HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mdndez, City Attorney
DATE: June 9, 2021
RE: SR 3, Ordinance of the City Commission Amending Chapter 10 of the Code
of the City of Miami, Florida, as Amended, Titled "Buildings," to add a new
Article XII, Titled "Building Energy and Water Consumption Benchmarking"
File No. 8728
Item SR. 3 on the June 10, 2021 City Commission Agenda is being substituted to
modify the following: (1) clarifies there are no City of Miami fees associated with
submission of reports for Benchmarking and returning; (2) removes Affordable Housing
exemption to Benchmarking and instead provides an exemption to retuning requirements;
(3) includes mechanical permits in Section 10- 154; (4} includes soft costs to permit fee
credit for costs incurred by property owners when retuning; (5) removes Benchmarking
from permit fee credit; (6) adds avenues for the Director to enforce Benchmarking and
retuning duties pursuant to the Ordinance.
CC. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
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Legislation
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Ordinance:
File Number: 8727
City Han
3500 Pan American Drive
Miami, FL 33133
www. miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENERGY
AND WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS
OVER 20,000 SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND
REPORT ANNUAL ENERGY AND WATER BENCHMARKING TO THE CITY OF
MIAMI; PROVIDING FOR EXEMPTION OF CERTAIN BUILDING TYPES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, the City of Miami ("City") desires to raise awareness of energy performance
through information and transparency with a goal of unlocking energy and cost savings
opportunities and health benefits for the City's businesses and residents; and
WHEREAS, benchmarking of energy and water consumption is part of committed
actions in the Resilient305 Unified Strategy with Miami -Dade County and the City of Miami
Beach as well as in the City's Miami Forever Climate Ready strategy which was launched
in January 2020; and
WHEREAS, the City's 2018 Greenhouse Gas Emission Inventory revealed fifty-two
percent (52%) of greenhouse gas emissions are from buildings; and C?
WHEREAS, a relatively small number of large buildings often account for a r,'
considerable portion of a city's energy use; and
WHEREAS, annual benchmarking of energy and water consumption helps building
owners, property managers, and facilities' staff establish energy performance baselirks; 3
monitor performance over time, guide actions to cut waste, and verify energy and wE&rp
Co
savings from investments as well as mitigates carbon emissions; and
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WHEREAS, benchmarking data provides summary information about public and
private buildings, documenting trends in energy and water performance; and
WHEREAS, benchmarking allows for a data -based approach to analyzing future
energy needs, where improvements can be made, and how to reduce costs; and
WHEREAS, more than thirty (30) major United States cities and counties, including New
York, Chicago, Atlanta, Boulder, and Kansas City, have adopted similar requirements, thus
demonstrating the acceptability, legality, and feasibility of such requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA.
City of Miami Page i of 11 File IA: 8727 (Revision: B) Printed On: 6(912021
File ID: 8727 Enactment Number:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the Code of the City of Miami, Florida, as amended, is further
amended in the following particulars.'
"CHAPTER 10
BUILDINGS
ARTICLE XII. BUILDING ENERGY AND WATER
CONSUMPTION BENCHMARKING AND RETUNING
Sec. 10-147. Building Ener and Water Consum tion Benchmarkin and RetuningOrdinance.
Intent. This Article shall be known and may be cited as the City of Miami's ("City") Building
Energy and Water Consumption Benchmarking and Retuning Ordinance and is intended to
allow a data -based approach to analyze future energy needs, improve future usages, eliminate
waste, and reduce costs.
Sec. 10-148. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Article, have
the meanings indicated in this Section:
Aggregated, Whole -Building Data means energy or water data that has been summed for an
entire property, which may include a single occupant or a group of separately metered tenants.
Base Building Systems mean the systems or subsystems of a building that use or distribute
energy, water, impact energy, and/or water consumption, including, but not limited to the
building's envelope as well as its HVAC systems, conveying systems, electrical andlighting
systems, on -site -generation systems, domestic hot water systems -water distribution systems,
plumbing fixtures and other water -using equipment, and landscape irrigation systems and water
features including fountains and excluding systems or subsystems that operate industrial
applications or processes or any systems or subsystems in a multifamily residential building
appurtenant only to the specific dwelling unit for which the occupant of that unit bears
responsibility for its maintenance and such usage is measured by a meter or submeter.
Benchmark means to input and submit the total energy and water consumed for a property for
the previous calendar year and other descriptive information for such property as required by
the Benchmarking Tool. Total energy and water consumption shall not include separately
metered uses that are not integral to buildinq operations as determined bathe, Director.
Benchmarking Submission means a subset of information input into the Benchmarking Tool and
Benchmarking information generated by the Benchmarking Tool as determined by the Director.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 11 File ID, 8727 (Revision: 8) Primed on: 6/912021
Fife ID: 8727 Enactment Number:
Benchmarking Tool means the U.S. Environmental Protection Agency's "EPA" ENERGY
STAR® Portfolio Manager or any additional or alternative tool adopted by the Director used to
track and assess the energy and water use of certain properties relative to similar properties.
Covered Private Property means a propel other than a covered City property, or any property
owned or operated by Miami -Dade County, the State of Florida, or the Federal government with
a building or buildings that exceed 20,000 square feet of Gross Floor Area.
Covered Public Property means a property with a building or buildings that exceed 20,000
square feet of Gross Floor Area and is owned leased or mans ed by the City and where the
City regularly pays all or part of the annual energy and/or water bills.
Covered Property means any Covered Public Property or Covered Private Property except for
any property with a single-family home or duplex, a solely residential multi -family building of five
(5) units or less, or any building with an industrial use per designated Standard Industrial
Classification (SIC) codes 20 through 39.
Department means the City's Building Department.
Director means the Director of the Department or designee.
Energy means electricity, natural gas, steam, or other product sold by a utility to a customer of a
property or renewable on -site electricity_ generation for purposes_ of providing heating, cooling,
lighting, water heating, or for powering or fueling other end -uses as recorded in the
Benchmarking Tool.
ENERGY STAR@ Score means the 1-100 numeric rating generated by the ENERGY STARE)
Portfolio Manager tool as a measurement of a building's energy efficiency.
