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Home My WebLink AboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00077 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING FACILITIES SURCHARGE," MORE PARTICULARLY BY AMENDING SECTIONS 35-346 AND 347 TO CLARIFY EXISTING LANGUAGE RELATING TO THE COLLECTION OF PARKING FACILITIES SURCHARGE AND PENALTIES AND ADDING A PROVISION FOR REPEAT OPERATOR VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is authorized by Florida Statute 166.271 to collect a per vehicle surcharge for the sale, lease, or rental of space at parking facilities within the City; and WHEREAS, the City is authorized to promote, protect, and improve the health, safety, and welfare of its citizens; and WHEREAS, the current §35-346 is unclear in its current form and requires clarification on the collection of the parking facility surcharge; and WHEREAS, the current §35-347 does not contain a provision for repeat offenders and it is in the best interst of the City to amend §35-347 to include such a provision; and WHEREAS, the City wishes to ensure its current collection of the parking surcharge complies with the requirements of Florida Statute 166.271; 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 35/Article IX of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1} "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC City of Miami Page 1 of 4 File Id: 11-00077 (Version: 1) Printed On: 2/11/2011 File Number: 11-00077 ARTICLE IX. PARKING FACILITIES SURCHARGE Sec. 35-346. Collection of the parking facilities surcharge. (a) Surcharge amounts due pursuant to this article 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 local business tax receipt 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) to the manager the funds collected pursuant to this surcharge, net of refunds, for the preceding The operator of every parking facility shall remit funds collected pursuant to this surcharge, net of refunds, for the preceding calendar month; payments must be received by the City of Miami by the 20th day of each 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. * Sec. 35-347. 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 local business tax receipt 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 subject to an administrative fine in the amount of $500.00; and/or (iv) Be required to comply with stricter reporting requirements. (b) The operator of a parking facility who: (1) Has outstanding surcharge payments for three (3) months; or City of Miami Page 2 of 4 File Id: 11-00077 (Version: 1) Printed On: 2/11/2011 File Number: 11-00077 (2) Has outstanding penalty and interest payments for three (3) months; or (3) Fails to maintain complete and accurate records as stipulated by the ordinance; or (4) Fails to comply after receiving two (2) 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." (iii)The operator of the parking facility may be required to install parking revenue control equipment in said facility, as approved by the City manager. (iv)The operator of the parking facility may be required to cease operation for a period of thirty (30) days. (c) Repeat operator violations: The operator of the parking facility who: 1) Has been found to have underreported parking revenue or parking surcharge amounts: or (2) Has been found to not maintain complete and accurate records as stipulated by the ordinance: or (3) Has been assessed an administrative fine more than once; or (4) Has been found violating any part of Section 35-347 of the Surcharge Ordinance more than once shall be subject to: (i) The operator shall continue to be subject to all remedies noted in (a)(6) of Section 35-347. (ii) The operator of the parking facility may be required to cease operation for a period of thirty (30) days. (iii) The operator of the parking facility may be required to install parking revenue control equipment which will monitor and count the number of vehicles admitted to and leaving from a parking facility. This equipment shall be approved by the City Manager. This type of equipment shall have entrance and exit counters that count every vehicle that enters and exits a parking facility and shall include non-resettable, continuous counters. The equipment shall be used and effective during operating hours. (d) Further, the city is authorized to seek injunctive or other equitable relief to enforce compliance with this article. *II Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} City of Miami Page 3 of 4 File Id: 11-00077 (Version: 11 Printed On: 2/11/2011 File Number: 11-00077 APPROVED AS TO FORM AND CORRECTNESS,' JULIE O. BRU CITY ATTORNEY 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 indicateomitted 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: 11-00077 (Version: I) Printed On: 2/11/2011