HomeMy WebLinkAboutPrevious LegislationJUN-13-2005 07;51 CITY OF MIRMI
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7/2/11
UAL AM
ORDINANCE NO. 11813
All *RblNANCS OF THE MIAMI CITY commt#BION
AMEND= 18N 0302 of 111E CITY op NIAM.
FLOal0A, AS NI1NDRD. TO INOORPOSATE
PROVISIONS PON TNF IMPOSITION AND COLLECTION
OF A PM11INd FACILITIR$ SURCHASON AT A Am
OF TWENTY PERCENT (2O%) or INS PIE RAID FOR
THE aim OF A FAIRING SPACO IS A 8M1c =
1rAClLI1Y IN THE CITY OF MLANI, 4NOVIDING
n1v'illrrlailg, ATITi d sum Mamma Iron
COLLECTION AND PROVioilo PNItALT;pi 6OA
i1Q1 FLIANCSt c N'Z&INING A NRPEALDS
PROVISION AND A SEVENASZLITT CLAUSE,
110VI0ZN0 All EFFPCTZVI1 DATA, AND
DMMfDI1>G PClt Xitewiroi IN THE CITY COOS.
11i1:111AM, Florida Statute iiir.6o7 lraa 1m nded to odd
Scotian i which authorises for governing body of any cuaioipality
with a rraidant population of 300,000 or more which has born
dewed in a etat4 of financial emergency, to ipipog* e
discretionary par vehicle surcharge of up to twenty percent (2041
on the gross revenues of the sale. Llama Or natal of space at
parking facilities open to the public within the eeeicipelityr
and
asaa1M, CbW Citr of Miami Wag declared to be in ■ state of
fin■aaial elargsnoy by the governor of Florida by Executive
Order 9i-391 and continuos to Operate undar the Financial
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CITY OF MIAMI
JUN-13--2005 07:51
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Emergency Qrereight wards and
SHEENS'S' Vloride Statute §234.e01txl1b)11 repine Chat
sixty to eighty percent (i0-Y0%1 of the proc*ede. of funds
generated by the surcharge are to be applied to the reduction of
ad valorem tam village rates or to reduce or eliminate npn•ad
valorem aieesaeentef and
WHERBAM, it le in the beret interests of the citiietle of
Miami that an ordinance be adopted to implement the authority
granted by the Florida Legialiture.j
MOW, TOREFDR5, BE xT QP,AWISU 3Y 'm i CC OIIUI= OR ?$I CITY
OF NL1Wl. 'IASIL1l;
section 1. 7he mamas end findings contained in the
Preamble to this Ordinance are hereby adopted by relareana
thereto end incorporated herein as if fully met forth in this
Section.
emetics 3. The Code of the City of Miami, Florida, am
amended, de hereby amended by adding provisions for Parking
eaeilitiee Surcharge ea contained herein.
Section 3. Shot title: This Ordinance shell be known
end cited me the ■ley at Oland Parkinw iftedlitley Surcharge
Ordiaeaaa."
motion 1. 4MM. Thin *alumnae is boreby intended
CO levees and levy a Surehasge on the sale. leer* or rental of
apace at Parking vacilitieu in the City to be paid by.ahe meet of
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such space at the rata of twenty percent 120t1 of the growl
Revenues derived from any Charge, Fee or hitching, tor the Parking
of a Motor Vehicle in or on any parking facility in the City of
Miami for which a Charge, Pee ar Exchange in made on an hourly.
Daily. weekly, monthly, yearly, event, validation program, Valet
or any other bail,. The get Proceeds of the Surcharge collected
shall be deposited in the general fund subject to appropriation
pursuant to the budget and faecal provifionn of the annual budget
propene.
Section 8. authority. The City Cammiaeion in hereby
authorised to .atablieh and adopt a Surcharge pur•muant to the
authority granted by Florida statute §11e.503, as amended shoe).
The provision, of tide ordinance shall not be construed to limit
the paver of tha City to adopt such ordislanne pursuant to any
other source of looal authority nor to utilise any other method,
or powdra othsrwiwa available for eccomplimhiag the purposes met
forth herein, either in subatitutjbn of or in conjunction with
thin Ordinance.
Section G. netteitiema. A, used in this Ordinance the
following words and term shall have the following nepninge,
en1ea another meaning in plainly snt.ndsd3
City shall meals the city of Miami, Florida,
Aaai1y *bull awl the operation of a faoiliey on
spy or all of the seven (7) days of the week, inclusive
of holidays.
Charge, Pee or Owning* 'shall mean the
conwt@aration paid to and including auxr and all
ccsgenwation rac.ived or costa lmpessd, collected ar
exacted by the operator for Par77eeing in a Parking
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CITY OF MIRMI
Facility including exchange. credit or otherwise.
Barars shall mean any building er other etruoture
in which Motor V hiciee may be parked, stored. housed,
or kept for ■ Charge, Von or SaO e.
aroma Rovenuee shall mean any aid all revenue
exchac®u or otherwine. to be determined according to
ly avompted amounting principles, derived
meetly or indirectly from or in oonneoslon with the
parking operation of the Perking facility, excluding
Florida State gala* tax. but including the entire
OPI000t of Oegpenaetion in whacewr form.
reneger *hall mean the city Manager of the City or
his or her designee.
motor vsliic� • shall mean every pelf propelled
vehicle operated or imitable for operation.