ENERGY STARO Portfolio Manager means the tool developed and maintained by the EPA to
track and assess the relative energy performance of buildings.
Financial Hardship (of a property) means that a property:
1, Had arrears of property taxes or special assessments that resulted in the issuance of
a tax certificate against the property within the prior two (2) years;
2. Has a court appointed receiver in control of the asset due to financial distress;
3. Is owned by a financial institution through default bathe borrower;
4. Has been acquired by a deed in lieu of foreclosure; or
5. Has a senior mortgage subiect to a notice of default.
Gross Floor Area means Floor Area as defined in Article I, Section 1.2 of Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), or as
defined in any successor Zoning Ordinance.
Shared Benchmarking Information means information generated by the Benchmarkinq Tool and
descriptive information about the physical groperty and its operational characteristics which is
shared with the public. The information, as defined by the ENERGY STAR® Portfolio Manager
glossary, includes, but is not limited to, descriptive information such as the property's address,
primary use, Gross Floor Area, number of floors, number of years the property has been
ENERGY STAR® Certified, and the last approval date, if applicable, as well as energy -related
City of Miami Page 3 of 11 File ip: 8727 (Revision: 8) Printed on: &W2421
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ut information such as site and source enerav use intensitv. weather normalized site and
source energy use intensity, the ENERGY STAR @)score (where available), total annual
greenhouse pas emissions, monthly energy use by fuel type, indoor water use and water use
intensity (consumption per gross square foot), outdoor water use (where available), total water
use, the property's ENERGY STAR@) Water Score (where available), and any other general
comments required to explain said ENERGY STAR® Scores.
_System or Subsystem means a building assembly made up of various components that serve a
specific function including but not limited to exterior walls, windows, doors, roofs, ceilings, floors,
lighting, piping, ductwork, insulation, Heating, Ventilation, and Air Conditionina ("HVAC") system
equipment or components, electrical appliances, and plumbing appliances.
Utility means an entity that distributes and/or sells natural gas, electric, water, or thermal energy
services for buildings.
Sec. 10-149. Applicability.
This Ordinance shall apply to all new and existing Covered Properties in accordance with the
initial compliance timetable set forth in Section 10-138 of the City Code so long as the
Benchmarking Tool as selected by the Director remains free to use by members of the general
up blic•
Sec. 10-150. Procedures.
The owner of each Covered Property shall collect and enter data for the previous calendar year
into the Benchmarking Tool. Unless otherwise defined in this Ordinance, the owner of each
Covered Property shall input all data into the Benchmarking Tool in a manner that conforms to
latest guidance provided by the EPA for use of the Benchmarking Tool. Whole -building utility
data for the property's energy water and energy use shall be compiled using one or more of the
following methods:
(a) Obtaining Aggregated, Whole -Building Data from a utility cornpam
Lbj Collecting data from all tenants for nonresidential properties; or
(c) Reading a master meter.
If the owner of a Covered Property does not otherwise have access to whole -building energy
and water data, such property owner shall request Aggregated, Whole -Building Data from each
utility that provides energy or water service to the property and that has made aggregated utility
data available to owners before the reporting date of that calendar year. When a Utility does not
provide whole -building energy or water data, the owner of a nonresidential Covered Property
shall request energy and water data from tenants or occupants.
Each non-residential tenant located in a Covered Property shall, within thirty (30) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be ac uired by the owner and that is needed by the owner to comply with the
requirements of this Ordinance.
When the owner of a Covered Property receives notice that a nonresidential tenant intends to
vacate a space within such property and the Utilities do not provide Aggregated, Whole -Building
Data. the owner shall reauest information relatina to such tenant's enerav and water use for anv
period of occupancy relevant to the owner's obligation to Benchmark.
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When a Covered Property changes ownership, the previous owner shall provide the new owner
with all information needed to Benchmark for the period during which the previous owner was in
possession of the property..
Sec. 10-151. Duty to Repo rt Benchmarkin .
There shall be no City fees associated with the submission of Benchmarking reports or retuning
reports. For every Covered Property subject to this Chapter, the owner shall annually submit to
the Director an energy and water Benchmarking report in an electronic format as established by
the Director by the date specified in Section 10-152 of the City Code.
The information included in the annual Energy and Water Benchmarking Report shall include, at
a minimum, the Shared Benchmarking Information for the previous calendar year.
The owner of each Covered Property shall enter data into the Benchmarking Tool so that the
energy and water Benchmarking report shall be based on an assessment in the Benchmarking
Tool of the aggregated total energy and water consumed by the whole property for the entire
calendar year being reported.
Before submitting a Benchmarking Submission, the owner shall run all automated data quality
checker functions available within the Benchmarking Tool and shall verify that all data has been
accurately entered into the Benchmarking Tool. In order for the Benchmarking report to be
considered in coml2liance with this Ordinance the owner shall correct all missing or incorrect
information as identified by the Benchmarking Tool prior to submitting the Benchmarkin,, r
to the Director.
Where the current owner learns that any information reported as part of the Benchmarking
Submission is inaccurate or incomplete, the owner shall amend the information so reported
within the Benchmarking Tool and shall provide the Director with an updated Benchmarking
Submission within thirty (30) days of learning of the inaccuracy.
Sec. 10-152. Benchmarking Requirements.
(a) The owner of a Covered Property shall ensure that for each such property, a
Benchmarking report is generated, completed, and submitted to the Director annually.
(b) The Benchmarking reports for each Covered Property shall be due by the dates as
defined in the following table, Subsequent Benchmarking reports for each Covered
Pro a shall be due by June 30 of each year thereafter,
WIPIM
Size (Gross Floor Area)
Initial Com liance Re uired by:
Buildings 200,000_sguare
June 30, 2023
feet or larger
Buildings between 100,000
^
October 1, 2023
square feet and 199,99
square feet
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Buildings between 50,000
October 1 2024
and 99,999 square feet
Buildings between 20 WO
October 1, 2025
and 49,999 square feet
Sec. 10-153. Benchmarkina Exemotions.
