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HomeMy WebLinkAboutO-12563City of Miami Legislation Ordinance: 12563 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00466 Final Action Date: 7/22/2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING SECTIONS 35-341 TO 35-347, IN ITS ENTIRETY OF ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CODE") ENTITLED: PARKING FACILITIES SURCHARGE, AND REPLACING IT WITH NEW SECTIONS 35-341 TO 35-347, AMENDING THE CODE PROVIDING FOR THE IMPOSITION AND COLLECTION OF A PARKING FACILITIES SURCHARGE AT THE RATE OF FIFTEEN PERCENT (15%) OF THE AMOUNT CHARGED FOR THE SALE, LEASE, OR RENTAL OF SPACE AT PARKING FACILITIES WITHIN THE CITY OF MIAMI; PROVIDING DEFINITIONS; SETTING FORTH PROCEDURES FOR COLLECTION AND PROVIDING PENALTIES FOR NONCOMPLIANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR INCLUSION IN THE CITY CODE. WHEREAS, Florida Statute 066.271 provides that any municipality with a resident population in excess of 200,000 and more than 20 percent of the real property that is exempt from ad valorem taxes, and that is located in a county with a population of more than 500,000, may impose and collect, subject to referendum approval by voters in the municipality, a discretionary per vehicle surcharge of up to 15 percent of the amount charged for the sale, lease, or rental of space at parking facilities within the municipality that are open for use to the general public; and WHEREAS, Florida Statute 066.271, requires that no less than 60 percent and no more than 80 percent of surcharge proceeds shall be used to reduce the municipality's ad valorem tax millage or to reduce or eliminate non -ad valorem assessments, unless the municipality has previously used the proceeds from the surcharge levied under §218.503 (5)(b) to reduce the municipality's ad valorem tax millage or to reduce non -ad valorem assessments; and WHEREAS, Florida Statute 066.271, requires that not more than 40 percent and not less than 20 percent of surcharge proceeds shall be used to improve transportation, including, but not limited to, street, sidewalk, roadway, landscape, transit, and streetscape beautification improvements in the downtown or urban core areas; and WHEREAS, at a special municipal election on November 4, 2003, 62.43% of the voters endorsed, by referendum, the imposition of a parking surcharge at public parking facilities to be collected beginning October 1, 2004; and WHEREAS, it is in the best interest of the citizens of the City of Miami that an ordinance be adopted to implement the authority granted by the Florida Legislature; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 6 File Id: 04-00466 (Version: 2) Printed On: 9/23/2016 File Number: 04-00466 Enactment Number: 12563 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Code of the City of Miami, Florida, as amended, is amended by adding provisions for a Parking Facilities Surcharge as contained herein. Section 3. Short title. This Ordinance shall be known and cited as the "City of Miami Parking Facilities Surcharge Ordinance." Section 4. Intent. This Ordinance is intended to impose and levy a Surcharge on the sale, lease or rental of space at Parking Facilities in the City of Miami at the rate of fifteen percent (15%) of the Revenues derived from any Charge or Fee for the Parking of a Motor Vehicle in or on any Parking Facility in the City of Miami for which a Charge or Fee is made on an hourly, Daily, weekly, monthly, yearly, event, validation programs, valet or any other basis. The Net Proceeds of the Surcharge collected shall be deposited in the general fund subject to appropriation pursuant to the budget and fiscal provisions of the annual budget process. Section 5. Authority. The City Commission is authorized to establish and adopt a Surcharge pursuant to the authority granted by Florida Statute 066.271. The provisions of this Ordinance shall not be construed to limit the power of the City of Miami to adopt such ordinance pursuant to any other source of local authority nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this Ordinance. Section 6. Definitions. As used in this Ordinance the following words and terms shall have the following meanings, unless another meaning is plainly intended: City means the City of Miami, Florida. Daily means the operation of a facility on any or all of the seven (7) days of the week, inclusive of holidays. Garage means any building or other structure in which Motor Vehicles may be parked, stored, housed, or kept for a Charge, Fee or Exchange. Fee, Charge or Exchange means the consideration paid including any and all compensation received or costs imposed, collected or exacted by the Operator for Parking in a Parking Facility including exchange, credit of otherwise. Charge, Fee or exchange also means the consideration paid to the operator for goods and services ancillary to Parking, if payment for such goods and services is