HomeMy WebLinkAboutO-14062City of Miami
Ordinance 14062
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11439 Final Action Date: 4/28/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE 1/SECTION 10-5 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL/WAIVER AND
DEFERRAL OF FEES AND SENIOR CITIZENS WAIVER," TO PROVIDE FOR A
WAIVER OF CITY PERMIT FEES FOR LOW INCOME HOMEOWNERS FOR
REMODELING OR REPAIR ACTIVITIES ON HOMESTEADED PROPERTIES
UP TO $50,000.00 OF THE COST OF CONSTRUCTION WORK; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Ken Russell,
Commissioner Joe Carollo, Commissioner Manolo Reyes, Commissioner Christine
King
WHEREAS, the City of Miami ("City") is a vibrant community with a constant flow of new
residents, ongoing construction, and an everchanging real estate market; and
WHEREAS, some City residents, especially those who are low-income property owners
who earn below the area median income, may not be readily able to afford the costs related for
construction work; and
WHEREAS, building permit fees may cause an undue burden for these residents and
may result in not being able to construct or to come into compliance of previously unpermitted
work, if necessary; and
WHEREAS, in order to better serve these residents, a permit fee waiver for these
residents would provide a great financial assistance to them; and
WHEREAS, the creation of this waiver in fees in the best interest of the City, its
residents, and businesses;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the City Code of the City of Miami, Florida, as amended ("City
Code"), is further amended in the following particulars:1
"CHAPTER 10
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are not in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 1 of 3 File ID: 11439 (Revision:) Printed On: 6/12/2025
File ID: 11439 Enactment Number: 14062
BUILDING
ARTICLE I. IN GENERAL
Sec. 10-5. - Waiver and deferral of fees and senior citizens or low-income waivers.
(a) The fees required under this article may be waived by the city manager for entities and
agencies of the city.
(c) 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 more than one (1) person owns the property, is owned by more than one person
each person 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 pursuant to Section 196.075, Florida Statutes
(d) Notwithstanding Section 10-5(c), permit fees will be waived for those with a household
income below 80% of the area median income of Miami -Dade County as determined by
the United States Department of Housing and Urban Development ("HUD") annually,
upon providing proof of the same to the City, for work that improves the resilience of the
exterior shell, such as roofing, doors, windows, shutters, and structural repairs, on
Homesteaded properties for up to $50,000.00 of the cost of construction work.
(4e) Each development department of the City 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.
(ef) This subsection is not intended to waive any permit fees or charges assessed by the
departments or instrumentalities of the state, the county or federal government.
City of Miami Page 2 of 3 File ID: 11439 (Revision:) Printed on: 6/12/2025
File ID: 11439 Enactment Number: 14062
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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
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
3/15/2022
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 Page 3 of 3 File ID: 11439 (Revision:) Printed on: 6/12/2025