(a) Benchmarking is not re aired for a Covered Public Progerty for the current reporting
year if the owner submits documentation to the Director establishing that the property
has met one of the following conditions:
1. The property does not have a Certificate of Occupancy or Temporary Certificate
of Occupancy for all 12 months of the calendar year being Benchmarked-,
2. A demolition permit for the entire building was issued for the calendar year being
Benchmarked, provided that demolition work has commenced and legal
occupancy was no longer possibleprior to end of that year;
3. The property did not receive energy or water services for the entire calendar year
to be Benchmarked; or
4. The Covered Property had average physical occupancy of less than fifty percent
L50°/a) throughout the calendar vear for which Benchmarkinq is required.
(b) Bench marking is not required for a Covered Private Property for the current reporting
year if an owner submits documentation with the Director in such form and with such
evidence as required by the Director establishing that the property has met one of the
following conditions:
1. It meets any of the exemptions defined for a Covered Public Property;
2. The Director determines that due to special circumstances unigue to the
applicant's facility and not based on a condition caused by actions of the
applicant, strict compliance with provisions of this Ordinance would cause undue
hardship or would not be in the public's best interest:
3. The owner notifies the Director that the property is under Financial Hardship and
provides proof of the same; or
4. The Covered Property may be exempted from electricity Benchmarkinq if more
than fifty percent (50%) of Gross Floor Area is used for residential purposes and:
i. The Property is not master metered or the owner does not have access to
master meters or other means to obtain whole -building electrici data; and
ii. The servina electric utility does not provide data aoamation services or
access to whole -building utility data. Once such services are available from the
Utility as determined by the Director, such properties will no longer be exempt
from Benchmarkinq requirements and shall file initial Benchmarkinq reports in the
first required reporting year following such data availability.
(b) Any entity or owner requesting an exemption from Benchmarkinq shall submit an Annual
Benchmarking Exemption Request form to the Director by Aril 1 in the year for which_
the exemption is being requested. Any exemption granted will be limited to the
Benchmarkinq Submission for which the reauest was made and does not extend to oast
or future submittals
City of INiami Page 6 of 11 File ID: 8727 (Revision: 8) Printed on. &W2021
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(c) For each reporting year in which an owner files a request for an exemption, the Director
shall determine whether that exemption is approved. Appeal of a determination that a
property is not exempt shall be made within fifteen (15) days of such determination to a
review committee comprised of the Director of the Departments of Resilience and Public
Works or the Supervisor of Plats in lieu thereof), Zoning, and Planning, the Director, and
an Assistant City Manager as designated by the City Manager. The review committee,
acting by maiority vote, shall either affirm the Director's denial or reverse his/her denial
and grant the requested exemption.
Sec. 10-154. Energy and Water Retuning Requirements.
(a) The owner of each Covered Property 50,000 sq. ft. or above shall ensure that retuning
is performed on the Base Building Systems of each such property in accordance with the
schedule requirements of Section 10-156 to ensure that Base Building Systems are
maintained, cleaned, and repaired.
(b) Retuning shall be performed -by or under the supervision of a Qualified retunin
professional in accordance with industry standard practices including ASHRAE
Guideline 1.2 Commissioning Process for Existing Systems and Assemblies ASHRAE
Standard 0.2 Commissioning Process for Existing Systems and Assemblies, and other
standards as may be defined by the Director.
(c) The owner shall correct, through low-cost adjustments and minor repairs to the
property's energy and water systems, all deficiencies identified by the retuning
professional as having a sim le payback of three 3 ears or less. However, a retuning
measure is not required if such retuning measure would necessitate a building permit
other than an electrical, plumbing, or mechanical permit.
(d) The cost estimates for recommended improvements to Covered Properties that are
regulated by any City, Count, State, or federal law regulating landmarks and historic
buildings shall include all additionalcosts necessary for the proposed retuning work to
comply with such law.
(e) Unless otherwise restricted by statute or contract, tenants shall allow property owners
reasonable access to systems and Utility information, if necessary, to comply with the
terms of this Ordinance.
Sec. 10-155. Energy and Water Retuning Reports.
(a) For each Covered Property, a retuning professional shall complete, physically or digitally
sign, and electronically submit an on-line Retuning Report on behalf of the property
owner in accordance with the schedule requirements of Section 10-156.
(b) Before submitting the Retuning Report, the qualified retuning professional shall verify
that the energy and water consumption reported in the annual Benchmarkina reports for
the five (5) previous years are accurate. If found to be inaccurate, the qualified
professional must identify inaccuracies in the reports and ensure that the data entered in
the Benchmarkina Tool and reported to the Director is updated prior to submitting the
retuning report so that it reflects correct historical electricity and water consumption data.
Sec. 10-156. Retuning„ Schedule,
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(a) The owner of a Covered Property shall ensure that for each such property retuning is
performed, a retuning _report is completed and submitted to the Director once every five
(5) years with a start date commencing _per Table 2.
(b) The retuning reports for each Covered Property shall be due prior to December 30 of the
Calendar Year shown in Table 2 as determined by the building's square footage.
Table 2.
Size Retuning
Buildings 200,000 square December 1, 2028 and every five (5) years
feet or larger thereafter
Buildings between 100,000
and 199,000 square feet
Buildings between 50,000
99,999 square feet
Buildings between 20,000
and 49,999 square feet
December 1, 2029 and every five f 5) years
thereafter
December 1, 2030 and every five JQ years
thereafter
Optional
(c) An_ owner may apply for an extension of time to file a retuning report if, despite such
owner's good faith efforts documented in such a glication, the owner is unable to
complete the required retuning prior to the scheduled due date for such report, The
Director may grant no more than one (1 ) such extension for no more than one (1) year.
(d) The owner of a property that is in Financial Hardship may apply for and be granted
annual extensions of time to file a retuning report.
(e) Extensions granted pursuant to this Section shall not extend the scheduled due dates for
subsequent retuning reports. The property owner acknowledges that by requesting and
receiving an extension, the period of time before the property's next compliance date will
be less than the typical schedule.
Sec. 10-157. Retuning Exemption.