mandatory and not optional to the User's entry into a Parking transaction. Examples of goods and services that may be considered ancillary to Parking include, but are not limited to, food, beverages, air fresheners, windshield cleaning, car wash, tire pressure checks, jump starts, and emergency phone services. The intent of this definition is to impose the surcharge on all consideration paid by the User as a condition of entry into a Parking transaction, irrespective of whether particular components of such consideration are characterized as compensation received or City of Miami Page 2 of 6 File Id: 04-00466 (Version: 2) Printed On: 9/23/2016 File Number: 04-00466 Enactment Number: 12563 cost imposed for goods and services separate and apart from Parking in an attempt to evade the surcharge. Revenues means, any and all revenue, to include the entire amount of compensation in whatever form, exchange or otherwise, to be determined according to generally accepted accounting principles, derived directly or indirectly from or in connection with the Parking operation of the Parking Facility. Manager means the City Manager of the City of Miami or his or her designee. Motor Vehicle means every self propelled vehicle operated or suitable for operation in a Parking Facility. Net Proceeds means the amount of the surcharge remitted to the City less the allocable cost of procedures used and expenses incurred by the City to enforce collection of the surcharge in an amount not to exceed 5%. Operator means any individual, partnership, association, corporation, or other entity which owns, controls, conducts, leases, operates, or causes to be operated a Parking Facility which offers Parking accommodations for a Fee, Charge or Exchange. The intent of this definition is to place the burden for collection of the surcharge on the owner of the facility not the entity which operates the Facility if different from the owner. Parking means the parking, storing, housing or keeping of a Motor Vehicle. Parking Facility means any use in whole or in part of any space, plot, place, lot, parcel, yard, enclosure, Parking Lot, Garage, street, building or structure that is open to the general public at which Motor Vehicles may be housed, stored, kept, or parked for which any Fee or Charge is made, no matter how the Fee or Charge is collected. Parking Lot means any outdoor area or space Motor Vehicles may be parked, stored, housed or kept for a charge or fee. Surcharge means the Parking Facilities Surcharge expressed as a percentage or in dollars. Transaction means the Parking, storing, housing or keeping of a Motor Vehicle in a Parking Facility, in the City of Miami, for a charge or fee. Section 7. Applicability of Parking Facilities Surcharge. This Ordinance shall be uniformly applicable to all Parking in Parking Facilities in the City, exclusive of residential Parking of tenants or residents, in apartments, condominiums or co-operatives where Parking is provided pursuant to a lease or in a separate writing between the apartment building owner, condominium or cooperative and the tenants or residents, whether a Parking Charge is payable to the apartment owner, condominium or cooperative or to the Operator of a residential Parking Facility. Section 8. Collection of the Parking Facilities Surcharge. City of Miami Page 3 of 6 File Id: 04-00466 (Version: 2) Printed On: 9/23/2016 File Number: 04-00466 Enactment Number: 12563 (a) Surcharge amounts due pursuant to this Ordinance shall be collected by the Operator of a Parking Facility at the time of, and in addition to, collection of any other amounts for the Parking of a Motor Vehicle in a Parking Facility, whether Charge is made on an hourly, Daily, weekly, monthly, yearly, event, validation programs, valet or any other basis. All Operators shall be required to maintain a valid operational license. The occupational license of an Operator shall be revoked upon the failure to remit the surcharge amounts for three consecutive months. No Operator shall be permitted to operate the Parking Facility until all arrears are paid. (b) No later than the twentieth (20th) day of each calendar month, the Operator of every Parking Facility shall remit to the Manager the funds collected pursuant to this Surcharge, net of refunds, for the preceding calendar month. Each monthly remittance will be accompanied by such reports as may be prescribed by the Manager on forms identifying for each Parking Facility, the name, address, account number, capacity, Parking Charges or Fees, or rate schedule, number and type of Transactions and such other information as may be necessary or convenient to fully calculate the Surcharge. (c) Every Operator of a Parking Facility shall keep complete and accurate records, in a manner as set forth by the Manager, pursuant to Section (6)(f)(1), of all Motor Vehicles parked on an hourly, Daily, weekly, yearly, monthly, yearly, event, validation programs, valet