HomeMy WebLinkAboutLegislation FRCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01413
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED"BUILDINGS/IN GENERAL," MORE PARTICULARLY BY AMENDING
SECTION 10-5, TO PROVIDE FOR THE DEFERRAL OF BUILDING PERMIT FEES
FOR AFFORDABLE AND WORKFORCE HOUSING; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 10 of the Code of the City of Miami, as amended ("City Code"), allows for
waiver of particular building permit fees in certain limited circumstances; and
WHEREAS, in addition to affordable housing, the City Commission wishes to incentivize the
creation of workforce housing for those individuals whose income is between 80% and 140% of the
area's median income; and
WHEREAS, by allowing affordable and workforce housing units to defer building permit fees, it will
incentivize the creation of same by lowering the barrier of entry for new affordable and workforce
housing units;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the City Code is amended in the following particulars;{1}
"CHAPTER 10
BUILDINGS
ARTICLE I. - IN GENERAL
Sec. 10-5. - Waiver and deferral of fees and senior citizens waiver.
(a) The fees required under this article may be waived by the city manager for entities and agencies of
the city.
(b) The fees required pursuant to this Article, except for those surcharges required by the State of
Florida or Miami -Dade County, as listed in Section 10-4(b)(2)(a) and (b) of the City Code may
be deferred by the City Manager for affordable housing or workforce housing, as defined in
Section 13-5 of the City Code utilizing the same petition process and covenant requirement as
the affordable and workforce housing impact fee deferral program described in Sections 13-8
City of Miami
Page I of 3 File Id: 15-01413 (Version: I) Printed On: 11/4/2015
File Number: 15-01413
and 13-16 of the City Code.
(kg) Notwithstanding any provisions of this Code or the Florida Building 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 for senior citizens:
(1) 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 any
section of the building department.
(2) The work performed without a permit commenced prior to March 1, 2002 (Florida Building
Code entered in effect March 1, 2002), or the permit which expired was issued under
the South Florida Building Code.
(3) 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 who is a senior citizen and who has had a valid homestead exemption for the
past five years for that property.
(4) 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.
(ed) 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.
(de) This subsection is not intended to waive any permit fees or charges assessed by the
departments of the state, the county or federal government.
*II
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 immediately upon its adoption and signature of
the Mayor.{2}
APP'OVED AS TO FORM AND CORRECTNESS:
VICORIA ME DEZ
CI ATTORNEY ATTORNEY
City of Miami
Page 2 of 3 File Id: 15-01413 (Version: 1) Printed On: 11/4/2015
File Number: 15-01413
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
(10) calendar 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: 15-01413 (Version: 1) Printed On: 11/4/2015