(a) A retuning report is not required for a Covered ProDerty for the current reporting cycle if
a qualified professional submits documentation to the Department in such form and with
such certifications as required by the Director establishing that the property has met one
(1) of the following conditions:
City of Miami Page 8 of 11 File ID; 8727 (Revision: B) Printed on: 6/912021
File ID: 8727 Enactment Number:
The property is exempt from Benchmarking requirements pursuant to the
provisions of Section 10-153.
The initial Certificate of Occupancy for the property was issued less than five (5)
years prior to the date when the first retuning would otherwise be due.
The property has undergone substantial rehabilitation, as certified by a registered
design professional, within the five-year period prior to the Calendar Year in
which a retuning is due such that at the commencement of such Calendar Year,
all of the Base Building Systems of such property are in compliance with energy
conservation and efficiency codes of the State, Coun!y, and City as applicable,
and any State County, and City Codes impacting water consumption in
existence at the time this Ordinance takes effect.
If over 25% of the dwelling units within the property qualifyas affordable housing,
the property owner or representative may request an exemption.
(b) The energy_portion of the retuning is not required for the current reporting cycle if a
qualified professional submits documentation with the Department in such form and with
such certifications as required by the Director. For each reporting cycle, the Department
shall determine whether an exemption under this Subsection applies to a property.
Appeal of a determination that a property is not exempt shall be made according to the
procedures set forth by the Director,
Sec. 10-158- Permit Fee Credit
a. All covered properties that are in good standing with submittina Benchmarkin
Submissions, retuning reports, (as reflected in Sec 10-157 (a) 3 ) and have not been
found in violation of either Benchmarking Submissions as required by Section 10-152 or
retuninq reporting as required by Section 10-155 within the past five (5) calendar years
shall be granted a maximum one-time non-transferrable credit per building eve
retuninq period, up to the amount provided in Table 3, for City of Miami Building permit
fees related to professional service 1"soft costs", incurred for retuning purposes pursuant
to this chapter. The credit expires if unused in that period. A property that has been
found to have any code violations shall not qualify.
Table 3.
Size
Maximum Credit of Building -Efficiency Related
Permit Fees
Buildings 500,000 square or
larger
Up to $25,000.00
Buildings between 100,000 and
$10,000.00
499,999 square feet
Buildings between 20,000 and
$5,000.00
99,999 square feet
City of Miami Page 9 of 11 File ID: 8727 (Revision: 8) Printed on. 61912021
File ID: 8727
Enactment Number:
Sec. 10-159. Sharing of Data.
(a) The Director shall make available on a publicly accessible website the Shared
Benchmarking Information as defined in Section 10-148 for the previous Calendar Year
for each Covered Property.
(b) The Shared Benchmarking Information for each Covered Property shall be made
available to the public beginning one (1) year after each such property is first required to
submit a Benchmarkingregort.
(c) The Director will determine if an-Benchmarking shared summary data shall be
excluded from publishing because it is not in the public's best interest.
(d) The City may provide_ non-anonvmized data from Benchmarking or retuning submissions
to any Utility serving a Covered Property or to any federal, State. County, or City -
managed Energy efficiency program, provided that the data will be used only for
purposes of targeting incentives provided through energy and water efficiency programs
and provided that the City has first obtained the Covered Property owner's written or
electronic permission to share the data with the Utility or energy efficiency program.
Where the property owner's permission can be -granted electronically through
acceptance of a default option, the City shall provide a clearly delineated option for
owners of Covered Properties to choose to opt out ofgranting such permission.
(e) The City may disclose any retuning data or data from Benchmarking Submissions to a
third party for academic or other non-commercial research purposes provided that such
data is anonvmized.
(f) All third parties receiving data from Benchmarking or retuning submissions shall sign a
non -disclosure agreement with the City stipulating terms for acceptable use of the data,
including assurances that such data shall not be disclosed to other entities, before
receivin❑ such data.
Sec. 10-160. Annual Report and Analysis.
(a) The Director shall make available on a publicly accessible website and update annually
the following information:
1. No later than December 1 2023 a report on the Benchmarkinq of all available
Covered Properties, including an assessment of accuracy and issues affecting
accuracy, summary energy and water consumption statistics, trends observed,
and an assessment of than-ges across the portfolio over time: and
2. No later than December 1 2024 a report on the Benchmarking of all available
Covered Properties, including an assessment of compliance rates, an
assessment of accuracy and issues affecting accuracy, summary energy and
water consumption statistics, trends observed, and an assessment of changes
across the portfolio over time.
(b) Beginning in 2029 and every three 3 ears thereafter, the Director shall make available
on a publicly accessible website a report on the progress of retuning for all Covered
Properties, including but not limited to, compliance rates, trends observed, correlations
of Benchmarking scores and retuning measures completed, the impact of retuning on
E U I s and ENERGY STAR@ Scores and recommendations on how the u ptake of energy
City of Miami Page 10 of 11 ,File fa: 8727 (Revision: 8) Printed on: 6/9/2021
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and water conservation measures could be increased or the implementation of retuning
could be improved.
(c) Nothing in this Ordinance shall prevent the director from including all such information in
a combined annual energy and water efficiency report coverinq the progress of all of the
City's energy and water efficiency ordinances and programs.
Sec. 10-161. Enforcement.
(a) It shall be unlawful for any entity or person to fail to comply with the requirements of this
Ordinance or misrepresent any material fact in a document required to be prepared or
shared by this Ordinance. The Director may request an audit to confirm the utility data
for any buildinQ or submission for coml2liance. The Director shall then have the authorit
to verify the report's amended data by:
1. City personnel to inspect and audit the building on -site.
2. Re'ect amended re arts based on the City audit.
(b) If the Director determines that a property owner has failed to report Benchmarking_or
returning information as required under this Ordinance or the owner has submitted
incomplete or false Benchmarking or retuning information the Director may refer the
owner for enforcement as set forth in Chapter 2 Article X of the City Code titled "Code
Enforcement." and may be brought for further proceedings before the Code Enforcement
Board. A property owner in violation of this Article may be fined $250.00 per day for a
first-time offense or $500.00 per day for a repeat violation of this Article. The City may
also avail itself of any other legal remedy available and the use of one enforcement
option shall not 12reclude the use of another.