or any other basis in the Parking Facility, together with the amount of Surcharge collected from all Transactions, and shall keep all pertinent records and documents as are necessary to determine the amount of Surcharge due. Such records and other pertinent data shall be available for inspection and examination upon the request of and with reasonable notice by the Manager. (d) Whenever any Operator fails to keep records from which the Surcharge may be accurately computed, the Manager may make use of a factor developed by surveying other Operators of a similar type Parking Facility, or otherwise compute the amount of Surcharge due, and this computation shall be prima facie correct. (e) Whenever any Operator fails to collect or remit to the Manager the Surcharge imposed within the time limit therefor, the Manager shall assess the Operator the amount of Surcharge due, plus interest at the rate of one percent (1 %) per month or any fraction thereof, and a penalty of ten percent (10%) of the Surcharge due on uncollected or unremitted amounts. (f) In addition to the powers granted the Manager in connection with the collection of the Surcharge, the Manager is authorized and empowered: (1) To make, adopt and amend such forms, rules and regulations as may be deemed necessary or proper to fully collect the Surcharge and to define any terms used in connection with the imposition and collection of the Surcharge; (2) To compromise disputed claims in connection with the Surcharge and for good and sufficient cause shown to waive interest and penalty; (3) To delegate any of the duties and functions in connection with the collection of the Surcharge and the enforcement of the provisions relating to the Manager of the City; provided however, that all City of Miami Page 4 of 6 File Id: 04-00466 (Version: 2) Printed On: 9/23/2016 File Number: 04-00466 Enactment Number: 12563 regulations promulgated shall be issued by the Manager. (4) To extend, for good cause shown, the time for remitting any Surcharge required to be paid for such period of time as may be deemed reasonable by the Manager. (5) To retain the services of persons or entities with parking related collection experience to collect the Surcharge subject to competitive procurement procedures. (6) fails, neglects or refuses to pay penalties and interest Section 9. Failure to comply; penalties. A. The Operator of a Parking Facility who: (1) fails, neglects or refuses to collect the Surcharge; or (2) fails, neglects or refuses to remit the Surcharge; or (3) fails, neglects or refuses to keep accurate records; or (4) submits any incomplete, false or fraudulent return; or (5) refuses to permit the Manager to examine books, records and papers relating to the Surcharge; or (6) fails to fully comply with any or all rules or regulations promulgated by the Manager pursuant to the authority contained herein, or to keep complete and proper records as required, shall be subject to the following penalties for each offense: (i) have his or her occupational license revoked; and/or (ii) have a lien placed upon the Parking Facility for the sums owed plus interest pursuant to law; and/or (iii) be guilty of a misdemeanor and/or fined not more than $500, or imprisoned not more than (6) months, or both. (iiii) be subject to an administrative fine in the amount of $500.00. (11111) be required to comply with stricter reporting requirements. B. The Operator of a Parking Facility who: City of Miami Page 5 of 6 File Id: 04-00466 (Version: 2) Printed On: 9/23/2016 File Number: 04-00466 Enactment Number: 12563 (1) Has outstanding surcharge payments for three months; or (2) Has outstanding penalty and interest payments for three months; or (3) Fails to maintain complete and accurate records as stipulated by the ordinance; or (4) Fails to comply after receiving two notifications regarding compliance with the ordinance; or (5) Fails to comply with an audit request after the manager has reasonably attempted to schedule such audit shall be subject to additional reporting requirements including: (i) The operator of the parking facility will be required to register parking slips, receipts, chits, tickets or the like with the manager (ii) The operator of the parking facility will be required to complete and submit a "Parking Surcharge Recap Monthly Report." Further, the City of Miami is authorized to seek injunctive or other equitable relief to enforce compliance with this Ordinance. Section 10. Effective date. The provisions set forth in this Ordinance shall become effective October 1, 2004.0} Section 11. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 12. 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 13. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section," "article," or other appropriate word to accomplish such intention. Footnotes: {1} 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 6 of 6 File Id: 04-00466 (Version: 2) Printed On: 9/23/2016