or entitv who does not obtain a permit, provides false information in
order to obtain the permit, or who violates anv provision in said permit will be charqed a fine
equalto the double fee as specified in subsection 50-3(d).
(fl Open burnino permit. Anv person or entitv enqaoed in open burninq activitv must first obtain
a permit issued bv the fire department. A fee for plan review and inspection will be charqed
Page 32 of 53
173
as specified in appendix A. Additional fee will be charqed for staffinq of fire department
personnel as determined bv the fire chief. Anv person or entitv who does not obtain a
permit. provides false information in order to obtain the permit. or who violates anv
provision in said permit will be charoed a fine equal to the double fee as specified in
subsection 50-3(d).
(q) Bonfire permit. Anv person or entitv enqaoed in a bonfire activitv must first obtain a permit
issued bv the fire department. A fee for plan review and inspection will be charqed as
specified in appendix A. Additional fee will be charqed for staffino of fire department
personnel as determined bv the fire chief. Anv person or entitv who does not obtain a
permit, provides false information in order to obtain the permit. or who violates anv
provision in said permit will be charqed a fine equal to the double fee as specified in
subsection 50-3(d).
(h) Special events. All special events permits issued bv the Citv of Miami Beach must be
reviewed and approved bv the fire department. A fee for the plan review and inspection of
each special event will be charqed to the applicant as specified in appendix A.
(i) Trade shows. All trade shows or public events takino place at the Miami Beach Convention
Center or other public facilitv must be reviewed and approved bv the fire department. A fee
for plan review and inspection will be charqed to the applicant as specified in appendix A.
(i) Sidewalk cafe permits. All sidewalk cafes must be approved bv the fire department before a
permit is issued bv the citv. A fee for plan review and inspection will be charqed as
specified in appendix A.
(k) Special master. Special master cases such as mitiqation of fines requirino research and
testimonv of fire department personnel will be charoed a fee to the applicant as specified in
appendix A.
(l) Documents. Requests for copies of fire department records, inspection reports, loqs, or
similar documents maintained bv the fire marshal's office will be charoed a fee as specified
in appendix A.
(m) Adiusted rates. The rates in apoendix A oertainino to this section will be administrativelv
adiusted annuallv to reflect increase(s) or decrease(s) in Consumer Price lndex for all
urban consumers CPI-U.
Sec. 50-11. - Enforcement bv fire inspectors.
(a) Notice of violation. lf. upon inspection. a fire inspector finds that a fire code violation exists
based on the Florida Fire Prevention Code. Miami-Dade Countv Fire Code. or the Citv of
Miami Beach Code. as mav be amended from time to time, the fire inspector shall
document the list of violations usinq a Fire Department form. The Notice of Violation shall
indicate the name of violator, address of establishment inspected. the date of the
inspection. and the name of the inspector. The Notice of Violation shall describe the code
requirement. which is not in compliance. and indicate timeframe within which to correct said
violation(s).
(1) The violator can appeal the interpretation of the code requirement to the inspector's
supervisor and finallv to the Fire Marshal of the Citv of Miami Beach after providino
evidence that the condition present does not constitute a code violation. lf the Fire
Marshal affirms that the code violation does exist, then the violator can appeal a
decision of the Fire Marshal to the Miami-Dade Countv Fire Safetv and Prevention
Page 33 of 53
174
Board of Appeal as provided for in the Florida Fire Prevention Code. and as provided
for in Chapter 14. Miami-Dade Countv Code.
(2) lf the violator does not correct the violation within the indicated time frame. the fire
inspector, or desionee of the Fire Marshal. shall follow enforcement proceedings
throuqh the Special Master process as provided in Chapter 30 of the Citv of Miami
Beach Code.
(b) Citation. ln lieu of a Notice of Violation. or in addition to a Notice of Violation. the fire
inspector can issue a citation for the followinq offenses listed below. The citation shall state
the name of the violator. the date and time of the violation. address of the violation. amount
of fine for which the violator is liable, instructions. due date for pavinq the fine. and the
appeal process.
(1) Locked exits. lf. upon inspection. a fire inspectorfinds a locked exit as defined in the
Florida Fire Prevention Code as a door requirinq a kev or special knowledqe to open.
then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).
(2) Blocked or impeded exits. lf, upon inspection, a fire inspector finds the means of
eoress blocked or impeded as defined in the Florida Fire Prevention Code. then the fire
inspector shall issue a citation with the penalties stated in Section 50-4(k).
(3) Overcrowdinq. lf, upon inspection. a fire inspector finds an overcrowdino condition in
excess of the maximum number of occupants as approved bv the Fire Marshal, then
the inspector shall issue a citation as follows: a minor overcrowdinq citation when the
number of occupants exceed the approved limit bv less than 30 percent: a severe
overcrowdino citation when the number of occupants exceed the approved limit bv 30
percent or more. The citation issued will carrv the penalties stated in Section 50-4(k).
(4) Fire watch. lf, upon inspection. a fire inspector finds that the owner or manaoement of
a propertv in the Citv has not complied with the requirements of an established fire
watch mandated bv the Fire Marshal's Office. then the inspector shall issue a citation
with the penalties stated in Section 50 4(k).
(5) Fire protection svstem(s). lf. upon inspection. a fire inspector finds that the automatic or
manual fire protection svstem(s), fire detection svstem(s). and/or fire alarm svstem(s)
have not been certified bv a licensed contractor as required bv the Florida Fire
Prevention Code, then the fire inspector shall issue a citation with the penalties stated
in Section 50-4(k).
(6) Life safetv buildinq maintenance. lf, upon inspection. a fire inspector finds that
maintenance of life safetv buildino features have not been properlv performed. then the
fire inspector shall issue a citation with the penalties stated in Section 50-4(k).
(7) Flammable liouids/qas. lf. upon inspection. a fire inspector finds improper use and
storaoe of flammable liquids and/or flammable qases, then the fire inspector shall issue
a citation with the penalties stated in Section 50-4(k).
(8) Fire extinouishers. lf. upon inspection. a fire inspector finds that the fire extinouishers
are not properlv certified. or fire extinouishers are not provided, then the fire inspector
shall issue a citation with the penalties stated in Section 50-4(k).
(9) Work without a permit. lf, upon inspection, a fire inspector finds that construction work
is beinq performed or work has been performed on a fire protection/life safetv svstem
without the proper permits, then the fire inspector shall issue a citation with the
penalties stated in Section 50-4(k).
Page 34 of 53
175
(10) Fire alarm runner service aoreement. lf, upon inspection. a fire inspector finds that the
owner or manaqement fails to obtain and maintain the required fire alarm runner
service aqreement. then the fire inspector shall issue a citation with the penalties
stated in Section 50-4(k).
(1 1) Other violations. Anv other violation of the Florida Fire Prevention Code mav result in a
citation with the penalties stated in Section 50-4(k).
(c) "Offense" defined. For purposes of this section, "offense" shall mean a notice of violation. or
citation. A person mav receive a separate notice of violation, or citation. once everv hour if
a violation has occurred anv time within that period. Each notice of violation, or citation,
shall constitute a separate offense for which a separate fine mav be imposed.
(d) Options upon issuance of a citation. A violator who has been issued a citation shall elect
either to:
(1) Pav the civil fine in the manner indicated on the citation: or
(2) Request an administrative hearinq before a special master to appeal the decision of
the fire inspector which resulted in the issuance of the citation.
(e) Appeal of a citation. The violator mav appeal the citation bv requestinq an administrative
hearinq within ten davs from the date of issuance. The procedures for appeal of the citation
shall be as set forth in Chapter 30, as mav be amended from time to time. The appeal
hearinq must be heard no later than 120 davs from the date the appeal was filed. The
Special Master shall not have discretion to alter the prescribed penalties under Section 50-
4(kX1)-(3). Appeal of the Fire Marshal's code interpretation shall be filed with the Miami-
Dade Countv Fire Safetv and Prevention Board of Appeals.
(fl Failure to appeal. Failure of the named violator to appeal the citation within the prescribed
time period shall constitute a waiver of the violator's riqht to an administrative hearino
before the special master. A waiver of the riqht to an administrative hearino shall be treated
as an admission of the citation. and fines are owed to the Citv. Unpaid fines mav result in
the imposition of larqer fines and/or further enforcement as set forth in this section.
(q) Appeal of special master's decision. Anv partv aoqrieved bv the decision of a special
master mav appeal that decision as provided bv applicable Florida Statutes and Florida
Rules of Appellate Procedure.
(h) lmposition of civil fines. The Citv mav institute proceedinqs in a court of competent
iurisdiction to compel pavment of civil fines. A certified copv of an order imposinq a civil fine
mav be recorded in the public records and thereafter shall constitute a lien upon anv other
real or personal propertv owned bv the violator. and it mav be enforced in the same manner
as a court iudqment bv the sheriffs of this State. includino levv aoainst the personal
propertv, but shall not be deemed to be a court iudqment except for enforcement purposes.
After two months from the filino of anv such lien which remains unpaid. the Citv mav
institute proceedinqs to foreclose or othenruise execute on the lien.
(i) Cease and desist orders. The Fire Marshal of the Citv of Miami Beach has the authoritv to
issue cease and desist orders as provided bv F.S. 633.161 and the Florida Fire Prevention
Code to mitiqate anv fire hazard or anv violation posinq an imminent danqer to occupants. lf
the violator fails to complv with the Cease and Desist Order, then the violator shall receive a
citation of $5.000.00 for each offense. Anv person who fails to complv with the Cease and
Desist Order is quiltv of a misdemeanor punishable as provided in F.S. 633.171 .
(i) Suspension or revocation of certificate of use and annual fire safetv permit. As an
alternative or additional means of enforcement. the Citv mav institute proceedinos to
Page 35 of 53
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suspend or revoke the Certificate of Use and Annual Fire Safetv Permit pursuant to Chapter
102. Article V. The suspension of the Certificate of Use and Annual Fire Safetv Permit
constitutes the closure of the establishment and no occupancv for the period determined.
