04-04-95T7
Mayor: Neil Carver
Vice Mayor: R. Paul Young
Commissioner: Ann B. Bass
Commissioner: Thomas Todd Cooper
Commissioner: Tom Cunningham
CITY COM USSION AGENDA
Regular City Commission Meeting
Meeting date: April 4, 1995 6130 Sunset Drive, So. Miami, FL
Next Meeting date: April 18, 1995 Phone: (305) 663 -6340
Time: 7:30 P.M.
PURSUANT TO FLA STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A
PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL
NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY
NEED TO 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
OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE
CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW.
CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A
PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS,
COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT
WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES.
CALL TO ORDER
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations: none
ITEMS FOR COMMISSION CONSIDERATION
1) Approval of Minutes March 21, 1995
2) City Manager's Report
3) City Attorney's Report
CONSENT AGENDA
4. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to
contract, on as need basis, with Reed Jr. Plumbing, Main Line
Plumbing, Gobie Plumbing, General Plumbing and Aaron Plumbing
for maintenance of plumbing in all City owned buildings and
approving for payments to be charged to Building Maintenance
Account No. 01- 1710 -4670 maintenance and repairs - grounds and
structures.
(Administration) 3/5
5. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to
contract, on as need basis, with Tropic Electric Inc., All
Florida State Electric Co., Brimson Electric, Edd Helms
Electric and Langer Electric Service Co. for maintenance and
repair of electrical units in all City owned buildings and
approving for payments to be charged to Building Maintenance
Account No. 01- 1710 -4670 maintenance and repairs - grounds and
structures.
(Administration) 3/5
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $21343.31 representing fees incurred for legal
services by Parenti, Falk, Waa's & Frazier regarding seized
items by the Police Department and charging the disbursement
to Account No. 08- 1910 -3100: "Professional Services Forfeiture
Funds ".
(Administration /Police Department) 3/5
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, approving City Attorney fees in the
amount of $5,623.61 to be charged to Account No. 1500 -3410.
(City Attorney Gallop) 3/5
ORDINANCES - SECOND READING AND PUBLIC HEARING
8 An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, amending Ordinance No. 15 -94 -1564,
creating Section 20 -5.10 of the Land Development Code to
provide for Administrative Waiver Approval Procedures, to
authorize waiver of lot size and frontage requirements;
providing for severability; providing for ordinances in
conflict; and providing an effective date.
(Mayor Carver) 4/5
Agenda /April 4, 1995 PAGE 2
9. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, amending Ordinance No. 14 -.90 -1454,
Section (H) , by adding a new Subsection 7 - Fee for Plan
Review; providing for severability; providing for ordinances
in conflict; and providing an effective date.
none
(Administration /B.Z.C.D) 3/5
RESOLUTIONS FOR PUBLIC HEARING
RESOLUTIONS
10. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, relating to the Office of Development,
providing for the position and salary for a full time
assistant and providing for improvements to the building
located at 6900 SW 59 Place, South Miami, Florida
(Administration) 4/5
ORDINANCES - FIRST READING
11. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida amending a portion of Ordinance
No. 18- 80- 1077, as amended, relating to occupational license
taxes, providing for penalty to be levied against persons
engaging in a business without . an occupational license or
failing to renew an occupational license; providing for a
thirty day grace period; providing the City Manager with
powers of revocation; providing for right to appeal to the
City Commission; providing for orders to violators to cease
and desist business; directing the City Attorney to enforce
violations and penalties by civil action; providing for
recovery of attorneys' fees, court costs, administrative costs
and penalty up to $250.00, as authorized in Section 205.053,
Florida Statutes; providing for an amendment to the fee
charged for transfer of license; providing for powers to
Building, Zoning and Community Development Department
regarding zoning; providing for revocation of Occupational
License for violation of Land Development Code, ordinances,
development permits, covenants and restrictions; providing for
an amendment to the fee charged for change of ownership;
providing for repealing Section 13 -25 through Section 13 -31 of
the Code of Ordinances; providing for Codification of
Ordinance No. 18 -80 -1077 as amended in the Code of Ordinances
of the City of South Miami, Florida; providing for ordinances
in conflict; providing for severability; and providing an
effective date.
(Administration /B.Z.C.D) 3/5
Agenda /April 4, 1995 PAGE 3
12. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, amending Section 13 -55, prerequisite to
issuance of license tag; deleting Section 13 -57, supervision
of secondhand dealerships by Police Department; and amending
subsections (b), (c) and (d) Section 13 -58, secondhand
dealers - jewelry, metal and coins of Chapter 13 "Licenses" of
the Code of Ordinances of the City of South Miami; providing
for severability; providing for ordinances in conflict and
providing an effective date.
(Administration /B.Z.C.D) 3/5
PUBLIC REMARKS
COMMISSION REMARKS
Agenda /April 4, 1995 PAGE 4
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RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT, ON AS
NEED BASIS, WITH REED JR. PLUMBING, MAIN LINE PLUMBING, GOBIE
PLUMBING, GENERAL PLUMBING AND AARON PLUMBING FOR MAINTENANCE OF
PLUMBING IN ALL CITY OWNED BUILDINGS AND APPROVING FOR PAYMENTS TO
BE CHARGED TO BUILDING MAINTENANCE ACCOUNT NO.01- 1710 -4670
MAINTENANCE AND REPAIRS-GROUNDS AND STRUCTURES..
WHEREAS, the City Administration has determined that it is
cost- effective to retain plumbing companies on "as -need" basis for
maintenance and repair of plumbing units in all City -owned
buildings; and
WHEREAS, the City Administration has now obtained competitive
phone bids from five (5) vendors, as shown in the attached memo,
to provide the services.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA.
Section 1. That the City Manager is hereby authorized to
contract with the five (5) vendors as set forth in paragraph 1 of
this resolution.
Section 2. That the disbursement for the service be
charged to Building Maintenance Account No.01 -1710 -4670,
Maintenance and Repairs - Grounds and Structures.
PASSED AND ADOPTED THIS
ATTEST:
CITY CLERK
READ AND APPROVED:
CITY ATTORNEY
DAY OF
APPROVED:
NEIL CARVER, MAYOR
, 1995.
INTER—OFFICE MEMORANDUM
TO; Hakeem Oshikoya DATE: 3/16/95
Finance Director
FROM! Pat DeLisa SUBJECT: Plumbing contractors
Central Servi es Spec.
Per hour costs for plumbing contractors as requested:
From Dade County Bid list - Reed Jr. Plumbing - $49.87 hrly
Main Line Plumbing - $55.00 hrly
(does not accept P.O.'s)
The other two contractors did not
respond to our call backfrom their
answering machines
Gobie Plumbing - $50.00 hrly
General Plumbing - $45.00 hrly
Aaron Plumbing - $ $54.00 hrly
kI
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RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT, ON AS
NEED BASIS, WITH TROPIC ELECTRIC INC., ALL FLORIDA STATE ELECTRIC
CO., BRIMSON ELECTRIC, EDD HELMS ELECTRIC AND LANGER ELECTRIC
SERVICE CO. FOR MAINTENANCE AND REPAIR OF ELECTRICAL UNITS IN ALL
CITY -OWNED BUILDINGS AND APPROVING FOR PAYMENTS TO BE CHARGED TO
BUILDING MAINTENANCE ACCOUNT NO.01- 1710 -4670 MAINTENANCE AND
REPAIRS - GROUNDS AND STRUCTURES.
WHEREAS, the City Administration has determined that it is
cost - effective to -retain electrical companies on "as -need" basis
for maintenance and repair of electrical units in all City -owned
buildings; and
WHEREAS, the City Administration has now obtained competitive
phone bids from five (5) vendors, as shown in the attached memo,
to provide the services.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA.
Section 1. That the City Manager is hereby authorized to
contract with the five (5) vendors as set forth in paragraph 1 of
this resolution.
Section 2. That the disbursement for the service be
charged to Building Maintenance Account No.01- 1710 -4670,
Maintenance and Repairs- Grounds and Structures.
PASSED AND ADOPTED THIS DAY OF , 1995.
ATTEST:
CITY CLERK
READ AND APPROVED:
CITY ATTORNEY
APPROVED:
NEIL CARVER, MAYOR
INTER— OFFICE MEMORANDUM
TO: Hakeem Oshikoya O^TE: 3/16/95
Finance Director
FROM' Pat DeLisa V suojECr: Electrical contractors
Central Services Spec.
Hourly cost for service for the following electrical contractors as requested
are:
From the Dade County bid list:
Tropic Electric. Inc. - $29.92 hrly
All Florida State Electric Co. - $58.00 hrly
Brimson Electric - $45.00 min 1 hr /plus travel and
$65.00 hrly for two (1 licensed & i helper)
Edd Helms Elec $59.00 hrly
Langer Electric Service Co. $56.00 plus cost of material
9
Cites o� South �+iiami
Pca3.3...�co Depart= men -t=..
INTER- OFFICE MEMORANDUM
To: MAYOR AND CITY COMMISSION
From: EDDIE COX,
CITY MANAGER
Date: MARCH 28, 1995
Subject: AGENDA ITEM # to
COMM. MTG. 04/04/95
PAYMENT FOR FORFEITURE ATTORNEY
The City of South Miami Police Department engages in the detection
and apprehension of members of the criminal element. During the
course of these activities assets are sometimes seized and
subsequently forfeited under the provisions of Florida Statute
932.701 -704 et seq. The representation of the City's interests in
this highly specialized field is accomplished through the use of
special counsel, whose rate is far below regular fees charged for
this type of representation, to wit: $65.00 per hour. Billing is
generated by the law firm of Parenti, Falk, Waas and Frazier.
I recommend approval.
GF /sv
Ia
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fu
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE THE SUM OF $2,343.31 REPRESENTING FEES INCURRED
FOR LEGAL SERVICES BY PARENTI,FALK,WAAS & FRAZIER REGARDING
SEIZED ITEMS BY THE POLICE DEPARTMENT AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 08- 1910 -3100: "PROFESSIONAL
SERVICES ", FORFEITURE FUNDS.
WHEREAS, the City has now received invoices for legal services
rendered in the amount of $2,343.31 for the period February 16
through March 15, 1995.
NOW, THEREFORE, BE IT .RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is authorized to
disburse the sum of $2,343.31 to Parenti, Falk, Waas & Frazier for
legal services rendered regarding the City of South Miami Police
Department seized items.
Section 2. That this resolution shall be effective
immediately and after adoption hereof.
PASSED AND ADOPTED this day of . 1995.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
GF /sv
PARENTI, FALK, WARS & FRAZIER
ATTORNEYS AT LAW
MICHAEL P. BONNER
113 ALMERIA AVENUE
SUITE 135
ARMANDO CORTINA
CORAL GABLES, FLORIDA 33134
ONE MEMORIAL CENTER
GLENN P. FALK
TELEPHONE (305) 447 -6500
4919 MEMORIAL
GREGORY G. FRAZIER
TELEFAX (305) 447 -1777
TAMPA, FLORIDA 33634
J. DAVID GALLAGHER
TELEPHONE (813) 889 -8250
LESLIE F. HECKER
TELEFAX (813) 885 -5588
EDWARD HERNANDEZ
MICHAEL S. HOWARD
LEE E. LEVENSON
GAIL LEVERETT PARENTI
_ - MARATHON OFFICE (3 OS) 743 -1982
MICHAEL J. PARENTI, IU
SCOTT E. SOLOMON
NORMAN M. WAAS
March 24, 1995
JULIE R.R. WAAS
OF COUNSEL
Captain Greg Feldman
City of South Miami Police Department
6130 Sunset Drive
South Miami, Florida 33143
RE: CITY OF SOUTH MIAMI POLICE DEPARTMENT
Our File No. 00730 -GPF
Our IRS No. 59- 2361828
INTERIM BILLING STATEMENT
Billing Period: 2 -16 -95 thru 3 -15 -95
FEES FOR PROFESSIONAL SERVICES RENDERED:
(see computer ledger sheet attached)
PLEASE REPLY TO:
CORAL GABLES
$2054.00
OFFICE COSTS: 289.31
TOTAL: $2343 .:31:::�-.
TOTAL HOURS:31.60 @$ 65.00 /hr.
BALANCE FROM PREVIOUS BILL: $3703.95
(2 -23 -95 Interim Bill)
TOTAL AMOUNT DUE: $6047.26
ATTORNEYS NORMAN M. WAAS, LESLIE F. HECKER & SCOTT E. SOLOMON PERFORMED
SERVICES................................. ...............................
L
q-
'
SOUTH MIAMI POLICE DEPT., THRU MARCH 15,
1995
CSE DATE
ATY
SERVICE
DESCRIPTION
TIME
RATE
TOTAL
730 950216
NMW
REC REV
CLAIMANT'S M/DISMISS (5961
1.00
65
65.00
SW 76)
NMW
REC REV
CLAIMANT'S RESP TO PET.