(c) No violation shall be issued for non-compliance or failure to submit to the Director a
Benchmarking report until one year from the first compliance date for Benchmarkin
reports as defined in Section 10-152."
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
j
ria dei, itq ttor ley 4/1312021
2 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 Page 11 of 11 File 1D: 8727 (Revision. B) Printed on: 6/9/2021
City of MiaMi
YYy,
Legislation
Ordinance:
File Number: 8727
City Hail
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"BUILDINGS," TO ADD A NEW ARTICLE XII, TITLED "BUILDING ENERGY
AND WATER CONSUMPTION BENCHMARKING", REQUIRING BUILDINGS
OVER 20,000 SQUARE FEET OF GROSS FLOOR AREA TO PERFORM AND
REPORT ANNUAL ENERGY AND WATER BENCHMARKING TO THE CITY OF
MIAMI; PROVIDING FOR EXEMPTION OF CERTAIN BUILDING TYPES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, the City of Miami ("City") desires to raise awareness of energy performance
through information and transparency with a goal of unlocking energy and cost savings
opportunities and health benefits for the City's businesses and residents; and
WHEREAS, benchmarking of energy and water consumption is part of committed
actions in the Resilient305 Unified Strategy with Miami -Dade County and the City of Miami
Beach as well as in the City's Miami Forever Climate Ready strategy which was launched
in January 2020; and
WHEREAS, the City's 2018 Greenhouse Gas Emission Inventory revealed fifty -Too
percent (52%) of greenhouse gas emissions are from buildings; and
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WHEREAS, a relatively small number of large buildings often account for a -
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considerable portion of a cit 's energy use; and
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-
WHEREAS, annual benchmarking of energy and water consumption helps bidding
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owners, property managers, and facilities' staff establish energy performance baselinefL
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monitor performance over time, guide actions to cut waste, and verify energy and water"
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savings from investments as well as mitigates carbon emissions; and
WHEREAS, benchmarking data provides summary information about public and
private buildings, documenting trends in energy and water performance; and
WHEREAS, benchmarking allows for a data -based approach to analyzing future
energy needs, where improvements can be made, and how to reduce costs; and
WHEREAS, more than thirty (30) major United States cities and counties, including New
York, Chicago, Atlanta, Boulder, and Kansas City, have adopted similar requirements, thus
demonstrating the acceptability, legality, and feasibility of such requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 11 Fide fa: 8727 (Revision: B) Printed On: 611W021
File ID: 8727 Enactment Number:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the Code of the City of Miami, Florida, as amended, is further
amended in the following particulars.'
iiCSl:1-32111A:Elf
BUILDINGS
ARTICLE XII. BUILDING ENERGY AND WATER
ONSUMPTION BENCHMARKING AND RETUNING
Sec. 10-147. Building Energy and Water Consumption Benchmarking and Retuning Ordinance.
Intent. This Article shall be known and may be cited as the City of Miami's ("City") Building
Energy and Water Consumption Benchmarking and Retuning Ordinance and is intended to
allow a data -based aDDroach to analvze future enerav needs, improve future usaaes. eliminate
waste. and reduce costs.
Sec. 10-148. Definitions
Unless otherwise exr)ressly stated, the following terms shall, for the purpose of this Article, have
the meanings indicated in this Section:
Aggregated, Whole-Buildinq Data means energy or water data that has been summed for an
entire property, which may include a single occupant or a group of separately metered tenants.
Base Building Systems mean the systems or subsystems of a building that use or distribute
energy, water, impact energy, and/or water consumption, including, but not limited to the
building's envelope as well as its HVAC systems, conveying systems, electrical and lighting
systems, on -site generation systems, domestic hot water systems, water distribution systems,
plumbing fixtures and other water -using equipment, and landscape irrigation systems and water
features, including fountains and excludingsystems or subsystems that operate industrial
applications or processes or any systems or subsystems in a multifamily residential building
appurtenant only to the specific dwelling unit for which the occupant of that unit bears
responsibility for its maintenance and such usage is measured by a meter or submeter.
Benchmark means to input and submit the total energy and water consumed for a property for
the Urevious calendar year and other descriptive information for such vrooerty as required b
the Benchmarking Tool. Total energy and water consumption shall not include separately
metered uses that are not integral to building operations as determined by the Director.
Benchmarking Submission means a subset of information input into the Benchmarking Tool and
Benchmarkinra information venerated by the Benchmarkinca Tool as determined by the Director.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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File ID: 8727 Enactment Number:
Benchmarking Tool means the U.S. Environmental_ Protection Agency's ("EPA") ENERGY
STAR@) Portfolio Manager or any additional or alternative tool adopted by the Director used to
track and assess the energy and water use of certain properties relative to similar properties.
Covered Private Property means a property, other than a covered City property, or any property
owned or operated by Miami -Dade County.. the State of Florida, or the Federal government with
a building or buildings that exceed 20,000 square feet of Gross Floor Area.
Covered Public Property means a property with a building or buildings that exceed 20,000
square feet of Gross Floor Area and is owned leased or managed by the Ci and where the
City regularly pays all or part of the annual energy and/or water bills.
Covered Property means any Covered Public Property or Covered Private Property exce t for
any property with a single-family home or duplex, a solely residential multi -family building of five
units or less, or any building with an industrial use per designated Standard Industrial
Classification (SIC) codes 20 through 39.
Department means the City's Building Department.
Director means the Director of the Department or designee.
Energy means electricity, natural gas, steam or other product sold by a utility to a customer of a
rp operty or renewable on -site electricity generation for purposes of providing heating, cooling,
lighting, water heating, or for powering or fueling other end_ -uses as recorded in the
Benchmarking Tool,
ENERGYSTAR@ Score means the 1-100 numeric rating generated by the ENERGY STAR®
Portfolio Manager tool as a measurement of a building's energy efficiency,
ENERGY STARO Portfolio Manager means the tool developed and maintained by the EPA to
track and assess the relative energy performance of buildings.