Additionallv, the Citv mav seek iniunctive relief as set forth in Section 46-158. Furthermore,
in cases of recurrinq violations, the fire inspector mav issue a notice of violation for
prosecution before the Special Master as orovided in Chapter 30. For citations involvinq
serious danser to the oublic health, safetv or welfare as stated in this section, the
suspension of the Certificate of Use and Annual Fire Safetv Permit shall be as stated in
Section 50-4(kX3).
(k) Penalties and fines. The followinq civil fines and penalties shall be imposed for citations
issued under this section.
(1) Locked exits.
a. Assemblv occupancies: first offense within a 12-month period, fine shall be
$1,000.00: second offensewithin a 12-month period. fine shall be $2.500.00: third
and subsequent offenses within a 12-month period, fine shall be $5.000.00.
b. For other occupancies. the fines shall be as follows: first offense within a 12-month
period. fine shall be $750.00: second offense within a 12-month period. fine shall
be $1.000.00: third and subsequent offenses within a 12-month period. fine shall
be $1.250.00.
(2) Blocked. or impeded exits. First offense within a 12-month period. fine shall be
$500.00: second offense within a 12-month period. fine shall be $750.00: third offense
and subsequent offenses within a 12-month period, fine shall be $1,000.00.
(3) Overcrowdinq.
a. Minor overcrowdinq citation: first oftense within a 12-month period. fine shall be
$1,000.00: second offensewithin a 12-month period, fine shall be $2.000.00: third
offense and subsequent offenses within a 12-month period, fine shall be
$3.000.00:
b. Severe overcrowdinq citation. first offense within a 12-month period. fine shall be
$2.500.00: second offense within a 12-month period. fine shall be $5,000.00: third
and subsequent offenses within a 12-month period. fine shall be $7.500.00.
c. After two severe overcrowdino citations within a 12-month period. the suspension
of the Certificate of Use and Annual Fire Safetv Permit shall be for 14 consecutive
davs. After three severe overcrowdino citations within a 12-month period. the
suspension of the Certificate of Use and Annual Fire Safetv Permit shall be for 30
davs:
d. Afterthree minor overcrowdino citations within a 12-month period, the suspension
of the Certificate of Use and Annual Fire Safetv Permit shall be for seven
consecutive davs. After four minor overcrowdino citations or combination of minor
and severe citations. the suspension of the Certificate of Use and Annual Fire
Safetv Permit shall be for 14 davs. After five minor overcrowdinq citations. or
combination of minor and severe citations, the suspension of the Certificate of Use
and Annual Fire Safetv Permit shall be for 30 davs.
e. After four severe overcrowdino citations, or after six minor overcrowdinq citations,
or combination of minor and severe citations, within a 12-month period. the
Certificate of Use and Annual Fire Safetv Permit shall be revoked.
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(4) Fire watch. Fine shall be $500.00 for each offense.
(5) Fire protection svstem(s). Fine shall be $250.00 for each svstem for each offense.
(6) Life safetv buildino maintenance. Fine shall be $50.00 for each offense.
(7) Flammable liquids/oas. Fine shall be $100.00 for each offense.
(8) Fire extinquishers. Fine shall be $25.00 for each offense.
(9) Work without a permit. Fine shall be $200.00 for each offense.
(10) Fire alarm runner service aqreement. Fine shall be $75.00 for each offense.
(1 1) Other violations. Fine shall be $100.00 for each offense.
Sec. 50-12. - Annual fire prevention and fire safetv inspection permit.
(a) Permit required: oeneral provisions. No person shall operate. utilize or occupv anv facilitv,
instrumentalitv or real propertv. or anv part thereof. or cause. allow. let or permit to be
operated. utilized or occupied anv facilitv. instrumentalitv or real propertv. or anv part
thereof, or undertake anv activitv or cause to be undertaken anv activitv for which a fire
safetv permit is required in accordance with the provisions of this section without first
obtainino such a valid fire safetv permit. Fire safetv permits shall be kept on the premises
and shall be subiect to inspection bv a representative of the fire department. All premises
shall be inspected from time to time to determine whether thev complv with the provisions
of applicable ordinances and reoulations. The owner shall be notified of anv deficiencies
noted. and appropriate reinspection mav be made to determine whether or not the
deficiencies have been corrected. Fire safetv permits shall not be transferable and anv
chanoe in use or occupancv of the premises shall require the issuance of a new fire safetv
permit. All applications for fire safetv permits shall be reviewed bv the fire marshal's office.
lf an application for a fire safetv permit is reiected. the applicant shall be advised of the
reasons for such reiection. Fire safetv permits shall be issued bv the fire marshal's office
and shall bear the names and siqnature of the fire marshal or his desiqnated
representative.
(b) Contents. Fire safetv permits shall contain the followinq information:
(1) Operation or activities for which the fire safetv permit is issued.
(2) Address or location and telephone number where the operation or activitv requirino the
issuance of a fire safetv permit is to be conducted.
(3) Name. address and telephone number of the permittee.
(4) Fire safetv permit number and date of issuance.
(5) Period of validitv of the fire safetv permit.
(6) lnspection requirements.
(c) Application. issuance.
(1) Within 30 davs of March 15. 1997. the citv shall mail an invoice requirinq the pavment
of the fire safetv fee. in accordance with the fee schedule set forth in this section. to all
persons holdinq a certificate of use issued bv the citv. Upon pavment of the required
fee. the department shall issue the fire safetv permit. Such permit shall be renewed
annuallv upon pavment of the required fee.
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(2) Anv person applvino for a new certificate of use shall concurrentlv with such application
make an application for a fire safetv permit to the fire department. Such application for
a fire safetv permit shall be accompanied bv such information as mav be required bv
the fire department, and the required fee. Upon oavment of the required fee and
issuance of the certificate of use. the fire department shall issue the fire safetv permit.
which shall be renewed annuallv upon pavment of the required fee.
(3) Application for a fire safetv permit shall be made to the fire department bv all persons
who are not required to hold a certificate of use who are utilizino or occupvinq anv
facilitv, instrumentalitv or real propertv or anv part thereof. or undertakinq anv activitv
or causino to be undertaken anv activitv for which is required a fire safetv permit in
accordance with the provisions of this section. Such application shall be accompanied
bv such information as shall be required bv the fire department and the required fee.
(d) Fees. The fees for the issuance of the fire safetv permit and the annual renewal thereof. as
mav be required, are herein fixed as follows. Occupancies are classified in accordance with
the National Fire Protection Association (NFPA) 101 Life Safetv Code. as mav be amended
and adopted bv the Citv.
Annual adiustment of rates. The rates in appendix A pertaininq to this division will be
administrativelv adiusted annuallv to reflect increase(s) or decrease(s) in the Consumer
Price lndex for all urban consumers. CPI-U.
The citv is authorized to charqe interest to anv amount due when not paid bv the due date.
The interest rate shall be at the hiqhest leoal limit authorized bv law. olus collection costs
and attornevs'fees.
(1) Assemblv occupancies. Those occupancies that include. but are not limited to, all
buildinos or portions of buildinos used for oatherino tooether 50 or more persons for
such purposes as deliberation, worship, entertainment. eatinq. drinkino, amusement or
awaitinq transportation. Assemblv occupancies desionated as dance hall/entertainment
with or without alcohol and havinq an occupant load of 200 or more, a nioht inspection
fee shall be charqed of $4.00 per person based on the approved maximum number of
occupants desionated bv the Fire Marshal.
a. Class A-occupant load qreater than 1.000 persons: See appendix A.
b. Class B-occupant load oreater than 300 but not oreater than 1,000 persons: See
aPPendix A.
c. Class C-occupant load of 50 or more but not qreater than 300 persons: See
appendix A.
(2) Educational occupancies. Those occupancies that include buildinos or portions of
buildinqs used for educational purposes throuqh the 12th orade bv six or more persons
for four or more hours per dav or more than 12 hours per week.
a. Schools. private. educational facilities inclusive of the first to the 12th qrade:
Buildinos up to 10,000 square feet: See appendix A.
Buildinqs oreater than 10.000 square feet. See appendix A.
b. Nurseries, dav care centers, kinderqartens. educational facilities up to, but not
includinq the first qrade: See appendix A.
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(3) Health care occupancies. Those occupancies used for purposes such as medical or
other treatment or care of persons sufferino from phvsical or mental illness. disease or
infirmitv: and for the care of infants, convalescents or infirm aqed persons. Health care
occupancies provide sleepino facilities for four or more occupants and are occupied bv
persons who are mostlv incapable of self-preservation because of aoe, ohvsical or
mental disabilitv. or because of securitv measures not under the occupants' control.
Private hospitals. nursinq homes. limited care facilities:
Up to 100 beds: See appendix A.
Over 100 beds: See aopendix A.
(4) Residential occupancies. Those occupancies in which sleepinq accommodations are
provided for normal residential purposes and include all buildinos desioned to provide
sleepinq accommodations.
a. Apartmentbuildinqs:
Three to 11 dwellinq units: See appendix A.
Twelve to 50 dwellinq units: See appendix A.
Over 50 dwellinq units: See appendix A.
b. Hotel, motel, dormitories, lodqinq-house or roomino-house:
Three to 50 rental sleepino units: See appendix A.
Over 50 sleepino units: See appendix A.
c. Board and care facilities:
Small facilities. not more than 16 residents: See appendix A.
Larqe facilities. more than 16 residents: See appendix A.
(5) Mercantile occupancies.
a. Class A-all stores havinq an aooreqate oross area of more than 30.000 square
feet or utilizino more than three levels, excludino mezzanines. for sales purposes:
See appendix A.
b. Class B-all stores of more than 3,000 square feet but not more than 30,000
square feet aqoreqate oross area. or utilizinq floors above or below the street floor
level for sales purposes: See appendix A.
c. Class C-all stores of not more than 3,000 square feet gross area used for sales
purposes on one story onlv. excludinq mezzanines: See appendix A.
