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HomeMy WebLinkAboutO-12228J-02-160 3/26/02 ORDINANCE NO. �� 2 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES," TO ADDRESS THE ADVERSE ECONOMIC IMPACT ON BUSINESSES DUE TO THE SEPTEMBER 11, 2001 TRAGEDY BY (1) REDUCING THE ANNUAL SIDEWALK CAFE PERMIT FEE BY FIFTY PERCENT (50%),. (2) ESTABLISHING A ONE-TIME CREDIT OF FIFTY PERCENT (50%), AND ( 3 ) PROVIDING FOR A TWELVE MONTH PAYMENT PROGRAM FOR DELINQUENT ACCOUNTS; MORE PARTICULARLY BY AMENDING SECTION 54-223 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION. OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapters 54/Article VI, of the Code of the City of Miami, Florida, as amended, entitled "STREETS AND SIDEWALKS/SIDEWALK CAFES," is amended in the following particulars:l/ "Chapter 54 STREETS AND SIDEWALKS �i 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. ,a ;61q, Article VI. SIDEWALK CAFES Sec. 54-223. Permit fee. (a) The fee for an annual permit for establishing or maintaining a sidewalk cafe shall be $20.00 $10.00 per square foot of usable sidewalk area, as determined by the department of public works. Said fee shall be paid in full e upon issuance of the annual permit or, alternatively, shall be paid on the first day of the month ("Due Date") on a quarterly basis (i.e., January 1sc; April 1sr; July ist and October 1st), with each payment being 25 percent of the annual fee as determined above; the first quarterly payment being due upon issuance of the annual permit. Payment received more than 10 calendar days after the Due Date shall be charged a late fee of 10% of the payment amount due. Failure to make a required payment within 30 calendar days of the Due Date when diae shall constitute a basis for and result in immediate license suspension. (b) The permit fee shall be waived by the department of public works, upon the applicant's request, for any proposed sidewalk cafe, if the waiver request is made before the sidewalk cafe permit is issued, and the proposed sidewalk cafe site is located in a community development target area, as defined by the city's community development department or its successor agency. Such waiver request shall require presentation of a form letter from the .community development department evidencing that the application site is within a target area. The waiver period shall be site specific, transferable to a new operator at the same location, and shall run for one consecutive 12 - month period following the initial permit approval for the location. Any transfer shall only be valid for the balance of the 12 months remaining. The permit fee shall be due and payable for all subsequent years of operation at such location. The mitigation fee described in section 35-224 of this Code is in addition to this permit fee. (c) Due to the adverse economic effects on business there is granted a one-time credit of 50% of the permit fee, paid or billed, on existing sidewalk permit fee accounts for the fourth quarter of 2001. The foregoing credit shall be applied first to current Page 2 of 4 • • delinquency, if any, then to current and future permit fee payments due under this section. (d) In addition to the one-time credit set forth above in section 54-223(c) of this Code, and to further address the adverse economic impact on business, there is established a one-time 12 -month payment plan ("Payment Plan") to permit existing delinquent sidewalk permit fee accounts to be brought current. The eligibility and procedural requirements to participate in the Payment Plan are as follows: The owner/applicant shall provide a written request/letter of intent to participate in the Payment Plan no later than 15 business days following the Effective Date of the Ordinance adoptinq this section; and 2. The owner/applicant shall post a payment