0.90
65
58.50
(5961 SW 76)
NMW
REC REV
R/P TO S.MIAMI (5961 SW 76)
0.60
65
39.00
NMW
REC REV
LTR FM HERSCH (5961 SW 76)
0.30
65
19.50
LFH
PREP OF
STIP & ORDER OF DISMISSAL
0.30
65
19.50
(92 NISSAN)
950221
LFH
FILE REV
TO PREP CONF W/ J. SWOPE (RE
2.00
65
130.00
P/C HRG)
LFH
TELCON
MR SWOPE
0.20
65
13.00
LFH
REC REV
R/R ENTIRE FILE FM ATTY
3.50
65
227.50
GEN'L
LFH
PREP OF
ORDER FINDING PROBABLE CAUSE
0.40
65
26.00
(5961 SW 76)
950222
LFH
TELCON
MR DANIELS RE PROBABLE CAUSE
0.20
65
13.00
HRG (7221 SW 58)
950223
NMW
PREP OF
LTR TO FELDMAN (5961 SW 76)
0.30
65
19.50
NMW
PREP OF
LTR TO GALLOP - RE BILLING
O.60
65
39.00
NMW
PREP OF
REPLY (5961 SW 76)
0.40
65
26.00
LFH
TELCON
R. GROSS RE SETTLEMENT
0.20
65
13.00
950227
LFH
REC REV
N/HRG (5961 SW 76)
0.30
65
19.50
950228
LFH
REC REV
ORDER ON M/WITHDRAW (7221 SW
0.30
65
19.50
58)
LFH
REC REV
M/W[THDRAW (7221 SW 58)
0.30
65
19.50
NMW
TELCON
CAPT FELDMAN (RE CARTER
0.30
65
19.50
HOUSE)
NMW
PREP OF
LTR TO FELDMAN (5961 SW 76)
0.30
65
19.50
NMW
PREP OF
LTR TO HERSCH (5961 SW 76)
0.30
65
19.50
950301
LFH
REC REV
ORDER FINDING PROBABLE CAUSE
0.30
65
19.50
(5161 SW 76)
950303
NMW
REC REV
LTR FM HERSCH (5961 SW 76)
0.30
65
19.50
950306
LFH
TELCON
MR GALIZAR RE STATUS OF
0.20
65
13.00
FOFOEITURE (7221 SW 53)
950307
LFH
TELCON
CAPT FELDMAN RE PROBABLE
0.20
65
13.00
CAUSE HRG (7221 SW 58)
LFH
TELCON
MR SWOPE RE MS ALTRECT, MR
0.40
65
26.00
Page 1
, I `---_-�-��
SOUTH MIAMI POLICE DEPT., THRU MARCH 15. 1?9�--
CSE DATE
___ ------
ATY
___
SERVICE
________
DESCRIPTION
TIME
RATE
TOTAL
----------------------------
PARVELS & MS MULLIGAN
_______
____ _________
(7221 SW 58)
LFH
REC REV
N/HRG (7221 SW 58)
0.30
65
19.50
950308
LFH
TELCON
CAPT FELDMAN RE P.C. HRG
0.20
65
13.00
($7291)
LFH
LFGRES
RE WHETHER LEASEHOLDER IS A
2.00
65
130.00
BONA FIDE LIENHOLDER
UNDER FORFEITURE ACT FOR
MEMO OF LAW & P.C. HRG
LFH
REC REV
R/R BUSINESS LEASE BETWEEN
0.80
65
52.00
JOWHAL & HANGING BASKET
& ORDER RE DEPOSIT OF
RENTS (7221 SW 58)
LFH
MISC
REVIEW OFFICIAL RECS FOR
0.50
65
32.50
COPY OF LEASE (RECORDED)
(7221 SW 50
LFH
LEGRES
CONT'D RESEARCH RE BONA FIDE
0.50
65
32.50
LIENHOLDER (7221 SW 58)
LFH
PREP OF
LTR TO CAPT FELDMAN (7221 SW
0.30
65
19.50
58)
LFH
PREP OF
LTR TO CAPT FELDMAN 1$7921>
0.30
65
19.50
LFH
PREP OF
LTR TO JUDGE SIMONS ($7921)
0.30
65
19.50
950309
LFH
PREP OF
LTR TO CAPT FELDMAN (7221 SW
0.30
65
19.50
58)
LFH
PREP OF
LTR TO T. DANIELS (722 SW
0.30
65
19.50
58)
LFH
PREP OF
LTR TO INVESTIGATOR SWOPE
0.30
65
19.50
950310
LFH
TELCON
MR WEISER RE PROBABLE CAUSE
0.20
65
13.00
HRG (7221 SW 58)
LFH
MlSC
FINALIZE MEMO OF LAW RE
1.50
65
97.50
HANGING BASKET (7221 SW
58)
950312
JRW
LEGRES
7.9.932.701 & 705.103 TO
2.00
65
130.00
RESP TO CAPT FELDMAN'S
INQUIRY RE CLAIM AS TO
CELLULAR PHONES
950313
LFH
TELCON
DET. STEIN RE HRG ($7921)
0.20
65
13.00
LFH
PRE HRG
REVIEW FILE FOR HRG ($7921)
0.70
65
45.50
NMW
PREP OF
LTR TO HERSCH 15961 SW 76)
0.30
65
19.50
2
'
SOUTH MIAMI POLICE DEPT., THRU MARCH
15, 1995
CSE DATE
ATY
SERVICE
DESCRIPTION
TIME
RATE
TOTAL
___ ______
___
JRW
________
PREP OF
____________________________
PREP OF LTR TO CAPT
FELDMAN
_______
1.00
____
65
_________
65.00
RE ABANDONED/LOST
CELLULAR PHONE
950314
LFH
REC REV
N/FILING EXHIBITS TO
REQUEST
1.00
65
65.00
FOR PRELIM ADV. HRG
(7221 SW 58)
LFH
FILE REV
TO PREP PROBABLE CAUSE
HRG
1.00
65
65.00
(7221 SW 58)
LFH
ATT CONF
DET. STEIN (7221 SW
58)
1.50
65
97.50
LFH
ATT HRG
PROBABLE CAUSE HRG (7221
SW
1.50
65
97.50
58)
LFH
TELCON
DET. STEIN (7221 SW
58)
0.20
65
13.00
950315
LFH
PREP OF
LTR TO CAPT FELDMAN
(5961 SW
0.30
65
19.50
76)
Total:
_______________
31.60
2,054.00
Page 3
SOUTH MIAMI POLICE DEPT., OFFICE COSTS, THRU MARCH 15, 1995
CSE DATE
730 950228
950315
1�
SERVICE
DESCRIPTION
RATE
________
PHOTOCPY
--------------- _---------
BLACK'S COPY (5961 SW 76)
________
181.05
PHOTOCPY
PHOTOCOPY 021695/022895
14.00
POSTAGE
POSTAGE 021695/022895
1.74
FAX
FACSIMILE 021695/022895
2.25
PHONE
LD CALLS THRU 021595
1.31
PARKING
NAT'L CREDIT GROUP
6.00
FAX
FACSIMILE 030195/031595
18.00
POSTAGE
POSTAGE 030195/031595
3.71
PHOTOCPY
PHOTOCOPY 030195/031595
61.25
Pa qe 1
________________
Total: 289.31
________________
PARENTI, FALK, WAAS & FRAZIER
Captain Greg Feldman
City of South Miami Police Department
6130 Sunset Drive
South Miami, Florida 33143
RE: CITY OF SOUTH MIAMI POLICE DEPARTMENT
Our File No. 00730 -GPF
Our IRS No. 59- 2361828
INTERIM BILLING STATEMENT
Billing Period: 2 -16 -95 thru 3 -15 -95
FEES FOR PROFESSIONAL SERVICES RENDERED: $2054.00
(see computer ledger sheet attached)
OFFICE COSTS: 289.31
TOTAL: $2343.31
TOTAL HOURS:31.60 @$ 65.00 1hr.
BALANCE FROM PREVIOUS BILL: $3703.95
(2 -23 -95 Interim Bill)
TOTAL AMOUNT DUE: $6047.26
ATTORNEYS NORMAN M. WAAS, LESLIE F. HECKER & SCOTT E. SOLOMON PERFORMED
SERVICES................................. ............0..................
P�
ATTORNEYS AT LAW
MICHAEL P. BONNER
113 ALMERIA AVENUE
SUITE 135
ARMANDO CORTINA
CORAL GABLES, FLORIDA 33134
ONE MEMORIAL CENTER
GLENN P. FALK
TELEPHONE (305) 4d7 -6500
4919 MEMORIAL
GREGORY G. FRAZIER
.TELEFAX (305) 447 -1777
TAMPA, FLORIDA 33634
J. DAVID GALLAGHER
TELEPHONE (813) 889 -8250
LESLIE F. HECKER
TELEFAX (813) 885 -5588
EDWARD HERNANDEZ
MICHAEL S. HOWARD
LEE E. LEVENSON
GAIL LEVERETT PARENTI
MARATHON OFFICE (305) 743 -1982
MICHAEL J. PARENTI, III
SCOTT E. SOLOMON
NORMAN M. WAAS
March 24, 1995
PLEASE REPLY TO:
JULIE R.R. WAAS
OF COUNSEL
- CORAL GABLES
Captain Greg Feldman
City of South Miami Police Department
6130 Sunset Drive
South Miami, Florida 33143
RE: CITY OF SOUTH MIAMI POLICE DEPARTMENT
Our File No. 00730 -GPF
Our IRS No. 59- 2361828
INTERIM BILLING STATEMENT
Billing Period: 2 -16 -95 thru 3 -15 -95
FEES FOR PROFESSIONAL SERVICES RENDERED: $2054.00
(see computer ledger sheet attached)
OFFICE COSTS: 289.31
TOTAL: $2343.31
TOTAL HOURS:31.60 @$ 65.00 1hr.
BALANCE FROM PREVIOUS BILL: $3703.95
(2 -23 -95 Interim Bill)
TOTAL AMOUNT DUE: $6047.26
ATTORNEYS NORMAN M. WAAS, LESLIE F. HECKER & SCOTT E. SOLOMON PERFORMED
SERVICES................................. ............0..................
P�
Page 1
SOUTH MIAMI POLICE DEPT., THRU MARCH 15,
1995
CSE DATE
ATY
SERVICE
DESCRIPTION
TIME
RATE
TOTAL
730 950216
NMW
REC REV
CLAIMANT'S M/DISMISS (5961
1.00
65
65.00
SW 76)
NMW
REC REV
CLAIMANT'S RESP TO PET.
