Miami-Dade Legislative Item
File Number: 060811
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File Number: 060811 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: County Commission
File Name: EXEMPT SENIORS FROM CERTAIN FEES Introduced: 3/13/2006
Requester: NONE Cost: Final Action:
Agenda Date: 4/25/2006 Agenda Item Number: 7A
Notes: Sunsets 1 yr from effective date - SEE 062279 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE RELATING TO BUILDING PERMITS, FEES AND CHARGES; AMENDING SECTION 8-12 OF THE CODE OF MIAMI-DADE COUNTY TO EXEMPT SENIOR CITIZENS FROM THE PAYMENT OF FEES UNDER CERTAIN CIRCUMSTANCES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 060270]
Indexes: BUILDING CODE
  BUILDING DEPARTMENT
  SENIOR CITIZENS
Sponsors: Joe A. Martinez, Prime Sponsor
  Bruno A. Barreiro, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Natacha Seijas, Co-Sponsor
Sunset Provision: Yes 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 4/27/2006 7A Amended
REPORT: See Agenda Item 7A Amended; Legislative File No. 062279.

Board of County Commissioners 4/25/2006 7A Carried over 4/27/2006
REPORT: First Assistant County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. It was moved by Commissioner Gimenez that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Sorenson. Commissioner Sorenson noted she received a memorandum from Mayor Carlos Alvarez this morning (4/25) recommending that a $23,500 cap be used in keeping with this year’s threshold for senior citizen exemption and that a provision be included requiring the County Commission’s approval if implementation cost exceeded a predetermined amount. Mr. Charles Danger, Building Department Director, noted the predetermined amount was $100,000 maximum for the first year. Following Commissioner Sorenson’s comment that the proposed change to the cap was $20,000 to $23,500, Chairman Martinez noted the $20,000 was noted on handwritten page 5. It was moved by Commissioner Sorenson that the foregoing proposed resolution be amended according to the Mayor’s recommendations. Commissioner Seijas noted until members of the Board knew the consequences of the proposed amendments, the Board should not adopt this proposed ordinance with the proposed amendments. It was moved by Commissioner Seijas that the foregoing proposed ordinance be deferred. She noted Thursday April 27, 2006 would be a more appropriate time to consider the ordinance and amendments. Commissioner Gimenez suggested the ordinance refer to the senior citizen exemption and not specify an amount of the senior citizen exemption. The Board proceeded to vote on the foregoing proposed ordinance.

Infrastructure and Land Use Committee 3/14/2006 3C SUBSTITUTE Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Joni Armstrong-Coffey read the foregoing proposed ordinance into the record. Chairwoman Seijas opened the public hearing. The public hearing was closed after no one appeared in connection with this proposed ordinance. Chairwoman Seijas asked that all Committee of this committee be listed as co-sponsor of this ordinance. Upon hearing Commissioner Jordan’s recommendation to develop a report on the overall impact of proposed discount programs on the County’s general budget, Chairwoman Seijas asked that this report be separate from the water issue report already being developed. She noted the water fees were not increased for those elderly and low income customers as a result of discount programs.

County Manager 3/13/2006 Additions

County Attorney 3/13/2006 Referred Infrastructure and Land Use Committee 3/14/2006

County Attorney 3/13/2006 Assigned Hugo Benitez 3/13/2006

Legislative Text


TITLE
ORDINANCE RELATING TO BUILDING PERMITS, FEES AND CHARGES; AMENDING SECTION 8-12 OF THE CODE OF MIAMI-DADE COUNTY TO EXEMPT SENIOR CITIZENS FROM THE PAYMENT OF FEES UNDER CERTAIN CIRCUMSTANCES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, any person obtaining a building permit is required to pay fees and charges before such permit is issued; and
WHEREAS, this Board has by administrative order and ordinance established fees and charges to be levied by County departments for the issuance of building permits; and
WHEREAS, many senior citizens who live on fixed incomes cannot afford to pay the cost of permit fees for improvements to their owner-occupied residential properties; and
WHEREAS, this Board wishes to exempt senior citizens from the payment of permit fees under certain circumstances to encourage the issuance of building permits and compliance with the Florida Building Code,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Section 8-12 of the Code of Miami-Dade County is hereby amended to read as follows: 1
Section 8-12. Fees.
* * *
>> (i) Payment of permit fees and charges.
(1) Notwithstanding any provisions of this Code to the contrary, all fees and charges assessed by County departments, including impact fees, which are required to be paid as a condition of the issuance of a building permit shall not be charged if all of the following conditions are met:

(a) The permit to be obtained will correct a violation for work without permit or for work with an expired permit for which the property owner has been cited by the Building Department.

(b) The permit applicant was not the owner of the property at the time the violation was committed or is not the contractor who performed the work without the required permit or allowed the permit to expire.

(c) The work performed without a permit was commenced prior to March 1, 2002 or the permit which expired was issued under the South Florida Building Code.

(d) The work under the building permit is for an improvement to a single-family or duplex residence, townhouse or condominium which is occupied by the property owner and has had a valid homestead exemption for the past five years.

(e) The property is owned by one or more individuals each of whom are 65 years of age or older whose combined annual household income is not greater than $20,000.00 in the aggregate excluding Social Security benefits. Where the joint owners are married, only one of the owners must meet the minimum age requirement.

(2) Each development department will track the amount of permit fees and charges affected by this exemption each fiscal year. The general fund shall reimburse each of the development departments the amount of permit fees and charges exempted as part of the following fiscal year's budget.

(3) This ordinance is not intended to waive any permit fees or charges assessed by departments of the State of Florida or federal government.<<

Section 2. The provision of this ordinance shall sunset and be of no further force or effect one year after its effective date unless extended by the Board of County Commissioners. Prior to the sunset date, the County Manager shall report to the Board whether it is in the best interest of the County to extend its effectiveness including a report of its costs to the general fund.
Section 3. 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 4. 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 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective 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>> doubled arrowed<



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