Ord No 06-23-2457ORDINANCE NO. 06-23-2457
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 7-3 "COMPREHENSIVE FEE SCHEDULE" AND
SECTION 13-24 "SCHEDULE OF BUSINESS TAX
RECEIPTS" OF THE CITY CODE OF ORDINANCES, TO
PROVIDE THAT A COMPREHENSIVE SCHEDULE OF
FEES AND FINES FOR ALL DEPARTMENTS AND
SERVICES SHALL BE ADOPTED AND AMENDED BY
RESOLUTION OF THE CITY COMMISSION; PROVIDING
FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of South Miami (the "Commission") finds
it periodically necessary to amend its Code of Ordinances ("Code") in order to update regulations
and procedures to maintain consistency with state law and to implement municipal goals and
objectives; and
WHEREAS, Section 7-3, "Comprehensive Fee Schedule" of the Code provides that the
fees for the listed building subjects shall be as set forth in City's comprehensive fees and fines
ordinance, and a copy of which shall be kept in the office of the City Clerk; and
WHEREAS, Section 13-24 " Schedule of Business Tax Receipts" of the Code similarly
provides that the "Schedule of License Taxes" are set forth in Ordinance No. 1796 and made a part
thereof including all subsequent amendments thereto; and
WHEREAS, the City's comprehensive schedule of fees and fines for all departments and
services is currently available on the City's website, and current practice to amend all fees and
fines by ordinance when changes and updates are needed; and
Page 1 of 4
Ord. No. 06-23-2457
WHEREAS, in lieu of amending all fees and fines by ordinance, the City wishes to
amend its comprehensive schedule of fees and fines by resolution of the City Commission in order
to allow for a consolidated schedule that can be efficiently and timely updated and amended, as
needed;and
WHEREAS, the City Commission desires to amend Sections 7-3 and 13-24 of the Code
to provide that the schedule of fees and fines referenced therein shall be adopted by resolution of
the City Commission; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City and approved it on first reading on April 4, 2023; and
WHEREAS, on April 18, 2023, the Mayor and City Commission conducted a duly noticed
public hearing as required by law and adopted the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Section 7-3 of the Code. That Section 7-3 of the City of South
Miami Code of Ordinances is hereby amended to read as follows:
CHAPTER 7 -BUILDINGS
***
Sec. 7-3. -Comprehensive fee schedule adopted by Resolution of the City Commission.
The fees for the following subjects shall be as set forth and adopted by Resolution of the City
Commission, as may be amended from time to time iR the eity's oreiRanee regulating these
suejeets, or as set forth in the eity's eolBf)reheRsiYe fees and fines oreiRanee (a eopy of the latter
1 Coding: Strileetht=ough woFds are deletions to the existing words. Underlined words are additions to the existing
words. Modifications proposed by the Planning Board are shaded in grey. Changes between first and second
reading are indicated with deWJlc slFibclhrsugh and double underline.
Page 2 of 4
Ord. No. 06-23-2457
shall ae kept in the offiee of the eity elerk and whieh may ae aeeessed on the eity's wee page
1.vhieh is em=reatly at vnr.v.so:uthmiamifl.gov), 1..Yhiehever is the most e:urreat:
(l)Building permit fees.
(2)Plumbing permit fees.
(3)Mechanical permit fees.
(4)Electrical permit fees.
( 5)Land use application fees.
( 6)Certificates of use, completion or occupancy fees.
(?)Public works/utility fees.
(8)Other fees.
(9)Occupational license fees.
(1 0)Tree removal permit fees.
(11 )Development impact fees.
***
Section 3. Amending Section 13-24 of the Code. That Section 13-24 of the City of
South Miami Code of Ordinances is hereby amended to read as follows:
CHAPTER 13 -LICENSES
***
ARTICLE I. -BUSINESS TAX RECEIPT
***
Sec. 13-24. -Schedule of business tax receipts.
The various businesses, occupations and professions within the city are hereby classified for the
purpose of this section and assessments of business tax receipts therefor are hereby fixed per
annum, unless otherwise provided, as set forth in the schedule of fees adopted by Resolution of
the City Commission, as may be amended from time to time. attaehed to Ordiaaaee No. 1796
and made a part hereof, and entitled "Sehedale of Lieease Taxes," iael:udiag all s:uaseq:ueflt
araeadmeflts thereto.
