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Home My WebLink AboutAgenda Item Summary Form AGENDA ITEM SUMMARY FORM First Reading File ID:#12489 Date:08/26/2022Requesting Department:Department of Building Commission Meeting Date: 01/12/2023Sponsored By: Type:OrdinanceDistrict Impacted:All Subject:Amend Code -Chapter 10 - Temporary Certificates of Occupancy PURPOSE OF ITEM: To amend the code and reset the extension timeline for Temporary Certificates of Occupancies (TCO) after the third TCO extension. BACKGROUND INFORMATION: This amendment to the code was originally drafted in December of 2020 to assist in large scale development. Due to the pandemic and continued delays which is affecting the construction industry as a whole, it is recommended to allow for TCO fee extensions Budget Impact Analysis Item is NOT funded by Bonds Item is Related to Revenue Reviewed By City CommissionNicole EwanMeetingCompleted09/22/2022 9:00 AM Asael MarreroDepartment Head ReviewCompleted11/08/2022 10:29 AM Office of Management and BudgetFred PericlesBudget Analyst ReviewCompleted11/09/2022 12:34 PM Office of Management and BudgetMarie GouinBudget ReviewCompleted11/09/2022 4:59 PM Nzeribe IhekwabaAssistant City Manager ReviewCompleted11/09/2022 5:19 PM Arthur Noriega VCity Manager ReviewCompleted11/09/2022 5:20 PM Legislative DivisionValentin J AlvarezLegislative Division ReviewCompleted11/10/2022 10:51 AM Office of the City AttorneyPatricia AriasACA ReviewCompleted11/10/2022 3:24 PM Office of the City AttorneyVictoria MéndezApproved Form and CorrectnessCompleted12/05/2022 8:53 AM City CommissionNicole EwanMeetingCompleted01/12/2023 9:00 AM City of MiamiFile ID: 12489 (Revision: ) Printed On: 9/11/2024 City Hall City of Miami 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Ordinance Enactment Number File Number: 12489Final Action Date: 1/12/2023 AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, OCCUPANCY EXTENSION FEES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 2020, Ordinance 13951 was passed by the City Commission creating staggered fees for the issuance of Temporary Certificates of Occupancy Affordable Housing Master Plan; and - supply chain shortages, projects are taking longer to complete which creates more expenses for those developing; and WHEREAS, there are a multitude of other income restrictive housing and commercial projects providing avenues for those of lesser income; and WHEREAS, currently, pursuant to Section 10-4(b)(3)(i)(3)(c) of the Code of the City of holder must pay fifty percent (50%) of the permit fee in order to obtain additional TCO time; and WHEREAS, the City Code does not provide direction after that third request and WHEREAS, it is believed to be in the best interest of our community and community stakeholders that the after the fifty percent (50%) permit fee is assessed for the third TCO extension, that the fee schedule restart so as not to financially over burden the affected projects; 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. 1 Section 2. Chapter 10 of the City Code is amended in the following particulars: BUILDINGS 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. City of MiamiFile ID: 12489 (Revision: ) Printed On: 9/11/2024 ARTICLE I. IN-GENERAL * * * Sec. 10-4. Building permit fee scheduled. * * * (b) General fee information. * * * (3) Miscellaneous Permits and Inspections Fees * * * i. Certificate of occupancy (C.O.) and certificate of compliance (C.C.). In accordance with the requirements of the Florida Building Code. 1. Residential (single family/duplex, triplex or multifamily condominium): $105.00 per unit. 2. Commercial (including multifamily rentals): $0.10 per square feet of space with a minimum of $250.00 for a C.O. and $150.00 for a C.C. 3. Extensions of T.C.O. or T.C.C.: The T.C.O. or T.C.C. extension can be requested through the building official or designee. Any All extensions shall be charged as follows and considered a cycle: A. First Request in Cycle. May request an extension of up to 270 days in 90-day increments. The cost per square foot shall increase by $0.10 per 90 days for commercial properties or $105.00 per 90 days for residential properties; B. Second Request in Cycle. May request an extension of up to 270 days in 90-day increments. The cost per square foot shall increase by $0.10 per 90 days for commercial properties or $105.00 per 90 days for residential properties; C. Third Request in Cycle. May request an extension of up to 270 days in 90-day increments. The cost shall be charged at a rate equal to 50 percent of the building/trade permit line. D. Additional Extension Requests: If additional extensions are required after a third request in a cylce, then such extension request shall commence a new cycle and the charges re-commence as set forth in subsection 10-4(b)(3)(i)(3)(A) and so forth. D. E. Exemption. Income restricted units certified by the city with a recorded covenant may be exempted from the additional permit fee charged beyond the second time pursuant to this section by the city manager or designee based upon a showing that all permits are currently active and/or no prior permit and/or code violations have occurred at the project site. The exemption shall only be allowed for the applicable income restricted units. City of Miami File ID: 12489 (Revision: ) Printed On: 9/11/2024 I.Should an exemption to the fee be granted, it may be renewed for the extension times as provided for in subsection 10-4(3)(i). II.The exemption from the additional fee charged beyond the second time is retroactive to any active permit for a qualifying income restricted unit. 4. For projects qualifying as a phased project as defined in section 55-1of the City Code, the T.C.O. may be issued as follows and considered a cycle: A. T.C.O. may be issued for an initial period of 365 days at the original rate charged; B. T.C.O. may be extended for an additional 365 days at the same original rate charged; C. T.C.O. may be extended a second time for an additional 180 days at double the original rate charged; and D. T.C.O. may be extended a third and finaltime for an additional 180 days at a rate equal to 50 percent of the building/trade permit line. If additional extensions are required, then such extension requests shall commence as a new cycle and the charges re-commence as set forth in subsection 10-4(b)(3)(i)(4)(A) and so forth. ** Section 3. 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 4. This Ordinance shall become effective immediately upon adoption by the City 2 Commission. APPROVED AS TO FORM AND CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 MiamiFile ID: 12489 (Revision: ) Printed On: 9/11/2024