Financial Hardship (of a property) means that a property:
1, Had arrears of property taxes or special assessments that resulted in the issuance of
a tax certificate against the property within the prior two (2) years;
2. Has a court appointed receiver in control of the asset due to financial distress;
3. Is owned by a financial institution through default by the borrowed
4. Has been acquired by a deed in lieu of foreclosure; or
5. Has a senior mortgage subject to a notice of default.
Gross Floor Area means Floor Area as defined in Article 1, Section 1.2 of Ordinance No. 13114,
the Zonincl Ordinance of the City of Miami Florida as amended "Miami 21 Code" or as
defined in any successor Zoning Ordinance.
Shared Benchmarking Information means information generated by the Benchmarkinq Tool and
descriptive information about the physical property and its operational characteristics, which is
shared with the public. The information as defined by the ENERGY STAR® Portfolio Manage
glossary, includes, but is not limited to, descriptive information such as the property's address,
primary use Gross Floor Area number of floors number of years the property has been
ENERGY STAR@) Certified, and the last approval date, if applicable, as well as energy -related
City of Miami Page 3 of 11 File ID: 8727 (Revision: B) Printed on: 611012021
File ID: 8727 Enactment Number:
output information such as site and source energy use intensity, weather normalized site and
source energy use intensity, the _ENERGY STAR @score (where available)total annual
greenhouse gas emissions, monthly energy use by fuel type, indoor water use and water use
intensity (consumption per gross square foot outdoor water use where available total water
use, the property's ENERGY STAR@ Water Score (where available), and any other -general
comments required to explain said ENERGY STAR® Scores.
System or Subsystem means a building assembly made up of various components that serve a
specific function including but not limited to exterior wails windows doors, roofs ceilings, floors
lighting, piping, ductwork, insulation Heating, Ventilation, and Air Conditioning ("HVAC") system
equipment or components, electrical appliances, and plumbing appliances.
Utility means an entity that distributes and/or sells natural -gas, electric, water, or thermal energv
services for buildings.
Sec. 10-149. Applicability.
This Ordinance shall apply to all new and existing Covered Properties in accordance with the
initial compliance timetable set forth in Section 10-138 of the City Code so long as the
Benchmarking Tool as selected by the Director remains free to use by members of the general
public.
Sec. 10-150. Procedures.
The owner of each Covered Property shall collect and enter data for the previous calendar ear
into the Benchmarking Tool. Unless otherwise defined in this Ordinance, the owner of each
Covered Property shall input all data into the Benchmarking Tool in a manner that conforms to
latest guidance provided by the EPA for use of the Benchmarking Tool. Whole -building utility
data for the -property's energv water and energy use shall be compiled using one or more of the
following methods:
(a) Obtaining Aggregated, Whole -Building Data from a utility company;
Collecting data from all tenants for nonresidential properties; or
U Reading a master meter.
If the owner of a Covered Propedy does not otherwise have access to whole -building enercly
and water data, such property owner shall request Aggregated, Whole-Buildinq Data from each
utilitV that provides energy or water service to the Property and that has made a re ated utilit
data available to owners before the reporting date of that calendar year. When a Utility does not
provide whole -building energy or water data, the owner of a nonresidential Covered Property
shall request energy and water data from tenants or occupants.
Each non-residential tenant located in a Covered Property shall, within thirty (30) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be acquired by the owner and that is needed by the owner to -comply with the
requirements of this Ordinance.
When the owner of a Covered Property receives notice that a nonresidential tenant intends to
vacate a space within such property and the Utilities d❑ not provide Aggregated, Whole -Building
Data, the owner shall request information relating to such tenant's energy and,water use for any
period of occupancy relevant to the owner's obligation to Benchmark.
City of Miami Page 4 of f ? File iD. 8727 (Revision: B) Printed on: 6/10/2021
File ID: 8727 Enactment Number.
When a Covered Property changes ownership" the previous owner shall provide the new owner
with all information needed to Benchmark for the period during which the previous owner was in
,possession of the property.
Sec. 10-151. Duty to Report Benchmarking,
For every Covered Property subject to this Chapter, the owner shall annually submit to the
Director an energy and water Benchmarking report in an electronic format as established by the
Director by the datespecified in Section 10-152 of the City Cade.
The information included_ in the annual Energy and Water Benchmarkinq Report shall include, at
a minimum, the Shared Benchmarking Information for the previous calendar year.
The owner of each Covered Property shall enter data into the Benchmarking Tool so that the
energy and water Benchmarking report shall be based on an assessment in the Benchmarking
Tool of the aggregated total enemy and water consumed by the whole progerty for the entire
calendar year being reported.
Before submitting a Benchmarking Submission, the owner shall run all automated data quality
checker functions available within the Benchmarking Tool and shall verify that all data has been
accurately entered into the Benchmarking Tool. In order for the Benchmarkinq report to be
considered in compliance with this Ordinance the owner shall correct all missing or incorrect
information as identified by the Benchmarking Tool prior to submitting the Benchmarking report
to the Director.
Where the current owner learns that any information reported as part of the Benchmarking
Submission is inaccurate or incomplete, the owner shall amend the information so reported
within the Benchmarking Tool and shall provide the Director with an updated Benchmarking
Submission within thirt 30 days of learning of the inaccuracy.
Sec. 10-1.52, Benchmarkinq Requirements.
(a) The owner of a Covered Property shall ensure that for each such property, a
Benchmarking report is generated, completed, and submitted to the Director annually.
(b) The Benchmarking reports for each Covered Property shall be due by the dates as
defined in the following table. Subsequent Benchmarkinq reports for each Covered
Property shall be due by June 30 of each Year thereafter.
Table 1.
Size (Gross Floor Area
Buildings 200,000 square
or larger
Buildings between 100,000
auare feet and 199.999
Initial Compliance Required by:
June 30, 2023
October 1, 2023
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Buildings between 50,000 I October 1. 2024
and 99,999 square feet
BuRdin s between 20,000 October 1, 2025
and 49,999 square feet
Sec. 1.0-_153. Benchmarking Exemptions.
