HomeMy WebLinkAboutO-13009City of Miami
Legislation
Ordinance: 13009
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00611 Final Action Date: 7/10/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE I/SECTION 10-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS/IN GENERAL/WAIVER OF
FEES," TO MODIFY THE EXEMPTION OF SENIOR CITIZENS FROM THE
PAYMENT OF FEES UNDER CERTAIN CIRCUMSTANCES AND TO AMEND
DUPLICITOUS LANGUAGE IN THE CITY CODE; CONTAINING A REPEALER
PROVISION 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 Miami City Commission has by administrative order and ordinance established
fees and charges to be levied by the City of Miami 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 for compliance with
the Florida Building Code; and
WHEREAS, Section 10-5 of the Code of the City of Miami, Florida, as amended ("City Code"),
when previously codified, was duplicated in error by the publisher;
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 City Code, is amended in the following
particulars:{1 }
"Chapter 10
BUILDINGS
ARTICLE I. IN GENERAL
City of Miami
Page 1 of 3 File Id: 08-00611 (Version: 11 Printed On: 5/9/2017
File Number: 08-00611 Enactment Number: 13009
Sec. 10-5. Waiver of fees.
{a) (1) The fees required under this article may be waived by the director of building and zoning for
entities and agencies of the city.
(2) 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:
a. 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.
b. The permit applicant was not the owner of the property at the time the violation was committed or
expire,
The work performed without a permit was commenced prior to March 1, 2002, or the permit which
expired was issued under the South Florida Building Code.
d c. 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.
e. d. If the property is owned by more than one person 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.
(3) 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.
(4) This subsection is not intended to waive any permit fees or charges assessed by the
departments of the state, the county or federal government.
issuance of a building permit, shall not be charged if all the following conditions are met:
cxpircd permit for which the property owncr has been cited by code enforcement or the building
department.
{2) The permit applicant was not the owner of the property at the time the violation was committed or
expire,
{3) The work performed without a permit was co enced prior to "arch-1, 2-0-0-2erthe-permit
which expired was issued under the South Florida Building Code.
{Al) The work for which the building permit is-rcq-ucctcd is for a„ improvement to a single-family or
had a valid homestead exemption for the past five years for that property.
{5) If the property is owned by more than one person each must qualify for the senior citizen
for the senior citizen exemption.
the amount of permit fees and charges exempted as part of the following fiscal year's budget.
(d) This section is not intended to waive any permit fees or charges assessed by the departments of
the state, Miami Dade County or federal government.
City of Miami Page 2 of 3 File Id: 08-00611 (Version: 11 Printed On: 5/9/2017
File Number: 08-00611 Enactment Number: 13009
*II
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}
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 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 3 of 3 File Id: 08-00611 (Version: 11 Printed On: 5/9/2017