(6) Business occupancies. Those occupancies used for the transaction of business. other
than those covered under subsection (d)(5) of this section. for the keepino of accounts
and record, and for similar purposes.
a. General offices. includinq doctors', dentists'. and outpatient clinics (ambulatory):
Up to 5.000 square feet: See appendix A.
Over 5,000 square feet: See appendix A.
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b. Colleges and universitv instructional buildings. classrooms under 50 persons. and
instructional laboratories: See appendix A.
(7) lndustrial occupancies. Those occupancies such as factories makino products of all
kinds and properties devoted to operations such as processino. assemblinq. mixino.
packaqinq. finishino or decoratinq and repairinq.
a. General industrial occupancies-industrial operations conducted in buildinqs of
conventional desiqn suitable for various tvpes of industrial processes, subiect to
possible use for tvpes of industrial processes with hiqh densitv of emplovee
PoPulation:
Up to 5,000 square feet: See appendix A.
Over 5,000 square feet: See appendix A.
b. Special purpose industrial occupancies-industrial operations in buildinos
desiqned for and suitable onlv for particular tvpes of operations, characterized bv a
relativelv low densitv of emplovee population. with much of the area occupied bv
machinery or equipment:
Up to 5.000 square feet: See appendix A.
Over 5.000 square feet: See appendix A.
c. Hioh hazard industrial occupancies-buildinqs havinq hiqh hazard materials.
processes, or contents:
Up to 5.000 square feet: See appendix A.
Over 5.000 square feet: See appendix A.
(8) Storaqe occupancies. Those occupancies which include all buildinqs or structures
utilized primarilv for the storaqe or shelterinq of ooods. merchandise. products,
vehicles or animals.
a. Low hazard contents-classified as those of such low combustibilitv that no self-
propaqatino fire therein can occur: See appendix A.
b. Ordinarv hazard contents-classified as those that are likelv to burn with moderate
rapidlv or to oive off a considerable volume of smoke:
Up to 10,000 square feet: See appendix A.
Over 10,000 square feet: See appendix A.
c. Hiqh hazard contents-classified as those that are likelv to burn with extreme
rapiditv or from which explosions are likelv:
Up to 5.000 square feet: See appendix A.
Over 5,000 square feet: See appendix A.
(9) Marinas.
a. Three to 12 boat slips: See appendix A.
b. Thirteen to 50 boat slips: See appendix A.
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c. Over 50 boat slips: See appendix A.
(10)Miscellaneous. All uses of buildinqs not previouslv covered bv this section shall be
classified bv the fire marshal as the most similar use delineated above and assessed
an inspection fee accordinqlv.
(e) Revocation. penalties. The fire marshal mav revoke the fire safetv permit if. upon
inspection, anv violation of this section, the South Florida Fire Prevention Code or chapter
14 of the Dade Countv Code, or anv violation of anv condition, limitation or restriction which
is part of a fire safetv permit issued is found and not corrected within a reasonable amount
of time. Revocation shall be effective when the permit holder is dulv notified bv the fire
marshal. ln addition to the penalties orescribed under the code adopted in section 50-2. anv
person who uses anv premises after the fire safetv permit has been revoked shall be in
violation of this section and shall be subiect to proceedinos to revoke or suspend an
occupational license and/or certificate of use pursuant to chapter 102. article V. and/or
other penalties under applicable law. For purposes of enforcement under chapter 102,
article V, use of anv premises without a valid fire safetv permit shall be deemed an
emerqencv conditlon involvinq serious danoer to the public health, safetv or welfare.
Sec. 50-13. - Hazardous material registration and permit.
(a) Definitions. The followinq words. terms and phrases, when used in this section. shall have
the meaninqs ascribed to them in this subsection. except where the context clearlv
indicates a different meaninq:
Hazardous material means that material. chemical or substance which is hiohlv flammable,
or which mav self-react with other materials to cause fires or explosions. or which bv its
presence creates or auoments a fire or explosion hazard, or which bv its toxicitv, radioactivitv or
anv other phvsical. chemical or nuclear propertv. when contained or when involved in an
unauthorized release, mav cause danoer to life or create serious health hazard. Hazardous
materials shall include such materials as compressed qases. crvoqenic fluid. flammable liquid,
combustible liquid. flammable solid. corrosives. oxidizinq material. reactive and unstable
material, hiqhlv toxic. poisonous and radioactive material. whether the material is in usable or
waste condition. Hazardous materials shall include material identified in the Florida Substance
List compiled bv the state department of labor and emplovment securitv pursuant to F.S. S
442.103.
Person means anv natural person, firm. individual association. corporation. partnership,
ioint venture, municipalitv. oovernmental aqencv. political subdivision. public officer. partner.
director, officer, public corporation or anv other entitv of anv kind whatsoever. iointlv and
severallv. sinqular or plural.
Placard means a visible hazard identification sion or plate indicatino anv and all of the
hazardous materials presentlv stored. handled or used on the premises.
Premises means the buildinq or structure or oortion thereof upon which hazardous material
is stored. handled or used.
(b) Hazardous material reqistration and permit. No person shall store. handle or use anv
hazardous materials unless and until a valid permit has been issued bv the fire department.
in accordancewith South Florida Fire Prevention Code. article 31, section 31.103. Anvone
obtainino a permit under this section shall pav a permit fee as set forth in appendix A durino
the month followino the enactment of this leqislation, but bv no later than October 1.
Permits shall be renewed on an annual basis. Failure to pav the fee within 30 davs will
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result in a late permit fee as set forth in appendix A. Failure to pav the fee within 90 davs
will result in a late permit fee as set forth in appendix A. All applications for permits shall be
on a form prescribed bv the fire department and accompanied bv a hazardous material
inventorv form providino the followino information:
(1) The chemical or common name of the hazardous materials on the premises.
(2) An estimate of the maximum amount of hazardous material present on the premises.
(3) An estimate amount of the averaqe dailv hazardous material present on the premises.
(4) The specific location of the hazardous materials on the premises.
(5) A brief description of the manner of storase of the hazardous materials.
(c) Placard requirement. Everv person who obtains a permit pursuant to this section shall affixa placard for each hazardous material on the premises. Such placard shall be in
compliance with NFPA section 704 or as approved bv the fire department. The placard
must be affixed to a conspicuous location where each of the hazardous materials is stored.
handled or used on the premises. The placard mav be obtained bv the person or purchased
from the fire department at a cost as set forth in appendix A.
(d) lnspection. Everv person shall allow the fire department to conduct an on-site inspection of
the premises and shall provide to the fire department, upon request. information on the
specific tvpes, amounts and locations of anv and all hazardous material on the premises.
(e) Enforcement. Anv person who fails or refuses to complv with, or violates, anv of the
provisions of this section shall be subiect to prosecution under the citv's code enforcement
svstem, in accordance with chapter 30, and shall be subiect to immediate suspension of the
person's business license until such time as the provisions have been complied with.
(fl Annual adiustment of rates. The rates in appendix A pertainino to this division will be
administrativelv adiusted annuallv to reflect increase(s) or decrease(s) in the Consumer
Price lndex for all urban consumers. CPI-U.
(q) The citv is authorized to charqe interest to anv amount due when not paid bv the due date.
The interest rate shall be at the hiqhest leqal limit authorized bv law. plus collection costs
and attornevs'fees.
Sec. 50-14. - Penalties for violation of fire codes and enforcement.
Anv person. firm or corporation who violates or fails to complv with the minimum standards
established and adopted bv this chapter as mav be amended, shall upon conviction, be fined
not less than $100.00 for the first violation and not less than $1.000.00 for each subsequent
violation. ln addition. the countv iudqe mav. in his discretion, impose an additional penaltv of
imprisonment for a period of up to 90 davs. Each dav such violation shall be permitted to exist
shall constitute a separate offense. As an alternative method of enforcement. anv person. firm
or corporation who violates or fails to complv with anv of the minimum standards established
and adopted bv this chapter and who fails to complv with a final order issued in accordance with
the provisions of this chapter mav be subiect to enforcement orocedures before a special
master of the citv and to oenalties as set forth in Chapter 30 of this Code.
Sec. 50-15. - Fire alarms. requlations. penalties. enforcement.
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(a) Purpose of requlation. The purpose of this section is to place responsibilitv on the alarm
user to prevent. bv use of appropriate mechanical. electrical. or other means, false fire
alarms.
(b) Scope of requlations. The provisions of this section shall applv throuohout the qeoqraphical
area serviced [bvlthe Miami Beach Fire Department.
(c) Definitions.
(1) Alarm user means the person or other entitv that owns, possesses, controls. occupies
or manaqes anv premises as defined below.
(2) False fire alarm means a sional from a fire alarm svstem that elicits a response bv the
Fire Department when no actual or threatened fire-related emeroencv exists. This
definition includes siqnals activated bv neqliqence, accident. mechanical failure, and
electricalfailure siqnals activated intentionallv in non-emergencv situations, and siqnals
for which the actual cause of activation is unknown. lt is a rebuttable presumption that
a fire alarm is false if personnel respondino from the Fire Department do not discover
anv evidence of fire or other emeroencv after followinq normal Fire Department
operatinq procedures in investioatino the incident. An alarm is not false if the alarm
user provides evidence that (1) an individual activated the alarm based upon a
reasonable belief that a fire-related emerqencv existed: (2) the alarm svstem was
activated bv liqhtninq or an electrical suroe that caused phvsical damaoe to the
svstem. as evidenced bv the testimonv of a licensed alarm svstem contractor who
conducted an on-site inspection and personallv observed the damaoe to the svstem. or
(3) the alarm was activated bv vandals.
(3) Fire alarm svstem means anv assemblv of equipment, mechanical or electrical.
arranqed to signal the occurrence of fire-related emeroencv, requirinq uroent attention
and to which Fire Department personnel mav reasonablv be expected to respond. but
does not include household fire alarm svstems installed in one- or two-familv dwellinqs.
