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Home My WebLink AboutO-14193City of Miami ` Ordinance 14193 Legislation File Number: 13966 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/27/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-268 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/RESILIENCE AND PUBLIC WORKS DEPARTMENT/FEE FOR PREPARATION OF DOCUMENTS CONTAINING COVENANTS TO RUN WITH THE LAND, RIGHT-OF-WAY DEDICATION DEEDS, QUITCLAIM DEEDS, WAIVER OF FEE; FEE FOR PREPARATION OF DOCUMENTS ALLOWING THE USE OF PUBLIC RIGHT-OF-WAY BY PRIVATE ENTITIES; RECORDING FEE," AND CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-269 OF THE CITY CODE, TITLED "CHECKING AND RECORDING PLATS AND ALLEY CLOSURES OR VACATIONS —FEE SCHEDULE; WAIVER OF FEE," TO PROVIDE FOR NEW RESILIENCE AND PUBLIC WORKS DEPARTMENT ("DEPARTMENT") FEES RELATED TO THE PREPARATION AND PROCESSING OF RIGHT OF WAY DEDICATION WAIVERS, AND TO PROVIDE FOR THE PROCESSING OF TOLLING AND EXTENSIONS OF TENTATIVE PLAT APPROVALS; FURTHER AMENDING CHAPTER 54/ARTICLE I/SECTION 54-3 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/IN GENERAL/PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES," AND CHAPTER 54/ARTICLE II/SECTION 54-43 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION, AND REPAIR/PERMIT FEES FOR RIGHT-OF-WAY OR STREET EXCAVATION, SIDEWALK REPAIR, PAVING OR RESURFACING OF ROADWAY, PARKWAY OR SHOULDER AREA, BUILDING LINE AND GRADE SURVEY, SIDEWALK CONSTRUCTION SURVEY, DRIVEWAY CONSTRUCTION, UTILITY PLACEMENT; UNDERGROUND UTILITY SERVICE CONNECTION EXCAVATION, GROUNDWATER MONITORING WELLS; PERMIT RENEWAL; AFTER -THE - FACT PERMIT, AND INSPECTION/REINSPECTION FEES; WAIVER OF FEES," TO PROVIDE FOR THE PROCESSING AND REVIEW OF RIGHT OF WAY CLOSURE PERMIT EXTENSIONS BY THE DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 2/Article IV/Division 4 of the Code of the City of Miami, Florida, as amended ("City Code"), provides the fee schedule for the processing of covenants, construction plans, and recordation of plats by the Department of Public Works and Resilience ("Department"); and WHEREAS, Chapter 54 of the City Code provides the fee schedule for the processing of right-of-way permits; and City of Miami Page 1 of 4 File ID: 13966 (Revision:) Printed On: 811112023 File ID: 13966 Enactment Number: 14193 WHEREAS, currently, the fees referenced in Chapter 2 and Chapter 54 of the City Code do not sufficiently cover the average cost of City of Miami ("City") staff to perform the processing of said documents, permits, inspections, and related work; and WHEREAS, it is in the best interest of the City to amend Chapter 2 and Chapter 54, of the City Code to create said fees; and WHEREAS, the changes to fees in this Ordinance are related to and based upon the actual cost to the City for reviewing and processing the various approvals, permits, and other regulatory requirements as more specifically provided for herein; and WHEREAS, it is the intention of the City not to construe this Ordinance in such a way so as to conflict with State law, including, specifically, Section 337.401, Florida Statutes, regarding permissible permit requirements and fees for certain communications providers; and WHEREAS, the City Commission finds that all new fees in this Ordinance are reasonable and commensurate with the direct and actual cost of the regulatory activities described herein, including issuing and processing permits, plans reviews, direct administrative costs, and similar work; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2, Article IV, Division 4, Sections 2-268 and 2-269 of the City Code are hereby amended in the following particulars:' "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT Sec. 2-268. - Fee for preparation of documents containing covenants to run with the land, right- of-way dedication deeds, quitclaim deeds, waiver of fee; fee for preparation of documents allowing the use of public right-of-way by private entities; recording fee. ' Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated omitted and unchanged material. City of Miami Page 2 of 4 File ID: 13966 (Revision:) Printed on: 811112023 File ID: 13966 Enactment Number: 14193 (d) For the preparation and processing of a right-of-way dedication waiver.....150.00 44L(LIn addition to the above fees, the party proffering the legal document shall also pay the recording fee, as established by the state." Sec. 2-269. - Checking and recording plats and alley closures or vacations —Fee schedule; waiver of fee. (i) Processing fee for tolling and extensions of tentative plat approvals.....275.00" Section 3. Chapter 54, Article I, Section 54-3 and Chapter 54, Article II, Section 54-43 of the City Code are hereby amended in the following particulars:' "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or impedes traffic; fees; waiver of fees. (e) Fees. (7) Permit renewal fees prior to expiration and reactivation fees of original permit: Permit fee Der extension: 150.00 q4L5� All fees collected by the department of resilience and public works, in accordance with subsection (e)(2), (e)(3), (e)(4), (e)(5), and (e)(6) shall be deposited in a rollover account to be known as the lane closure fund. This account shall be used for the department of resilience and public works for engineering support services, training, materials, and equipment related to right-of-way closures, and for public right-of-way maintenance and improvements. 04Laj Waiver of fees. The fees described in subsection (e)(4), (e)(5), and (e)(6) may not apply to the city or any other non -revenue generating government or school district entity, or while construction, excavation, and repair work is being actively performed within the public right-of-way. The fees described in subsection (e)(1), (e)(3), (e)(4), (e)(5), and e(6) herein above may be waived or reduced by the city commission if the commission determines that such a waiver or reduction is in the city's best interest. (1-)L101 After -the -fact permit fee. For any public street or alley closure described in section 54-3, performed without the required permits and inspections, quadruple the City of Miami Page 3 of 4 File ID: 13966 (Revision:) Printed on: 811112023 File ID: 13966 Enactment Number: 14193 amount of all permit fees, application fees and inspection fees as described in subsections (e)(1) through (e)(6) herein. ARTICLE II. - CONSTRUCTION, EXCAVATION, AND REPAIR Sec. 54-43. - Permit fees for right-of-way or street excavation, sidewalk repair, paving or resurfacing of roadway, parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, utility placement; underground utility service connection excavation, groundwater monitoring wells; permit renewal; after -the -fact permit, and inspection/reinspection fees; waiver of fees. After -the -fact permit fee. For any public street or alley closure described in section 54- 3, performed without the required permits and inspections, quadruple the amount of all permit fees, application fees and inspection fees as described in subsections (e)(1) through (e)(6) herein." Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i ; ndez, i fy Httor ey 6/1212023 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. City of Miami Page 4 of 4 File ID: 13966 (Revision:) Printed on: 811112023