0.90
65
58.50
(5961 SW 76)
NMW
REC REV
R/P TO S.MIAMI (5961 SW 76)
0.60
65
39.00
NMW
REC REV
LTR FM HERSCH (5961 SW 76)
0.30
65
19.50
LFH
PREP OF
STIP & ORDER OF DISMISSAL
0.30
65
19.50
(92 NISSAN)
950221
LFH
FILE REV
TO PREP CONF W/ J. SWOPE (RE
2.00
65
130.00
P/C HRG)
LFH
TELCON
MR SWOPE
0.20
65
13.00
LFH
REC REV
R/R ENTIRE FILE FM ATTY
3.50
65
227.50
GEN'L
LFH
PREP OF
ORDER FINDING PROBABLE CAUSE
0.40
65
26.00
(5961 SW 76)
950222
LFH
TELCON
MR DANIELS RE PROBABLE CAUSE
0.20
65
13.00
HRG (7221 SW 58)
950223
NMW
PREP OF
LTR TO FELDMAN (5961 SW 76)
0.30
65
19.50
NMW
PREP OF
LTR TO GALLOP - RE BILLING
0.60
65
39.0O
NMW
PREP OF
REPLY (5961 SW 76)
0.40
65
26.00
LFH
TELCON
R. GROSS RE SETTLEMENT
0.20
65
i3.00
950227
LFH
REC REV
N/HRG (5961 SW 76)
0.30
65
19.50
950228
LFH
REC REV
ORDER ON M/WITHDRAW (7221 SW
0.30
65
19.50
58)
LFH
REC REV
M/WITHDRAW (7221 SW 58)
0.30
65
19.50
NMW
TELCON
CAPT FELDMAN (RE CARTER
0.30
65
19.5�
HOUSE)
NMW
PREP OF
LTR TO FELDMAN (5961 SW 76)
0.30
65
19.50
NMW
PREP OF
LTR TO HERSCH (5961 SW 76)
0.30
65
19.50
950301
LFH
REC REV
ORDER FINDING PROBABLE CAUSE
0.30
65
19.50
(5161 SW 76)
950303
NMW
REC REV
LTR FM HERSCH (5961 SW 76)
0.30
65
19.50
950306
LFH
TELCON
MR GALIZAR RE STATUS OF
0.20
65
13.00
FOFTEITURE (7221 SW 53)
' 950307
LFH
TELCON
CAPT FELDMAN RE PROBABLE
0.20
65
13.00
CAUSE HRG (7221 SW 58)
_
LFH
TELCON
MR SWOPE RE MS ALTRECT, MR
0.40
65
26.00
Page 1
Sc:�OUTH MIAMI POLICE DEPT., THRU MARCH 15. 1995
CSE DATE
ATY
SERVICE
DESCRIPTION
TIME
RATE
TOTAL
___ ______
___
________
____________________________
PARVELS & MS MULLIGAN
_______
____ _________
(7221 SW 58)
LFH
REC REV
N/HRG (7221 SW 58)
0.30
65
19.50
950308
LFH
TELCON
CAPT FELDMAN RE P.C. HRG
0.20
65
13.00
($7291)
LFH
LFGRES
RE WHETHER LEASEHOLDER IS A
2.00
65
130.00
BONA FIDE LIENHOLDER
UNDER FORFEITURE ACT FOR
MEMO OF LAW & P. C. HRG
LFH
REC REV
R/R BUSINESS LEASE BETWEEN
0.80
65
52.00
JOWHAL & HANGING BASKET
& ORDER RE DEPOSIT OF
RENTS (7221 SW 58)
LFH
MISC
REVIEW OFFICIAL RECS FOR
0.50
65
32.50
COPY OF LEASE (RECORDED)
(7221 SW 58)
LFH
LEGRES
CONT'D RESEARCH RE BONA FIDE
0.50
65
32.50
LIENHOLDER (7221 SW 58)
LFH
PREP OF
LTR TO CAPT FELDMAN (7221 SW
0.30
65
19.50
58)
LFH
PREP OF
LTR TO CAPT FELDMAN ($7921)
0.30
65
19.50
LFH
PREP OF
LTR TO JUDGE SIMONS ($7921)
0.30
65
19.50
950309
LFH
PREP OF
LTR TO CAPT FELDMAN (7221 SW
0.30
65
19.50
58)
LFH
PREP OF
LTR TO T. DANIELS (722 SW
0.30
65
19.50
58)
LFH
PREP OF
LTR TO INVESTIGATOR SWOPE
0.30
65
19.50
950310
LFH
TELCON
MR WEISER RE PROBABLE CAUSE
0.20
65
13.00
HRG (7221 SW 58)
LFH
MISC
FINALIZE MEMO OF LAW RE
1.50
65
97.50
HANGING BASKET (7221 SW
58)
950312
JRW
LEGRES
F.S.932.701 & 705.103 TO
2.00
65
130.00
RESP TO CAPT FELDMAN'S
INQUIRY RE CLAIM AS TO
CELLULAR PHONES
950313
LFH
TELCON
DET. STEIN RE HRG ($7921)
0.20
65
13.00
LFH
PRE HRG
REVIEW FILE FOR HRG ($7921)
0.70
65
45.50
NMW
PREP OF
LTR TO HERSCH (5961 SW 76)
0.30
65
19.50
Page 2
SOUTH MIAMI POLICE DEPT., THRU MARCH 15, 1995
CSE DATE
ATY
SERVICE
DESCRIPTION
TIME
_______
RATE
____
TOTAL
---------
___ ______
___
JRW
________
PREP OF
----------------------------
PREP OF LTR TO CAPT
FELDMAN
1.00
65
65.00
RE ABANDONED/LOST
CELLULAR PHONE
950314
LFH
REC REV
N/FIL1NG EXHIBITS TO REQUEST
1.00
65
65.00
FOR PRELIM ADV. HRG
(7221 SW 58)
LFH
FILE REV
TO PREP PROBABLE CAUSE HRG
1.00
65
65.00
(7221 SW 58)
LFH
ATT COW
DET. STEIN (7221 SW
58)
1.50
65
97.50
LFH
ATT HRG
PROBABLE CAUSE HRG
(7221 SW
1.50
65
97.50
58)
LFH
TELCON
DET. STEIN (7221 SW
50)
0.20
65
13.00
950315
LFH
PREP OF
LTR TO CAPT FELDMAN
(5961 SW
0.30
65
19.50
76)
_______________
Total:
_______________
31.60
_________
2,054.00
_________
Page :7,
- SOUTH MIAMI
POLICE DEPT.,
OFFICE COSTS, THRU MARCH 15,
1995
CSE DATE
______
SERVICE
DESCRIPTION
RATE
730 950228
________
PHOTOCPY
_________________________
BLACK'S COPY (5961 SW 76)
________
181.05
PHOTOCPY
PHOTOCOPY 021695/022895
14.00
POSTAGE
POSTAGE 021695/022895
1.74
FAX
FACSIMILE 021695/022895
2.25
PHONE
LD CALLS THRU 021595
1.31
PARKING
NAT'L CREDIT GROUP
6.00
950315
FAX
FACSIMILE 030195/031595
18.00
POSTAGE
POSTAGE 030195/031595
3.71
PHOTOCPY
PHOTOCOPY 030195/031595
61.25
Page 1
________________
Total: 289.31
________________
1
2
3
4
5
6
7
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, APPROVING CITY ATTORNEY FEES IN
THE AMOUNT OF $5,623.61 TO BE CHARGED TO ACCOUNT NO.1500-
3410.
WHEREAS, the South Miami City Commission approved Resolution
no. 99 -94 -9500 authorizing the payment of City Attorney non -
retainer legal fees and costs;
WHEREAS, the City Attorney submitted the invoices for fees and
costs which are attached to this resolution; and,
WHEREAS, the City of South Miami approves the attached
invoices.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Attorney's invoices for legal fees and
costs, which are annexed and made a part of this resolution as
composit App.l., are approved for payment.
Section 2. The amount of $5,623.61 will be charged to account
no. 1500 - 3410; City Attorney- Consulting.
Section 3. This resolution will be effective upon passage.
PASSED AND ADOPTED this day of April, 1995.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
e«.,cs
APPROVED:
MAYOR
RAUL.A. ARENCIBIA
GUY B. BAILEY, JR,
ELIZABETH S. BAKER
KATHY J. BIBLE
SCOTT L. CAGAN
TIMOTHY CONE
STEVEN CARLYLE CRONIG
JAMES C. CUNNINGHAM, JR.
RICHARD M. DAVIS
EARL G. GALLOP
JUDITH B. GREENE
JEROME M. HESCH
RICHARD H. HUNT, JR.
BRUCE HURWITZ
JESSE C. JONES
ADAM O. KIRWAN
KARIN B. MORRELL
Mr. Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
BAILEY HUNT & .JONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
COURVOISIER CENTRE • SUITE 300
501 BRICKELL KEY DRIVE
MIAMI, FLORIDA 33131-26?-3
TEL. (305) 374 -5505
FAX (305) 374 -6715
March 21, 1995
Re: Invoice for Costs Incurred (Under $1,000.00)
City of South Miami
Our File No.: 9447 -00
Dear Mr. Oshikoya:
OF COUNSEL
LAWRENCE S. EVANS
J. BRUCE IRVING
ROBERT E. SCHUR
SENIOR COUNSEL
WM. R. DAWES
GEORGE J. SAYA
(INACTIVE)
Enclosed is our invoice for costs incurred, in the amount of
$102.83, for the month of February, 1995.
Please issue a check to Bailey Hunt & Jones for the amount,
and charge account no. 1500 -3410 CONSULTING - LEGAL.
EGG:sgs
Enclosure
9447cost.bil
i�
Very truly yours,
arl G. Gallop
BAILEY HUNT & .BONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT _AW
COURVOISiER CENTRE • SUITE .300
501 SRICKELL KEY DRIVE
MIAMI, FLORIDA 3313{ -2623
TEL (30S) 374 - 55CS
FAX (305) 37--67!5
City of South Miami
6130 Sunset Drive
c/o William F. Hampton
South Miami, Florida 33143
FOR PROFESSIONAL SERVICES RENDERED:
March 21, 1995
Matter: 944700
South Miami, City of -
Municipal Law
-------------------- - - - - --
For Disbursements Incurred:
-------------------- - - - - --
02/17/95 Esquire Express Inv. #13389 $ 11.45
02/28/95 Photocopies (in- house) for the month 33.90
of February
02/28/95 Facsimile charges for the month of February 52.00
02/28/95 Postage for the month of February 5.48
Recapitulation
-------- - - - - --
For Disbursements Incurred
6
$ 102.83
RAUL A. ARENCIBIA
GUY B. BAILEY, JR.
ELIZABETH S. BAKER
KATHY J. BIBLE
SCOTT L. CAGAN
TIMOTHY CONE
STEVEN CARLYLE CRONIG
JAMES C. CUNNINGHAM, JR.
RICHARD M. DAVIS
EARL G. GALLOP
JUDITH B. GREENE
JEROME M. HESCH
RICHARD H. HUNT, JR.
BRUCE HURWITZ
JESSE C. JONES
ADAM O. KIRWAN
KARIN B. MORRELL
Mr. Ed Cox
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
BAILEY HUNT & JONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
COURVOISIER CENTRE • SUITE 300
501 BRICKELL KEY DRIVE
MIAMI, FLORIDA 33131 -2623
TEL. (305 ) 374 -5505
FAX (305) 374 -6715
March 17, 1995
Re: STATEMENT FOR PROFESSIONAL SERVICES
City of South Miami
Our File Nos.: 9447 -01 - 9447 -07
Dear Mr. Cox:
OF COUNSEL
LAWRENCE S. EVANS
J. BRUCE IRVING
ROBERT E. SCHUR
SENIOR COUNSEL
WM. R. DAWES
GEORGE J. BAYA
(INACTIVE)
Enclosed are our statements for professional services rendered
and for costs advanced for the month of February, 1995. Please
place this statement on the agenda of the next City Commission
meeting for approval. I tabulated the amounts due on each
individual file as follows:
9447 -01 Marshall Apartments
9447 -02 Valenti
9447 -03 Mandelstam v. CSM
9447 -04 Lien Foreclosures
V]
Prof11 Services
Disbursements
Previous Balance
Total Due
Prof11 Services
Disbursements
Previous Balance
Total Due
Prof11 Services
Disbursements
Previous Balance
Total Due
Prof'1 Services
Disbursements
Previous Balance
Total Due
$ 0
11.45
0
11.45
$ 0
0
0
$ 0
$ 5,068.50
60.011
$ 6, 1.51"
$ 0
/95'0. �7
$ 0 'i "I,
Mr. Ed Cox
March 17, 1995
Page -2-
9447 -05
Melton v. CSM
Prof'l Services
$
96.25
Disbursements
0
Previous Balance
0
Total Due
$
96.25
9447 -06
Bakery Centre
Prof11 Services
$
271.25
Disbursements
13.32
Previous Balance
59.0 4
Total Due
$
443.57
9447 -07
General Real Estate
Prof11 Services
$
0
Disbursements
0
Previous Balance
0
Total Due —__._
$
0
CURRENT TOTAL
DUE $ 5,520.78
PREVIOUS BALANCE 1,382.00
TOTAL DUE
$ 6,902.78
Do
not hesitate to call me if
you have any questions
regarding
these statements.
EGG:sgs
Enclosures
944700.bi1
Very truly yours,
Earl G. Gallop
BAILEY HUNT & JONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
C _F'g'Y OF' SOUTH M:EAMT
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: March 29, 1995
Agenda Item #
From: Eddie Cox, Re: Revision to Admin..
City Manager Waiver Ordinance,
PB -95 -003
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15 -94 -1564, CREATING SECTION
20 -5.10 OF THE LAND DEVELOPMENT CODE TO PROVIDE FOR ADMINISTRATIVE
WAIVER APPROVAL PROCEDURES, TO AUTHORIZE WAIVER OF LOT SIZE AND
FRONTAGE REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The City Commission adopted an ordinance in October of 1994 which
amended the Land Development Code to establish a process for non-
use administrative waivers. Three administrative waivers have
since been approved. The proposed ordinance adds frontage
dimensional requirements to the definition of "non -use waiver"
Section 20 -5.10 (A)(2), adds minimum lot size (net area) to the
definition, and establishes the standard that minimum lot size not
be reduced by more than 10 percent of that otherwise required by
code.
The Planning Board voted 4:1 to approve the ordinance, and voted
5:0 to approve an amendment to insert the word "lot" as follows to
Section 20 -5.10 (C)(1)(f):
"Required minimum net lot area (sq. ft.) is not reduced by
more than 10 percent of that required under the dimensional
requirements of this code."
The Planning Board's amendment provides clarification. The
ordinance proposes minor but important improvements to the adopted
administrative waiver ordinance. Adding net lot area to the
administrative waiver ordinance should serve to allow some
residential infill development that would otherwise be precluded.
RECOMMENDATION
Approval of the ordinance and of the amendment approved by the
Planning Board.
N
1 ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15 -94-
4 1564, CREATING SECTION 20 -5.10 OF THE LAND DEVELOPMENT
5 CODE TO PROVIDE FOR ADMINISTRATIVE WAIVER APPROVAL
6 PROCEDURES, TO AUTHORIZE WAIVER OF LOT SIZE AND FRONTAGE
7 REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
8 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
9 WHEREAS, Ordinance No. 15 -95 -1564 was adopted on October 4,
10 1994, creating Section 20 -5.10 of the Land Development Code to
11 authorize administrative waiver approval procedures for certain
12 land development requirements; and,
13 WHEREAS, the land development requirements for which
14 administrative waivers are authorized did not include lot size and
15 frontage requirements; and,
16 WHEREAS, the Mayor and the City Commission find that it is in
17 the public interest to authorize administrative waivers for lot
18 size and frontage requirements.
19 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
21 Section 1. Ordinance No. 15 -94 -1564, creating Section 20-
22 5.10 of the Land Development Code, is amended to read:
23 20 -5.10 ADMINISTRATIVE WAIVER APPROVALS
24 (A) Authority to Grant Administrative Waiver Approvals
25
(1) The City Manager shall have the authority to grant
26
"non -use waiver" requests pursuant to the
27
guidelines, standards and limitations contained in
28
this section.
29
(2) A "non -use waiver" is defined to mean a
30
discretionary administrative action relaxing the
31
application of minimum lot size (net area),
32
frontage dimensional requirements, principal
33
building setbacks, building spacing, building
34
coverage, impervious coverage, parking
35
requirements, screen enclosure setbacks, swimming
36
pool setbacks, whirlpool spa setbacks, canopy
37
carport setbacks, and accessory structure setbacks,
38
as contained within the Land Development Code which
39
have no relation to a change in use of the property
40
or structure in question.
1 (B) Guidelines
2
In
granting the waiver and issuing the permit, the City
3
Manager shall find:
4
(1)
The waiver will be in harmony with the general
5
appearance and character of the neighborhood and
6
the entire community.
7
(2)
The waiver will not be injurious to the area
8
involved or otherwise detrimental to the public
9
welfare.