(4) Household fire alarm svstem means a svstem of devices that is listed for residential
use and installed in a one- or two-familv dwellino other than facilities that are required
to be licensed.
(5) Premises means the buildino or structure, or portion of a buildino or structure, upon
which a fire alarm svstem is installed or maintained.
(6) Vandals means a person or persons who willfullv cause damaqe to the fire alarm
svstem which results in the activation of a fire alarm.
(d) Fire alarms: postinq requirements. A fire alarm user shall conspicuouslv post at the main
entrance to the alarm user's premises a notice statinq (1) the name of an individual or alarm
companv able and authorized to enter the premises and deactivate the alarm: (2)
emeroencv telephone numbers bv which those individuals can be reached at all times: and
(3) the name and address of the alarm user. The information must be kept current and
failure to update this information within 48 hours of anv chanoe constitutes a violation of this
section.
(e) False fire alarms prohibited. No fire alarm user shall cause, allow, permit or suffer the fire
alarm svstem to emit three or more false alarms in anv calendar vear.
(fl lnspection requirements/post activation. After the second and each additional false fire
alarm in one calendar vear, the alarm user shall, within 30 davs. after the second or
subsequent fire alarm activation. file a written inspection and test report with the Fire
Department from a licensed fire alarm contractor statinq that the fire alarm svstem has been
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inspected and tested since the last false fire alarm. The report shall set forth the probable
cause of the activation, description of anv repairs, modifications made or actions taken to
prevent additional false alarm activations. The inspection and test report shall also state
that the svstem is currentlv fullv functional without deficiencies.
(q) Penalties. A violator of this section shall receive a fine(s) as follows:
(1) For the first false alarm within a calendar vear: A notice of violation with no fine.
(2) For the second false alarm within a calendar vear: A notice of violation with no fine.
(3) For the third and fourth false alarm within a calendar vear: A citation with a fine of
$250.00.
(4) For the fifth false alarm and subsequent false alarms includino the twelfth false alarm
within a calendar vear: A citation with a fine of $500.00.
(5) For the thirteenth and subsequent false alarms within a calendar vear: A citation with a
fine of $1.000.00.
(h) Enforcement. The fire inspector shall issue a citation for each false alarm. A violator who
has been issued a citation under this section shall elect either to:
(1) Pav the civil fine in the manner indicated on the citation: or
(2) Request an administrative hearino before a special master to appeal the decision of
the fire inspector which resulted in the issuance of the citation.
(i) Appeal of a citation. The violator mav appeal the citation bv requestins an administrative
hearino within ten davs from the date of issuance. The procedures for appeal of the citation
shall be as set forth in Chapter 30. as mav be amended from time to time.
(i) Failure to appeal. Failure of the named violator to appeal the citation within the prescribed
time period shall constitute a waiver of the violator's riqht to an administrative hearino
before the special master. A waiver of the rioht to an administrative hearinq shall be treated
as an admission of the citation. and fines are owed to the Citv. Unpaid fines mav result in
the imposition of laroer fines and/or further enforcement as set forth in this Chapter.
(k) Appeal of special master's decision. Anv partv aqqrieved bv the decision of a special
master mav appeal that decision as provided bv applicable Florida Statutes and Florida
Rules of Appellate Procedure.
(l) lmposition of civil fines. The Citv mav institute proceedinqs in a court of competent
iurisdiction to compel pavment of civil fines. A certified copv of an order imoosino a civil fine
mav be recorded in the oublic records and thereafter shall constitute a lien upon anv other
real or personal propertv owned bv the violator. and it mav be enforced in the same manner
as a court iudqment bv the sheriffs of this state. includinq levv aoainst the personal
propertv. but shall not be deemed to be a court iudqment except for enforcement purposes.
After two months from the filinq of anv such lien which remains unpaid. the Citv mav
institute proceedinos to foreclose or otherwise execute on the lien.
SECTION 4. That Chapter 66, "Marine Structures, Facilities and Vehicles," Article lll, "Piers,
Docks, and Boat Ramps," is hereby amended as follows:
Sec. 66-114. - Fee schedule for examination of plans, reinspections and special projects.
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(a) Up-front processing fee. When the building permit application for a marine structure is
received by the city, the applicant shall pay an up-front processing fee as specified in
appendix A. This processing fee is not refundable, but shall be credited toward the final
permit fee. This fee is in addition to fees which are required pursuant to chapter 14 and 98
of this Code and relates to examination of plans and inspections by the marine inspector to
determine compliance with this chapter.
(b) New rnarine strueture and/er additiens, See appendix A,
(e) \lteratiens and repairs te marine struetures, See appendix A,
(b) Reinspection fees.
(1) With respect to inspections, if the citv finds it necessarv, in order to enforce compliance
with state statutes, the Florida Buildino Code, and the citv's land development
requlations to conduct an inspection. after an initial inspection and one subsequent
reinspection. of anv proiect or activitv for the same code violation specificallv and
continuouslv noted in each reiection. includinq but not limited to. eqress, fire protection.
structural stabilitv, enerov. accessibilitv, liqhtino. ventilation. electrical. mechanical,
plumbinq, and oas svstems. or other requirements identified bv the rule of the Florida
Buildino Commission, state statutes or the citv's land development reoulations. a fee
of four times the cost of initial inspection or first reinspection. whichever is oreater, for
each subsequent reinspection shall be paid. The inspection cost is determined bv
multiplvino the actual time spent bv the inspector bv the inspection fee hourlv rate. as
defined in subsection 14-61 (cX1) and as specified in appendix A.
(2) Pavment of the reinspection fee shall be required before anv subsequent permits will
be issued to the person or entitv owino same. Further inspections SHALL be withheld
until pavment of reinspection fees has been made.
('1) When an extra inspeetien trip is neeessary due te ineerreet address given en a eall fer
eenstruetien' er werk net being ready feri eified in appendix A fer eaeh reinspeetien may
(2) lf it is determined by the field inspeeter eeneerned that the jeb has the same preblem
i
(3) Payment ef the reinspeetien fee shall be required befere any permits will be issued te
the persen er firm ewing same, Further inspeetien may be refused until payment ef
eh by the marine inspeeter/assignee in erder te answer
beat slips,
existing vielatiens are en
fer requests eutside the seepe ef nermal departmental werk, A minimum fee as speeified in
@
SECTION 5. That Chapter 86, "Sales," Article ll, "Garage Sales," Division 2, "Permit," is
hereby amended as follows:
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Sec. 86-56. - Required.
(a) No person shall conduct a garage sale within the city without first obtaining a permit.
(b) All persons wishing to obtain a garage sale permit shall make application at the code
compliance department of the city, and shall pay a fee as specified in appendix A, or at no
cost if permit is applied for and obtained online.
SECTION 6. That Chapter 98, "Streets and Sidewalks," Article lll, "Excavations," Division 2,
"Permit," is hereby amended as follows:
Sec. 98-92. - Application; amount of deposit; use of deposit to replace surface; permit
fee.
(d) Permit fees will be computed only for the primary item of work for which a permit is required. The fee
collected will also cover items of work incidental to the primary item and all processing and
inspection services rendered by the department of public works.
(e) A sureharge te building permits in the ameunt(9 eet ferth in appendix A will be added by
the publie werks department fer eenstruetien aetivities whiefr may impaet eity ewned
reviewr-and-insper te in
in
ived, finding sueh waiver
(0 Permits fer werk net identified in appendix A, lf it is determined that ne speeifie fee eategery
direetly matehes a permit applieatien request, the publie werks direeters rnay identify a
erk will be eharged
previde+
(g) Expired permits, Where the permit is reveked, er beeemes null and veid, er exrires
ien
k, pursuant te Seetren 108,4,1,1, ef the
evering the same prejeet and
i
under these
Page 46 of 53
187
preeeedingtwitfrthe werk; pursuant te Seetien 105, 1,1,1, ef the Flerida Building Gede, lf mere
than 180 days; but ne mere than 365 days; sinee the expiratien date ef the erigirC permit has
pesse4,-an*ne refund has been made aeeerding te this seetien, the applieant may apply te
same
perpni*-A{eeef 25 pereent ef the eriginal permit fee, plus a fee ef 20 pereent ef tlre new permit
ireumstanees,
Fer pennits that have expired where the enly missing eempenent is en+ er mere final
i
appr€vaL
the regula+ permit and ether applieable fees,
Sec.98-93.
entity granted a franehise by the eity whese permit fees are; by the term+ ef the franehise,
t
etherwise eemply with the previsiens ef this artiele,
(a) Levied Permits. A separate public works review fee associated with the buildino permit
plans review process is herebv levied and imposed. and shall applv to the citv's public
works department reviews of construction activities which mav impact citv-owned propertv.
riohts-of-wav. or easements. buildino, plumbinq, electrical and mechanical permits and
other plans review activities associated with the permit plans review process undertaken bv
that department. Said fee shall be collected bv the buildino department on behalf of the
plannino department. lnspections and other fees of the planninq department of the citv are
herebv levied and imposed and shall applv to buildino. plumbino, electrical and mechanical
permits and other activities undertaken bv that department as outlined in appendix A.
(b) Double fees. Anv person who commences anv work on a buildinq. structure, electrical. oas,
mechanical or plumbinq svstems before obtaininq the buildinq official's approval or the
necessarv permits shall be subiect to a penaltv of 100 percent of the required permit fee. in
addition to the required permit fees. plus a penaltv for the first. second and subsequent
offenses as outlined in appendix A.
(c) Reinspection fees.
