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Home My WebLink AboutAgenda Item Summary FormDate: 05/12/2020 AGENDA ITEM SUMMARY FORM File ID: #7444 Commission Meeting Date: 05/28/2020 Type: Ordinance Subject: Emergency Legislation - Toll and Extend Timeframes for Action Budget Impact Analysis Item is NOT funded by Bonds Requesting Department: City Manager's Office Reviewed By City Manager's Office Arthur Noriega V Office of Management and Budget Christopher M Rose Legislative Division Valentin J Alvarez Office of the City Attorney George Wysong Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Legislative Division Valentin J Alvarez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Attorney George Wysong Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Sponsored By: District Impacted: All City Manager Review Completed Budget Review Completed Legislative Division Review Completed ACA Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Legislative Division Review Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 05/18/2020 3:43 PM 05/18/2020 4:24 PM 05/18/2020 4:30 PM 07/01/2020 11:53 AM 05/18/2020 8:46 PM 05/18/2020 8:49 PM 05/28/2020 9:00 AM 05/28/2020 3:31 PM 06/02/2020 4:59 PM 06/02/2020 5:00 PM 07/01/2020 12:08 PM 07/01/2020 2:48 PM Completed 07/01/2020 7:47 PM City of Miami File ID: 7444 (Revision: A) Printed On: 711012020 - City of Miami City Hall Legislation 3500 Pan American Drive g Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:13902 File Number: 7444 Final Action Date: 5/28/2020 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RETROACTIVELY TOLLING AND SUSPENDING ALL APPLICABLE DEADLINES AND TIME PERIODS PRESCRIBED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21"); AND RESOLUTION NO. R-20-0015 RELATING TO THE MIAMI 21 REPORT AD HOC TASKFORCE, INCLUDING BUT NOT LIMITED TO, DEADLINES AND TIME PERIODS PERTAINING TO PUBLIC HEARINGS AND DECISIONS MADE BY LEGISLATIVE BODIES, QUASI-JUDICIAL BODIES, THE ZONING ADMINISTRATOR, THE DIRECTOR OF PLANNING, THE BUILDING DIRECTOR, THE BUILDING OFFICIAL, OR OTHER CITY OF MIAMI OFFICIALS, INCLUDING EXPIRATION DATES FOR UTILIZATION OF EXISTING APPROVALS FOR THE DURATION OF THE LOCAL STATE OF EMERGENCY DECLARED BY MAYOR FRANCIS X. SUAREZ ON MARCH 12, 2020 PURSUANT TO THE AUTHORITY GRANTED TO MUNICIPALITIES BY SECTIONS 252.38, ET SEQ., AND 501.160, FLORIDA STATUTES, AND EXECUTIVE ORDER NUMBER 20-114 EXTENDING EXECUTIVE ORDER 20-52 PROMULGATED BY GOVERNOR RON DESANTIS ON MARCH 9, 20207 MORE SPECIFICALLY, SECTION (4)(D)(1) WHICH PROVIDES THAT EACH MUNICIPALITY IN THE STATE OF FLORIDA IS AUTHORIZED TO WAIVE THE PROCEDURES AND FORMALITIES OTHERWISE REQUIRED OF THE POLITICAL SUBDIVISION BY LAW PERTAINING TO THE TAKING OF WHATEVER PRUDENT ACTION IS NECESSARY TO ENSURE THE PUBLIC'S HEALTH, SAFETY, AND WELFARE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT THE TOLLING ESTABLISHED HEREIN IS CONCURRENT WITH ANY OTHER EXTENSIONS UNDER LAW AND NOT CONSECUTIVE; PROVIDING THAT THE TOLLING ESTABLISHED HEREIN SHALL NOT APPLY TO CODE ENFORCEMENT PROCEEDINGS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes, Mayor Francis X. Suarez ("Mayor") of the City of Miami ("City") declared on March 12, 2020 that a State of Local Emergency ("Emergency") exists within the City in response to the Novel Coronavirus ("COVID-19") pandemic; and WHEREAS, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes, the Mayor has extended the Emergency which remains in effect as of the date of this Resolution; and City of Miami File ID: 7444 (Revision: A) Printed On: 711012020 WHEREAS, the effects of the COVID-19 pandemic continue to require extraordinary and immediate actions by the City in order to protect the public's health, safety, and welfare; and WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis promulgated Executive Order 20-52 ("EO") and declared a State of Emergency in State of Florida ("State") in response to the COVID-19 pandemic; and WHEREAS, Section (4)(D)(1) of the EO provides that each municipality in the State is authorized to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to the taking of whatever prudent action is necessary to ensure the public's health, safety, and welfare; and WHEREAS, the COVID-19 pandemic is a natural emergency whose increasing effects are being felt within the City and that on account thereof, there is reason to believe that it is necessary to take whatever prudent action is necessary to ensure the health, safety, and welfare of the City; and WHEREAS, due to the effect of the Safer at Home orders promulgated by the federal government, the State, Miami -Dade County, and the City, most City facilities have been shut down, public hearings have been cancelled, and routine City business has been significantly curtailed; and WHEREAS, under certain circumstances, Section 252.363, Florida Statutes, provides for the tolling and extension of permits and other authorizations and further provides that the declaration of a State of Emergency issued by the Governor for a natural emergency tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration and the emergency declaration extends the period remaining to exercise the rights under a permit or other authorization for six (6) months in addition to the tolled period to the following: 1. The expiration of a development order issued by a local government. 2. The expiration of a building permit. 3. The expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 373, Florida Statutes. 4. The buildout date of a development of regional impact including any extension of a buildout date that was previously granted as specified in Section 380.06(7)(c), Florida Statutes; and WHEREAS, there are other timelines and deadlines in the Code of the City of Miami, Florida, as amended ("City Code"), and Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21") that are not subject to the above -referenced statutory waiver and the City Commission has determined that a limited waiver and/or tolling of all of the applicable timelines and timeframes established in the City Code and Miami 21 is necessary during the COVID-19 pandemic; and WHEREAS, the City Commission finds that this Ordinance is necessary on an emergency basis on the grounds of an urgent need for the preservation of health, safety, welfare, or property of the public and the City; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. City of Miami File ID: 7444 (Revision: A) Printed On: 711012020 Section 2. The City Commission hereby tolls all applicable deadlines and time periods prescribed in the City Code and Miami 21, including but not limited to, deadlines and time periods pertaining to public hearings and decisions made by legislative bodies, quasi-judicial bodies, the Zoning Administrator, the Director of Planning, the Building Director, the Building Official, or other City Department officials, including expiration dates for utilization of existing approvals for the duration of the Emergency originally declared by Mayor Suarez on March 12, 2020. Section 3. The City Commission hereby tolls all applicable deadlines and time periods related to the Miami 21 Report Ad Hoc Taskforce established by Resolution No. R-20-0015 for the duration of the Emergency originally declared by Mayor Suarez on March 12, 2020. Section 4. This tolling of deadlines shall run concurrently and not consecutively with any other extensions provided in law, including but not limited to, any extension provided in Section 252.363, Florida Statutes, as amended. Section 5. This tolling of deadlines shall not apply to any Code Enforcement proceedings under Chapter 2, Article X of the City Code. Section 6. This Ordinance shall be retroactive to March 12, 2020, the date that the Mayor declared an Emergency. Section 7. All periods referenced herein shall be tolled as long as an Emergency remains in effect or until this Ordinance is repealed, whichever shall occur first. Section 8. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 9. This Ordinance shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: i ria i "ndez, ity Attor iey 5/18/2020 ' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 7444 (Revision: A) Printed On: 711012020