Net Pr'ars o& shall men the amount of the
surcharge reeitaed to the City lees the allocable Goetz
of procedures to enforce collection of the Rurohnzta in
an amount not to exceed five percent 1e0.
Operator *ball Watt any iadtviduel, partnership.
aesooiatiao. oorpore:ion, or other entity which alas,
controls, conductor leases operates, or online* Co be
operated a Parkitag Faoiiity welch offers Perking
aQucmodat:ivaa for a charge, Fee or Ixohange, ?he
intent of thin definition is to place the ultimate
burden for collection of tie furoharge on the owner of
the Pecking /aoility in addition to the entity which
operates the Parking facility if different frail tee
ovate.
Parking shall mean the parking, staring, housing
or Soaping of a Motor Vuhiolo.
Parking nullity *hall roman any use in whole or in
Pa" of * space. pZot, place, .at parcel, yard,
analoaura. Forking Lot. Garage. or street only if aced
in caatiunctian with a valet Parking service. building
or structure that is open to the general public at
rhiah motor Vehicles may be housed, stored. kept, or
parked for which any Charge, pee or =huge is made,
no matter bow the Charge. pee or Xxdbange is collected.
Porkiag hot shell mean any outdoor sin or ,apace
Motor Vehicles nay be perked. Eased. hound or kept
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JUN-13-2005 07:51 CITY OF MIAMI
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for Charge, pea or Exchange.
Surcharge shall mtaif the parking vacilitisa
gumboils sxpreeead as a percentage or in tlaltars-
rraneaotton Mall mean the parking. storing.
housing or blimping of a motor Vehicle in a Parking
gaoling, in the city, far a Charge, Pie or Exchange.
valet means parking accomplished through a valet
Parking Barrios.
Wet Parking service means the plaoing. locating.
or permitting the placing or Iodating of •tando
tables. vignafe or traffic cones within the public
right-of-way or otherwise restricting a portion of the
street for the porpoises of operating the drop-off and
pick-up of vahiolea to to parked. To the sxi*nC that
sty definition may be inconsistent with the definiticm
of Valet larking serviee as set forth in swtion 31-7D3
thereof, and as may be amended from tins to time. the
latter shell govern at all times.
meanion 7. applicability of Pashing riCittties
nuseheape. This ordinance shall be uniformly applicable to 47.1
Parking in Parking Paoilitiee in the City, exaluaive of
residential ParkinW of tenants an resident. in apartments'.
condominiums or ooaperarivar where Parking i■ provided Peasnent
to a tease or in a eaparate writing batman the apartment
building owner. aoadominius or cooperative and the tonaata or
residents, wbather a Charge. Pas or Exchange is payable to the
apaxtment caner. 000dom nius or cooperative or to the Operator of
a'reeidantial Parking Facility.
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Section B. Collection el the Psalm Pavilitis■
Sorghums.
(al Surcharge emanate due pursuant to this Ordinance shall
be collected by tha operator of a Parking Facility at the time
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of. and in Addition to, collection of any other amounts for the
Parking of a Motor vehicle is a Parking Facility, whether Charge.
pea or wxahenge is made on an hourly. Daily, weekly, monthly.
yearly, event. validation program. Valet or any other basis, All
Operator* shall be required to uaintfiu a valid occupational
lineman and any other licenses ae may be required by law to
°potiato a commeroial parking Facility- The occupational llama*
of an operator shall be ravokad upon the failure to remit the
Surcharge amounts Eer three PI consecutive months. No operator
shall be (permitted to operate the Parking Facility until all
*Mare Are paid.
01 No later than the Cweatiatn (WI day of each calendar
month. the Operator of awry Perking Facility shall resit to the
Manager the feuds °enacted, net of refunds and state or local
salty tam, pureuent to th1a Surcharge for the p:*ceding calendar
month. Math monthly namittenoe shall be acaompattied by such
reports as may ha prescribed by U* Manager on fosse identifying
*soh Parking Facility, this name, addrasa, account nllglbar,
capacity. Charm, Fee, or Exchanges, or rate schedule, rlueber
and type of Transaction aid ouch other informatiO 4 vat may be
mammary or cOnveeianr to fully calculate the surcharge.
(c) Seery Operator of a Parking Facility shall keep
complete and summate recorda, in a moor as eat forth by the
Manager, pirauanot to •lactian (6)(f)(1) herein. of all Motor
vehicles parked on an hourly. Daily, weekly, monthly, yearly,
event, validation program. Valet or say other baei■ ip the
Pasklna Facility, together with the amount of iurnhasgl asileated
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frees all Tranuaetiams, and shall keep all pertinent records and
documents as are neceeaary to determine the amount of gurnharge
Mae. such reaorde and ogler pertinent data *hall ha available
for inspection and gemination upon the request of and with
reasonable notion by the Manager.