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(1) With respect to inspections. if the citv finds it necessarv. in order to enforce compliance
with state statutes, the Florida Buildinq Code, and the citv's land development
requlations to conduct an inspection. after an initial inspection and one subsequent
reinspection. of anv proiect or activitv for the same code violation specificallv and
continuouslv noted in each reiection, includinq but not limited to. eqress, fire protection.
structural stabilitv. enerqv, accessibilitv, liohtinq, ventilation. electrical. mechanical.
plumbinq. and qas svstems, or other requirements identified bv the rule of the Florida
Buildins Commission, state statutes or the citv's land development requlations. a fee
of four times the cost of initial inspection or first reinspection, whichever is oreater, for
each subsequent reinspection shall be paid. The inspection cost is determined bv
multiplvino the actual time spent bv the inspector by the inspection fee hourlv rate. as
defined in subsection 15-31(s) and as specified in appendix A.
(2) Pavment of the reinspection fee shall be required before anv subsequent permits will
be issued to the person or entitv owino same. Further inspections SHALL be withheld
until pavment of reinspection fees has been made.
(d) Lost plans fee. When permitted set of plans are lost bv the applicants, owners. contractors,
or anv of their representatives. a recertification fee will be required to reproduce, stamp and
approve a new set of plans as a field copv. Such fee shall be based on a cost per page as
specified in appendix A.
(e) Revised plans review fee. The charqe for plans review of revisions to a permitted set of
plans shall be as specified in appendix A.
(fl Lost permit card fee. After a permit has been issued. if the permit inspection card has been
lost. a fee as specified in appendix A shall be charoed to resiqn or recertifv the
replacement.
(s) lnspection fee hourlv rate. The inspection fee hourlv rate, as soecified in appendix A. is
determined at the beqinnino of each fiscal vear based on the department's approved
overhead and indirect costs and the resources assiqned to inspection prooram.
(h) Plans re-review fee. When extra plans reviews are due to the failure to correct code
violations specificallv and continuouslv noted in each reiection, includinq, but not limited to,
e0ress, fire protection. structural stabilitv. enerov, accessibilitv, liqhtino ventilation,
electrical. mechanical. plumbino. and oas svstems. or other requirements identified bv the
rule of the Florida Buildinq Commission. in compliance with F.S. S 553.80(2Xb). each time
after the third such review that plans are reiected for the same code violation, a fee of four
times the amount of the proportion of the permit fee shall be attributed to plans review.
(i) Expedited plans review and inspection fee. Upon request from the applicant. the
department mav schedule an expedited plans review or inspection, on an overtime basis bv
citv staff. When such service is provided, a fee as specified in appendix A shall be charqed.
in addition to the reqular permit fee and other applicable fees. Expedited plan review
service mav be requested bv the applicant with a cost plus fee incurred in addition to the
reoular permit fee and other applicable fees.
(i) Permits for work not identified in appendix A. lf it is determined that no specific fee cateqorv
directlv matches a permit application request, the department director mav identifv a
cateqorv that closelv matches the level of effort or determine what the work will be charqed
at based on the time dedicated for plans review and inspection. The department director
mav require an upfront fee and a deposit to cover the estimated cost of the services to be
provided.
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(k) Citv proiects. The cost of enforcinq state statutes. buildinq code or the citv's land
development reoulations on citv related proiects will be reimbursed based on the actual
time spent in the processino, review and inspection of such proiects. The pavment will be
due prior to issuance of the certificate of occupancv or completion for the proiect. Effective
October 1 . 201 1 . for anv active permit applied for on or after Februarv 1 , 2010. fees shall be
based on the permit fee schedule in place at the time of the permit application submittal,
and should be paid accordinqlv.
(l) lAnnual adiustment of rates.l The rates in appendix A pertaininq to this division will be
administrativelv adiusted annuallv to reflect increase(s) or decrease(s) in the Consumer
Price lndex for all urban consumers, CPI-U.
(m) Electronic concurrent plan processinq. ln order to create a more efficient permittino process.
the buildinq department will be implementinq procedures to process plans electronicallv via
an automated workflow. Once implemented. the department will request that applicants
submit plans in an electronic format. lf the applicant chooses to submit paper plans, the
director. or his desiqnee has the authoritv to invoice for reimbursement of the conversion of
documents submitted to an electronic format.
(n) Phase permits. The Buildinq Official is authorized bv the Florida Buildino Code to provide
earlv start approval. The holder of such permit shall proceed at the holder's own risk with
the buildino construction and without assurance that a permit for the entire structure will be
qranted. A fee as specified in appendix A shall be paid for the public works department's
review if necessarv.
Sec.98-94.-@
The fees eharged pursuant te this Cede may be refunded by the publie werks direeter
@in+
(1) Ne refunds shall be made en requests invelving:
e, Permite under whieh werk has eemmeneed as evideneed by any reeerded
permit eevering werk
ien+rea=
(3) A full refund; less the rninimum up frent permit fee and any eutside ageney fees shall
permilapplieanlwhe requests a refund in writing' previded that a permit has net been
issue+
Page 49 of 53
190
ing, previded:
and
b, That a validated eepy ef the perrrit be submitted with suefr request; and
e' That ne werk; as evideneed by any reeerded inspeetien, has eemmeneed under
s{J€h-permit
(a) Up-front processinq fee.
(1) When the buildino permit application is received. the applicant shall pav an "up front"
processinq fee as specified in appendix A.
(2) This processinq fee is not refundable. but shall be credited toward the final buildinq
permit fee. The "up front" processinq fee. after it is calculated. shall be rounded up to
the nearest $5.00. with a minimum fee as specified in appendix A.
(b) Refunds. time limitations. cancellations. chanqe of contractor. The fees charqed pursuant to
the schedule in appendixA, provided the same arefora permit required by Section 105.1
of the Florida Buildinq Code, mav be refunded bv the buildino official subiect to the
followino:
(1) No refunds shall be made on requests involvino:
a. Permit fees of the minimum permit fee as specified in appendix A or less: or
b. Permits for which plans review has commenced, or
c. Permits revoked bv the buildinq official under authoritv oranted bv the Florida
Buildino Code: or
d. Permits cancelled bv court order: or d. Permits which have expired: or
e. Permits under which work has commenced as evidenced bv anv recorded
inspection havinq been made bv the department, unless the refund is due to an
overcharqe bv the citv.
(2) A full refund shall be qranted to a permit holder who takes out a permit coverino work
outside the iurisdictional inspection area.
(3) A full refund less the minimum up-front permit fee and anv outside aoencv fees shall be
qranted to a permit applicant who requests a refund in writinq within one vear of
pavment. provided that no plan review has commenced.
A full refund less the minimum permit fee as specified in appendix A or the up-front
permit fee. whichever amount is oreater, rounded down to the nearest dollar, and anv
outside aoencv fees shall be qranted to a permit applicant who requests a refund in
writino within one vear of pavment, provided that a permit has not been issued.
A full refund less the minimum permit fee as specified in appendix A or the up-front
permit fee, whichever amount is oreater. rounded down to the nearest dollar, and anv
outside aqencv fees shall be oranted to a permit holder (to whom a permit has been
issued) who requests a refund in writinq within one vear of pavment. provided:
Page 50 of 53
191
a. That the permit holder makes a written request prior to the permit expiration date:
and
b. That no work as evidenced bv anv recorded inspection has commenced under
such oermit.
(4) Where the permit is revoked, or becomes null and void. or expires because of lack of
work or abandonment. a new permit coverinq the proposed construction shall be
obtained before proceedino with the work. pursuant to Section 105.4.1.1 of the Florida
Buildinq Code. lf no more than 180 davs of the expiration date of the oriqinal permit
has passed. and no refund has been made accordinq to this section. the applicant mav
applv to renew the permit. The reapplication must be coverinq the same proiect and
involvinq the same plans, and must be submitted with the plans and the applicant's
validated copv of the orioinal permit. A fee of 25 percent of the orioinal permit fee. plus
an additional processinq fee equivalent to the minimum permit fee as specified in
appendix A. shall be charqed for a renewal under these circumstances.
For permits that have expired where the onlv missinq component is one or more final
inspections, the fee for reopeninq the permit. performino the final inspection(s), and
providing a final approval on the permit shall be charqed based on the minimum
buildino permit fee.
(5) Everv apolication submitted for permit will be evaluated and fees assessed accordinolv
whether it is for a master permit a standalone permit or a subcontracVtrade subsidiarv
permit. All submittals will be assessed the fees as prescribed in appendix A. or the
minimum permit fee. whichever is oreater.
(c) Public Works Fees associated with a buildino permit are as specified in appendix A.
Sec. 98-95. - Certificates of occupancv or completion.
Certificate of occupancv or completion. ln order to obtain temporarv. or final occupancv or
completion as required bv the Florida Buildinq Code. the followino orioinal fees shall be paid for
the purpose of defravinq the costs of processino the certificate, includinq anv necessarv
inspections.
a. Final certificate of occupancv or completion. Certificate of occupancv or completion
fees shall be as specified in appendix A.
b. Temoorarv certificate of occupancv or completion. Temporary certificate of occupancv
or completion fees shall be as specified in appendix A. The certificate of occupancv or
completion is the certificate of use for that facilitv for the first vear of operation or part
thereof.
Sec. 98-96. - Fortv-vear buildins recertification proqram.
There shall be a plan review and inspection fee for repairs or modifications to buildinos as
required bv the 4O-vear buildino recertification prosram. pursuant to Miami-Dade Countv Code
Chapter 8. Section 8-11(fl.
Page 51 of53
192
Sec. 98-97. - Emplovee traininq. education. safetv and technoloqv enhancements.
A surcharqe to buildinq, electrical. mechanical. plumbino and demolition permits will be added
for trainino, education and safetv of the planninq department emplovees, and to procure and
implement the latest technoloqies available for enhancement of services provided bv the
department. accordino to the schedule specified in appendix A.
Sec. 98-98. - General information.
a. A separate fire safetv, public works and/or zoninq review fee associated with the
buildinq permit process shall be charqed as outlined in appendix A.
b. Documents. Requests for copies of fire department records. inspection reports. loos.
or similar documents maintained bv the plannino department will be charqed a fee as
specified in appendix A.
