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ORDINANCE NO. _____ _
An Ordinance of the City of South Miami, Florida, amending Section 2-7,
Administrative department; functions and duties; creating a cost recovery
administrative program.
WHEREAS, the City Administration has conducted a review of costs incurred by the
City for the review of development applications and for other City functions and transactions;
and
I
WHEREAS, the City Administration finds that existing fee schedules do not fully cover
the City's costs in the administration and review of applications and requests; and
WHEREAS, the City Administration finds that it is in the best interests of the City for
the City to recover the costs for services relating to the review of development applications and
other transactions with the City from those persons deriving the benefit of the review and/or of
the transaction, as provided herein; and
WHEREAS, the City Administration finds that adoption of these regulations is in the
best interest and welfare ofthe citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 2-7 of the City of South Miami Code of Ordinances is hereby amended to
read as follows:
Section 2-7. Administration department; functions and duties.
ill The administration department shall operate directly under the supervision of the
city manager and shall consist of the following divisions and duties:
* * * *
ill Cost recovery administrative program.
lli.l Intent. The intent of this Ordinance is to provide for a procedure for the recovery
of costs related to the review required by the City's Land Development Code and/or,
except as otherwise specified below, other City Code provisions, so that those persons or
entities, who apply for or request the City's review and/or approval, will be the ones who
bear the costs of review and/or approval.
{hl Applicability of provisions. The cost recovery required herein shall not apply to
applications or transactions that are originally initiated by or on behalf of the City.
if} Cost recovery. The cost recovery administrative program is hereby created as
follows:
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ill. To the extent that any application for review and/or approval by the City
under the City's Land Development Code or, except as otherwise specified below,
other City Code provisions which require review by City staff, City contractors,
agents or consultants, the actual costs for such review shall be passed on to the
applicant. Costs for the City Attorney and/or any other outside contractors, agents
or consultants of the City shall be charged to the applicant in an amount equal to
the actual hourly rate charged to the City.
{ill Fees charged by Miami-Dade County to process building permits and
other development applications on the behalf of the City shall not be affected by
this provision.
(iii) Unless prohibited by law, in circumstances in which the City prepares
closing papers, deeds, or other documents in conjunction with matters in which
the City holds a lien and is requested to subordinate its position, the City shall
charge the applicant a reasonable fee, as determined by the City Manager, in an
amount equal to the actual costs incurred by the City for the preparation of such
documents.
(iv) Application fees for public hearings and other items involving City action or
review shall be as set forth in the City's adopted fee schedule, as amended.
Section 2. Codification. The provisions of this ordinance shall become and be made part
of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in conflict. All ordinances or parts of ordinances in conflict with
the provisions of this Ordinance are repealed.
Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption.
PASSED AND ENACTED this __ day of _______ , 2014.
ATTEST: APPROVED:
CITY CLERK MAYOR
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READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor: Harris
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond