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Home My WebLink AboutO-13806City of Miami op Legislation alldl 11 li.RR cl + try Ordinance: 13806 File Number: 4979 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/15/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKING FACILITIES SURCHARGE," MORE PARTICULARLY BY AMENDING SECTION 35-347 OF THE CITY CODE, TITLED "FAILURE TO COMPLY; PENALTIES," TO PROVIDE FOR THE ESTABLISHMENT OF ADDITIONAL PENALTIES FOR FAILURE TO PROPERLY COLLECT OR REMIT THE SURCHARGE, FOR FAILURE TO MAINTAIN OR SUBMIT ACCURATE RECORDS, FOR FAILURE TO ALLOW EXAMINATION OF RECORDS, OR FOR FAILURE TO FULLY COMPLY WITH THE REGULATIONS PURSUANT TO THE CITY OF MIAMI'S PARKING FACILITIES SURCHARGE ORDINANCE, INCLUDING TREBLE PAYMENT OF FEES; DENIAL, REVOCATION, OR SUSPENSION OF THE PERMIT, CERTIFICATE OF USE, TEMPORARY CERTIFICATE OF USE, AND/OR BUSINESS TAX RECEIPT FOR UP TO TWO (2) YEARS; AND/OR DEBARMENT PURSUANT TO THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Wifredo (Willy) Gort WHEREAS, Chapter 35, Article X of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Parking Facilities Surcharge," imposes a surcharge on the sale, lease, and rental of spaces at parking facilities located in the City of Miami ("City") pursuant to Section 166.271, Florida Statutes; and WHEREAS, there are parking lots throughout the City that fail to comply with Chapter 35, Article X of the City Code by failing to collect or remit the parking surcharge, to maintain or submit accurate records, and/or to allow examination of records; and WHEREAS, Chapter 35, Article X, Section 35-347, titled "Failure to Comply; Penalties," provides for penalties for non-compliance of the City's parking surcharge ordinance; and WHEREAS, additional penalties are needed, including treble fees; denial, revocation, or suspension of a parking facility's permit, certificate of use, and/or business tax receipt for a time period not to exceed two (2) years after a hearing before the Code Enforcement Board pursuant to Chapter 2, Article X of the City Code; or debarment pursuant to the City Code; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the City Code for the purposes stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and finding contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. City of Miami Page 1 of 4 File ID: 4979 (Revision: A) Printed On: 1/15/2019 File ID: 4979 Enactment Number: 13806 Section 2. Chapter 35, Article IX, of the Code of the City of Miami, Florida, as amended, is amended to read as follows:' "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE X. PARKING FACILITIES SURCHARGE Sec. 35-347. - Failure to comply; penalties. (a) The operator of a parking facility who: (1) Fails, neglects or refuses to collect the surcharge; (2) Fails, neglects or refuses to remit the surcharge; (3) Fails, neglects or refuses to keep accurate records; (4) Submits any incomplete, false or fraudulent return; (5) Refuses to permit the manager to examine books, records and papers relating to the surcharge; or (6) Fails to fully comply with any or all rules or regulations promulgated by the manager pursuant to the authority contained herein, or to keep complete and proper records as required, shall be subject to the following penalties for each offense: (i) Have his or her local business tax receipt revoked; ae (ii) Have a lien placed upon the parking facility for the sums owed plus interest pursuant to law; ager (iii) Be subject to an administrative fine in the amount of $500.00; apd�e (iv) Be required to comply with stricter reporting requirements-; and/or (v) In addition to any other penalties provided in this Section, upon the finding of a violation based on this Section, the operator shall pay treble fees; be subject to denial, revocation, or suspension of its permit, Certificate of Use, Temporary Certificate of Use, and/or Business Tax Receipt for a time period not to exceed two (2) years after a hearing before the Code Enforcement Board pursuant to Chapter 2, Article X of the City Code; and/or debarment pursuant to Section 18- 107 of the City Code. (b) The operator of a parking facility who: (1) Has outstanding surcharge payments for three months; (2) Has outstanding penalty and interest payments for three months; (3) Fails to maintain complete and accurate records as stipulated by the ordinance; (4) Fails to comply after receiving two notifications regarding compliance with the ordinance; or ' 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 Page 2 of 4 File ID: 4979 (Revision: A) Printed on: 1/15/2019 File ID: 4979 Enactment Number: 13806 (5) Fails to comply with an audit request after the manager has reasonably attempted to schedule such audit shall be subject to additional reporting requirements including: (i) The operator of the parking facility will be required to register parking slips, receipts, chits, tickets or the like with the manager. (ii) The operator of the parking facility will be required to complete and submit a "Parking Surcharge Recap Monthly Report." (iii) The operator of the parking facility may be required to install parking revenue control equipment in said facility, as approved by the city manager or city commission. (iv) The operator of the parking facility may be required to cease operation for a period of 30 days. (v) In addition to any other penalties provided in this Section, upon the finding of a violation based on this Section, the operator shall pay treble fees; be subject to denial, revocation, or suspension of its permit, Certificate of Use, Temporary Certificate of Use, and/or Business Tax Receipt for a time period not to exceed two (2) years after a hearing before the Code Enforcement Board pursuant to Chanter 2. Article X of the Citv Code: or debarment pursuant to the Citv Code. (c) Repeat operator violations. The operator of the parking facility who: (1) Has been found to have underreported parking revenue or parking surcharge amounts; (2) Has been found to not maintain complete and accurate records as stipulated by the ordinance; (3) Has been assessed an administrative fine more than once; or (4) Has been found violating any part of this section more than once shall be subject to: (i) The operator shall continue to be subject to all remedies noted in subsection (a)(6). (ii) The operator of the parking facility shall be required to cease operation for a period of 30 days. (iii) The operator of the parking facility shall be required to install parking revenue control equipment which will monitor and count the number of vehicles admitted to and leaving from a parking facility. This equipment shall be approved by the city manager or city commission. This type of equipment shall have entrance and exit counters that count every vehicle that enters and exits a parking facility and shall include non-resettable, continuous counters. The equipment shall be used and effective during operating hours. (d) Further, the city is authorized to seek injunctive or other equitable relief to enforce compliance with this article. *„ Section 3. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. City of Miami Page 3 of 4 File ID: 4979 (Revision: A) Printed on: 1/15/2019 File ID: 4979 Enactment Number: 13806 Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ryt6ri ndez, ity ttor iey 1 011612018 ria ndez, ity ttor ey 11/512018 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 4 of 4 File ID: 4979 (Revision: A) Printed on: 111512019