***
Section 4. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
Page3 of4
Ord. No. 06-23-2457
Section 5. Severability. If an y s ection, c la use, sente nce, o r phrase of this Ordinance
is for any reason he ld in valid or un co nsti tuti o na l by a court of co mpetent juris di c tion, the holding
sh a ll not affect the validity of the rem a ining portions of thi s Ord inance.
Section 6. Conflicts. T h at a ll o rdinances o r part s of o rdin ances, resolu tions or parts
of resol uti ons , in confli ct he rewith, are repealed to t he extent of s uch confl ict.
Section 7 . Implementation. The C ity Manager is hereby authori zed to take any and
a ll necessary actio n to impl e ment th e purposes of thi s Ordina nce.
Section 8. Effective Date. T hi s Ordi nance s hal l becom e effecti ve immediate ly upo n
adopt ion.
PASSED on firs t reading o n th e 4 th day of April , 2023.
PASSED AND ADOPTED on seco nd reading o n the 18th day o f Amil, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THERE OF
WEI~RoTAI-IEAN coLE
& BIERMAN, P.L.
CITY ATTORNEY
AP PROVE D:
COMMIS S ION VOTE:
Mayor Fernandez:
Vice Mayo r Boni ch:
Co mmi ss io n er C alle:
Co mmi ss ione r Liebman:
Commi ss ioner Corey:
Pa ge 4of4
5-0
Y ea
Yea
Yea
Yea
Yea
Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date: April 18, 2023
Submitted by: Quentin Pough
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 7-3 “COMPREHENSIVE FEE SCHEDULE” AND SECTION 13-24 “SCHEDULE OF BUSINESS TAX
RECEIPTS” OF THE CITY CODE OF ORDINANCES, TO PROVIDE THAT A COMPREHENSIVE SCHEDULE
OF FEES AND FINES FOR ALL DEPARTMENTS AND SERVICES SHALL BE ADOPTED AND AMENDED BY
RESOLUTION OF THE CITY COMMISSION; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Memo-Amend_Fee_Ordinance__1_ (2).docx
Ordinance Modifying Fee Setting By Reso Instead of by Ordinance SR CAv2.docx
MDBR Ad.pdf
Miami Herald Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: Tuesday, April 18, 2023
SUBJECT: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SECTION 7-3 “COMPREHENSIVE FEE SCHEDULE” AND
SECTION 13-24 “SCHEDULE OF BUSINESS TAX RECEIPTS” OF THE CITY CODE OF
ORDINANCES, TO PROVIDE THAT A COMPREHENSIVE SCHEDULE OF FEES AND
FINES FOR ALL DEPARTMENTS AND SERVICES SHALL BE ADOPTED AND
AMENDED BY RESOLUTION OF THE CITY COMMISSION.
RECOMMENDATION:Staff recommends the attached Ordinance for approval.
BACKGROUND:The City Commission of the City of South Miami (the “Commission”) finds
it periodically necessary to amend its Code of Ordinances (“Code”) in order
to update regulations and procedures to maintain consistency with state
law and to implement municipal goals and objectives.
The City’s comprehensive schedule of fees and fines for all departments
and services is currently available on the City’s website, and current
practice is to amend all fees and fines by ordinance when changes and
updates are needed. In lieu of amending all fees and fines by ordinance,
the City wishes to amend its comprehensive schedule of fees and fines by
resolution of the City Commission in order to allow for a consolidated
schedule that can be efficiently and timely updated and amended, as
needed.
The attached Ordinance, if approved after second reading, will provide
that the city’s schedule of fees and fines to be adopted by Resolution of
the City Commission.
