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AGENDA ITEM COVER PAGE
File ID: #4979
Ordinance
First Reading
Sponsored by: Wifredo Gort, Commissioner
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.
City of Miami File ID: 4979 (Revision: A) Printed On: 1/15/2019
G1Y OFA
Cit of Miami
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Ordinance
Enactment Number: 13806
File Number: 4979 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.
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 File ID: 4979 (Revision: A) Printed On: 1/15/2019
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; ae
(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
(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.
' 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
unchanaed material.
City of Miami File ID: 4979 (Revision: A) Printed On: 1/15/2019
(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
Chapter 2, Article X of the City Code; or debarment pursuant to the City 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.
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
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
City of Miami File ID: 4979 (Revision: A) Printed On: 1/15/2019
APPROVED AS TO FORM AND CORRECTNESS:
1 1
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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: 4979 (Revision: A) Printed On: 1/15/2019