(d) Whanevsr any Operator fails co hasp records from which
the 8urcherge may be accurately computed, the Manager may sake
uaa of a !eater developed by surveying other cperaterw of a
similar type Parkin racility, or otherwiaa aamout* the amount of
Surcharge due, and tbis cOmpatation shall be prremua.d correct-
40) Whenever say Operator fails to collect or resit to the
Manager the Surcharge impaled within the time limit therefor, Cba
Manager shall rime.: the operator the amount of Sus -chugs due,
plum interest et tha rate of one percent 110 per matt or any
Fraction thereof, aid a penalty of ten percept (la#) of the
Surcharge due on uncollected or unremlttad amounts'.
(2) In addition to the power. granted the Meager in
connection with the collection of the 8yroheres, the Wanrger it
hereby authorised and empowered:
(1) to site, adopt and amend such torsi. rules',
regulations, and proaeduree as may be doomed
necessary or proper to fu1.y collect the
Surchargeand to define any terse used in
connecton with the iropooltien and aolleeti,an
of Chs Surcharge/
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12) co ee diaputed ramie, in connection
with Surcharge and. tor good and
euffiaiant cause abawn, to waive interest and
peaaltYJ
(i) to delegate any Of the duties and lunation.
in connection with the collection of the
Surcharge and the enfordleent Of the
prpmi/ions relating to the Manama Of the
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Cityr provided however, that all regulations
promulgated "'hall be issued by the Manager;
(41 to extend, for good and eufficisnt cause
sheen, the
f�collected
pu pursuant Surcharge required tobe
paid for such period of time as way be deemed
reasonable by the Manager: and
(51 to retain persons or entities with parking
related collection experience to ptOYL
service* related to the enforcement of
Surcharge procedures eub3eet to a Opgpetitiv*
prooureple It precise.
Section 9, railer, to cooplyi penaittee. The Operator
of a parking Facility who,
lit file. negl1Ct* or refused to Coileat the
Surcharge( or
(31 fails, neglects or refuges to remit the auroharg.:
Or
(31 fails, neglects or refuses to keep accurate
records which can be reasonablyunderireed
al an
using accepted aOCou�lting p riaai 1i
documents/ or
(4) aubmite say incomplete, faldi or fraudulent
return; or
451 refuses to permit the Manager tQ examine books.
records and Mere relatiog to the Ituroharge; or
(61 falls to fully googly with any or all rules or
yaigulutinoe promulgated by the nemegar pursuant to
the authority contained Mersin, or fails to
maintain complete records as required pureuent to
Adapted procedures.
AbAll be aabieest to the following penalties for each cdfseas:
(1) have hie or her occupational license ravwkedr
and/or
421 have a lien placed upon the parking paoility Eor
the sue■ owed plus interest pursuant to law/
and/or
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U1 be witty of a misdemeanor and/or fined not more
than 2500. or imprisoned not more than •ix (f)
months, or both' and/or
44) be Iubjeet to adeinietrative fine in the amount of
ii00.0 .
Further. the City in hereby authorared to meek injunctive or
other equitahle relief to aniOroa aaeplianee With this Owdinance.
WeCtioa lo. sefeetivs date. Tire provisions met forth IA
thie Ordinance shall become effective the first dry of the month
following the effective data of the adoption of this bxdiaaane.
Section it. All ordinances or parte of ordinances insofar
■e they ere ihOoe•Smtent or in conflict with the pravieion■ of
thin ordinance are hereby re led.
Section 12. If any section. part of mention. paragraph.
clams, phrase or word of this ordinance ie declared invalid, the
remaining provimione of this ordinance Mall not be ■ffeated.
m00tion 13. It is the intention of the City Commiesion
that the provieione of this Ordinance shell *wane and be made a
part cif the Code of the City of Miami, eloridm, ae amended. which
provieioup may be renumbered or relettered acid that the word
"ova" may be changed to •mection", "article", or other
appropriate mord to ecaomplieh such intention.
afttion 14. This Ordinance shall become *tractive thirty
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l30) days after final reading And adoption th.rsgf,1
PASSED 011 PINOT RIADZN0 BY TITLE ONLY this 11411 day of
ins 1s99.
PANS= AND ADOPTS') ON SECOND AND FINAL RRADTNO SY TtTL, ONLY
Chia wlirdL, day of July 4000•
JOS
lrirnsrd r,M MOO Cade In R410, elra Iv/Ar hr dd n014r4strr NNW et
tit W 'Wag I In Ur delpnMrd pealed, maid
Moot ISMS. 010 the 'Moe e( {i 9 ' Ihr d Oe n
+tgtNwl ALM %M PO Mir Nam
ATTE r:
NALTSE J. YONKRN
CITY CLIME
CORRECTSita
ATfoRNEY
0T..NYC •Sas
this Otiimmea shill beats •Restive ae epeel[l d hermit gnaw nt014
DV I:hs Mayer within tam dm„ from the detm it is "mid and mdopked.
SI the 'Wm *Mai this Braman. 10 Mali bottom etlssltre
immatltmm.ty aPta amide et the .are by the may reatieeian or epee the
.1leaatre date stated Wein. rhieheae, La 1st01.
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