ATTACHMENTS:Proposed Ordinance
2
SoutOOiami
THE CITY OF PLEASANT LIVING
7
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, of Miami-Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARING -APR. 18, 2023
in the XXXX Court,
was published in a newspaper by print in the issues of Miami
Daily Business Review f/k/a Miami Review on
04/07/2023
Alliant further says that the newspaper complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
Swam and subscribed before me this
7 day of APRIL, A.O. 2023
(SEAL)
GUILLERMO GARCIA personally known to me
J .. -.·-r·•--· .. •.. ATTAOIED
8
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing
on Tuesda _A ril 18 2023 at 7:00 g.m. to consider the following public
hearing ltem(s):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 11, 'GARBAGE
AND TRASH," SECTION 11-22, 'EXTENT OF SERVICE AND POINTS
OF COLLECTION," OF THE CITY'S CODE OF ORDINANCES;
PROVIDING FOR CORRECTIONS; SEVERABILITY ; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE OrTY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 7-3 'COMPREHENSIVE
FEE SCHEDULE' AND SECTION 13-24 'SCHEDULE OF BUSINESS
TAX RECEIPTS ' OF THE CITY CODE OF ORDINANCES , TO
PROVIDE THAT A COMPREHENSIVE SCHEDULE OF FEES AND
FINES FOR ALL DEPARTMENTS AND SERVICES SHALL BE ADOPTED
AND AMENDED BY RESOLUTION OF THE CITY COMMISSION;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
The hearing will be held at C Hall Commission Chambers 6130 Sunset
Drive, So Miami Florida 33143. Commission members will participate
in Chambers or by video conferencing through the Zoom platform and members
of the public may join the meeting via Zoom at (!:r!!P~oom.us!V305663633BJ,
by phone by calling + 1-786-635-1003 and entering Meeting 10: 3056636338
when prompted, or in person In the Commission Chambers, and where
their appearance will be broadcast on the Zoom platform, and where they
can participate.
All interested parties are invited to attend and will be heard .
For further information. please contact the City Clerk 's Office at: 305-663-6340.
Pursuant to Section 286 .0 105, Fla. Stat., the City hereby advises the public
that>it-a person decides to appear any decision made by the Commission
with respect to this matter, such person must ensure that a verbatim record
of the proceedings is made, which record includes the testimony and .
evidence upon which the appeal is to be based This notice does not
constitute consent by the City for the introductionoradmission of otherwise
Inadmissible or irr elevant evidence , nor does It authorize challenges or
appeals not otherwise allowed by law .
ADA: To request a mod ification to a policy, practice or procedure or tc
request an auxiliary aide or service In order to participate In a City program,
activity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mai l at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmlamlfl.gov .
4/7
Nkenga A Payne, CMC, FCRM
City Clerk
23 -90/0000656564M
12SE ...................................................................................................NEIGHBORSSUNDAYAPRIL 9 2023
PHOTOS BY MATIAS J.OCNER mocner@miamiherald.com
Dr. Jane Goodall speaks during ‘A n Evening With Jane Goodall: Inspiring Hope
Through Action.’
‘A n Evening Wi th Jane Goodall:
Inspiring Hope Through Action’
Dr. Jane Goodall
gives a lecture
during ‘A n Evening
With Jane Goodall:
Inspiring Hope
Through Action.’
Dr. Mireya Mayor, the
director of exploration and
science communication in
FIU’s College of Arts,
Sciences and Education,
speaks with Dr. Jane
Goodall during ‘A n Evening
With Jane Goodall:
Inspiring Hope Through
Action’ at Florida
International University’s
Ocean Bank Convocation
Center on March 31.
9
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public
hearing on Tuesday. April 18, 2023, at 7:00 p.m. to consider the
following public hearing item(s):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 11, "GARBAGE
AND TRASH," SECTION 11-22, "EXTENT OF SERVICE AND POINTS
OF COLLECTION," OF THE CITY'S CODE OF ORDINANCES;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING SECTION 7-3 "COMPREHENSIVE FEE
SCHEDULE" AND SECTION 13-24 "SCHEDULE OF BUSINESS TAX
RECEIPTS" OF THE CITY CODE OF ORDINANCES, TO PROVIDE
THAT A COMPREHENSIVE SCHEDULE OF FEES AND FINES FOR ALL
DEPARTMENTS AND SERVICES SHALL BE ADOPTED AND AMENDED
BY RESOLUTION OF THE CITY COMMISSION; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND
AN EFFECTIVE DATE.
The hearing will be held at City Hall Commission Chambers, 6130
Sunset Drive, South Miami, Florida 33143. Commission members
will participate in Chambers or by video conferencing through
the Zoom platform and members of the public may join the meeting
via Zoom at (https:/ /zoom.us/j/3056636338), by phone by calling
+1-786-635-1003 and entering Meeting ID: 3056636338 when
prompted, or in person in the Commission Chambers, and where their
appearance will be broadcast on the Zoom platform, and where they
can participate.
All interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at:
305-663-6340.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if
a person decides to appeal any decision made by the Commission with respect
to this matter, such person must ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the
appeal is to be based . This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
ADA: To request a modification to a policy, practice or procedure or to request
an auxiliary aide or service in order to participate in a City program, activity
or event, you must on or before 4:00 p.m. 3 business days before the meeting
(not counting the day of the meeting) deliver your request to the City Clerk by
telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or
email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk