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Legislation
Ordinance
File Number: 07-01257 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE I/SECTION 10-5 ENTITLED "BUILDINGS/IN GENERAL/WAIVER OF
FEES," TO EXEMPT SENIOR CITIZENS FROM THE PAYMENT OF FEES UNDER
CERTAIN CIRCUMSTANCES; CONTAINING A REPEALER PROVISION, A "
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, any person obtaining a building permit is required to pay fees and charges before
such permit is issued; and
WHEREAS, the City Commission has by administrative order and ordinance established fees and
charges to be levied by the City departments for the issuance of building permits; and
WHEREAS, many senior citizens who live on fixed incomes cannot afford to pay the cost of permit
fees for improvements to their owner -occupied residential properties; and
WHEREAS, the City Commission wishes to exempt senior citizens from the payment of permit
fees under certain circumstances to encourage the issuance of building permits and compliance with
the Florida Building Code;
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/Article I/Section 10-5 of the Code of the City of Miami; Florida, as amended,
is amended in the following particulars:{1}
Chapter 10
BUILDINGS
ARTICLE I. IN GENERAL
Sec. 10-5. Waiver of fees..
.(1), The fees required under this article may be waived by the director of building and zoning for
entities and agencies of the City of Miami.
Cite of Miami
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File Number: 07-01257
12.1 Notwithstanding any provisions of this code to the contrary, all fees and charges assessed by the
city departments, including impact fees, which Are required to be paid as a condition of the issuance of
a building permit, shall not be charged if all the following conditions are met:
Lgi The permit to be obtained will correct a violation for work without permit or for work with an expired
permit for which the property owner has been cited by code enforcement or the building department.
The permit applicant was not the owner of the property at the time the violation was committed or
is not the contractor who performed the work without the required permit or allowed the permit to
expire.
The work performed without a permit was commenced prior to March 1, 2002r or the perrnit which
expired was issued under the South Florida Building Code.
ILI1 The work for which the building permit is requested is for an improvement to a single-family or
duplex residence, townhouse or condominium.which is occupied by the property owner and who has
had a valid homestead exemption for the past'five years for that property.
Lel- If the property is owned by more than one Iperson each must qualify for the Senior Citizen.
Exemption, except if the joint owners are married, only one of the owners must meet the qualifications
for the Senior Citizen Exemption.
J3) Each development department will track the amount of permit fees and charges affected by this
exemption each fiscal year. The general fund shall reimburse each of the development departments
the amount of permit fees and charges exempted as part of the following fiscal year's budget.
S_41 This ordinance is not intended to waive any permit fees or charges assessed by the departments
of the State of Florida, Miami -Dade County or federal government.
*11
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.(2)
APPROVED AS TO FORM AND CORRECTNESS:/
JORGE L. FERNNDEZ--
CtTY ATTOF, NEY
Cifv of Miami Page 2 of3
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File Number: 07-01257
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.
{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 shad
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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