Miami-Dade Legislative Item
File Number: 043186
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File Number: 043186 File Type: Ordinance Status: Adopted
Version: 0 Reference: 05-31 Control: County Commission
File Name: ORDINANCE PERTAINING TO IMPACT FEES Introduced: 11/12/2004
Requester: NONE Cost: Final Action: 2/1/2005
Agenda Date: 2/1/2005 Agenda Item Number: 6C
Notes: Title: ORDINANCE PERTAINING TO IMPACT FEES; AMENDING SECTION 8-11 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE FOR DETERMINATION OF IMPACT FEES AS OF THE DATE OF COMMENCEMENT OF CONSTRUCTION OF CERTAIN BUILDINGS AND STRUCTURES BUILT WITHOUT PERMITS OR WITH EXPIRED PERMITS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: IMPACT FEES
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/1/2005 6C Adopted P

Infrastructure and Land Use Committee 1/11/2005 3B Forwarded to BCC with a favorable recommendation P
REPORT: Chairwoman Seijas announced the foregoing proposed ordinance was open for public participation. No one appeared in response to Chairwoman Seijas’ call for persons wishing to be heard and the public hearing was closed. Commissioner Diaz stated the intent of the foregoing proposed ordinance. He outlined for the Committee the current policy in place within the County and called for Ms. Diane O’Quinn Williams, Director Department of Planning and Zoning, to appear before the Committee in regard to the ordinance. Ms. O’Quinn Williams explained that the foregoing proposed resolution was inspired by the Building Department’s Amnesty Program for single family homeowners who have structural code violations. Ms. O’Quinn Williams stated that those homeowners with code violations are currently subject to current rates for impact fees in order to receive an after-the-fact Building Permit. According to Ms. O’Quinn Williams, 5 different impact fees were collected by her department, and that the resolution would allow the homeowner to only be subject to those fees in place at the time of construction. She said that in her opinion the resolution would not only encourage homeowners to attempt to correct their violations, but would also relieve the financial pressures of doing so. Ms. O’Quinn Williams explained to Commissioner Rolle the fiscal impact of the ordinance’s provisions on the County. Chairwoman Seijas asked that 6 months following implementation of the foregoing proposed ordinance, the Department of Planning and Zoning provide INLUC a progress report regarding its impact.

Board of County Commissioners 11/30/2004 Scheduled for a public hearing Infrastructure and Land Use Committee 1/11/2005

Board of County Commissioners 11/30/2004 13S Adopted on first reading P

County Attorney 11/12/2004 Referred Governmental Operations and Environment Committee 1/11/2005

County Attorney 11/12/2004 Assigned Craig H. Coller 11/12/2004

Legislative Text


TITLE
ORDINANCE PERTAINING TO IMPACT FEES; AMENDING SECTION 8-11 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE FOR DETERMINATION OF IMPACT FEES AS OF THE DATE OF COMMENCEMENT OF CONSTRUCTION OF CERTAIN BUILDINGS AND STRUCTURES BUILT WITHOUT PERMITS OR WITH EXPIRED PERMITS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 8-11 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 8-11. Existing buildings.

* * *

(g) (1) An existing building under Chapter 34 of the Florida Building Code includes any building or structure built with proper permits and completed with all mandatory inspections and for which a Certificate of Completion or Occupancy has been issued and any building or structure, including any part thereof as well as any addition or repair, built without proper permits in which the work performed commenced prior to March 1, 2002 or permits obtained under the South Florida Building Code which expired without Certificates of Completion or Occupancy having been issued.

* * *
>>(h) An applicant for a Certificate of Completion or Occupancy for any building or structure built without proper permits or with permits that expired as provided in subsection (g) hereof shall pay the impact fee which would have been applicable on the date upon which construction is demonstrated to have commenced. No refunds of impact fees paid prior to the effective date of this ordinance shall be allowed.<<

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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