(a) Benchmarking is not required for a Covered Public Property for the current reporting
year if the owner submits documentation to the Director establishing that the property
has met one of the following conditions:
1. The property_ does not have a Certificate of Occupancy or Temporary Certificate
of Occupancy for all 12 months of the calendar year being Benchmarked;
2. A demolition permit for the entire building was issued for the calendar year being
Benchmarked, provided that demolition work has commenced and legal
occupancy was no longer possible prior to end of that ear-
3. Theeoroperty did. not receive energy or water services for the entire calendar year
to be Benchmarked: or
4. The Covered Property had average physical occupancy of less than fifty percent
(50%) throughout the calendar year for which Benchmarking is required.
(b) Benchmarking is not required for a Covered Private Property for the current reporting
year if an owner submits documentation with the Director in such form and with such
evidence as required by the Director establishing that the property has met one of the
following conditions:
1. It meets any of the exemptions defined for a Covered Public Property;
2. The Director determines that due to special circumstances unique to the
applicant's facility and not based on a condition caused by actions of the
applicant, strict compliance with provisions of this Ordinance would cause undue
hardship or would not be in, the public's best interest;
3. The owner notifies the Director that the property is under Financial Hardship and
provides proof of the same; or
4. The Covered Property may be exempted from electricity Benchmarking if more
than fifty -percent (50%) of Gross Floor Area is used for residential purposes and:
i. The property is not master metered or the owner does not have access to
master meters or other means to obtain whole -building electricity data; and
ii. The serving electric utility does not provide data aaareaation services or
access to whole building utility data. Once such services are available from the
Utility as determined by the Director, such properties will no longer be exem t
from Benchmarking requirements and shall file initial Benchmarking reports in the
first required reporting ear following such data availability.
If over 25% of the dwelling units within the property qualifvas affordable housing,
the property owner or representative may request an exemption.
(b) Any entity or owner requesting an exemption from Benchmarking shall submit an Annual
Benchmarking Exemption Request form to the Director by April 1 in the year for which
the exemption is being requested. Any exemption granted will be limited to the
City of Miami Page 6 of 11 File ID: 8727 fRevision: B) Printed on: 6/1012021
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Benchmarkinq Submission for which the re uest was made and does not extend to past
or future submittals.
(c) For each reporting ear in which an owner files a request for an exemption, the Director
shall determine whether that exemption is approved. Appeal of a determination that a
Property is not exempt shall be made within fifteen (15) days of such determination to a
review committee comprised of the Director of the Departments of Resilience and Public
Works or the Supervisor of Plats in lieu thereof), Zoning, and Planning, the Director, and
an Assistant City Manager as designated by the City Manager. The review committee,
acting by majority vote, shall either affirm the Director's denial or reverse his/her denial
and grant the requested exemption.
Sec. 10-154. Energy and Water Retuning Requirements.
(a) The owner of each Covered Property 50,000 sq. ft. or above shall ensure that retuning
is performed on the Base Building Systems of each such property in accordance with the
schedule requirements of Section 10-156 to ensure that Base Building Systems are
maintained, cleaned, and repaired.
(b) Retuning shall be performed by or under the supervision of a qualified retuning
professional in accordance with industry standard practices including ASHRAE
Guideline 1.2 Commissioning Process for Existing Systems and Assemblies ASHRAE
Standard 0.2 Commissioning Process for Existing Systems and Assemblies, and other
standards as may be defined by the Director.
(c) The owner shall correct through low-cost admustments and minor repairs to the
property's energy and water systems, all deficiencies identified by the retuning
professional as having a simple Payback of three 3 ears or less. However, a retuning
measure is not required if such retuning measure would necessitate a building permit
other than an electrical or plumbing permit.
(d) The cost estimates for recommended improvements to Covered Properties that are
regulated by any City, County, State or federal law regulating landmarks and historic
buildings shall include all additional costs necessary for the proposed retuning work to
comply with such law.
(e) Unless otherwise restricted by statute or contract, tenants shall allow property Owners
reasonable access to systems and Utility information, if necessary, to comply with the
terms of this Ordinance,
Sec. 10-155. Energy and Water Retuning Reports.
(a) For each Covered Property, a retunin rofessional shall complete, Physically or digitally
sin and electronically submit an on-line Retuning Report on behalf of the property
owner in accordance with the schedule requirements of Section 10-155.
(b) Before submitting the Retuning Retort, the qualified retuning professional shall verify
that the energy and water consumption reported in the annual Benchmarking reports for
the five (5) previous years are accurate. If found to be inaccurate, the qualified
professional must identify inaccuracies in the reports and ensure that the data entered in
the Benchmarking Tool and reported to the Director is updated prior to submitting the
retuning report so that it reflects correct historical electricity and water consumption data.
City of Miami Page 7 of 11 Fife ID. 8727 (Revision: 6) Printed on: 6/10/2021
File ID: 8727
Sec. 10-156. Retuning Schedule.
Enactrnent Number:
(a) The owner of a Covered Property shall ensure that for each such property retuning is
performed,_a retuning report is completed and submitted to the Director once every five
(5) years with a start date commencing per Table 2.
(b) The retuning reports for each Covered Property shall be due prior to December 30 of the
Calendar Year shown in Table 2 as determined by the building's square footage.
IF1ZW4
Size Retuning
Buildings 200,000 square December 1, 2028 and every five (5) years
feet or larger thereafter
Buildings between 100,000
and 199,000 square feet
Buildings between 50,000
99,999 square feet
Buildings between 20,000
and 49,999 square feet
December 1, 2029 and every five (5) years
thereafter
December 1. 2030 and every five (5) years
thereafter
Optional
(c) An owner may apply for an extension of time to file a retuning report if, despite such
owner's good faith efforts documented in such application, the owner is unable to
complete the required retuning prior to the scheduled due date for such report. The
Director may rant no more than one 1 such extension for no more than one 1 ear.
(d) The owner of a property that is in Financial Hardship may apply for and be granted
annual extensions of time to file a retuning re ort.
(e) Extensions granted pursuant to this Section shall not extend the scheduled due dates for
subsequent retuning reports. The property owner acknowledges that by requesting and
receiving an extension the period of time before the property's next compliance date will
be less than the typical schedule.