bond in an amount equal to the total amount of the delinquency with the above-mentioned written request/letter of intent to participate in the Pavment Plan; and 3. The Payment Plan shall require twelve equal monthly payments to extinguish the total delinquency. Payment shall be paid on the first day of the month ("Payment Plan Due Date"); and 4. Failure to make a required payment within 30 calendar days of the Payment Plan Due Date, as set forth above, shall cause the payment bond posted to be cashed by the City to bring the property owner/applicant Payment Plan account current. Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Page 3 of 4 62, 2d Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.21 PASSED ON FIRST READING BY TITLE ONLY this 11th day of April , 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 9th day of May , 2002. ATTEST: RiA.-O" PRISCILLA A. THOMPSO CITY CLERK APPROVED CI 219:YMT:BSS ORM ACORRECTNESS:t/ MANUAL A. DIS MAYOR zi This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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. Page 4 of 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) news. pa per, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of PO 10486 CITY OF MIAMI NOTICE OF PROPOSED ORDINANCE in the XXXX Court, was published in said newspaper in the issues of 04/29/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, reb commis ' efund for the purpose of securing th' advertis nt for pu ication in the said newspaper low_ ,A or o and subscribed before me this 29 of P L A. D. 2 02 (SEAL) O.V. FERBEYRE IA I. MESA COMMISSION c*: IAYE IR(25 ar h 4 2004640 "�' • � ?' L'.ordad'r!'au NotarV Pobl,r, Undenynters CITY OF MIAMI, FIdl WA 4;rt °® NOTICE OF. PROPOSED NANCE , Notice is hereby given that the City Commis e G�of d" i, Florida; will consider the following ordinance on. nd flral rea !ng - on May 9, 2002 commencing at 9:00 a.m., in the �y 71r-If Cham- bers. 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ' ING CHAPTER 40, ARTICLE•II1, OF THE •CODE OF THE CITY. OF MIAMI, FLORIDA, . AS AMENDED; ENTITLED . "PERSONNEUCIVIL SERVICE RULES AND REGULATIONS", TO REQUIRE THAT CHANGES IN RACE, COLOR OR NA- TIONAL ORIGIN BE ESTABLISHED -AT THE TIME OF APPLI- CATION FOR ALL CLASSIFIED POSITIONS: MORE PARTIC- ULARLY BY AMENDING SECTION 40-74; CONTAINING A RE- PEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO: AN ORDINANCE OF THE MIAMI CITY COMMISSION SUN - SETTING THE CITY OF MIAMI BUDGET AND FINANCES RE- VIEW COMMITTEE; MORE PARTICULARLY BY REPEALING SECTION 18-5 IN ITS ENTIRETY AND AMENDING SECTION 2-892 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 9BQW,_ ANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ' ING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS - AND SIDEWALKS/SIDEWALK CAFES," TO ADDRESS THE -ADVERSE ECONOMIC IMPACT ON BUSINESSES DUE TO B.Y_(.1).REDUCING THE d80 dao0 abue4ox3 euol0 ! uo0 ayI Ile pue' 'e!Au3 euo10 '0 aweu ayl u! '00 [o f V84 dao0 abue4ox3 euol0 # .lunoo0e�!ueg uea00 . •q 10 aweu 241 w 908 190 1900 10 i # lunoo0e NUL "S U13800 .-q asuallo palelsajole• 4 u1 paAI0AU! sem yolym Alia dads! aIe6g166e ul wns yons ?41 u! '8l'OL8'08$ 10 lunowe 4) ul u!a1egI slualuoo pe we W 'djoo a6ueyux3 euo10 aweu eql ui GZ951009b0 # m000V sexal quo Muee e :eouawV to salelS ?i!un aw of sawadoid 6ulmol of 841 u! lsaialu!',sluepualap e41 IuMeliol pue 6u!uwapuoo aml!al 0310 siepio in paalue epuol j l0u1s1Q .we4lnoS 041 sol imo0 `ls!Cl salelS Pal!un eqi 'wws 5i147JO-EE60-00 'ON-ase0 "IE 'a46nd.'3 opuelio •A salelS pE ,�n to aseo ayl u! ' WOe ' 1C Alnir 1e41 UOA16 Agejay s!.ao!loN sluepuele ] dUCO 3JNVH0X3 VINOIJ 3Hond'r onunVIN '3Hond V 3noiHN3 '3Hond '3 O(1WjjO 'SA 'asuallo palelsalole egl-u! paAlonu! Senn yolyM AjJq -dad si ale5ei66e ul wns yons 1e41 u! '81'OL8'08$ 10 lunowe eql . ul u!ejeq slualuoo Ile pue Al dioo 96uey3x3 e1jo10 )o aweu eyl u! Legg 1009t u # lunoopV sexal quo Nuuq- •e :eOuawV to salelS r Pei!un e41 of sa!ugdojd 6u!Mol -101 a41 u! lsaialu! ,sluepuglep q41 bup!ahol pue 6wuwapuo0 ainl!al -JoJ to siepip mol paialua epuo13 40 ioulS!0 weylnoS eq1 aol lmo0 } loins!