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Home My WebLink AboutO-14240City of Miami Ordinance 14240 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14948 Final Action Date: 12/14/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," TO PROVIDE A REFUND PROCEDURE FOR ASSOCIATED BUILDING PERMIT SOLID WASTE SURCHARGES UNDER CERTAIN CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 10-4(b)(2)(c) of the Code of the City of Miami, Florida, as amended ("City Code"), provides for a solid waste surcharge on certain residential and commercial properties while under construction; and WHEREAS, the City Code provides for exemptions and/or deferrals of the Solid Waste surcharge for certain types of permits or types of construction; and WHEREAS, other Sections of the City Code have provided for an allowance of an adjustment request in total or in part for surcharges; and WHEREAS, because many construction sites use privately obtained containers for their waste and debris it would be equitable to allow such adjustment requests; and WHEREAS, some projects pay the surcharge and then never commence construction while others may alter their plans to build projects smaller than anticipated or in such a manner that the surcharge that would have been paid would have been lower; and WHEREAS, such an amendment to the City Code is in the best interests of the City and its residents and businesses; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 10 of the City Code, titled "Building Permit Fee Schedule," is hereby amended in the follow particulars:1 "CHAPTER 10 1 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 1 of 4 File ID: 14948 (Revision:) Printed On: 1/2/2024 File ID: 14948 Enactment Number: 14240 BUILDINGS ARTICLE 1. IN GENERAL Sec. 10-4. Building permit fees schedule. * * * (b) General fee information. * * * (2) Surcharges. * * * (c) City solid waste surcharge. 1. Residential. $0.22 per $100.00 of the estimated cost of construction with a minimum fee of $26.00 and a maximum fee of $600.00. 2. Commercial. Permits for all building a surcharge of two and one-half percent of the cost of construction with a minimum of $57.00 and a maximum of $10,500.00. 3. Exemptions. The following are exempt from this surcharge: signs, landscaping, elevators, revisions, subsidiary permits, roofing, awning, windows and doors, shed, flooring, driveways, solar panel installations, and any affordable housing permit that the city director of community development exempts in writing prior to the issuance of the permit. 4. Automatic deferral. The city manager, or his/her designee, shall defer the surcharge for affordable housing developments and workforce housing developments for as long as the development remains affordable or workforce housing. The permit applicant shall provide the city the community redevelopment agency board's resolution approving or authorizing the project and a covenant running with the land, or a deed restriction, which ensures that the development conforms to the requirements of an affordable housing development or workforce housing development. Upon the project ceasing to be an affordable housing development or a workforce housing development, the solid waste surcharges that were deferred shall become due and payable to the city within 30 days. 5. Petition for Refund of Solid Waste Surcharge. (a) Petitions for a refund of the Solid Waste surcharge shall be submitted to the City Manager or Designee, for their review. The City Manager or Designee shall provide a form for the petition City of Miami Page 2 of 4 File ID: 14948 (Revision:) Printed on: 1/2/2024 File ID: 14948 Enactment Number: 14240 that is to be submitted by all eligible parties. The criteria for granting any such petition is as follows: (1) The petition shall be filed within ninety (90) days after finalization of the relevant permit. Any party who has the right to file a petition and who fails to do so within the required timeframe shall be deemed to have waived their right. (2) Only the party who paid the surcharge, hereinafter referred to as Petitioner, and who believes the contribution rate component of their surcharge to be inequitable based upon actual construction completed or lack thereof, subject to the limitations set forth in this Section, may file a petition; (3) The petition shall state with detailed specificity the reason for the request and the amount of refund being sought, and shall include: All submitted plans and modification; ii. Any and all refuse and debris removal contracts in place on the permit site; Any and all charges for the refuse and debris removed incurred from the final recycle or dumping station; and iv. Any other item, document, contract, agreement or writing that has direct bearing on the requested adjustment. (4) The Petitioner requesting the adjustment may be required, at their own cost, to provide supplemental information as requested by the City Manager or Designee, including, but not limited to, a full set of building (permit) plans, proof of finalization of relevant permit, copies of hauler agreements, copies of container removal service agreements or removal billing. Failure to provide such information may result in the denial of the refund request; and (b) The City Manager or Designee will review the petition and based upon the totality of information provided, which may include requests for information from the relevant City departments, determine whether the refund is granted and the amount therein, as necessary. (c) The City Manager or Designee will have one hundred twenty (120) days from the date of receipt of the petition for refund to provide a determination in writing. The determination shall include a recitation of the facts and the basis for the granting or denying of the petition and if granting, the reason for the amount of refund. City of Miami Page 3 of 4 File ID: 14948 (Revision:) Printed on: 1/2/2024 File ID: 14948 Enactment Number: 14240 (d) Appeals. All determinations by the City Manager or Designee are final. This Section does not apply to a class member (as defined in the trial court's order certifying the class in RT&S Investment Group, LLC v. City of Miami, Miami Dade Circuit Court Case No.: 14- 32239 CA 27) who do not opt out of the class. *„ Section 3. 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 4. This Ordinance shall become effective thirty (30) days after the trial court enters Final Judgment in RT&S Investment Group, LLC v. City of Miami, Miami Dade Circuit Court Case No.: 14-32239 CA 27 or thirty (30) days after any appeal concerning an order or judgment resulting from the final settlement agreement in RT&S Investment Group, LLC v. City of Miami, Miami Dade Circuit Court Case No.: 14-32239 CA 27, whichever comes Iater.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey , 10/31 /2023 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 4 of 4 File ID: 14948 (Revision:) Printed on: 1/2/2024