HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
First Reading
File ID: #12489
Date: 08/26/2022
Commission Meeting Date: 01/12/2023
Type: Ordinance
Subject: Amend Code - Chapter 10 -
Temporary Certificates of Occupancy
Requesting Department: Department of
Building
Sponsored By:
District Impacted: All
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
to "reset" after the third instance.
Budget Impact Analysis
Item is NOT funded by Bonds
Item is Related to Revenue
City Commission
City Manager's Office
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Nicole Ewan
Asael Marrero
Fred Pericles
Marie Gouin
Nzeribe Ihekwaba
Arthur Noriega V
Valentin J Alvarez
Patricia Arias
Victoria Mendez
Nicole Ewan
Reviewed B
Meeting
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
09/22/2022 9:00 AM
11/08/2022 10:29 AM
11/09/2022 12:34 PM
11/09/2022 4:59 PM
11/09/2022 5:19 PM
11/09/2022 5:20 PM
11/10/2022 10:51 AM
11/10/2022 3:24 PM
12/05/2022 8:53 AM
01/12/2023 9:00 AM
City of Miami File ID: 12489 (Revision:) Printed On: 6/24/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12489 Final 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,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN
GENERAL," PROVIDING FOR AN ADJUSTMENT OF TEMPORARY
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
("TCO") in order to assist with large scale development as well as to be a catalyst for the City's
Affordable Housing Master Plan; and
WHEREAS, due to the Novel Coronavirus ("COVID-19") Pandemic and the subsequent
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
Miami, Florida, as amended ("City Code"), at the third request for extension of a TCO, the TCO
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.
Section 2. Chapter 10 of the City Code is amended in the following particulars:1
"CHAPTER 10"
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 Miami File ID: 12489 (Revision:) Printed On: 6/24/2025
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 Cvc/e. May request an extension of up to 270 days i
90 day incremcnt:). 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: 6/24/2025
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 55-1 of
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 final time 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
Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 12/5/2022
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 File ID: 12489 (Revision:) Printed On: 6/24/2025