(] salelS Pel!un ayl '4liws- -46!14-d0-C660-00 'ON ese0 .,.Ie r le 'atlond '3 opue!io 'A salelS Pq 11 1!un to aseo a41 u! ' 1.000 'LC Alnr i uo ML0 uaA16 Agalay s1 ao!loN sluepualea da003�JNVH0X3V!HoiD i 3HOnd 'r OIOIdnVW 3H0nd'r 3n01dN3 3HOnd '3 OQNv_JUO 'SA I n MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) news. pa per, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of PO 10486 CITY OF MIAMI NOTICE OF PROPOSED ORDINANCE in the XXXX Court, was published in said newspaper in the issues of 04/29/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, reb commis ' efund for the purpose of securing th' advertis nt for pu ication in the said newspaper low_ ,A or o and subscribed before me this 29 of P L A. D. 2 02 (SEAL) O.V. FERBEYRE IA I. MESA COMMISSION c*: IAYE IR(25 ar h 4 2004640 "�' • � ?' L'.ordad'r!'au NotarV Pobl,r, Undenynters CITY OF MIAMI, FIdl WA 4;rt °® NOTICE OF. PROPOSED NANCE , Notice is hereby given that the City Commis e G�of d" i, Florida; will consider the following ordinance on. nd flral rea !ng - on May 9, 2002 commencing at 9:00 a.m., in the �y 71r-If Cham- bers. 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ' ING CHAPTER 40, ARTICLE•II1, OF THE •CODE OF THE CITY. OF MIAMI, FLORIDA, . AS AMENDED; ENTITLED . "PERSONNEUCIVIL SERVICE RULES AND REGULATIONS", TO REQUIRE THAT CHANGES IN RACE, COLOR OR NA- TIONAL ORIGIN BE ESTABLISHED -AT THE TIME OF APPLI- CATION FOR ALL CLASSIFIED POSITIONS: MORE PARTIC- ULARLY BY AMENDING SECTION 40-74; CONTAINING A RE- PEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO: AN ORDINANCE OF THE MIAMI CITY COMMISSION SUN - SETTING THE CITY OF MIAMI BUDGET AND FINANCES RE- VIEW COMMITTEE; MORE PARTICULARLY BY REPEALING SECTION 18-5 IN ITS ENTIRETY AND AMENDING SECTION 2-892 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 9BQW,_ ANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ' ING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS - AND SIDEWALKS/SIDEWALK CAFES," TO ADDRESS THE -ADVERSE ECONOMIC IMPACT ON BUSINESSES DUE TO B.Y_(.1).REDUCING THE d80 dao0 abue4ox3 euol0 ! uo0 ayI Ile pue' 'e!Au3 euo10 '0 aweu ayl u! '00 [o f V84 dao0 abue4ox3 euol0 # .lunoo0e�!ueg uea00 . •q 10 aweu 241 w 908 190 1900 10 i # lunoo0e NUL "S U13800 .-q asuallo palelsajole• 4 u1 paAI0AU! sem yolym Alia dads! aIe6g166e ul wns yons ?41 u! '8l'OL8'08$ 10 lunowe 4) ul u!a1egI slualuoo pe we W 'djoo a6ueyux3 euo10 aweu eql ui GZ951009b0 # m000V sexal quo Muee e :eouawV to salelS ?i!un aw of sawadoid 6ulmol of 841 u! lsaialu!',sluepualap e41 IuMeliol pue 6u!uwapuoo aml!al 0310 siepio in paalue epuol j l0u1s1Q .we4lnoS 041 sol imo0 `ls!Cl salelS Pal!un eqi 'wws 5i147JO-EE60-00 'ON-ase0 "IE 'a46nd.'3 opuelio •A salelS pE ,�n to aseo ayl u! ' WOe ' 1C Alnir 1e41 UOA16 Agejay s!.ao!loN sluepuele ] dUCO 3JNVH0X3 VINOIJ 3Hond'r onunVIN '3Hond V 3noiHN3 '3Hond '3 O(1WjjO 'SA 'asuallo palelsalole egl-u! paAlonu! Senn yolyM AjJq -dad si ale5ei66e ul wns yons 1e41 u! '81'OL8'08$ 10 lunowe eql . ul u!ejeq slualuoo Ile pue Al dioo 96uey3x3 e1jo10 )o aweu eyl u! Legg 1009t u # lunoopV sexal quo Nuuq- •e :eOuawV to salelS r Pei!un e41 of sa!ugdojd 6u!Mol -101 a41 u! lsaialu! ,sluepuglep q41 bup!ahol pue 6wuwapuo0 ainl!al -JoJ to siepip mol paialua epuo13 40 ioulS!0 weylnoS eq1 aol lmo0 } loins!(] salelS Pel!un ayl '4liws- -46!14-d0-C660-00 'ON ese0 .,.Ie r le 'atlond '3 opue!io 'A salelS Pq 11 1!un to aseo a41 u! ' 1.000 'LC Alnr i uo ML0 uaA16 Agalay s1 ao!loN sluepualea da003�JNVH0X3V!HoiD i 3HOnd 'r OIOIdnVW 3H0nd'r 3n01dN3 3HOnd '3 OQNv_JUO 'SA