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Home My WebLink AboutO-13809City of Miami 1 i.RR cl Legislation �a�lldl 1 l + try Ordinance: 13809 File Number: 4928 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 IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/VALET PARKING," MORE PARTICULARLY BY AMENDING SECTION 35-312 OF CITY CODE, TITLED "DEPARTMENT DENIAL, REVOCATION, OR SUSPENSION OF PERMIT; REMOVAL OF EQUIPMENT OR PERSONAL PROPERTY OF THE PERMITTEE/OPERATOR AND STORAGE FEES," TO PROVIDE FOR THE ESTABLISHMENT OF ADDITIONAL PENALTIES, UPON A FINDING OF GUILT BY THE CODE ENFORCEMENT BOARD, FOR FAILURE TO PROPERLY PAY AND/OR REPORT FEES FOR VALET PARKING OR OPERATIONAL FEES FOR PARKING FACILITY SURCHARGES OR FAILURE TO SUBMIT ACCURATE RECORDS AND/OR FAILURE TO ALLOW EXAMINATION OF RECORDS OR OTHERWISE FULLY COMPLY WITH THE REGULATIONS PURSUANT TO THE CITY OF MIAMI'S VALET PARKING ORDINANCE REQUIREMENTS, 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; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, in 2004, the City of Miami ("City") adopted a Valet Parking Ordinance which regulates the operation of all permanent valet parking stands within the City; and WHEREAS, Permittees/Operators of valet parking are now required to submit formal applications to be reviewed and approved by various City Departments; and WHEREAS, the City's valet parking program is administered by the Department of Off - Street Parking a/k/a the Miami Parking Authority ("MPA"); and WHEREAS, currently, Permittees/Operators are required to report and pay fees for operating a valet parking service; and WHEREAS, it is in the interests of the public health, safety, recreation, and general welfare of the residents of the City to establish treble payment of fees; denial, revocation, or suspension for up to two (2) years; and/or debarment of permittees/operators which fail to properly pay and/or report the appropriate fees regarding parking facility surcharges pursuant to the Code of the City of Miami, Florida, as amended ("City Code"); NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 3 File ID: 4928 (Revision: 8) Printed On: 1/15/2019 File ID: 4928 Enactment Number: 13809 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 35, Article IX of the City Code is amended to read as follows:I "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VALET PARKING Sec. 35-312. - Department denial, revocation, or suspension of permit; removal of equipment or personal property of the permittee/operator and storage fees. (a) The director may deny, revoke, or suspend a permit for any valet parking service authorized in the city if it is found that: (1) The permittee/operator has not maintained required insurance; (2) The director determines that the operation of a valet parking service, due to changing or changed conditions of pedestrian or vehicular traffic, cause congestion necessitating removal of valet parking service which endangers the health, safety or welfare of persons or property; unreasonably interferes with pedestrian or vehicular traffic; unreasonably interferes with the use of any pole, sign, fire hydrant, traffic signal or other object already permitted at or near the valet parking service area; or otherwise not in the public interest; or (3) The permittee/operator has failed to correct violations of this article or conditions of the permit within three days of the Director's notice of same being delivered in writing to the permittee at the address shown on the permit application; (4) If permittee/operator is found in violation of the same offense three times within a permit period; (5) The permittee/operator made any false statements or omission of material fact on the application, site plan or elsewhere in connection with securing a permit. (6) The permittee/operator failed to properly pay and/or report operational, administrative, rental fees, and/or parking facility surcharges pursuant to Sections 35-194. 35- 311. and 35-346 herein or anv other aoalicable section of this Code. (b) Stands, tables, chairs, umbrellas, key boxes and other objects necessary for the operation of the valet parking service may be removed by the department or city, and a reasonable fee charged for labor, transportation, and storage, should the permittee/operator fail to remove said items at the close of business on a daily basis. Under no circumstances shall the city, the department and the board of directors, and its officers and employees be deemed responsible or liable in any way for any damage or loss resulting from the removal of the permittee/operator equipment and other objects necessary for the operation of the valet parking service. Furthermore, the permittee/operator agrees and acknowledges by accepting a permit issued pursuant to this article that the city, the department and the board of directors are to be held harmless in connection with its actions under this section. 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 3 File ID: 4928 (Revision: B) Printed on: 1/15/2019 File ID: 4928 Enactment Number: 13809 (c) Upon a finding of a violation by the Director based on Subsection (a)(6) herein and a finding of guilt after a hearing by the Code Enforcement Board pursuant to Chapter 2, Article X of the City Code, the permittee/operator shall pay treble fees; shall have its permit, Certificate of Use, Temporary Certificate of Use, and/or Business Tax Receipt denied, revoked, or suspended for a period of two (2) years; be subject to any penalties applicable pursuant to Section 35-347 herein; and/or be subject to debarment pursuant to Section 18-107 of the City Code. (Gd) Upon denial or revocation, the Director shall give notice of such action to the applicant or the permittee/operator in writing stating the action which has been taken and the reason thereof. If the action of the director is based on subsection(s) (a)(1) or (2) of this section, the action shall be effective upon giving such notice to permittee. Otherwise, such notice application shall become effective within ten calendar days unless appeal to the city commission is made. *„ Section 2. 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 3. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i�t-ndez, Cify Attor iey 1/1412019 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: 4928 (Revision: B) Printed on: 1/15/2019