10
(3)
The proposed addition is designed and arranged on
11
the site in a manner that minimizes aural and
12
visual impact on the adjacent residences while
13
affording the applicant a reasonable use of the
14
land.
15
(4)
The waiver will be consistent with City of South
16
Miami's Comprehensive Plan.
17
(C) Standards
18
Notwithstanding any other provisions of this code,
19
(1)
In the RS -1 (Estate Residential), the RS -2 (Semi -
20
Estate /Large Lot Residential), the RS -3 (Low
21
Density /Medium Lot Single - Family. Residential), the
22
RT -6 (Townhouse Residential), the RT -9 (Two -
23
Family /Townhouse Residential), the RM -18 (Low
24
Density Multi - Family Residential), the RM -24
25
(Medium Density Multi- Family Residential), upon
26
application duly made, the City Manager may approve
27
a request to reduce the required spacing between
28
buildings, a request to increase maximum building
29
coverage, or a request to increase maximum
30
impervious coverage from those requirements
31
specified in the Land Development Code, providing
32
that the request does not exceed the following
33
limitation:
34
(a) No setback is reduced below 70 percent of that
35
normally required.
36
(b) Spacing requirements between buildings are not
37
reduced below 80 percent of that normally
38
required.
39
(c) Building coverage is not increased by more
40
than twenty (20) percent of that normally
41
permitted.
2
t�1
1
(d) Impervious coverage is not increased by more
2
than twenty (20) percent of that normally
3
permitted.
4
(e) Required lot frontage is not reduced by more
5
than 5 percent of that normally required, and
6
that in no case shall any lot be created with
7
a lot frontage of less than 50 feet.
8
(f) Required minimum net area (sq. ft.) is not
9
reduced by more than 10 percent of that
10
required under the dimensional requirements of
11
this code.
12
(2) In any district, upon application duly made, the
13
City Manager may approve a waiver request for the
14
reduction of the provision of required parking
15
spaces for any property designated as an historical
16
site pursuant to Section 20 -5.17 of the Land
17
Development Code, providing that the waiver does
18
not reduce the number of parking spaces provided
19
below thirty (30) percent of that normally
20
required. Furthermore, the requirements of
21
Paragraph D of this Section shall not apply to a
22
designated historical site.
23
(3) The City Manager may approve a waiver request to
24
reduce e_ the setback requirements for screen
25
enclosures, tennis courts, swimming pools,
26
whirlpool spas, canopy carports and accessory
27
structures, providing that no setback is reduced
28
below 70 percent of that normally required.
29
(D) Limitation
30
Waiver approvals shall be limited to a single request
31
which is applied to an individual lot, where such lot is
32
located within an area where at least 75 percent of the
33
lots in a radius of 300 feet from the subject property
34
have already been developed.
35
(E) Review Procedures
36
(1) Application for a waiver request shall be made by
37
the fee owner of the property on a form prescribed
38
by the Building, Zoning and Community Development
39
Department and shall be submitted to the
40
Department. The application shall include a
41
current survey and an accurately and fully
42
dimensioned site plan showing the existing
43
structures on the property, the location of the
44
proposed construction, and the location and use of
3
c1
1
existing structures on the adjacent properties from
2
which the waiver is being requested. The
3
application shall include a letter of intent
4
explaining the reason and justification for the
5
proposed construction and waiver request. The
6
application shall be accompanied by:
7
(a) The written consent of all the property owners
8
of all adjacent or abutting lots to the
9
subject property, and
10
(b) The written consent of all the property owners
11
of all lot(s) immediately across the street
12
from the property for setbacks facing public
13
rights -of -way.
14
(2) Upon receipt of the application for a waiver, the
15
City Manager, prior to making his decision, shall
16
have a staff member of the Department inspect the
17
site of the property and the surrounding properties
18
to determine what impact, if any, the proposed
19
construction will have on the area. The staff
20
member shall attempt to personally contact the
21
residents and /or owners of the adjacent properties
22
including the property or properties immediately
23
across all adjacent streets, for the purpose of
24
collection additional information relevant to the
25
application.
26
(3) Upon receipt of all necessary information including
27
staff reports, the City Manager shall review the
28
information and render his decision either
29
approving, modifying or denying the request. A
30
copy of the decision shall be published in a
31
newspaper of general circulation. A waiver shall
32
not be effective until fifteen (15) days after the
33
City Manager's decision is published in a newspaper
34
of general circulation. A courtesy notice
35
containing the decision of the City Manager may be
36
mailed to adjacent and abutting property owners of
37
records, their tenants, or their agents, that are
38
identified on the application. Failure to mail or
39
receive such courtesy notice shall not affect any
40
action or proceedings taken under this section.
41 (4) In granting any waivers, the City Manager may
42 prescribe appropriate conditions and safeguards as
43 the City Manager may feel necessary to protect and
44 further the interests of the abutting properties,
45 the neighborhood area, or the entire community
46 which may include but not be limited to the
47 following:
0
UI
1
(a) landscape materials, walls, and fences for
2
visual and acoustical buffering,
3
(b) modification of the orientation of proposed
4
openings in structures, and /or
5
(c) modification of the arrangement and location
6
of structures on the site.
7
(5)
Granting of an administrative waiver shall be
8
recorded in the official public records of Metro-
9
Dade County, by the applicant, a copy of which
10
shall be filed in the records of City of South
11
Miami's Building, Zoning & Community Development
12
Department.
13
(F) Appeals
14
(1)
The applicant, or any aggrieved property owner in
15
the City of South Miami, may appeal decisions of
16
the City Manager to the City Commission under § 20-
17
6.1(E) of the Land Development Code. An
18
administrative appeal must be filed within 15 days
19
following the publication of the City Manager's
20
decision.
21
(2)
In the event that an appeal is filed by any
22
aggrieved property owner within the City of South
23
Miami, the City manager may stop or suspend any
24
construction authorized by the waiver, until a
25
decision has been made on the appeal. In the event
26
the City Manager should determine that the
27
suspension of the construction could cause imminent
28
peril to life or property the City Manager may
29
permit the construction to continue upon such
30
conditions and limitations, including furnishing of
31
an appropriate bond, as may be deemed proper under
32
the circumstances.
33
Section
2. if any section, clause, sentence, or phrase of
34
this ordinance
is for any reason held invalid or unconstitutional
35
by a court of
competent jurisdiction, the holding shall not affect
36
the validity
of the remaining portions of this ordinance.
37
Section
3. All ordinances or parts of ordinances in
38
conflict with
the provisions of this ordinance are hereby repealed.
39
Section
4. This ordinance shall take effect immediately at
40
the time of its
passage.
41
PASSED AND ADOPTED this day of 1995.
,
5
9
1
2
3
4
5
6
7
8
9
10
1
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
admnwaiv.ord
a
APPROVED:
MAYOR
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Dean Mimms, AICP
Director of BZCD Dept
From: Bill Mackey u
Planner
REQUEST:
Applicant: Mayor & City Commission
Date: March 10, 1995
Re: PB -95 -003: Commission
Admin. Waiver Revision
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15 -94 -1564,
CREATING SECTION 20 -5.10 OF THE LAND DEVELOPMENT CODE TO
PROVIDE FOR ADMINISTRATIVE WAIVER APPROVAL PROCEDURES, TO
AUTHORIZE WAIVER OF LOT SIZE AND FRONTAGE REQUIREMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The City Commission desires to amend the existing administrative waiver procedures in order
to allow applicants to apply for either a waiver of required lot size (area) or a waiver of required
street frontage so that applicants, who can obtain the signatures of the immediately adjacent
neighbors and approval from the City Manager, will be permitted to subdivide residential
property, create lots smaller in area or street frontage than are otherwise required, and build new
homes on these new lots within the City of South Miami.
RECOMMENDATION:
Staff recommends that the Planning Board vote to recommend approval of this application.
COMPREHENSIVE PLAN:
The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan.
SAPPLICABLE REGULATIONS: Section 20 -5.10 of the Land Development Code.
ORDINANCES - FIRST READING
ORDINANCE NO.
14) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15 -94 -1564
CREATING SECTION 20 -5.10 OF THE LAND DEVELOPMENT CODE TO
PROVIDE FOR ADMINISTRATIVE WAIVER APPROVAL PROCEDURES, TO
AUTHORIZE WAIVER OF LOT SIZE AND FRONTAGE REQUIREMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT AND PROVIDING AN EFFECTIVE DATE.
Moved by Mayor Carver, seconded by Commissioner Cunningham,
that this be the first consideration of the ordinance and it be
placed on second reading and public hearing after consideration by
the Planning Board.
Moved by Mayor Carver, seconded by Commissioner Cunningham,
that an amendment be made to page 3, paragraph 3, subsection (f)
changing the minimum net area from 5% to 10 %:
(f) Required minimum net area (sq. ft.) is not reduced by
more than 10 percent of that required under the
dimensional requirements of this code.
Motion passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea;
Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner
Cunningham, yea.
Moved by Commissioner Bass, seconded by Commissioner Cooper,
that Page 1, (A), subsection (2) be amended, third line:
remove "and" and replace it with a comma (,)
Motion passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea;
Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner
Cunningham, yea.
Motion on ordinance, as amended, passed 5/0: Mayor Carver,
yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner
Cooper, yea; Commissioner Cunningham, yea.
Mayor Carver explained that when an applicant needs a small
amount of variance, as in the recent case where the curvature of
the road made conformity to the lot size an impossibility, this
administrative waiver would come into play.
10
[•3
M I N U T E S
P L A N N I N G B O A R D
TUESDAY, MARCH 14, 1995
CITY COMMISSIONERS' CHAMBERS
7:30 PM
I. Call to order and the Pledge of Allegiance to the Flag of the
United States of America.
II. Roll Call.
PR
P.
O.
J.
S.
C.
ESENT
Eisenhart
Kerr
Lef ley
Basu
Thorner
Also Present: Bill Mackey, Planner; David Struder, Secretary.
III. Public Hearings:
PB -95 -003
Applicant: Mayor & City Commission
Request: An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending ordinance No.
15- 94- 1564, creating Section 20 -5.10 of the Land
Development Code to provide for administrative
waiver approval procedures, to authorize waiver of
lot size and frontage requirements; providing for
severability; providing for ordinances in conflict;
and providing an effective date.
Mr. Basu read the request. Staff confirmed that the application
represents a change to the previously adopted administrative waiver
ordinance. Staff recommended approval of the application.
Public hearing was opened. There being no one wishing to speak
either for or against the application, public hearing was closed
and executive session was opened.
Mr. Lefley suggested that the word "lot" be added to the language
of section (C), Standards, subsection (f) on page 3. Upon Mr.
Lefley's inquiry in reference to section (D), Limitation, staff
confirmed that waiver requests are limited to one item per a single
request, per property.
Mr. Eisenhart stated that he would favor approval of allowing more
than one item per a single request.
PB Min 3/14/95
N.
1
The Board and staff reviewed the language of section (E), Review
Procedures, number (2), confirming that it is the applicant who
notifies property owners about the request when obtaining written
consent of those owners adjacent or abutting the lot in question.
(Those property owners immediately across the street from the
subject property are notified only in cases involving setbacks
facing the ROW.) Prior to approval of the application,
staff attempts to contact these specific owners in order to perform
any follow -up work that may be necessary.
Motion: Mr. Lef ley moved to approve the application. Mr. Kerr
seconded the motion.
Upon discussion, Mr. Eisenhart suggested that the motion be amended
in order that the word "lot" be added to section (C), Standards,
number (1), subsection (f) on page 3, so that the language reads:
"Required minimum net lot area (sq. ft.) is not reduced
by more than 10 percent of that required under the
dimensional requirements of this code."
Mr. Kerr seconded the amendment.
Mr. Eisenhart also suggested that the motion be amended in order
that section (D) read as follows:
"Waiver approvals shall not be limited to a single
request...."
Mr. Basu seconded the amendment. Upon discussion, Mr. Basu
inquired about the number of items that may be considered as
reasonable, per a single request. The Board discussed at length
the number of items and the nature of the items that would be
considered as part of a single request.
Ms. Thorner suggested that the single item per single request
limitation be retained for the immediate future, with the
understanding that the Board could reconsider the issue at a later
date.
The Board voted on the proffered amendments separately.
Vote to add the word "lot" to language:
Approved: 5 Disapproved: 0
Vote to add the word "not" to language:
PB Min 3/14/95
Approved: 1 Disapproved: 4
(Mr. Eisenhart)
2
At the close of the voting on the amendments, Mr. Eisenhart
suggested amending the motion to limit the number of items per a
single request to two.
Amendment to limit the number of items per single request to two
died for lack of a second.
The Board then voted on the main motion to approve the request.
Vote: Approved: 4 Disapproved: 1
(Mr. Eisenhart)
IV. Approval of the Minutes of February 28, 1995.
Mr. Eisenhart noted that concurrence of his suggestion to obtain
an accurate population count for the City be included in the
minutes.
Motion: Mr. Basu moved to approve the minutes as amended. Ms.
Thorner seconded the motion.
Vote Approved: 4 Abstention: 1
(Mr. Kerr)
V. Remarks.
1. Board vacancies:
Upon Mr. Kerr's inquiry, staff confirmed that the City will make
every effort to fill the two vacancies created by the recent .
resignations of Mr. Gutierrez and Mr. Ribas. Staff explained that
those individuals who wish to be considered for appointment to the
Board may submit his or her resume to the City Clerk's office.
