HomeMy WebLinkAboutO-10931J-91-652
10/24/91
10931
ORDINANCE NO.
AN ORDINANCE RELATING TO PLANNING, BUILDING
AND ZONING FEES, AMENDING THE CITY CODE,
CHAPTER 2 ADMINISTRATION, SECTION 2-75, BY
CONFORMING NOMENCLATURE AND REQUIRING AN
ANNUAL ACCESSORY USE CERTIFICATE FOR
HOUSEBARGES ON THE MIAMI RIVER AND
ESTABLISHING AN ANNUAL FEE FOR SAID
CERTIFICATES; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interests of the
general welfare of the City of Miami and its citizens to amend
the City Code as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Chapter 2, entitled "Administration", of the
City Code of the City of Miami, Florida, as amended, is hereby
amended by amending the text of said Code as follows:/
"Chapter 2
ADMINISTRATION
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged materials.
10931
Sec. 2-75. Zoning certificates of use required; annual
reinspection of buildings and premises;
fees for inspections and issuance of
certificates.
(D) Fees for Accessory Use Certificates.
All persons desiring to use a residential
building structure located within a
residential zone permitting a home occupation
shall apply to the planning, building and
zoning department for an accessory use
certificate, which shall be granted upon
payment of an annual fee of fifty dollars
($50.00) to the city and when issued shall be
valid through the following September 30. In
instances where a person sixty-five (65)
years of age or over is engaged in the
conduct of home occupation, there shall be no
required payment of an accessory fee in
conjunction with the issuance of an accessory
use certificate or the subsequent renewal of
such certificate. All renewals of accessory
use certificates shall be made on or before
October 1 of each calendar year.
-2-
10931
w
42-i- Those owners of private pleasure craft and
MIS _17-471, M MMMFM- �Mr, W.
October 24, 1991,_ ify under
Buildina and Zonina Department f or --a
housebarae/Drivate - - -
-- - - -
and .n- -
shallannual fee -of two hundred--4ollzra—CS-� OOA-L
all reauired renewals
before January lst of each year hereafter.
(E) Zoning Inspection.
Section 2. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 3. If any section, part of this section,
paragraph, clause, phrase or word of this Ordinance is declared
invalid, the remaining provisions of this Ordinance shall not be
affected.
_3_ 10931
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 25th day of
July , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 24th day of October 199 .
XAVIER L. S AREZ, YOR
ATTEST:
i
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JO L E . MAXWE)6L
/C EF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JEM/db/M$(32
10931
-4-
C,TY OF MIAV=_v�iDA
INTER -OFFICE MEMORANDUM PZm6
Honorable Mayor and = --=
Members of the City Commission SE? 17 1991
s_S, Ordinance; Schedule
of Fees; Housebarge Accessory
Certificate of Use
aE=caEwcEs
Cesar H. Agenda Item
City Manage ll _hcLosuAEs City Commission Meeting
of September 26, 1991
RECOMMENDATION:
It is respectfully recommended that
ordinance on second reading, which
housebarge accessory certificates of
definition be broadened to include
quarters" and that the fee of $250
1991, be amended to $200.
the City Commission adopt the attached
establishes the requirement and fee for
use. It is further recommended that the
"private pleasure craft used as living
as proposed on first reading July 25,
Persuant to S. 192.001(3) and (4) Florida Statutes, counties are charged with
the responsibility of assessing property and collecting ad valorem taxes; the
City of Miami has no authority to tax housebarges ("floating structures" per
S.192.001(17) F.S.) as they are already taxed as tangible personal property by
the County Tax Assessor (see attachment). It is reccamtended however, that
housebarges and private pleasure craft (as described in the companion
ordinance) be inspected annually and be required to obtain an accessory
certificate of use commencing January 1, 1992.
In passing the ccupanion Liveaboard Ordinance on first reading July 25, 1991,
the Commission also grandfathered certain private pleasure craft used as
living quarters. It is appropriate to so broaden the accessory certificate of
use.
During discussion of this item at first reading on July 25, 1991, the
Planning, Building and Zoning Department was asked to justify the proposed fee
of $250. Upon further review, it has been determined that the services of a
mechanical inspector and public health inspector are not necessary.