Sec. 98-99. - lnterest.
The citv is authorized to charqe interest to anv amount due when not paid bv the due date.
The interest rate shall be at the hiqhest leoal limit authorized bv law, plus collection costs and
attornevs'fees.
Sec. 98-100 - Waiver.
The director of public works shall waive the permit fee for all work or excavations oerformed
bv the United States. the state. the countv, or anv aqencv or instrumentalitv thereof, or anv
entitv qranted a franchise bv the citv whose permit fees are. bv the terms of the franchise.
deductible from the pavments required bv the franchise, whether this work is performed bv
emplovees of the aoencv. bv the franchisee. or bv a private firm, person or corporation under
contract with the qovernmental aoencv or franchisee. However, such franchisee. governmental
aqencv or private firm. person or corporation under contract therewith shall not be relieved of
the responsibilitv for obtainino a permit for work or excavations subiect to this article and shall
otherwise complv with the provisions of this article.
SECTION 7. 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 8. COD!FICATION.
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 relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 9. SEVERABILITY.
Page 52 of 53
193
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 10. EFFECTIVE DATE.
This Ordinance shall take effect on April 1,2016 following adoption.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Philip Levine, Mayor
day of 2015.
t
C
APPROVED AS TO
FORM AND LANGUAGE
AttOrney
Underscore denotes new language
Stri*e+n+eugh denotes deleted language
[Sponsored by Commissioner Joy Malakoff]
T:\AGENDA\2015\October\Fees\Land Development Fees - BD FD PD PW City Code - ORD CC First Reading.docx
Page 53 of 53
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Agenda ttem (J D -
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Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Creating, Pursuant To Chapter
170, Florida Statutes, A Special Assessment District To Be Known As The Sunset lslands 3 & 4 Utility lmprovement
District, For A Term Of Ten (10) Years, To Fund The Placement Underground Of Utilities On Sunset lslands 3 & 4, At An
Estimated Cost Of $2,412,398; Providing For The Levy And Collection Of Special Assessments To Fund The
lmprovements; Providing The Manner ln Which Such Special Assessments Shall Be Made; Providing When Such Special
Assessments Shall Be Made; Designating The Lands Upon Which The Special Assessments Shall Be Levied; Providing
For Publication Of This Resolution: And Related Actions.
COMMISSION ITEM SUMMARY
Build and maintain infrastructure with full
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that over
77o/o of residents rated recently completed capital improvement proiects as "excellent" or "qood".
Item Summary/Recommendation :
On February 20,2002, the Mayorand City Commission adopted Resolution No.2002-24761, authorizing the City
Administration and City Attorney's Office to proceed with the creation of a special assessment district, pursuant to
Chapter 170, Florida Statutes, for the purpose of funding the relocation underground of overhead utility lines on
Sunset lslands 3 & 4 (the "District").
On February 8,2012, the Mayor and City Commission adopted Resolution No.2012-27842, which, among other things,
approved and allowed the Sunset lslands 3 & 4 Homeowners Association ("HOA") to proceed with the election
requirement establishing the proposed special assessment district, with at least sixty percent (60%) of the benefitted
property owners within such district vote in favor of its establishment and of the levy of special assessments to fund the
costs of the relocation underground of overhead utilities.
ln2012, eighty-one percent (81%) of the homeowners on Sunset lslands 3 & 4 voted in favor of funding the relocation
underground of overhead utilities through the creation, by the City Commission, of a special assessment district. The City
will provide advance funding for the undergrounding work and will execute agreements with each utility company based
on each company's binding estimate. The City will be reimbursed through the levy and collection of special assessments
from the property owners.
The City intends to perform the undergrounding of the utilities on Sunset lslands 3 & 4 in conjunction with the
Neighborhood No. 8: Sunset lslands 3 & 4 Right-of-Way lnfrastructure lmprovements Project.
The total cost associated with undergrounding includes the binding estimates from the frinchise utility companies (FPL,
ATT, and ABB), costs to install the conduits and related components by the City's contractor, project management fees,
financing costs and City of Miami Beach Administration fees which totals $2,412,398.
The City will obtain a bank loan to fund this project. No general fund revenues or reserves will be used for this project.
Once the City Commission adopts this flrst Resolution to create the District, the Administration can begin to secure
financing for the project.
Upon adoption of this first Resolution, and pursuant to Section 170.05, Florida Statutes, the City shall cause the
Resolution to be published in a newspaper of general circulation.
Upon completion of the preliminary assessment roll, the Mayor and City Commission must adopt a subsequent
Resolution to schedule a public hearing at which the owners of the properties to be assessed or any other persons
interested therein may appear before the Mayor and City Commission and be heard. Thirty days' notice in writing of such
hearing will be provided to each property owner.
Following the public hearing, the Mayor and City Commission shall make a final decision on whether to levy the special
assessments.
Once the City Commission adopts this first resolution accepting the City's project (i.e., installation of conduits and related
components, but excluding the connection of public properties to the underground utilities) as complete, the City may
begin invoicing property owners for the special assessments.
The Administration recommends of the resolution.
Financial !mpact Summary:
Clerk's Office
David Martinez. Ext. 6972
n-otts:
Department $rector Assistant City;{anager City {3ser
DM >T\ETC '71 '.JLM /-J u-'
T:\AGEND,{r20lSpctoberlClP\Sunset lslands 3 & 4\Sunset lsland 3 & 4 utility underqroundinq- SUNIMAR|/.dacxl
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MIAMIBEACH
City of Miqmi Beoch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33,l39. www.miomibeochfl.gov
COMMISSION
MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: A RESOLUTION OF THE MAYPR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,A, GREATING, PURSUANT TO
CHAPTER 170, FLORIDA STATUTES, A SPECIAL ASSESSMENT
DISTRICT TO BE KNOWN AS THE SUNSET ISLANDS 3 & 4 UTILITY
tMpRovEMENT D!STR!CT, FOR A TERM OF TEN (10) YEARS, TO
FUND THE PLACEMENT UNDERGROUND OF UTILITIES ON SUNSET
ISLANDS 3 & 4, AT AN ESTIMATED COST OF $2,412,398; PROVIDING
FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS TO
FUND THE IMPROVEMENTS; PROVIDING THE MANNER IN WHICH
SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN
SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING THE
LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE
LEVIED; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; AND
AUTHORIZING RELATED ACTIONS.
FUNDING
The City will obtain a loan to fund this project. No general fund revenues or reserves will be
used for this project.
ADMINISTRATION RECOMMEN DATION
The Administration recommends adopting the Resolution.
BACKGROUND
On February 20,2002, the Mayor and City Commission adopted Resolution No. 2002-
24761, authorizing the City Administration and City Attorney's Office to proceed with the
creation of a special assessment district, pursuant to Chapter 170, Florida Statutes, for
the purpose of funding the relocation underground of overhead utility lines on Sunset
lslands 3 & 4 (the "District").
On February 8,2012,the Mayorand CityCommission adopted Resolution No.2012-27842,
which, among other things, approved and allowed the Sunset lslands 3 & 4 Homeowners
Association ("HOA") to proceed with the election requirement imposed by the City
Commission in or about 2002, which requires that, as a condition precedent to the final
establishment of the proposed special assessment district, at least sixty percent (60%) of the
197
City Commission Memorandum
Sunset lslands 3 & 4 - Creation of Special Assessment District - Franchise Utility Undergrounding
October 14, 2015
Page 2 of 4
benefitted property owners within such district vote in favor of its establishment and of the
levy of special assessments to fund the costs of the relocation underground of overhead
utilities.
\n2012, eighty-one percent (81%) of the homeowners on Sunset lslands 3 & 4 voted in
favor of funding the relocation underground of overhead utilities through the creation, by the
City Commission, of a special assessment district. Chapter 170, Florida Statutes, authorizes
the City to create a special assessment district to fund the undergrounding of electrical
(FPL), telephone (ATT), and cable television (ABB) services, pursuant to voluntary
agreement with the utilities. The City will provide advance funding for the undergrounding
work, and will execute agreements with each utility company based on each company's
binding estimate. The City will be reimbursed through the levy and collection of special
assessments from the property owners.
On September 10, 2014, the Mayor and City Commission adopted Resolution No. 2014-
28749, pursuant to Request for Proposals No. 2014-051-SR, authorizing the Mayor and City
Clerk to execute an agreement with Ric-Man lnternational, lnc., for design/build services for
the Neighborhood No. 8: Sunset lslands 3 & 4 Right-of-Way lnfrastructure lmprovements
Project. The scope of services consists of right of way improvements, as well as installation
of conduits and related components for the future undergrounding of franchise utilities.
On October 14,2015, the Finance and Citywide Projects Committee ("FCWPC") held a
discussion regarding the establishment of a special assessment district on Sunset lslands 3
& 4 to fund the relocation underground of overhead utilities. FCWPC approved staffs
recommendation to refer this item to the City Commission, to adopt the first resolution to
create the special assessment district.
ANALYS!S
The City intends to perform the undergrounding of utilities on Sunset lslands 3 & 4 in
conjunction with the Neighborhood No. 8: Sunset lslands 3 & 4 Right-of-Way lnfrastructure
lmprovements Project. The City's contractor, Ric-Man lnternational, lnc., will install the
conduits and related components forthe undergrounding, afterwhich the respective utilities
will install their wiring and systems.
All the utilities have submitted their design documents including plans, specifications,
binding cost estimates, and agreements. The City must execute all agreements and pay the
respective utilities for all work to complete the undergrounding of utilities by February 28,
2016.
COSTS
The cost of the undergrounding project is based on the binding estimates that the City has
received from the respective utility companies (FPL, ATT, and ABB). The total cost
associated with the undergrounding of the franchise utilities includes the amounts set forth in
the binding estimates, costs for the City's contractor to install the conduits and related
components, project management fees, financing costs, and the City's administrative fees.