2. Administrative waiver applications:
Mr. Basu suggested that the Board examine and analyze variance
requests received by the City, in any reconsideration of the number
of items that may be approved per a single administrative variance
application.
3. Quorum for meetings:
Staff continued to emphasize the importance of obtaining quorum
throughout the EAR process.
VI. Adjournment.
Chairperson
PB Min 3/14/95
N0
Secretary
9
To:
From:
.ar.
® CITY ®F SOUTH NI =AM=
INTER - OFFICE MEMORANDUM
Mayor and City Commission Date: March 17, 1995
Eddie Cox
City Manager
Agenda Item 1 17
Re: Comm. Mtg. 03/21/95
Plan Review
Once a permit application is received, the plans are reviewed by
inspectors for all applicable disciplines. If the information
submitted does not comply with the South Florida Building Code
(5FBC), one or more inspectors will reject the application and
write up a comment sheet explaining the deficiency.
Occasionally, applicants, or their architects and engineers,
resubmit applications and do not address the deficiencies indicated
on the comment sheet.
The proposed ordinance would institute a charge to the applicant,
beginning with the third submittal if corrections have not been
made. The City would then be compensated for the expense for
additional time spent by inspectors reviewing plans more than twice
for each application.
I recommend approval.
EC:er
Attachment
a\PkAMVWW.ma
9 - -
1 ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 14 -90-
4 1454, SECTION (H), BY ADDING A NEW SUBSECTION 7 - FEE FOR
5 PLAN REVIEW; PROVIDING FOR SEVERABILITY; PROVIDING FOR
6 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
7 WHEREAS, on or about August 21, 1990, the City of South Miami
8 enacted Ordinance No. 14 -90 -1454 providing, inter alia for permit
9 fees for all construction projects; and,
10 WHEREAS, the Mayor and the City Commission wish to amend the
11 aforesaid Ordinance by creating a new fee for plan review; and
12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
14 Section 1. That subsection 7 be added to Section (H) OTHER
15 FEES:
16 (H) OTHER FEES:
17 Z. PLAN REVIEW
18 REVIEW AFTER SECOND REJECTION $50.00
19 EACH ADDITIONAL REVIEW $75.00
20 Section 2. If any section, clause, sentence, or phrase of this
21 ordinance is for any reason held invalid or unconstitutional by a
22 court of competent jurisdiction, the holding shall not affect the
23 validity of the remaining portions of this ordinance.
24 Section 3. All ordinances or parts of ordinances in conflict with
25 the provisions of this ordinance are hereby repealed.
26 Section 4. This ordinance shall take effect immediately at the time
27 of its passage.
28
29 PASSED AND ADOPTED this day of March, 1995.
30 APPROVED:
31
32
33 ATTEST:
34
35
M-
37
38
39
R
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
aW mevi.md
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE OFFICE OF DEVELOPMENT,
PROVIDING FOR THE POSITION AND SALARY FOR A FULL TIME
ASSISTANT AND PROVIDING FOR IMPROVEMENTS TO THE BUILDING
LOCATED AT 6900 S. W. 59TH PLACE, SOUTH MIAMI, FLORIDA.
WHEREAS, the City of South Miami has adopted a resolution
establishing the Office of Development and allocated funds for that
purpose from the general fund and the Commission desires to
accomplish the objectives as outlined in the scape of services;
WHEREAS, the City Administration now requests the approval of
the City Commission to reallocate funds to upgrade the account
clerk position to a full time assistance and to reallocate
previously designed funds for salaries to expenses for the Office
of Development.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City of South
Miami authorize the City Administration to upgrade the position of
part time clerk typist to a full time planning assistant and
providing for reallocation of funds from Account No. 1810 -1110,
Salaries & Wages Executive; Account No. 1810 -1210, Salaries & Wages
Regular; and 1810 -1310, Salaries and Wages Part -time in an amount
not to exceed $14,560.00 for this position at the Office of
Community Development.
Section 2. Authorizing the expenditure of an amount not to
exceed $3,500 from Account No.1810- 1110, Salaries & Wages
Executive; 1810 -1210, Salaries & Wages Regular -and 1810 -1310,
Salaries and Wages, Part -time for improvements to the building for
the Office of Development located at 6900 S. W. 59th Place, which
improvements will include the painting of the interior and exterior
of the building and installation of modular - panels to create
offices.
PASSED AND ADOPTED this day of , 1995.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
NEIL CARVER, MAYOR
.If r 0P F067t' Jl
�PPICP 0�' '�q'[%'.'LP1�7T
To: Mr. E. Cox AV
Bill Pratt A
Date: 3117195
Subject: Office of
Development Modifications
This memo is a follow up to our discussion regarding the location of the Office Of
Development. It is my view that certain modifications to the building at 6900
S.W. 59th Place are necessary to better reflect the additional functions which
will be housed in this facility and the projected increase in use.
The improvements planned for the building are set in two phases:
-Phase I
Paint the interior and exterior of the building;
-Phase Il
Install modular panels to create open space offices.
Additionally, an upgrade of the part-time account clerk is requested changing
this position to full time as a Planning Assistant at $7.00 per hour, annual salary
of $11,560.00 the responsibilities would include preliminary budgets and special
assignments to facilitate project implementation.
To cover the cost of these changes, all available funds for the office have been
reviewed. As you know, the Commission approved salaries for staff from the
General Fund, and funds were also earmarked from OCD to cover grants
management. With Finance staff we have identified City funds that can be
reallocated to cover these costs. City funds initially allocated as salary, in the
amount of $18,000.00, have been designated for expenses. These funds will
more than cover the costs involved in these proposed improvements.
Attached also are quotes for painting and paneling that are the main upgrades
planned to provide a more finished appearance. The originals have been
forwarded to purchasing pending approval and final quotes.
P
Your attention to this matter is appreciated.
69P ;_ �Y 5XI) PY, _�ou //l JIJa1)71; PZ Pl�cY
10 Phofle.- 66�- 6109,- 665 -0Pl 7g..r
Ef
5819 S.W. 42 Terrace t
Miami; Florida 33155 ALLSTATE e
665•�A51 1
PAINTING SERVICES
Licensed $ Insured
CC* 16916
PROPOSAL SUBMITTED TO:
PHONE-
ll�G (� 65 01�
DATEI
.-
NAME COY 07- 5:0o-1 ff *A /btt� �
JOB NAM��pF�� �6UP7r )1
eiC AP 6
STREET:
116 5 (�+ sLS,f`7 1S 4
CITY
CITY,
STATE:
STATE: j
C/V V ll a!
Pl&d j ..
Wa I►arebr submit specifications and esfirnafes for: J 5;- /7 f 0e. /?
1 ° ` ovF Fv4q-,rt("pS 1,>&Ct �(,-�7j T 0t7i - -/l
Pe075�C7 ,ALL r406A:1PC PQc) ?rl ?I
p D, 't c +k wALU-S' AS 09rf >6r2.�.
P- f1,► tvri' L)Vd LU Lt.)► 1 +1 LC EYL II J-A7.Z.-,L
` of
p F Y x-1 P- we P R-6 U-t
�IbD• '°
WARAANTY
Allstate Painting Services, herebywsrrantsthattheworkuponcompl etioncomoil@* withtheabovespecifications .ThiswarrantyIsfor years. In the event of any deficiency,
within the scope of the origins; work charose for, become apparent. Allstate Painting Services will Correct the deficiency. This Warranty is net transferable.
We hereby 1)r000111e to furnish tabor and mafe6sk — tomplefe in accordanCe with the above ttp•eifieationt, for the tun+ at:
�doilsrs {S with osYment to be made at follows
0
S d
All material is guaranteed to bees specified. Ali work to be completed In a workmanlike manner according to eta ndard practices. Any alteration ordeviationfrom
above specifications involving extra costs, will be executed only upon written orders, and wiii become an extra charge over and above the estlmaW All
agreerrierits contingent upon strIkes, accidents or delaysbeyond ourcontrol,Thls wpoosall subject to acceptance within- daYSandisvoid thereafter at
the option of the undersigned, In the event of a conflict among the parties to cortipry with the terms -0 this'agreerl the prevailing party shall be entitled tc
recover the costs of the proceedings and reasonable attorney's fees.
Authorized 5iynetur• `'d'c �P�lrclt�, :•t:= f��1 7/z:�..�
ACCEPTANCE OF PROPOSAL
Tha above prices, specifications and conditions are hereby accepted. You ire aut6orited ie do the work as specified. Payment will be made
as outlined above_
ACCEPTED: I ® Signature
Dafa
Signature,
GALLOWAY OFFICE SUPPLIES
& EQUIPMENT
6802 SW 81st Street
MIAMI, FL 33143
(305) 665.2116
FAX (305) 665 -3398
TO CITY OF SOUTH MIAMI
6900 S.W. 59 PL.
SOUTH MIAMI, FL. 33143
CAREER COUNOELING
•C /O: BILL PRATT
1091
PI,EA$F INDICAT9 THE ABOVE NLIMepP WHEf< flr',C:,C'i < t•:�
!c/IE.SP�R ON t� �
p�JOTAT}QNDAt
'ART XVEND;�r�ti1'
2/2395 ( C►
INGVIRY.ATV INOVIRY NumseR 1
f E3YIMAYFD SMIpV1FI8A 3
3 -4 WEE S :. RUC.T�„ , r. .,J a ,.,0.u. 9.FICE
1 OVANTIiTV .. .:...,, DFsFtl�'"1 °b)v
tea
gf 2466 24x66 modular panel
17ea
gf 4266 42x66 modular panel
4ea
gf 4866 48x66 modular panel
tea
g£ 6066 60x66 modular panel
lea
gf 4842 48x42 modular panel
lea
g£ 6042 60x42 modular panel
lea
jj repct 1011 corner reception counter top
lea
i rcp 38 38,1 straight reception counter top
lea
II rcp 50 54° straight reception Counter top
lea
pbwc wall mounting connector
10ea
pb2 180' connector
6ea
pb2L 90'connector
lea
pb3 T connector
1pk
I cg carpet; grippers
note: all panels are in fabric code sr 220, color
sky blue with standard panel ends.
i YQRMB "~' ' � . ,
NET . ,.30
PRICE F n:aCaUN7
115. '0
0
135. 0
146. 0
104. 0
115. 0
107. 5
70. 5
77. 0
11.)o
5-)0
5.)0
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30.P0
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540.01 0
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115. 0
107. 5
70.P5
77. PO
77. 0
50. 0
30,0
5su'_
$3952
INE OU ARE PLEASED
SV TO 8l1aMIT The Aeovp QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE t�u� -F?;;,.e�T ATTeNYI01J. T
O�IpTgT10N rs SVR,lEC'( TO THE CONp17fONS pRfNTE0 ON REVERSE SIZE, APIU 18 >rgLfD FOP ,._
SY
D — _ DRrg. TNERERFTER IT 1$ $U9JFCT r -. yOTHOVT NOTICE
ACCEPTED
410% Pro-Consumer Cartant • 1046 Post
Consumer Content —
SIGN AND RE7•URN YELLOW ACCEPTANCE CORY WHEN ORDERING.
P.AINTINQ CARPENTRY CONTRACTORS
DOUGLAS IUNQ LICENSED & INSURED
(305) 255 -3881 CC# 17103
F "1
0 71Z
Ne
submit specifications and bid for:
I J C&
3J 14f , a,& '.4,
ESTIMATE & AGREEMENY
SINCE 1982
DATE'
BID: We hereby propose to furnish materiaf and
labor to complete the work outlined herein for tht-
sum of.
dollars
j$ ) Payment to be made as follows-
-J -S0% gown 50% upQn cgmplgtion
ut
L 14-111"
r� �� w -
IN
1c0 zx
-� dam w- t°
e-Q l0x
;4 -1 or
CONTRACTOR'S GUARANTEE ACCEPTANCE OF RID
We guarantee all material used in this contract to be as specified above and I The above specifications, terms and contract ore sotisfoCfory, o
the entire job to be done in a neat, workmanlike manner, Any voriotions from ! fl) (wC'; hereby outhori :e the performance of this work.
plan or alterations requiring extra labor of material will be performed only
upon written order and billed in addition to the sum covered by this confroct. ,,tE
Agreements made with our workmen ore not recognized.
L1
THIS CONTRACT IS VOID 30 DAYS FROM DATE UNi.ESS PINK COPY IS SIGNED AND R£YURNED TO BIDDER
WE COMPLY WITH ALL WORKMAN'S COMPENSATION d PROPERTY 0A4,AC,E LIABRITY INSURANCE LAWS
7
]MA
PAINTJN(2 & C:ARPFNTRY CONTRACTORS
DOUGLAS KING LICENSED, & INSUMD
(305) 255 -3881 CC #.17103
F
L- ) "/ " �/? � C, �-- , �: -
4 hereby submit specifications and bid for:
=N +t-J^ ! p ."
cicr!
(calls _
CONTRACTOR'S GUARANTEE
ESTIMATE & AGREEMENT
SINCE Z. 982
DATE: 3
BID: We hereby propose to furnish matencii and
labor to complete the work outlined herein for the
sum of:
(S ) Payment to be made as follows!
50% dow, i 5Q% ugon c___omu_letipn
' /y' O'G6
(e r c) o - C) &)
We guarantee all moteripl used in fhis contract to be as specified above and
the entire job to be done in a neat, workmanlike manner. Any variations fron+
pion or alterations requiring extra labor or materiai will be performed only
upon written order and billed in addition to the sum covered by this contract.
Agreements made with our workmen are not recognized.