Page 1 of 2
10991
Honorable Mayor and
Members of the City Commission
Assuming that each inspection would take 1 hour including travel time, the
calculation of the fee is as follows:
Average Hourly Rate Including
Personnel Category Fringe Benefits & City Vehicle=
Zoning Inspector $ 30.00
Structural Inspector 30.00
Electrical Inspector 30.00
Plumbing Inspector 30.00
Public Works Inspector 30.00
Fire Prevention Inspector 30.00
Clerical (Certificate, records, etc.) 20.00
$200.00
The fee is now recommended as $200.
Attachments
Page 2 of 2 10
9 3
0
ATTACHMENT:
DEFINITIONS: PROPERTY TAX AND AD VALOREM TAX
RE: ITEM PZ-12, CITY COMMISSION MEETING OF JULY. 25, 1991
INTRODUCTION
During the discussion of Item PZ-12--Liveaboard Ordinance, at the City
Commission meeting of July 25, 1991, the definitions of "personal property
tax" and "ad valorem tax" as applied to housebarges entered into the
discussion. This memorandum points out that the Metro -Dade County Property
Appraiser, if informed, will assess an ad valorem tax against housebarges, if
they meet the definition of "floating structure" in Florida Statutes. If
other private pleasure craft used as liveaboards, do not meet this definition,
they may escape such ad valorem taxation.
ANALYSIS
A "housebarge" is a "floating structure" which is expressly defined and
included as a type of tangible personal property (Sections 192.001(11)(d) and
(17) F.S.).
Al property*, including tangible personal property is evaluated by the
property appraiser to determine the just or fair market value which is
equivalent to the taxable or assessed value (Section 192.011 and 192.032
F.S.). The taxable value is mu ip ie y the millage to determine the
property tax (section 1(6) F.S.).
The terms "property tax" and "ad valorem tax" are interchangeable (Section
192.001(1) .
CONCLUSION:
Housebarges must pay ad valorem taxes, if they meet the definition of
"floating structure" in Florida Statutes.
*There are
in Florida
exemptions.
certain exemptions, such as the homestead exemption,
Statutes. Housebarges cannot apply for homestead
10931 3
.Zi#g of �iautl
MATTY HIRAI
City Clerk
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
�i
55(5.70 December 3, 1991
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinance
which amend the Code of the City of Miami, Florida:
10931
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY•
LA4"�- �
DEPUTY CITY LERK
RECEIVED BY:
DATE:
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Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360
ki-Tt#g of �tamt
MATTY HIRAI
City Clerk ........,
December 3, 1991
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinance
which amend the Code of the City of Miami, Florida:
10931
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
By a4-10— �- � eot�
DEPUTY CITY CURK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360
volt of � tantt
L-N OJ ,
MATTY HIRAI ;3
City Clerk c .........r,.
Co, r��
December 3, 1991
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinance
which amend the Code of the City of Miami, Florida:
10931
If I can be of any further assistance, please do not hesitate to
call.
Very truly you s,
Valerie Greenwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0706/(305) 250-5360
N
13
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rj �,
MIAMI REVIEW A FCG
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
CITY OF MIAMI
ORDINANCE NO. 10931
In the .......... X. X........................... Court,
was published in said newspaper in the issues of
Noverber 8, 1991
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second c all matter at the Post office in Miami in said
Dade C nty, lorida, for a period of one year next preceding
the fir publi ation of the attached copy of advertisement; and
affiant urth says that she has neither paid nor promised any
perso fir or corporation any discount, rebate, commission
OF t-u—
lY.r�
"OFFICIAL NOTARY SEAL"
OCTELMA V. FERBEYRE
MY COMM. EXP. 7/9/94
CITY OF MIAMI, FLORIDA
LEGAL NOTICE
All interested persons will take notice that on the 24th day of
October, 1991, the City Commission of Miami, Florida, adopted the
following titled ordinances:
ORDINANCE NO. 10929
AN EMERGENCY ORDINANCE CREATING A NEW SPECIAL
REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR
THE MENTALLY RETARDED — FY'92'' AND APPROPRIATING
FUNDS FOR ITS OPERATION IN THE TOTAL AMOUNT OF
$241,213 CONSISTING OF A $191,213 GRANT FROM THE STATE
OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES (HRS) AND $50.000IN-CARRY-OVER FUND BALANCE
FROM THE FY'91 REVENUE FUND OF THE SAME NAME;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
AWARD AND TO ENTER INTO THE NECESSARY AGREE-
MENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
TO ACCEPT THE GRANT AND IMPLEMENT THE PROGRAM,
SUBJECT TO APPLICABLE CITY CODE PROVISIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDINANCE NO. 10930
AN ORDINANCE AMENDING SECTIONS 1. 2, AND 6 OF
ORDINANCE NO. 10794, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1991,
ADOPTED SEPTEMBER 27, 1990, AS AMENDED, FOR THE
PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS
TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDI-
TORS: CONTAINING A REPEALER PROVISION AND A SEV-
ERABILITY CLAUSE.
