HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Second Reading
File ID: #11260
Date: 12/21/2021
Commission Meeting Date: 04/28/2022
Type: Ordinance
Subject: Amend Code - Chapter 13 -
Establish Method for Refund
Budget Impact Analysis
Item is NOT funded by Bonds
Legislative Division Shaidah Dorvil
Office of the City Attorney Shaidah Dorvil
Office of the City Attorney Victoria Mendez
City Commission Todd B. Hannon
Office of Zoning Daniel Goldberg
Office of Management and Budget Fred Pericles
Office of Management and Budget Marie Gouin
City Manager's Office Nzeribe Ihekwaba
City Manager's Office Arthur Noriega V
Legislative Division Valentin J Alvarez
Office of the City Attorney Jihan Soliman
Office of the City Attorney Barnaby L. Min
Office of the City Attorney Victoria Mendez
City Commission Todd B. Hannon
Legislative Division Valentin J Alvarez
Office of the City Attorney Jihan Soliman
Office of the City Attorney Victoria Mendez
City Commission Maricarmen Lopez
Office of the Mayor Mayor's Office
Office of the City Clerk City Clerk's Office
Office of the City Clerk City Clerk's Office
Requesting Department: Office of Zoning
Sponsored By:
District Impacted: All
Reviewed B
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Deputy Attorney Review
Approved Form and Correctness
Meeting
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Unsigned by the Mayor
Signed and Attested by the City
Rendered
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Skipped
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Clerk Completed
Completed
01/04/2022 3:36 PM
01/04/2022 3:36 PM
04/19/2022 8:52 PM
01/13/2022 9:00 AM
03/07/2022 2:42 PM
03/08/2022 10:06 AM
03/08/2022 10:15 AM
03/10/2022 10:21 AM
03/10/2022 11:33 AM
03/10/2022 2:51 PM
03/10/2022 6:51 PM
03/14/2022 8:12 AM
03/15/2022 9:49 AM
03/24/2022 9:00 AM
04/19/2022 9:00 AM
04/19/2022 8:44 PM
04/19/2022 8:45 PM
04/28/2022 9:00 AM
05/06/2022 3:08 PM
05/06/2022 3:14 PM
05/09/2022 4:45 PM
City of Miami File ID: 11260 (Revision: A) Printed On: 6/12/2025
City of Miami
Legislation
Ordinance
Enactment Number:14061
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11260 Final Action Date: 4/28/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 13, ARTICLE I, TITLED "DEVELOPMENT IMPACT AND
OTHER RELATED FEES/IN GENERAL," OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), SPECIFICALLY BY
AMENDING SECTION 13-16(D), TITLED "PETITIONS FOR REFUND OF
IMPACT FEES," TO PROVIDE FOR REFUNDS UNDER LIMITED
CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is experiencing increased growth and development
which generates demands for additional public facility capacity and capital equipment to
accommodate this additional demand; and
WHEREAS, impact fees are one mechanism the City may use to help shift the cost of
providing additional capital facility capacity and capital equipment needed to accommodate the
demands generated by new development; and
WHEREAS, the City Commission has determined that it is advisable and in the public
interest to establish a refund policy for impact fees under the circumstances provided herein;
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 by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 13, Article I of the City Code entitled "Development Impact and other
Related Fees," is amended in the following particulars:1
"CHAPTER 13
DEVELOPMENT IMPACT AND OTHER RELATED FEES
ARTICLE I. IN GENERAL
Sec. 13-16. Administrative procedures for petitions for impact fee determinations and affordable
housing and workflow housing deferrals, refunds and credits.
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 Miami
File ID: 11260 (Revision: A) Printed On: 6/12/2025
(d) Petitions for refund of impact fees.
(1) The current owner of property on which an impact fee has been paid may apply
for a refund of such fee if the city has failed to appropriate or spend the collected
fees by the end of the calendar quarter immediately following six years of the date of
payment of the impact fee, if the building permit for which the impact fee has been
paid has lapsed for noncommencement of construction, if the project for which a
building permit has been issued has been altered resulting in a decrease in the
amount of the impact fee due, or if the project has been approved for the affordable
housing and workforce housing deferral program.
(2) Only the current owner of property may petition for a refund. A petition for refund
must be filed within 90 days of any of the above -specified events giving rise to the
right to claim a refund. Failure to timely file a petition for refund shall waive any right
to an impact fee refund.
(3) The petition for refund shall be submitted to the City Manager's designee on a
form provided by the city for such purpose. The petition shall contain a notarized
affidavit that petitioner is the current owner of the property, a certified copy of the
latest tax records of Miami -Dade County showing the owner of the subject property,
a copy of the dated receipt for payment of the impact fee issued by the City's building
department and a statement of the basis upon which the refund is sought.
(4) If a building permit applicant has paid impact fees and withdraws the building
permit application, then the actual payor may petition for a refund within ninety (90)
days of the withdrawal of the building permit application that caused the impact fee to
be due, if and only if the building permit has not been approved and issued. Failure
to timely file a petition for refund shall waive any right to an impact fee refund. The
petition for refund shall be submitted to the City Manager's designee on a form
provided by the City for such purpose. The petition shall contain (i) a notarized
affidavit that the petitioner is the actual and only payor of the impact fees for the
withdrawn building permit application; (ii) a copy of the dated receipt for payment of
the impact fee issued by the City's Building Department; and (iii) a statement of the
basis upon which the refund is sought. The City Manager's designee shall have
authority to request additional documents necessary to confirm the petitioner is the
actual and only payor of the impact fees subject to refund and confirm that no impact
requiring impact fees has occurred.
(45) Any money refunded pursuant to this subsection shall be returned with interest
at a rate of three percent per annum.
*„
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
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 Miami File ID: 11260 (Revision: A) Printed On: 6/12/2025
APPROVED AS TO FORM AND CORRECTNESS:
ndez,
_ndez,
City
Attor
4/19/2022
4/19/2022
ndez, ity Attor
City of Miami File ID: 11260 (Revision: A) Printed On: 6/12/2025