ACCEPTANCE OF BID
The obeve specificotions, terms and contract are sot sioctor,. c.
(I) (we; hereby authorize the performonce of this worl,
IV
1
THIS CONTRACT IS VOID 30 DAYS FROM DATE UNLESS PINK COPY IS SIGNED AND RETURNED TO BIDDER
�n..o :v wiles ee wn*IWAN", COMPENSATION & PRt`irfRTY nA --GE 13AElUTY INSURANCE TAWS.
1 ORDINANCE NO.
2
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3
CITY OF SOUTH MIAMI, FLORIDA AMENDING A PORTION OF
4
ORDINANCE NO. 18 -80 -1077, AS AMENDED, RELATING TO
5
OCCUPATIONAL LICENSE TAXES, PROVIDING FOR A PENALTY TO
6
BE LEVIED AGAINST PERSONS ENGAGING IN A BUSINESS WITHOUT
7
AN OCCUPATIONAL LICENSE OR FAILING TO RENEW AN
8
OCCUPATIONAL LICENSE; PROVIDING FOR A THIRTY DAY GRACE
9
PERIOD; PROVIDING THE CITY MANAGER WITH POWERS OF
10
REVOCATION; PROVIDING FOR A RIGHT TO APPEAL TO THE CITY
11
COMMISSION; PROVIDING FOR ORDERS TO VIOLATORS TO CEASE
12
AND DESIST BUSINESS; DIRECTING THE CITY ATTORNEY TO
13
ENFORCE VIOLATIONS AND PENALTIES BY CIVIL ACTION;
14
PROVIDING FOR RECOVERY OF ATTORNEYS' FEES, COURT COSTS,
15
ADMINISTRATIVE COSTS AND A PENALTY UP TO $ 250.00, AS
16
AUTHORIZED IN § 205.053, FLORIDA STATUTES; PROVIDING FOR AN
17
AMENDMENT TO THE FEE CHARGED FOR TRANSFER OF LICENSE;
18
PROVIDING FOR POWERS TO BUILDING, ZONING AND COMMUNITY
19
DEVELOPMENT DEPARTMENT REGARDING ZONING PROVIDING FOR
20
REVOCATION OF OCCUPATIONAL LICENSE FOR VIOLATION OF
21
LAND DEVELOPMENT CODE, ORDINANCES, DEVELOPMENT
22
PERMITS, COVENANTS AND RESTRICTIONS; PROVIDING FOR AN
23
AMENDMENT TO THE FEE CHARGED FOR CHANGE OF OWNERSHIP;
24
PROVIDING FOR REPEALING § 13 -25 THROUGH § 13 -31 OF THE
25
CODE OF ORDINANCES; PROVIDING FOR CODIFICATION OF
26
ORDINANCE NO. 18 -80 -1077 AS AMENDED IN THE CODE OF
27
ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA; PROVIDING
28
FOR ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY;
29
AND PROVIDING AN EFFECTIVE DATE.
30 WHEREAS, the City of South Miami enacted 'Ordinance No. 18 -80 -1077 which
31 imposed occupational license taxes on persons maintaining a permanent business location or
32 branch office within the City of South Miami for the purpose of engaging in or managing a
33 business, profession, or occupation within the City of South Miami; and,
34 WHEREAS, Ordinance No. 18 -80 -1077 was originally adopted on June 3, 1980, and
35 amended by the following ordinances [see Attachments that follow Exhibit A]:
36
Ordinance
No.
20 -83 -1180
on
Aug
2,
1983,
37
Ordinance
No.
5 -91 -1470
on
Mar
5,
1991,
38
Ordinance
No.
20 -91 -1485
on
Jun
30,
1991,
39
Ordinance
No.
12 -92 -1507
on
Jun
2,
1992, and
40
Ordinance
No.
9 -93 -1537
on
Jul
20
,1993;
41 and,
Occupational License Revision Ordinance Page # 1
1 WHEREAS, the Code of Ordinances does not presently contain Ord. No. 18 -80 -1077,
2 nor does the Code of Ordinances contain those ordinances amending Ord. No. 18 -80 -1077,
3 with the exception of Ord. No. 5 -91 -1470 and Ord. No. 12 -92 -1507, which are contained
4 under § 13 -1 of Chapter 13 (entitled "Licenses ") in the Code of Ordinances; and,
5 WHEREAS, the Mayor and City Commission desire to further amend those ordinances
6 regulating occupational license taxes to reflect recent changes in the Florida Statutes; and,
7 WHEREAS, the Code of Ordinances contains regulations regarding "Bail Bondsmen"
8 under § 13 -25 through § 13 -31 in Chapter 13 of the Code of Ordinances, which are related to
9 the Municipal Court provisions in Chapter 14 which were repealed by the City Commission
10 via Ordinance No. 8 -92 -1503 on May 5, 1992; and,
11 WHEREAS, the Mayor and City Commission desire to publish all of the regulations
12 regarding occupational license taxes as part of Chapter 13 in the Code of Ordinances.
13 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
14 OF THE CITY OF SOUTH MIAMI, FLORIDA:
15 SECTION 1. That Section 25 of Ordinance No. 18 -80 -1077 is amended as follows:
16 Sec. 13 -25. Failure to Obtain License: Delinquencies: Additional Penalties.
17 (a) Any person engaging in or managing any business, occupation or profession without ever
18 having first obtained a local occupation license, as required hereunder, shall be subject to a
19 penalty of twenty -five percent (25 %) of the license determined to be due, in addition to wty ether-
20 a two hundred fifty dollar ($ 250.00) penalty if an
21 occupational license is not applied for within 150 days of notice.
22 (b) Enforcement procedures for new occupational licenses may commence upon the City
23 becoming aware of any person engaging in or managing any business, occupation or profession
24 without first obtaining a local occupational license.
25
26
27
28
29 delinquefit establishffient.
30 (c) Occupational licenses shall be considered delinquent immediately on October 1' of every
31 year. Fines for delinquent occupational licenses shall be assessed per Section 13-2. addition
32 those licenses not renewed by January 31 shall be subject to a two hundred fifty dollar ($ 250 00)
33 penalty _per occupational license.
l' Occupational License Revision Ordinance Page # 2
1 SECTION 2. That Section 2 of Ordinance No. 18 -80 -1077 is amended as follows:
2 Sec. 13 -2. Term and Duration - Penalty for Operation after Due Date; Grace Period.
3 Any license issued under this chapter shall expire on the 30'x' day of September of each year.
4 No license shall be issued for more than one year. Those licenses not renewed by October 1'
5 shall be considered delinquent and subject to a delinquency penalty of ten percent (10 %) for the
6 month of October plus an additional five percent (5 %) penalty for each month of delinquency
7 thereafter until paid, provided that the total delinquency penalty shall not exceed twenty -five
8 percent (25 %) of the occupational license fee for the delinquent establishment. A grace period
9 of thirty days will apply to any occupational license renewed prior to close of the regular
10 business day on or before October 31', that is, such license renewals although delinquent will
11 not be not assessed a delinquencv fee.
12 SECTION 3. That Section 16 of Ordinance No. 18 -80 -1077 is amended as follows:
13 Sec. 13 -16. Revocation for Violation of the Land Development Code or Ordinances.
14 The license of any person for the operation of any business may be revoked by the City
15 GeffImAss Manager at any time, upon notice of violation of any of the
16 provisions of the Land Development Code or ordinances of the City - applicable provisions of the
17 Dade County Code: er- laws of the State of Florida violation of the terms and conditions of any
18 development permit, covenant, public restriction or waiver, or for any other good and sufficient
19 reason, ,
20 feveke eeFtaift heenses whefe sueh Feveeatien is speeifieally pmvided fer by efdkienee. In the
21 event that an appeal is filed by any aggrieved person under § 13 -27, the City Manager may stop
22 or suspend any construction authorized by the waiver, until a decision has been made on the
23 appeal. In the event the City Manager should determine that the suspension of the construction
24 could cause imminent peril to life or property the City Manager MU permit the construction to
25 continue upon such conditions and limitations including furnishing of an appropriate bond as
26 may be deemed proper under the circumstances. ,
27 SECTION 4. That Section 27 of Ordinance No. 18 -80 -1077 is amended as follows:
28 Sec. 13 -27. Appeals.
29 (a) An appeal to the City Commission may be filed with the City Clerk upon a form prescribed
30 by the City Clerk. An appeal must be filed within thirty (30) days of the action taken which is
31 the subject of the appeal. An appeal may be filed by any aggrieved person(s).
11 Occupational License Revision Ordinance Page # 3
1 (b) An appeal stays all proceedings in furtherance of the action appealed from, unless the
2 officer from whom the appeal is taken or the City Manager certifies to the City Commission,
3 after notice of appeal has been filed with him, that because of the facts stated in the certificate
4 a stay would, in the officer's or the City Manager's opinion, cause imminent peril to life or
5 property or that because the violation charged is transitory in nature a stay would seriously
6 interfere with enforcement of this Chapter.
7 (c) If certification occurs in accordance with subsection (b) above, proceedings may not be
8 stayed, except by a restraining order, which may be granted by the City Commission or by a
9 court of record on application, on notice to the officer from whom the appeal is taken or the City
10 Manager and on due cause shown.
11 (d) The City Commission shall hear and enter a decision on all appeals .within sixty (60) days
12 of the date of filing said appeal, and shall provide due notice of the appeal to the parties.
13 (e) The City Commission may reverse, affirm or modify any order, requirement, decision or
14 determination appealed from and shall make any order, requirement, decision or determination
15 that, in the City Commissions' opinion, ought to be made in the circumstances.
16 (f) When practical difficulties or unnecessary hardships would result from carrying out the
17 strict letter of a provision, the City Commission may, in passing upon appeals, vary or modify
18 any regulation or provision of this chapter relating to occupational license taxes, so that the spirit
19 of this chapter is observed, public safety and welfare secured, and substantial justice done.
20 (g) The City Commission shall not be required to hear an appeal or application previously
21 denied if it finds that there has been no substantial change in conditions or circumstances bearing
22 on the appeal or application.
23 SECTION 5. That a new Section 28 of Ordinance No. 18 -80 -1077 be created as follows:
24 See. 13 -28. Notice of Violation; Right to Appeal; Order to Cease and Desist Business.
25 Whenever the City Manager determines that there is a violation of any provision of this chapter
26 or any other applicable rule or regulation, the City Manager shall give notice of such violation
27 to the person or persons who are responsible for either obtaining the required occupational license
28 and /or the required occupational license renewal. Such notice of violation shall:
29 (a) be in accordance with the provisions set forth in Chapter 162 of Florida Statutes;
30 (b) inform the person to whom it is directed of his or her right to apply for an appeal
31 hearing before the City Commission; and,
32 (c) instruct the responsible person(s) identified in the violation to immediately cease
33 and desist all business, occupational, or professional activities on the premises.
itOccupational License Revision Ordinance Page # 4
1 SECTION 6. That Section 29 of Ordinance No. 18 -80 -1077 be created as follows:
2 Sec. 13 -29. Duties of the City Attorney.
3 The City Attorney, upon request of the City Manager, or upon his or her own initiative, shall
4 institute appropriate action to restrain, prevent, enjoin, abate or correct any and all violations
5 under this chapter, and to take such other legal action as may be necessary to carry out the terms
6 and provisions of this chapter.
7 SECTION 7. That Section 30 of Ordinance No. 18 -80 -1077 be created as follows:
8 Sec. 13 -30. Recovery of Attorneys' Fees; Court Costs; Administrative. Costs; Penalty.
9 Any person who engages in any business, occupation or profession covered by this chapter, who
10 does not pay the required occupational license tax within 150 days after the initial notice of tax.
11 due, and who does not obtain the required occupational license is subject to civil actions and
12 penalties, including court costs, reasonable attorneys' fees, administrative costs incurred as a
13 result of collection efforts, and a penalty up to $ 250.00
14 SECTION 8. That Section 12 of Ordinance No. 18 -80 -1077 is amended as follows:
15 Sec. 13 -12. Transfer of License - Location; Fees.
16 Licenses may be transferred from one location to another, provided, that the licenses are
17 presented to the Finance Department for the approval of such transfer, and provided further that
18 ne such license is subject to
19 revocation under § 13 -16 as determined by the Director of the Building_ Zoning & Community
20 Development where any question of zoning arises, and provided further, that the licensee shall
21 pay for such transfer, a fee in the amount ef efte ae"e- ($ 1.L)
23 f r- after- the business is ,..,eyed of 10% of the annual license tax, but not less than three dollars
24 ($ 3.00) nor more than twenty -five dollars ($ 25.00).
25 SECTION 9. That Section 13 of Ordinance No. 18 -80 -1077 is amended as follows (including
26 the addition of the title for Section 14 which was not included in the original):
27 Sec. 13 -13. Change of Ownership; Requirements; Fees.
28 Licenses issued by the City may be transferred with the approval of the Finance Director (except
29 in the case of alcoholic beverage licenses, which shall require approval of the
30 Building_ Zoning & Community Development Department) with the businesses for which they
I� Occupational License Revision Ordinance Page # 5
1 were taken out, except as otherwise provided by law, when there is a bone fide sale and transfer
2 of the property used and employed in the business as stock in trade, and not otherwise, subject,
3 however, to the following conditions:
4 (a) The seller of the business shall present the license to the Finance Department with
5 an endorsement on the reverse side thereof, assigning all right, title and interest
6 to the purchaser; and,
7 (b) The purchaser shall produce a properly executed instrument showing the transfer
8 of stock of goods and of the lease or deed to the property; and,
9 (c) The purchaser shall file an application for license, and shall qualify in all respects
10 as provided by law and by the ordinances of the City as an applicant for a license,
11 as if he or she had applied for the license in the first instance; and,
12 (d) A fee shall be paid to the Finance Department in connection with such transfer,
13 .2 based on 10% of the annual license tax, but not less than three
14 dollars ($ 3.00) nor more than twenty-five dollars ($ 25,00)
15 Sec. 13 -14. Lease Department License Reguired.
16 Every person operating what is commonly known as "lease department" in any store shall pay
17 -a license for the operation of each department so leased according to the proper classification of
18 the business or occupation as set forth therein.
19 SECTION 10. That Section 19 of Ordinance No. 18 -80 -1077 is amended as follows:
20 Sec. 13 -19. Licenses to Conform to Zoning and Building Regulations.
21 Where any question of zoning arises, no license shall be issued hereunder for any business,
22 occupation or profession until the location thereof shall have first been approved by the City
23 Geffmi4 Director of Building, Zoning & Community Development.
24 SECTION 11. That § 13 -25 through § 13 -31, which comprise Article II entitled "Bail Bondsmen"
25 contained in Chapter 13 of the Code of Ordinances, are repealed and that § 13 -25 and § 13 -30
26 be utilized for the codification of Ordinance No. 18 -80 -1077, as amended, and that the remaining
27 sub- section, § 13 -31, be reserved as Article 11, and entitled `Reserved
28 SECTION 12. That Chapter 13, entitled "Licenses" in the Code of Ordinances, is amended by
29 replacing the existing § 13 -1, the reserved sub - sections § 13 -2 through § 13 -24 and sub - sections
30 § 13 -25 through § 13 -30, as set forth in "Exhibit A" (attached), in order to codify the regulations
31 regarding occupational license taxes as contained in Ordinance No. 18 -80 -1077, as amended from
32 time to time by the City, and including those amendments contained within this ordinance.
Occupational License Revision Ordinance Page # 6
!r
1
2
3
4
5
i
7
8
9
10
11
12
13
14
15
16
17
18
m
SECTION 13. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 14. 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 15. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED THIS 18th DAY OF APRIL, 1995.
ATTEST:
Rosemary J. Wascura
City Clerk
READ AND APPROVED AS TO FORM:
Earl G. Gallop
City Attorney
Neil Carver
Mayor
c kreporfsVenalty.ord
EXlaBff A
ARTICLE I. OCCUPATIONAL LICENSE TAX
Sec. 13 -1. License Required.
(a) No person shall engage in or manage the businesses, occupations or professions enumerated
in this ordinance and required to be licensed by the City, without first having paid the amount
of license tax required for each separate location in the City, for the use of the City, and having
obtained a City license therefor. For the purpose of this ordinance, any person holding himself
out to the public by sign, printed matter, telephone directory classified section, City directory,
post office box or otherwise, regardless of whether such person actually transacts any business
or practices a profession or engages in an occupation shall be considered as engaging in business
and shall be liable for an occupational license tax therefor, according to the classification of the
business so held out or advertised, as set fourth herein.
(b) Professional practitioners are recognized professions regulated by State Boards requiring
examination and certification. Professional licenses are individual licenses and each person
engaged in the practice of their profession whether alone, in a partnership or as an employee of
another person, partnership, corporation or professional association shall obtain an occupational
license.
Sec. 13 -2. Term and Duration - Penalty for Operation after Due Date; Grace Period.
Any license issued under this chapter shall expire on the 30'' day of September of each year.
No license shall be issued for more than one year. Those licenses not renewed by October 1'
shall be considered delinquent and subject to a delinquency penalty of ten percent (10 %) for the
month of October plus an additional five percent (5 %) penalty for each month of delinquency
thereafter until paid, provided that the total delinquency penalty shall not exceed twenty -five
percent (25 %) of the occupational license fee for the delinquent establishment. A grace period
of thirty days will apply to any occupational license renewed prior to close of the regular
business day on or before October 31', that is, such license renewals although delinquent will
not be not assessed a delinquency fee.
Sec. 13 -3. Fractional Licenses.
Unless otherwise provided, for each license obtained between October 1' and April 11, the full
tax for one year shall be paid, and for each license obtained from April 1s` to September 30 'h,
one -half the full tax for one year shall be paid.
Sec. 134. Applications - Date; Filing; Necessary Information.
Every person engaged in or managing any business, profession or occupation referred to in this
chapter in the City is required to procure a City license as herein provided and shall, on or before
October I' of each year, and always before engaging in any business, profession or occupation,
Editorial Change: The term "tax collector" has been replaced by the term "Finance Department ".
1'
file an application on the prescribed form with the Finance Department, signed by an officer,
partner or owner of the business. All licenses shall be applied for and issued in the real name
of the applicant; in cases where the applicant has qualified under the laws of Florida for the use
of a "Fictitious Name" , the license, if issued, shall show the real name as well as the fictitious
name of the applicant. In such application, the applicant shall set forth the name of the owner
(if a firm, the names of all members of the firm; if a corporation, the names of all officers of the
corporation); the location of the business; the full nature of the business; where the license tax
is based thereon; the value of stock carried or the number of seats, machines, employees, gasoline
pumps, rooms, or vehicles, etc., used, as the case may be; and such other pertinent information
as may be prescribed by the Finance Department.
Sec. 13 -5. Misrepresentation of Material Fact.
Any license obtained under the provisions of this chapter upon a misrepresentation of a material
fact shall be deemed null and void, and the licensee who has thereafter engaged in any business
under such license shall be subject to prosecution for doing business without a license, to the
same effect and degree as though no such license had ever been issued.
Sec. 13 -6. Value of Stock Carried.
Whenever in this chapter a license tax is based upon or determinable by the `value of stock
carried ", the value of stock carried shall be the wholesale cost value of all stock in trade and
merchandise on hand as of the close of the fiscal year of the licensee next preceding the start of
the license period in question. Where the license is not a renewal license or the licensee has not
completed one fiscal year, then the value of stock carried shall be the cost value of all stock in
trade and merchandise on hand as of the date of the commencement of business. The true value
of stock carried, as above defined, shall be stated by the applicant for a license or for a renewal
of license. In the event an applicant for a license fails or refuses to state or set forth the value
of stock carried, as above defined, or sets forth such value inaccurately, the Finance Department
of the City shall fix and determine such value from any information in his possession, and the
value so fixed shall be used to determine the amount of license tax due the City.
Sec. 13 -7. Determination of Classification.
In the event of a disagreement between an applicant and the City on the question of proper
classification of any business, occupation or profession for license purposes, the Finance
Department shall decide the proper classification, with the right, in the applicant, to appeal from
such decision to the City Commission whose decision upon the point shall be final.
Sec. 13 -8. License to Apply to One Place of Business.
All licenses provided for herein shall be issued for and apply to only one place of business within
the City.
lEditorial Change: The term "tqx collector" has been replaced by the term "Finance Department ".
1
Sec. 13 -9. Bills or Notices for License Tax.
It is hereby declared to be unnecessary for the City to send out bills or notices to persons
engaged in business in the City with respect to the payment or nonpayment of license taxes.
Sec. 13 -10. Exemptions to Specified Persons.
Exemption from the payment of the license tax set forth herein shall be allowed in such cases
as are provided for in this chapter and in the following cases as provided for by the laws of the
State of Florida:
(a) Disabled veterans of the Spanish American War, World War I, World War H,
Korean Conflict, Vietnam Conflict and widows of such deceased veterans
(exempted up to $ 50.00 annually);
(b) Confirmed cripples, deaf and mute persons; invalids physically incapable of
manual labor; widows with minor dependents; persons 65 years of age or older;
(c) Growers of farm and grove products, including products manufactured therefrom
(except intoxicating liquors, wine and beer);
(d) Organizations issued State of Florida Non - Profit Organization Certificates; and
(e) Other organizations so approved by the City Commission.
Sec.13 -11. Posting of License.
Every license shall be posted in a conspicuous place in the place of business for which it is
issued and the holder of such license shall exhibit same to the City license inspector, his deputy
or any police officer upon being requested to do so by any of them.
Sec. 13 -12. Transfer of License - Location; Fees.
Licenses may be transferred from one location to another, provided, that the licenses are
presented to the Finance Department for the approval of such transfer, and provided further that
such license is subject to revocation under § 13 -16 as determined by the Director of Building,
Zoning & Community Development where any question of zoning arises, and provided further,
that the licensee shall pay for such transfer, a fee in the amount of 10% of the annual license tax,
but not less than three dollars ($ 3.00) nor more than twenty -five dollars ($ 25,00)
Sec. 13 -13. Change of Ownership; Requirements; Fees.
Licenses issued by the City may be transferred with the approval of the Finance Director (except
in the case of alcoholic beverage licenses, which shall require approval of the Building, Zoning
Editorial Change: The term "tax collector" has been replaced by the term "Finance Department ".
& Community Development Department) with the businesses for which they were taken out,
except as otherwise provided by law, when there is a bone fide sale and transfer of the property
used and employed in the business as stock in trade, and not otherwise, subject, however, to the
following conditions:
(a) The seller of the business shall present the license to the Finance Department with
an endorsement on the reverse side thereof, assigning all right, title and interest
to the purchaser; and,
(b) The purchaser shall produce a properly executed instrument showing the transfer
of stock of goods and of the lease or deed to the property; and,
(c) The purchaser shall file an application for license, and shall. qualify in all respects
as provided by law and by the ordinances of the City as an applicant for a license,
as if he or she had applied for the license in the first instance; and,
(d) A fee shall be paid to the Finance Department in connection with such transfer,
based on 10% of the annual license tax, but not less than three dollars ($ 300) nor
more than twenty -five dollars ($ 25.00).
Sec. 13 -14. Lease Department License Required.
Every person operating what is commonly known as "lease department" in any store shall pay
a license for the operation of each department so leased according to the proper classification of
the business or occupation as set forth therein.
Sec. 13 -15. Termination of License on Notice of Bankruptcy.
When any person engaged in mercantile or other business in the City shall make an assignment
for the benefit of creditors, or when any such person shall be adjudicated a voluntary or an
involuntary bankrupt or declared insolvent, any license theretofore issued, authorizing such person
to do business in the City, shall immediately be terminated and shall, upon such assignment for
the benefit of creditors or upon such adjudication in bankruptcy, immediately become null and
void.
Sec. 13 -16. Revocation for Violation of the Land Development Code or Ordinances.
The license of any person for the operation of any business may be revoked by the City Manager
at any time, upon notice of violation of any of the provisions of the Land Development Code or
ordinances of the City; applicable provisions of the Dade County Code; laws of the State of
Florida; violation of the terms and conditions of any development permit, covenant, public
restriction or waiver; or for any other good and sufficient reason. In the event that an appeal is
filed by any person under § 13 -27, the City Manager may stop or suspend any construction
authorized by the waiver, until a decision has been made on the appeal. In the event the City
Editorial Change The term "tax collector" has been replaced by the term "Finance Department ".
Manager should determine that the suspension of the construction could cause imminent peril to
life or property the City Manager may permit the construction to continue upon such conditions
and limitations, including furnishing of an appropriate bond, as may be deemed proper under the
circumstances.
Sec. 13 -17. Re- issuance of License; Payment of Debts Due City Prerequisite.
Any person being delinquent in the payment of any assessment, taxes, fees or any moneys due
unto the City shall be as a prerequisite to the re- issuance of an occupational license be required
to pay any assessment, taxes, fees or sums of money of any nature whatsoever due unto the City
before the aforesaid occupational license will be re- issued by the authorities of the City. This
requirement shall pertain to any assessment, tax, fee or charge due for services rendered the
premises occupied by such business or any fee, tax or assessment or charge of whatever nature
required for services rendered the aforesaid business location, but the same shall not impair any
obligation on the part of the property owner to pay any sums due onto the City by virtue of fees,
assessments, taxes or charges and this section shall be deemed to require the good standing of
any business within the City limits prior to its being qualified to conducting business therein.
Sec. 13 -18. Regulatory Provisions Remain in Effect.
Unless otherwise herein specifically excepted, changed or differentiated, all qualifying or
regulatory provisions of the City applicable to or affecting any of the businesses, operations,
occupations or classifications covered by this chapter shall be and remain in full force and effect.
Sec. 13 -19. Licenses to Conform to Zoning and Building Regulations.
Where any question of zoning arises, no license shall be issued hereunder for any business,
occupation or profession until the location thereof shall have first been approved by the Director
of Building, Zoning & Community Development.
Sec. 13 -20. Authority of Finance Department to Promulgate Rules.
The Finance Department may make such rules and regulations, not inconsistent with this chapter,
as may be necessary or proper for the enforcement of the provisions hereof.
Sec. 13 -21. License Fee a Debt.
The amount of any license tax and penalty imposed by the provisions of this chapter is hereby
declared to be a debt due to the City, and any person carrying on any business without first
having procured a license from the City so to do, shall be liable to the City for the amount of
such license tax recoverable in any court of competent jurisdiction.
Editorial Change: The term "tax collector" has been replaced by the term "Finance Department ".
Sec. 13 -22. Replacing Lost or Destroyed Licenses; Fee.
For the purpose of replacing any mutilated, destroyed or lost license certificate receipt relating
to any occupational license granted by the City, the Finance Department is hereby authorized and
empowered to cause to be executed and delivered and appropriate duplicate license certificate or
receipt, upon the submission of evidence satisfactory to the Finance Department that the original
certificate or receipt was mutilated, destroyed or lost, and upon the holder of such original
furnishing the City with indemnity satisfactory to said collector, and upon the payment to the
City by the holder of the sum of one dollar ($ 1.00) for each duplicate license certificate or receipt
executed and delivered hereunder.
