HomeMy WebLinkAboutSubmittal-Melissa Tapanes 2CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Kira Grossman, Esq., Esquire
FROM: Brian A. Dombrowski, Assistant City Attorney
DATE: December 16, 2013
RE: Design District Trust Fund rigl ts
Matter ID No.: 13-2715
You have asked for a legal opinion on tlfr foliowing:
In the event a proposed amendment to the ordinance is presented, can the City impose
a moratorium on accepting funds until the amendment is fully passed?
2. Given the fact that the existing ordinance does not spell out the manner in which to
accept the funds, what are the acceptable options available?
BRIEF ANSWERS
1. Because the rate for parking waivers within the Design District is set by ordinance,
any change to the rate would need to be by an ordinance amendment. A resolution
would be insufficient to place a moratorium on accepting funds.
2. When a property owner is required to pay a fee in lieu of providing required parking
(a parking waiver), the funds should be deposited in the Design District Parking
Improvement Trust Fund, as established by See 35-225 of the City Code.
ANALYSIS
1. WhetherWhcther thc City may impose a moratorium on accepting funds until the
amendment to the ordinance is passed?
The parking waiver rate is established by the City Code in Section 35-227, entitled Same
- Schedule of fees and charges. Because the rate is set by ordinance, any change in the rate must
be accomplished by an amendment of the ordinance. A resolution to enact a moratorium on
acceptance of payment until the ordinance is amended would be insufficient. "it is elementary
that an ordinance cannot be amended by a resolution." City of Miami v. Bus Benches Co., 174
So. 2d 49, 51 (Fla. 3d DCA 1965),
A moratorium may be placed on accepting payment, but must be accomplished by an
ordinance, Moratoria have been placed on accepting building permits where the City wishes to
prohibit development (see City of Sanibel v. Buntrock, 409 So. 2d 1073 (Fla. 2d DCA 1981))
and where the City is rewriting the 'zoning ordinances (see City of Gainesville v. GNV
Investments, Inc., 413 So. 2d 770 (Fla. 1st DCA 1982). In both of these cases, thynoratorium
was established by ordinance.
Doe. No.: 420916
- 0/0..2 / -
Submitted into the public
record in connection with
item FR.1 on 02/13/14
Todd B. Hannon
The City may enact an ordinance similar to a "Zoning in Progress" moratorium, as it did
when it amended Ordinance i11000. This moratorium would require a finite time for the
moratorium to allow the City to amend the Fee Schedule for the Design District parking waiver
rate, Any ordinance enacting a moratorium on accepting payment until the fee schedule can bc
amended would require proper notice. In GNV Investments, the City of Gainesville's
moratorium was invalid and ineffective because the City of Gainesville failed to properly notice
the public regarding the ordinance amendment. GNV Investments, 413 So. 2d 770 at 771.
Likewise, in Butrock, the Court held "if an ordinance substantially affects land use, it must be
enacted under the procedures which govern zoning and rezoning." Butrock, 409 So, 2d 1073 at
1075.
A moratorium may be placed, but it must be done by ordinance, which must follow the
notice provisions.
2. What are the acceptable methods of accepting payment for the parking waivers
Within the Design District?
Section 35-225 establishes the Design District Parking Improvement Trust Fund, to be
maintained and administered by the Department of Off Street Parking, into which funds shall be
deposited pursuant to Section 35-227. Section 35-227 establishes the rate to be paid for thc
parking waivers. All deposits shall be made into the Design District Parking Improvement Trust
Fund.
The City Code is silent on the acceptable method of payment for businesses required to
purchase parking waivers both the Design District and Coconut Grove. The current method
employed by the Coconut Grove Business Improvement District for acceptance of parking
waiver fees is by cheek or money order. The Coconut Grove BID is currently only equipped to
accept payment by this method. The Code does not limit the acceptable payment methods, and I
am unable to find any restrictions. Based on the research, any method of payment would be
acceptable so long as the means to accept the payment are available, and the funds are deposited
in the Design District Parking Improvement Trust Fund.
Once payment is accepted, a parking waiver certificate shall be issued and recorded, at
the owner's expense,
Doc, No.: 420916
Submitted into the public
record in connection with
item FR.1 on 02/13/14
Todd B. Hannon