Miami-Dade Legislative Item
File Number: 062279
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File Number: 062279 File Type: Ordinance Status: Adopted
Version: 0 Reference: 06-56 Control: Board of County Commissioners
File Name: EXEMPT SENIORS FROM CERTAIN FEES Introduced: 8/2/2006
Requester: NONE Cost: Final Action: 4/27/2006
Agenda Date: 4/25/2006 Agenda Item Number: 7A
Notes: Sunsets 1 yr. from effective date.THIS IS FINAL VERSION AS ADOPTED. ALSO SEE ORIGINAL ITEM NO. 060270 AND 060811. 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 NOS. 060270 AND 060811]
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: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

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

County Attorney 8/2/2006 Assigned Hugo Benitez

Board of County Commissioners 4/27/2006 7A Amended Adopted as amended P
REPORT: Assistant County Attorney Joni Armstrong-Coffey read the foregoing proposed ordinance into the record. On behalf of Mayor Alvarez, Assistant County Manager Bill Johnson requested that the threshold amount of the original item be increased from $22,000 to $23,500. Commissioner Gimenez asked that the foregoing proposed ordinance be amended to delete the numeric threshold amount and insert the phrase “Senior Citizen Exemption”. Commissioner Sorenson asked for a further amendment to include a $100,000 cap during the period of the pilot study. Mr. Johnson noted his acceptance of the two amendments requested by Commissioners Gimenez and Sorenson. He advised that he would report back to the Board with the amount expended and request that the threshold be increased, if deemed necessary at that time. In response to Commissioner Seijas’ inquiry as to who would be included in the pilot program, Mr. Johnson explained that the sample group would consist of a narrow group of senior citizens, 65 years or older, from all 13 Commission Districts, who met the requirements listed on page five of this proposed ordinance. The Board adopted the foregoing proposed ordinance as amended to delete the amount of $20,000 and insert the phrase “who qualify for the Senior Citizen Exemption”, and to provide that a $100,000 cap be imposed on expenditures during the pilot study period.

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 the qualifying amount for an additional homestead exemption under this Code. 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. In the event that the amount of permit fees exempted by this Subsection 8-12 (i) exceeds $100,000 in the aggregate, this Subsection shall be of no further force or effect unless reenacted by this Board.

(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.
PASSED AND ADOPTED:

Approved by County Attorney as
to form and legal sufficiency: ________

Prepared by: ________

Hugo Benitez

Sponsored by Chairman Joe A. Martinez, Commissioner Bruno A. Barreiro,
Commissioner Jose "Pepe" Diaz, Commissioner Audrey M. Edmonson,
Commissioner Carlos A. Gimenez, Commissioner Barbara J. Jordan,
Commissioner Dorrin D. Rolle and Commissioner Natacha Seijas
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or>> doubled arrowed<??

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Amended
Agenda Item No. 7(A)
Page No. 4



Approved                     Mayor Amended
Veto __________ Agenda Item No. 7(A)
Override __________ 4-25-06




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