ORDINANCE NO. 10931
AN ORDINANCE RELATING TO PLANNING, BUILDING AND
ZONING FEES, AMENDING THE CITY CODE, CHAPTER 2
ADMINISTRATION, SECTION 2-75, BY CONFORMING
NOMENCLATURE AND REQUIRING AN ANNUAL ACCESSORY
USE CERTIFICATE FOR HOUSEBARGES ON THE MIAMI RIVER
AND ESTABLISHING AN ANNUAL FEE FOR SAID CERTIFI-
CATES: CONTAINING A REPEALER PROVISION. SEVERABIL-
ITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 10932
AN ORDINANCE. WITH ATTACHMENTS. AMENDING
ORDINANCE NO 11000. AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDINGARTICLE 4 ZONING DISTRICTS. PR PARKS,
RECREATION AND OPEN SPACE DISTRICT, PERMITTED
PRINCIPAL USE, PERMITTED ACCESSORY USES, AND CON-
DITIONAL ACCESSORY USES, TO RECOGNIZE EXISTING
MARINAS AND ANCILLARY FACILITIES. AND PROVIDING THAT
NEW MARINAS AND ACCESSORY USES WILL REQUIRE SPE-
CIAL EXCEPTION APPROVAL: R 1 THROUGH R-4 RESIDENTIAL
DISTRICTS. TO REFLECT THE EXCEPTION TO THE
OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING
QUARTERS AND HOUSEBARGE PROHIBITION AS CONTAINED
IN NEW SECTION 940 AS ADDED BY THIS ORDINANCE: C-1
RESTRICTED COMMERCIAL DISTRICT, CONDITIONAL PRIN-
CIPAL USES, TO ALLOW TEMPORARY OCCUPANCY OF OR
PRIVATE PLEASURE CRAFT (EXCEPT IN THE LITTLE RIVER
CANAL): C-2 LIBERAL COMMERCIAL DISTRICT, PERMITTED
PRINCIPAL USES. TO ALLOW TEMPORARY OCCUPANCY OF
PRIVATE PLEASURE CRAFT AS LIVING QUARTERS: ARTICLE
6 SD SPECIAL DISTRICTS. SECTION 604 SD-4 WATERFRONT
INDUSTRIAL DISTRICT, CONDITIONAL ACCESSORY USES, TO
PERMIT OCCUPANCY OF PRIVATE PLEASURE CRAFT AS
LIVING QUARTERS. SUBSECTION 904.3 EXCLUSION OF SPE-
CIFIC USES, TO CLARIFY THAT HOUSEBARGES ARE
PROHIBITED AND OCCUPANCY OF PRIVATE PLEASURE
CRAFT AS LIVING QUARTERS IN ALL RESIDENTIAL DISTRICTS
IS PROHIBITED AND ADDING AN EXCEPTION IN NEW SEC-
TION 940. ENTITLED 'OCCUPANCY OF PRIVATE PLEASURE
CRAFT AS LIVING QUARTERS IN RESIDENTIAL DISTRICTS
AND HOUSEBARGE EXCEPTION''. TO PROVIDE FOR
GRANDFATHERING CERTAIN PRIVATE PLEASURE CRAFT AND
HOUSEBARGES IN ATTACHMENT A; PROVIDING FOR PERMITS,
INSPECTION, NAVIGATIONAL CLEARANCE, SIZE OF VESSELS
AND HOUSEBARGES-AND ENFORCEMENT: PROVIDING DEF-
INITIONS: CONTAINING A REPEALER PROVISION AND SEV-
ERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE
DATE
Said ordinances may be inspected by the public at the Office of
the City Clerk. 3500 Pan American Drive. Miami, Florida, Monday
through Friday. excluding holidays. between the hours of 8:00 a.m.
and 5:00pm
F '( OF 93 MATTY HIRAI
CITY CLERK
MIAMI. FLOR(DA
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(0063) 9�fca.f�oa`
11 /8 91-4-110856M