HomeMy WebLinkAboutLegislation FR (v2) 01-14-16File 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 EXTREMELY LOW INCOME AFFORDABLE
HOUSING TO DEFER BUILDING PERMIT FEES; 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, the City Commission wishes to incentivize the creation of Extremely Low Income
("ELI") affordable housing units for those individuals whose income does not exceed 30% of the area's
median income; and
WHEREAS, allowing the deferral of building permit fees for ELI affordable housing units will
incentivize the construction of the same by lowering the barrier of entry for those building ELI
affordable 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.
Lb
The City Manager is authorized, and shall, upon a properly submitted application, defer those fees
required pursuant to this Article, except for those surcharges listed in Sections 10-4(b)(2) of the
City Code, as amended, for extremely low income affordable housing, as defined annually by
City of Mand Page 1 of 3 File Id: 15-01413 OlersiorT.: 2) Printed On: 1212212015
City ®f Miami
City Hall
3500 Pan American
Drive
Legislation
Miami, FL 33133
www.miamigov.com
=x
Ordinance
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 EXTREMELY LOW INCOME AFFORDABLE
HOUSING TO DEFER BUILDING PERMIT FEES; 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, the City Commission wishes to incentivize the creation of Extremely Low Income
("ELI") affordable housing units for those individuals whose income does not exceed 30% of the area's
median income; and
WHEREAS, allowing the deferral of building permit fees for ELI affordable housing units will
incentivize the construction of the same by lowering the barrier of entry for those building ELI
affordable 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.
Lb
The City Manager is authorized, and shall, upon a properly submitted application, defer those fees
required pursuant to this Article, except for those surcharges listed in Sections 10-4(b)(2) of the
City Code, as amended, for extremely low income affordable housing, as defined annually by
City of Mand Page 1 of 3 File Id: 15-01413 OlersiorT.: 2) Printed On: 1212212015
File Number. 15-01413
the United States Department of Housing and Urban Development and as determined by the
Department of Community and Economic Development. Applicants for such deferrals shall
utilize the same petition process and covenant requirement as the affordable and workforce
housing impact fee deferral program described in Sections 13-8 and 13-16 of the City Code, as
amended. For projects that do not exclusively contain extremely low income housing units,
deferral of fees shall be on a pro -rata basis utilizing the percentage of extremely low income
housing units as compared to the number of total residential units. In no event shall this
deferral program exceed two -hundred fifty thousand dollars ($250,000.00) in total deferred fees
each fiscal year. Any individual application for deferral that would exceed said Limitation shall be
denied only as to the portion thereof that would exceed said limitation.
(dc) 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.
Section 2. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
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 immediately upon its adoption and signature of
City of Miami Page 2 of 3 File Id: 15-01413 (Ye^sion: 2) Printed 0»: 12122/2015
File Number: 15-01413
the Mayor.{2}
APPROVED AS TO FORM
DRIA Y1 E— NDEZ
ATTORNEY
Footnotes:
CORRECTNESS;
{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) 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 (Yersiorz: 2) Printed Oyu 1212212015