HomeMy WebLinkAboutO-13601VoF, City of Miami
W
F ..
*
15611is,F 1:A111 *'Ir Legislation
i 0 R �O
Ordinance: 13601
File Number: 16-00217
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/28/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
13/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL"
BYAMENDING SECTION 13-16 ENTITLED "ADMINISTRATIVE PROCEDURES
FOR PETITIONS FOR IMPACT FEE DETERMINATIONS AND AFFORDABLE
HOUSING AND WORKFORCE HOUSING DEFERRALS, REFUNDS AND CREDITS"
TO SUBSTITUTE REFERENCES TO THE "CHIEF OF OPERATIONS" WITH "CITY
MANAGER'S DESIGNEE"; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Section 13-16 of the Code of the City of Miami, Florida, as amended ("City Code"),
refers to the Chief of Operations as the City Manager's designee for purposes of actions on petitions
for impact fee deferrals, refunds, and credits; and
WHEREAS, the City Administration wishes to clarify that the City Manager shall have the power to
designate an employee to act on the City Manager's behalf for purposes of impact fee deferrals,
refunds, and credits;
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 City Code, entitled "Development Impact and Other Related
Fees/Article I" is amended in the following particulars:{1}
"CHAPTER 13
DEVELOPMENT IMPACT AND OTHER RELATED FEES
ARTICLE I. IN GENERAL
Section 13-16. - Administrative Procedures for Petitions for Impact Fee Determinations and Affordable
Housing and Workforce Housing Deferrals, Refunds, and Credits.
(a) Petition process.
City of Miand Page 1 of 3 File Id. 16-00217 (Version: 1) Printed On: 5/2/2018
File Number: 16-00217
Enactment Number: 13601
(2) All petitions shall be submitted to the city manager's chief of operati„n5designee for
processing and preparation of a staff report and recommendations on the petition, and the
final determination on the petition shall be issued by the city manager. The Ghief of
eperatiep,sCity Manager's designee is authorized to request analysis of the petition request by
any and all appropriate city departments and staff in order to provide a complete and detailed
review of and recommendations on the petition request to the city manager. The staff report
and recommendations shall be forwarded to the city manager no later than sixt 60� days
after filing of a complete petition. The city manager shall, no later than ninety 90� days of
filing of the complete petition issue a written determination on the petition, with the reasoning
for the determination based upon the petition data, the provisions of this article and applicable
laws, and, if needed, direct the appropriate city staff to take the actions necessary to
implement the determination.
(3) Upon written agreement by the Ghief of eperati„n5City Manager's designee and the
petitioner the time limits in this section may be waived for any reason, including, but not limited
to, the submittal of additional data and supporting statements by the petitioner. The Ghief of
eperatiep,sCity Manager's designee is authorized to determine whether a petition is complete
and whether additional dta or supporting statements by appropriate professionals are needed.
If the chief of eperati„n5City Manager's designee determines that the petition is not complete,
a written statement detailing the insufficiencies of the petition shall be provided to the
petitioner within thirty 301 days of initial filing of the petition. The date of such written
determination of insufficiency shall toll the time limits established in the section until submittal
of a complete petition. Any insufficiency not corrected during such time will cause the petition
to not be considered, and it will be returned without the necessity of further action.
(d) Petitions for refund of impact fees.
(3) The petition for refund shall be submitted to the chief of eperatiencCity Manager's
designee on a form provided by the city for such purpose. The petition shall contain a notarize
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.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of the 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
the Mayor.{2}
City of Miand Page 2 of 3 File Id. 16-00217 (Version: 1) Printed On: 5/2/2018
File Number: 16-00217
Footnotes:
Enactment Number: 13601
{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. 16-00217 (Version: 1) Panted On: 5/2/2018