The total proposed special assessment has been reduced by the amount of the design
deposits paid by the HOA, as set forth in the table below. The costs are broken down as
follows:
198
City Commission Memorand um
Sunset lslands 3 & 4 - Creation of Special Assessment District - Franchise Utility Undergrounding
October 14,2015
Page 3 of 4
Utility Company
FPL
ATT
ABB
City's Cost to lnstall Conduits
Project Management Fees
Financing Costs
CMB Administrative Costs
Construction
Gost
$ 939,915.00
$ 169,056.00
$ 82,626.00
Design Deposit
paid by HOA
($ 9,020.00)
($ 8,ooo.oo)
Remaining
$ 930,895.00
$ 161 ,056.00
$ 82,626.00
$1,174,577.00
$ 335,675.00
$ 21,750.00
$ 774,714.00
$ 135,681.70
$1 ,191 ,597.00 ($17,020.00)
Total Cost $2,412,397.70
The City will obtain a bank loan to fund this prolect. No general fund revenues or reserves
will be used for this project. Once the City Commission adopts this first Resolution which
creates the District, the Administration can begin to secure financing for the project.
As evidenced by the results of the election held in 2012, the homeowners are prepared to
incur the cost of funding the undergrounding of electrical, telephone, and cable television
utilities on Sunset lslands 3 & 4, with a total estimated cost of $2,412,397.70, through the
creation of the District, which shall be known as the Sunset lslands 3 & 4 Utility lmprovement
District. As proposed by the HOA, each property owner will have the option of paying the
assessment in one lump sum, or in ten (10) annual installments. For purposes of the District,
each folio number will be assessed equally. The Preliminary Assessment Roll and
Assessment Plat are attached hereto as Exhibits A and B, respectively.
Each property owner will bear the additional cost associated with the connection of the
undergrounded utility systems to each private property. Therefore, such additional costs are
excluded from the estimated costs set forth above.
NEXT STEPS
Upon adoption of this first Resolution, and pursuant to Section 170.05, Florida Statutes, the
City shall cause the Resolution to be published in a newspaper of general circulation.
Upon completion of the preliminary assessment roll, the Mayor and City Commission must
adopt a subsequent Resolution to schedule a public hearing at which the owners of the
properties to be assessed or any other persons interested therein may appear before the
Mayor and City Commission and be heard as to the propriety and advisability of making such
improvements, the costs thereof, the manner of payment therefor, or the amount thereof to
be assessed against each lot so improved. Thirty days' notice in writing of such hearing will
be provided to each propefi owner.
Following the public hearing, the Mayor and City Commission shall make a final decision on
whether to levy the special assessments. At that time, the Mayor and City Commission shall
also serve as an "equalizing board" to hear and consider any and all complaints as to the
special assessments, and shall adjust and equalize the assessments on a basis of justice
and right.
199
City Commission Memorandum
Sunsef lslands 3 & 4 - Creation of Special Assessment District - Franchise Utility Undergrounding
October 14, 2015
Page 4 of 4
When so equalized, and approved by Resolution of the Mayor and City Commission, a final
assessment roll shall be filed with the City Clerk, and the special assessments (as set forth
in the final roll) shall stand confirmed and remain legal, valid, and binding liens upon the
property against which such assessments are made, until paid.
Once the City Commission adopts a resolution accepting the City's project (i.e., installation
of conduits and related components, but excluding the connection of public properties to the
underground utilities) as complete, the City may begin invoicing property owners for the
special assessments.
CONGLUSION
The Administration recommends adopting the Resolution.
Exhibit A - Assessment Roll
Exhibit B - Assessment Plat
JM/ETC/N
200
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CREATING, PURSUANT TO CHAPTER 170,
FLORIDA STATUTES, A SPECIAL ASSESSMENT DISTRIGT TO BE KNOWN
AS THE SUNSET ISLANDS 3 & 4 UTILITY IMPROVEMENT DISTRICT, FOR A
TERM OF TEN (10) YEARS, TO FUND THE PLACEMENT UNDERGROUND
OF UTILITIES ON SUNSET ISLANDS 3 & 4, AT AN ESTIMATED COST OF
$2,412,398; PROVIDING FOR THE LEVY AND COLLEGTION OF SPECIAL
ASSESSMENTS TO FUND THE IMPROVEMENTS; PROVIDING THE
MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE;
PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE;
DESIGNATING THE LANDS UPON WHICH THE SPECIAL ASSESSMENTS
SHALL BE LEVIED; PROVIDING FOR PUBLICATION OF THIS
RESOLUTION; AND AUTHORIZING RELATED ACTIONS.
WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality to levy special
assessments to pay for the relocation of utilities, including the placement underground of
electrical, telephone, and cable television services, pursuant to voluntary agreement with the
respective utilities; and
WHEREAS, presently, on Sunset lslands 3 & 4, utility lines and equipment for electrical,
telephone, and cable television services are located overhead; and
WHEREAS, the residents of Sunset lslands 3 & 4 have expressed a desire to relocate
such utilities underground; and
WHEREAS, the relocation underground of utilities protects utility services during severe
weather conditions, and enhances the aesthetic appearance of neighborhoods; and
WHEREAS, pursuant to Resolution No. 2002-24761, adopted on February 20,2002, the
City Administration and City Attorney's Office have worked with the Sunset lslands 3 & 4
Homeowners Association ("HOA") to proceed with the creation of a special assessment district
to fund the placement underground of electrical, telephone, and cable television services (the
"District"); and
WHEREAS, on February 8,2012, the Mayor and City Commission adopted Resolution
No. 2012-27842, which, among other things, approved and allowed the HOA to proceed with
the election requirement imposed by the City Commission in or about 2002, which requires that,
as a condition precedent to the final establishment of the proposed District, at least sixty percent
(60%) of the benefited property owners within such District vote in favor of its establishment and
of the levy of special assessments to fund the costs of the relocation underground of overhead
utilities; and
WHEREAS, pursuant to Resolution No. 2012-27842, a special mail ballot election (the
"Election") was held to determine whether at least 60% of the property owners approved the
creation of the District; and
201
WHEREAS, 81o/o of property owners voted in favor of the proposed District; 96 votes
were cast in favor of the creation of the District, 6 votes were cast in opposition to the creation of
the District, 1 ballot was returned without a vote, and 15 ballots were not returned; and
WHEREAS, the special assessments levied within the proposed District, to be known as
the "sunset lslands 3 & 4 Utility lmprovement District," shall be used to fund the placement
underground of electrical, telephone, and cable television services (the "lmprovements"); and
WHEREAS, the Mayor and City Commission hereby determine that it is in the best
interest of the City, and of the District, to perform the lmprovements and, as such, wish to defray
the entire cost of the lmprovements by levying special assessments upon the benefited
properties within the District ("Assessments"); and
WHEREAS, the Mayor and City Commission further determine that special benefits shall
accrue to the properties within the District from the lmprovements, and that the Assessments
shall be made in proportion to the benefits received, all as set forth in the preliminary
assessment roll attached hereto and incorporated herein as Exhibit "A"; and
WHEREAS, the Mayor and City Commission have determined that the Assessments to
be levied shall not exceed the special benefits to the affected properties within the District.
NOW, THEREFORE, BE !T RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT
SECTION l: All findings and recitals contained in this Resolution are hereby adopted
and incorporated herein.
SECTION 2: Pursuant to the provisions of Chapter 170, Florida Statutes, the Mayor and
City Commission hereby authorize a special assessment to be levied and collected, and hereby
create a special assessment district, to be known as the "Sunset lslands 3 & 4 Utility
lmprovement District," for a term of ten (10) years, for the purpose of relocating utilities,
including the placement underground of electrical, telephone, and cable television services,
pursuant to voluntary agreement with the respective utilities.
SEGTTON 3: The boundaries of the proposed District are as follows: All lots and lands
adjoining and contiguous or bounding and abutting upon such improvements or specially
benefited thereby and further designated by the Assessment Plat, attached hereto and
incorporated herein as Exhibit "B."
SECTION 4: The total estimated cost of the lmprovements to be funded by the proposed
Assessments is approximately $2,412,398.
SECTION 5: The Assessments shall be levied in accordance with the applicable
provisions of Chapter 170, Florida Statutes, for the purposes of defraying the cost of the
lmprovements.
SECTION 6: At the time of adoption of the Resolution by the Mayor and City
Commission, there shall be on file with the City Clerk the Assessment Plat, showing the area to
be assessed; the plans and specifications for the lmprovements; and an estimate of the cost of
the lmprovements, which documents shall be open to inspection by the public.
2
202
SECTION 7: Following approval of this Resolution, the City Administration is hereby
authorized and directed to cause to be made a preliminary assessment roll, as promptly as
possible, which shall show the properties assessed by folio number; the amount of benefit to
each property; and the special assessments against each property assessed by folio number.
SECTION 8: Once the Mayor and City Commission adopt a resolution accepting the
lmprovements as complete, the assessment shall be payable either (a) in one lump sum or (b)
in one installment per yearforten (10) years, either of which shall be payable to the Finance
Director of the City, or the Finance Director's designee, on such date as shall be contained in a
bill to be mailed to each property owner within the District at least thirty (30) days prior to the
due date, and following the confirmation by the Mayor and City Commission of the Final
Assessment Roll. lnstallments not paid when due shall become due and payable in accordance
with statutory provisions and shall remain liens, coequal with the lien of all state, county, district,
and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid, and shall
bear interest, at such rate or rates as specified in Section 170.09, Florida Statutes.
SECTION 9: Upon completion of the preliminary assessment roll, the Mayor and City
Commission shall adopt a subsequent resolution to fix a time and place at which the owners of
the property to be assessed or any other persons interested therein may appear before the
Mayor and City Commission and be heard as to the propriety and advisability of levying the
Assessments or making the lmprovements, the costs thereof, the manner of payment therefor,
or the amount thereof to be assessed against each lot so improved, all in accordance with
Chapter 170, Florida Statutes.