Sec. 10-157. Retuning Exemption.
(a) current reporting cycle if
a A retuning report is not required for a Covered Property far the c -
a ualified professional submits documentation to the Department in such form and with
City of Miami Page 8 of 11 File ID: 8727 (Revision: B) Printed on: 6110/2021
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such certifications as required by the Director establishing that the propertv has met one
1 of the following conditions:
1. The property is exempt from Benchmarkinq requirements pursuant to the
provisions of Section 10-153.
2. The initial Certificate of Occupancy for the property was issued less than „five (5)
years prior to the date when the first retuning would otherwise be due.
3. The property has undergone substantial rehabilitation, as certified by a registered
desiq n professional, within the five -yea r period prior to the Calendar Year in
which a retuning -is due such that at the commencement of such Calendar Year,
all of the Base Building Systems of such property are in compliance with energy
conservation and efficiency codes of the State, County, and City as applicable,
and any State County, and City Codes impacting water consumption in
existence at the time this Ordinance takes effect.
(b) The energy portion of the retuning is not required for the current reporting cycle if a
qualified professional submits documentation with the Department in such form and with
such certifications as required by the Director. For each reporting cycle, the Department
shall determine whether an exemption under thisSubsectionapplies to a property.
Appeal of a determination that a property is not exempt shall be made according to the
procedures set forth by the Director.
Sec. 10-158-- Permit Fee Credit
a. All Covered Properties that are in good standing with submitting Benchmarkin
Submissions, retuning reports, and have not been found in violation of either
Benchmarkinq Submissions as required by Section 10-152 or retuning reporting as
required by Section 10-155 within the past five (5) calendar years shall be granted a
maximum one-time credit per building, up to the amount provided in Table 3, for permit
fees related to direct costs incurred for Benchmarkinq or retuning purposes pursuant to
this Chapter. A property that has been found to have any code violations shall not
qualify.
Table 3.
Size
Maximum Credit of Building -Efficiency Related
Permit Fees
Buildings 500,000 square or
larger
Up to $25,000.00
Buildings between 100,000 and
$10,000.00
499,999_sguare feet
Buildings between 20,000 and
$5,000.00
99,999 square feet
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File ID: 8727
Enactment Number:
Sec. 10-159. Sharing of Data.
(a) The Director shall make available on a publicly accessible website the Shared
Benchmarking Information as defined in Section 10-148 for the previous Calendar Year
for each Covered Property.
(b) The Shared Benchmarking Information for each Covered' Property shall be made
available to the public beginning one (11 year after each such property is first required to
submit a Benchmarkinq report.
(c) The Director will determine if any Benchmarking shared summary data shall be
excluded from r)ublishing because it is not in the public's best interest.
(d) The City may rovide non -anon mized data from Benchmarking or retuning submissions
to any Utility serving a Covered Property or to any federal State County, or Ci -
manaa+ed_Energy efficiency program, provided that the data will be used only for
purposes of targeting incentives provided through energy and water efficiency programs
and provided that the City has -first obtained the Covered Property owner's written or
electronic permission to share the data with the Utility or energy efficient ro ram.
Where the property owner's permission can be granted electronically „through
acceptance of a default option, the City shall provide a clearly delineated option for
owners of Covered Properties to choose to opt out of granting such permission.
(e) The City may disclose any retuning data or data from Benchmarking Submissions to a
third party for academic or other non-commercial research purposes provided that such
data is anonymized.
(f) All third parties receiving data from Benchmarkinq or retuning submissions shall sign a
non -disclosure agreement with the City, stipulating terms for acceptable use of the data,
including assurances that such data shall not be disclosed to other entities before
receiving such data.
Sec. 10-160. Annual Report and Analysis.
(a) The Director shall make available on a publicly accessible website and update annually
the following information:
No later than December 1, 2023, a report on the Benchmarkinq of all available
Covered Properties, including an assessment of accuracy and issues affecting
accuracy, summary ene and water consumption statistics trends observed
and an assessment of changes across the portfolio over time; and
No later than December 1, 2024, a report on the Benchmarkinq of all available
Covered Properties, including an assessment of compliance rates, an
assessment of accuracy and issues affecting accuracy, summa eneLqy and
water consumption statistics trends observed and an assessment of changes
across the portfolio over time.
(b) Beginning in 2029 and every three 3 ears thereafter, the Director shall make available
on a publicly accessible website a report on the progress of retuning for all Covered
Properties, including but not limited to, compliance_ rates, trends observed, correlations
of Benchmarking scores and retuning measures completed, the impact of retuning on
EUIs and ENERGY STAR@ Scores, and recommendations on how the uptake of energy
and water conservation measures could be increased or the implementation of retuning
could be improved.
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File ID: 8727
Enactment Number:
(c) Nothing in this Ordinance_ shall prevent the Director from including all such information in
a combined annual energy and water efficiency report covering the ro ress of all of the
City's energy and water efficiency ordinances and programs.
Sec. 10-161. Enforcement.
(a) It shall be unlawful for any entity or person to fail to comply with the requirements of this
Ordinance or misrepresent any material fact in a document required to be prepared or
shared by this Ordinance.
(b) If the Director determines that a property owner has failed to report Benchmarkinq
information as required under this Ordinance or the owner has submitted incomplete or
false Benchmarkinq information, the Director may refer the owner for enforcement as set
forth in Chapter 2, Article X of the City Code, titled "Code Enforcement," and may be
brought for further proceedings before the Code Enforcement Board A property owner
in violation of this Article may be fined $250 00 per day for a first-time offense or $500 00
per day for a repeat violation of this Article. The City may also avail itself of any other
legal remedv available and the use of one enforcement option shall not preclude the use
of annthpr
(c) No violation shall be issued for non-compliance or failure to submit to the Director a
Benchmarkinq report until one year from the first compliance date for Benchmarking
reports as defined in Section 10-152."
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
ria dez, Cify Attorp
ey 4/13/2021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayer 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 Page 11 of 11 File ID: 8727 (Revision: B) Printed on: 6110/2021