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Home My WebLink AboutO-12435City of Miami Legislation Ordinance: 12435 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 03-0046 Final Action Date: 11/13/2003 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 35, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE PARKING IMPROVEMENT TRUST FUND," TO (1) REDUCE THE WAIVER FEE FROM $600 TO $540 PER PARKING SPACE PER YEAR, (2) REDUCE THE PURCHASE PRICE FOR PARKING SPACE WAIVER FROM $6,000 TO $5,400 PER PARKING SPACE, AND (3) INCREASE THE AMORTIZATION PERIOD FROM SIX (6) YEARS TO FIFTEEN (15) YEARS, AND (4) GRANT PARKING CREDIT FOR BUILDINGS BUILT PRIOR TO 1960 THAT HAVE BEEN DEMOLISHED OR MAY BE DEMOLISHED; MORE PARTICULARLY BY AMENDING SECTION 35-224 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami's Coconut Grove Parking Advisory Committee ("Parking Advisory Committee") and the Department of Off -Street Parking ("Off -Street Parking") understand the economic need to assist Coconut Grove merchants at this time; and WHEREAS, the Parking Advisory Committee and Off -Street Parking recommend amendments to the present ordinance to assist said merchants; and WHEREAS, the City Commission also wishes to grant parking credit for buildings built prior to 1960 that have been demolished or may be demolished; 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 35, Article V, Section 35-224 of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: {1} City of Miami Page 1 of 4 File Id: 03-0046 (Version: 2) Printed On: 8/18/2016 File Number: 03-0046 Enactment Number: 12435 "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC * * * ARTICLE V. COCONUT GROVE PARKING IMPROVEMENT TRUST FUND Sec. 35-224. Schedule of fees and charges. (a) The Schedule of fees and charges to be assessed and paid into the trust fund is as follows: (2) All property owners currently in possession of base parking space waivers as provided in Ordinance 11052, shall pay $600.00 $540.00, per space per year, payable monthly (the "annual payment."). The annual payment shall be inflation adjusted once at the end of each five-year period. The first inflation adjustment shall commence on January 1, 2007, reflecting the change from the prior year only, using the consumer price index urban consumers (CPI-U). All property owners currently in possession of base parking space waivers shall have the option of converting the existing waivers to conform to the provisions set forth in subsection (3). (3) Fee in lieu of providing required off-street parking for SD-2 zoning district pursuant to Article 6 of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami (the "Zoning Ordinance") shall be as follows: a. A purchase price of $6,000.00 $5,400.00 per parking space waiver (the "Purchase Price.") The Purchase Price shall be inflation adjusted once at the end of each five-year period. The first such adjustment shall occur on January 1st, 2007, reflecting the change from the prior year only, using the consumer price index urban consumers (CPI-U). The Purchase Price shall be paid in either of the following two ways, at the option of the property owner: i. Permanent Certificate of Waiver. Payment of the Purchase Price may be made at the time of application for a Permanent Certificate of Waiver. Upon receipt of the purchase price, the City shall issue a "permanent certificate of waiver," recorded at the property owner's expense in the public Records of Miami -Dade County, Florida, to the property owner. The permanent certificate of waiver shall run with the land, and may be leased to another owner of real property within the SD-2 District in accordance with Section 602.10.4 of the Zoning Ordinance. ii. Installment Payment Program. The purchase price may be paid in installments over a self -amortizing period of six fifteen years, but with a balloon payment after ten years from date of execution of an installment payment agreement for permanent certificate of waiver (the City of Miami Page 2 of 4 File Id: 03-0046 (Version: 2) Printed On: 8/18/2016 File Number: 03-0046 Enactment Number: 12435 "agreement"), with interest at 1 % below the Bank prime rate. Each installment shall be referred to as a "payment." Bank prime rate shall refer to the rate set by the banking institution used by the department of off -Street parking (the "department"). Payments shall be due and payable on the 1st of each month (the "due date"). The property owner shall pay a late fee of five percent of each payment which is not received within 15 days of the due date. Payments not made within 30 days after the due date shall be charged interest at the rate of ten percent per annum calculated monthly on the unpaid balance, including applicable late fees. If any payment is returned because of insufficient or uncollected funds in addition to any other fee or charge due, the property owner shall be liable for a returned check charge in the amount of five percent of the amount of the check; in such event, the department may require that all future payments be made by cashier's check. In the event any payment is not received by the department within 90 days of the due date, the applicable certificate(s) of waiver shall be revoked by the zoning administrator, and the property owner shall forfeit any and all rights thereunder, and any amounts paid pursuant to the agreement, and shall not be entitled to participate further in the installment payment program, unless its to avail themselves of an alternate installment payment program that becomes available. Notwithstanding the foregoing, the property owner shall remain responsible for providing parking, or apply and pay for the necessary monthly parking space waivers or make full payment. b. Limited six month period following the effective date of this Ordinance to convert isting Base and Supplemental monthly parking space waivers to payment at a reduced fee of $5,400.00 per parking space waiver in accordance with section 35 22'1(a)(3)(a)(i) or (ii) above. The city shall grant parking credit for buildings built prior to 1960 that have been demolished or may be demolished. (67) Such other fees as may from time to time be authorized by the city commission. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. 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} ...Footnotes: {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 3 of 4 File Id: 03-0046 (Version: 2) Printed On: 8/18/2016 File Number: 03-0046 Enactment Number: 12435 {2} 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. Footnotes: s. {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. {2} 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. City of Miami Page 4 of 4 File Id: 03-0046 (Version: 2) Printed On: 8/18/2016