SECTION 10: The City Clerk is hereby directed to cause this Resolution to be published
one time in a newspaper of general circulation published in the City.
SECTION 11: The Resolution shall become effective upon the date of its adoption
herein.
PASSED and ADOPTED this
-daY
of
ATTEST:
2015.
Rafael E. Granado
City Clerk
Philip Levine
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION.nrl,[-$-q- 6
City Attorney Dote
F:\AfiO\KALN\RESOLUTIONS\Reso creating Sunset 3 and 4 undergrounding district.docx t\K
203
Exhibit A
SUNSETISLANDS3&4
Tota! of 118 properties
EACH PROPERTY SHALL HAVE THE OPTION OF A ONE-TIME PAYMENT OF 516,500.00, OR TEN (1.0)
ANNUAL INSTALLMENT OF S2,2OO.OO.
NO UnitFolio Site Address Site City Site Zip
L 0232280011810
2 0232280011860
3 0232280011820
4 0232270100350
5 0232280011970
6 0232280011600
7 0232280011730
8 0232280012200
9 0232280011440
10 0232270\00760
11 02322800t2L10
L2 0232280012060
13 0232270L00230
1,4 0232270L00400
15 02322800LL480
16 02322800t2L20
L7 02322800t2t80
18 023228007t920
19 0232280012070
20 0232280011651
2L 0232270100320
22 0232280011930
23 0232280012010
24 0232270L0O240
25 0232280071410
26 0232280011880
27 0232280011530
28 0232270100250
29 0232280012080
30 0232270t00340
31 0232280011580
32 0232280011800
33 0232270100250
34 0232280011500
35 0232280011310
36 0232280011360
37 02322800L2t00
38 02322800L2!70
39 0232280011850
40 0232270L0O4L0
41 02322800LL430
42 0232270LO0190
1825 W 24 ST
2120 BAY AVE
1821 W 24 ST
1530 W 21 ST
1541 W 22 ST
1700 w 24 ST
1826 W 23 ST
1443 W 21 ST
1501 W 24 ST
2323 LAKE AVE
1535 W 21 ST
1516 W 22 ST
2121 LAKE AVE
1610 W 21 ST
1405 W 24 ST
2111 LUCERNE AVE
2130 REGATTA AVE
1549 W 22 ST
2120 LUCERNE AVE
2288 SUNSET DR
1450 W 21 ST
1645 W 22 ST
1621 W 21 ST
2111 LAKE AVE
1611 W 24 ST
2L22BAY AVE
1440 W 23 ST
2OO1 LAKE AVE
1501 W 21 ST
1500 w 2L ST
1730 W 23 ST
1833 W 24 ST
2095 LAKE AVE
1400 w 23 ST
1531 W 23 ST
1434 W 24 ST
1525 W 21 ST
1510 W 22 ST
1727 W 24ST
1620 W 21 ST
1525 W 24 ST
2301 LAKE AVE
MiamiBeach
MiamiBeach
MiamiBeach
MiamiBeach
MiamiBeach
MiamiBeach
MiamiBeach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
MiamiBeach
MiamiBeach
MiamiBeach
Miami Beach
Miami Beach
Miami Beach
MiamiBeach
MiamiBeach
MiamiBeach
MiamiBeach
MiamiBeach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
MiamiBeach
MiamiBeach
MiamiBeach
Miami Beach
Miami Beach
Miami Beach
MiamiBeach
MiamiBeach
Miami Beach
Miami Beach
MiamiBeach
MiamiBeach
MiamiBeach
Miami Beach
33L40-4530
33140-4534
33140-4530
33140-4505
33140-4510
33140-4529
33140-452L
33140-4502
33140-4524
33140-4539
33140-4504
33140-4513
33140-4538
33t40-4507
33L40-4522
33140-4541
33140-4544
33L40-4512
331,40-4s42
33140-4546
33140-4503
33L40-4512
33140-4s06
33140-4538
331.40-4526
33L40-4534
33140-4s1s
33L40-4555
33140-4504
33140-4505
33140-4519
33140-4530
33140-4555
33L40-4515
33140-4515
331.40-4523
33140-4504
33140-4511
33140-4528
33L40-4507
33740-4524
33140-4539
204
Exhibit A
SUNSETISLANDS3&4
Total of 118 properties
EACH PROPERTY SHALL HAVE THE OPTION OF A ONE-TIME PAYMENT OF S16,500.00, OR TEN (10)
ANNUAL INSTALLMENT OF S2,2OO.OO.
NO UnitFolio Site Address Site City Site Zip
43 0232280012290
44 02322800L17t0
45 0232280011630
46 02322800LL370
47 02322800L2230
48 0232270L00220
49 02322800LL540
50 0232270L001.40
51 02322800t7640
52 02322800LL750
53 02322800t2L50
54 0232270100L70
55 0232280012090
56 0232280012000
57 0232280012L60
58 0232270100390
59 02322800L1.450
50 0232270LOO430
51 023228001.1.620
62 02322701002L0
63 0232270100310
64 02322800L2040
5s 0232270100300
66 02322800722t0
67 02322800L2L40
68 02322800rL470
69 0232270700330
70 0232280011330
71 0232280011380
72 02322800L2240
73 02322800t2280
74 0232280012270
75 0232280011510
76 0232280011960
77 02322800LL775
78 02322800L2220
79 0232280011610
80 02322800LL460
81 0232280012t90
82 0232280011830
83 0232280012050
84 0232280011690
1401 W 22 ST
1800 w 23 ST
1830 W 24 ST
1410 W 24 ST
2121 REGATTA AVE
2125 LAKE AVE
1500 w 23 ST
2345 LAKE AVE
1800 w 24 ST
1844 W 23 ST
1530 W 22 ST
2315 LAKE AVE
1515 W 21 ST
2110 LUCERNE AVE
1520 W 22 ST
1500 w 21 ST
1441 W 24 ST
1630 W 21 ST
1,831W 23 ST
2131 LAKE AVE
1440 W 21 ST
2131 BAY AVE
1430 W 21 ST
2111 REGATTA AVE
2121. LUCERNE AVE
1415 W 24 ST
1450 W 21 ST
1500 w 24 ST
23OO LAKE AVE
1420 W 22 ST
1431 W 22 ST
1433 W 22 ST
r,420 w 23 ST
1617 W 22 ST
1818 W 23 ST
2120 SUNSET DR
23OO SUNSET DR
1431 W 24 ST
1401 W 21 ST
t775W 24ST
1630 W 22 ST
1750 W 23 ST
MiamiBeach
MiamiBeach
MiamiBeach
MiamiBeach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
MiamiBeach
MiamiBeach
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Miami Beach
MiamiBeach
33140-4508
33L40-4527
33140-4531
33740-4523
331,40-4543
33140-4538
33L40-4577
33140-4539
33140-4531
331.40-4527
33740-45L1.
33140-4539
33140-4504
33t40-4542
33140-4511
33140-4507
33140-4522
33740-4507
33140-4520
33140-4538
33140-4503
33140-4533
33140-4503
33140-4543
33L40-454L
33140-4522
33140-4503
33140-4525
33740-4540
33140-4509
33140-4508
33140-4508
33140-4515
33L40-4512
33L40-4521
33t40-4562
33140-4548
33L40-4522
33140-4502
33L40-4528
33140-4513
33140-4519
205
Exhibit A
SUNSETISLANDS3&4
Total of 118 properties
EACH PROPERTY SHALL HAVE THE OPTION OF A ONE.TIME PAYMENT OF 516,500.00, OR TEN (10)
ANNUAL INSTALLMENT OF S2,2OO.OO.
NO UnitFolio Site Address Site City Site Zip
85 0232270LO0280
86 0232280011740
87 0232280011910
88 0232270LOOL50
89 023228001.1.400
90 023228001L340
91 0232280011580
92 02322800Lt780
93 0232280011ss0
94 0232280011890
95 0232270100290
96 023228001t320
97 023228001.1.590
98 0232280077420
99 0232280011350
L00 0232280011300
101 0232280011990
LOz 023228001.1770
103 0232280011790
104 0232280011840
105 02322800L1940
106 02322800r_1980
LOl 0232270700350
108 0232270100370
109 0232280011900
110 02322800t2260
111 0232270LOO200
t12 0232280011560
113 02322800LL290
L74 0232270100380
115 0232280011390
116 0232280011660
L17 0232270100180
118 02322800LL760
14L0 W 21 ST
1836 W 23 ST
2142 BAY AVE
2335 LAKE AVE
1621 W 24 ST
1505 W 23 ST
1745 W 23 ST
2324 BAY AVE
1510 W 23 ST
2130 BAY AVE
1420 W 21 ST
1530 W 24 ST
1750 W 24 ST
1601 W 24 ST
1441 W 23 ST
1600 w 24 ST
1515 W 22 ST
2312 BAY AVE
1839 W 24 ST
1745 W 24 ST
1635 W 22 ST
1531 W 22 ST
1520 W 21 ST
1540 W 21 ST
2138 BAY AVE
220]. SUNSET DR
2135 LAKE AVE
2277 SUNSET DR
2301 SUNSET DR
1550 W 21 ST
L717 W 24Sr
1710 W 23 ST
2305 LAKE AVE
23OO BAY AVE
Miami Beach
Miami Beach
Miami Beach
Miami Beach
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Miami Beach
33140-4503
33140-452L
33140-4534
33140-4539
33740-4526
33140-4516
33140-4518
33140-4535
33L40-45L7
33140-4534
33140-4503
33140-4525
33740-4529
33L40-4526
33140-4514
331.40-4527
33140-4510
33140-4535
33140-4s30
33140-4528
33140-4572
33140-4510
33140-4505
33140-4505
33L40-4534
33140-4545
33140-4538
33140-4545
331.40-4547
33140-4505
33140-4528
33140-4519
33140-0000
33140-4535
206
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207
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Agenda ltem
Date
oooolo666otooooo16
EPsER-soEl-'l
RDA-/A209
210