Sec. 13 -23. Reciprocity.
Any person who has obtained a license by or through examination in any other city in Dade
County, which has requirements similar to those in this code with respect to the issuance and
granting of licenses for the several businesses or occupations, may, if approved by the examining
board and without the formality of an examination, be granted a certificate or license by
reciprocity, upon the payment of the occupational license tax or charges applicable to such
business or occupation.
Sec. 13 -24. Schedule of License Taxes.
The various businesses, occupations and professions within the City are hereby classified for the
purpose of this ordinance and assessments of license taxes therefor are hereby fixed per annum,
unless otherwise provided as set forth in the schedule attached hereto and made a part hereof,
and entitled "Schedule of License Taxes".
Sec. 13 -25. Failure to Obtain License; Delinquencies; Additional Penalties.
(a) Any person engaging in or managing any business, occupation or profession without ever
having first obtained a local occupation license, as required hereunder, shall be subject to a
penalty of twenty -five percent (25 %) of the license determined to be due, in addition to a two
hundred fifty dollar ($ 250.00) penalty if an occupational license is not applied for within 150
days of notice.
(b) Enforcement procedures for new occupational licenses may commence upon the City
becoming aware of any person engaging in or managing any business, occupation or profession
without first obtaining a local occupational license.
(c) Occupational licenses shall be considered delinquent immediately on October I' of every
year. Fines for delinquent occupational licenses shall be assessed per Section 13 -2; in addition,
those licenses not renewed by January 31, shall be subject to a two hundred fifty dollar ($ 250.00)
penalty per occupational license.
Editorial Change: The term "tax collector" has been replaced by the term "Finance Department ".
11
Sec. 13 -26. Penalties.
Any person convicted for violating any of the terms of this chapter shall, upon conviction thereof
in a Metropolitan Dade County Court, be sentenced to pay a fine not exceeding the sum of five
hundred ($ 500.00) Dollars or serve a term not to exceed (60) days or both such fine and sentence,
in the discretion of the Metro judge. Each day's violation of any of the terms of this chapter
shall be deemed and considered and is hereby specially declared to be a separate and distinct
violation of the terms of this chapter, and punishable as such.
Sec. 13 -27. Appeals.
(a) An appeal to the City Commission may be filed with the City Clerk upon a form prescribed
by the City Clerk. An appeal must be filed within thirty (30) days of the .action taken which is
the subject of the appeal. An appeal may be filed by any aggrieved person(s).
(b) An appeal stays all proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken or the City Manager certifies to the City Commission,
after notice of appeal has been filed with him, that because of the facts stated in the certificate
a stay would, in the officer's or the City Manager's opinion, cause imminent peril to life or
property or that because the violation charged is transitory in nature a stay would seriously
interfere with enforcement of this chapter.
(c) If certification occurs in accordance with subsection (b) above, proceedings may not be
stayed, except by a restraining order, which may be granted by the City Commission or by a
court of record on application, on notice to the officer from whom the appeal is taken or the City
Manager and on due cause shown.
(d) The City Commission shall hear and enter a decision on all appeals within sixty (60) days
of the date of filing said appeal, and shall provide due notice of the appeal to the parties.
(e) The City Commission may reverse, affirm or modify any order, requirement, decision or
determination appealed from and shall make any order, requirement, decision or determination
that, in the City Commissions' opinion, ought to be made in the circumstances.
(f) When practical difficulties or unnecessary hardships would result from carrying out the
strict letter of a provision, the City Commission may, in passing upon appeals, vary or modify
any regulation or provision of this chapter relating to occupational license taxes, so that the spirit
of this chapter is observed, public safety and welfare secured, and substantial justice done.
(g) The City Commission shall not be required to hear an appeal or application previously
denied if it finds that there has been no substantial change in conditions or circumstances bearing
on the appeal or application.
Sec. 13 -28. Notice of Violation; Right to Appeal; Order to Cease and Desist Business.
Editorial Change: The term "tqx collector" has been replaced by the term "Finance Department"
I�
Sec. 13 -28. Notice of Violation; Right to Appeal; Order to Cease and Desist Business.
Whenever the City Manager determines that there is a violation of any provision of this chapter
or any other applicable rule or regulation, the City Manager shall give notice of such violation
to the person or persons who are responsible for either obtaining the required occupational license
and/or the required occupational license renewal. Such notice of violation shall:
(a) be in accordance with the provisions set forth in Chapter 162 of Florida Statutes;
(b) inform the person to whom it is directed of his or her right to apply for an appeal
hearing before the City Commission; and,
(c) instruct the responsible person(s) identified in the violation.to immediately cease
and desist all business, occupational, or professional activities on the premises.
Sec. 13 -29. Duties of the City Attorney.
The City Attorney, upon complaint of the City Manager, or upon his or her own initiative, shall
institute appropriate action to restrain, prevent, enjoin, abate or correct any and all violations
under this chapter, and to take such other legal action as may be necessary to carry out the terms
and provisions of this chapter.
Sec. 13 -30. Recovery of Attorneys' Fees; Court Costs; Administrative Costs; Penalty.
Any person who engages in any business, occupation or profession covered by this chapter, who
does not pay the required occupational license tax within 150 days after the initial notice of tax
due, and who does not obtain the required occupational license is subject to civil actions and
penalties, including court costs, reasonable attorneys' fees, administrative costs incurred as a
result of collection efforts, and a penalty up to $ 250."
Editorial Change: The term "tax collector" has been replaced by the term "Finance Department':
I�
1h
"SCHEDULE OF LICENSE TAXES"
(SOUTH MIAMI)
ORDINANCE NO.
The following schedule of fees, and the classifications
of
the various
occupations, businesses or professions as contained
in
such fee
schedule, are hereby adopted as the amounts required
to
procure
occupational licenses in the City in accordance with
the
classification
set out herein, to -wit:
CODE NO.
AMUSEMENTS
001000
Billiard and pool tables. One table . . . . . .
S
100.00
Each additional table . . . . . . . . . . . . .
60.00
002000
Bowling alleys. Per alley . . . . . . . . . .
S
100.00
(Permitting sale of tobacco and soft drinks,
bowling supplies, without further license)
003000
General amusement . . . . . . . . . . . . . .
$
165.00
004000
Merry -go- round. Per week . . . . . . . . . . .
120.00
005000
Motion picture theater . . . . . . . . . . . .
5
225.00
(Refreshment Stand)
006000
Music Furnished by Wire . . . . . . . . . .
$
200.00
007000
Shuffleboard . . . . . . . . . . . . . . . . .
5
120.00
008000
Theatrical troups (not in local licensed
theater)
Each performance . . . . . . . . .
5
225.00
Theatrical or dramatic troupes or companies
of singers or entertainers, for profit,
excluding entertainments given for local
charitable or benevolent purposes and local
ameteur performances.
008001
Skating Rink . . . . . . . . . . . . . . . . .
S
420.00
COIN OPERATED MACHINES
009000
Amusements (not vending or gambling) . . . . .
S
100.00
010000
Vending machines - dispensing merchandise
valued at 5 cents only . . . . .
16.00
010001
valued at over 5 cents . . . . . . . . . , . _
$
24.00
011000
Penny vending machines . . .
. . . . . . .
$
4.00
012000
Coin operated laundry equipment (See 155700)
20.00
013000
Other machines .
(Music, pictures, rocking horses, planes, etc.)
5
100.00
014000
Copy machines . . . . .
. . . °
S
40.00
015000
Vending; Newspapers . . . . . .
. . .
'
S
16.00
1h
I/
LIVING ACCOMMODATIONS
014000
Apartments,'hotels, motels, and rooming
S
80.00
houses
L -10 rooms . . . . . . . . . . . . . . . . . .
014001
(leach additional room 50 cents)
015000
Boarding houses, 1 -10 Rooms . . . . . . . . .
$
100.00
015001
(each additional room $1.50)
Rooms used by owner for residence, lobbies,
bathrooms, etc., not counted.
MANUFACTURING
016000
Manufacturing (except alcoholic beverages)
products sold at wholesale only.
If products are sold at retail, a
merchant's license must also be obtained.
016001
1 -5 employees . . . . . . . . . . . . . . . .
$
108.00
016002
6 -15 employees . . . . . . . . . . . . . .
$
148.00
016003
Over 15 employees . . . . . . . . . . . . . .
$
165.00
017000
Fruit packers and shippers (1 -5 employees) . .
$
108.00
017001
6 -15 employees . . . . . . . . . . . . . . . .
$
148.00
017002
Over 15 employees . . . . . . . . . . . . .
$
165.00
MERCHANTS AND DEALERS
018000
Alcoholic beverages (Set by the state)
(50Z of state and county tax)
019000
Bakery (no delivery) . . . . . . . . . . . . .
$
80.00
020000
Cold drink stand . . . . . . . . . . . . .
$
68.00
021000
..-,Del icatessen_ . . . . . . . . . . . . . .
$
40.00
022000
Explosives . . . . . . . . . . . . . . . . . .
$
60.00
023000
Filling station . . . . . . . . . . . . . . .
$
120.00
( First four pumps)
023001
Each additional pump . . . . . . . . . . . .
$
20.00
024000
Florist . . . . . . . . . . . . . . . . . . .
$
68.00
025000
Food: To $1,000 inventory . . . .
$
80.00
025001
To $5,000 inventory . . .
S
120.00
025002
To $10,000 inventory . . . . . . . . .
S
160.00'
025003
To $20,000 inventory . . . . . . . . .
5
220.00
025004
To $50,000 inventory . . . . . . . . .
S
285.00
025005
To $100,000 inventory . . . . . . . . .
$
315.00
025006
Each additional $1,000 over $100,000. .
$
4.00
026000
Fuel and petroleum products . . . . . . . . .
S
120.00
027000
Garage (not to include sale of vehicles .
5
120.00
028000
Ice. Each location I
$
80.00
028001
0 vehicle) . . . . . . . . . . . . . . . . .
S
40.00
I/
02)000
Peddlers;
$
120.00
0229001
Candy and ice cream, per vehicle
$
80.00
029002
Dress goods, per vehicle . . . . . . . . . .
$
160.00
029003
Food products (except meat and fish) . . . .
$
80.00
042000
Peddlers' of baked goods and box lunches
. $
120.00
043000
are required to have current Dade County
. S
120.00
044000
Health Dept, permit.
029004
Fruit and vegetables, per vehicle . . . . .
S
140.00
029005
Gas and petroleum, per vehicle . . . . . . .
S
100.00
029006
Wood, per vehicle . . . . . . . . . . . . .
$
48.00
029007
Miscellaneous (See Sec. 15 -63)
$
84.00
046000
(Street Sales City Code) . . . . . . . . . .
$
100.00
030000
Printing, publishing and multigraphing . . . .
$
108.00
031000
Restaurants (10 Seats)
$
100.00
(Each additional seat 50 cents)
032000
Secondhand dealer (see Article VII City Code).
$
160.00
033000
Soda fountain . . . . . . . . . . . . . . . .
$
68.00
034000
Solicitor (requires permit from City Manager).
$
108.00
(Solicitors for charitable organizations
are not required to pay fee but must obtain
permit from City Manager)
035000
Stock Broker . . . . . . . . . . . .
$
300.09
Where the dealer offers facilities to
the general public for dissemination of
market information and quotations board,
projection of ticker tape or similar means,
the annual fee shall be . . . . . . . . . .
$
271.25
036000
Vehicles, new and secondhand . . . . . . . . .
$
225.00
037000
Wholesale (for resale) and general merchants
and dea'.ers:
037001
To $1,000 inventory . . . . . . . . . . . . .
$
80.00
037002
To $5,000 inventory . . . . . . . . . . . . .
$
120.00
037002
io $10,000 inventory. . . . . . .
$
160.00
037004
. . . . .
To $20,000 inventory. . . . . . . . . .
$
165.00
037005
To $50,000 inventory . . . . . . . . . . . . .
$
285.00
037006
To $100,000 inventory. . . . . . . . . . .
$
315.00
037007
Each additional $1,000 over $100,000 . . . . .
$
4.00
PROFESSIONAL
038000
Accountant (Certified Public Accountant)
$
120.00
039000
Architect . . . . . . . . . . . . . . . . . .
. $
120.00
040000
Artist (Commercial) . . . . . . . . . . . .
. $
120.00
041000
Attorney . . . . . . . . . . . . . . . . .
$
120.00
042000
Chemist, analytical . . . . . . . . . . . . .
. $
120.00
043000
Chiropodist . . . . . . . . . . . . . . . . .
. S
120.00
044000
Chiropractor . .
. . . . . . . . . . . . . .
. $
120.00
045000
Dental IIygjenist - Self F,mploved . . . .
$
120.00
045001
If emplovee . . . . . . , .
. . . . . .
$
84.00
046000
Dentist
. . . . . . . . . . . . . . . . . .
$
120.00
11
047000
Dietitian
S
120 00
048000
Electrologist
S
120.00
059000
Embalmer . . • . . .
S
120 00
050000
Engineer . . . . • • • • • •
S
120.00
051000
Healing Art - • • • • • • .
S
120.00
052000
Music teacher
S
120.00
053000
Naprapath . . . . . . . . . . . . . . .
S
120.00
054000
Naturopath . . . . . . . . . . . . . . .
S
120.00
055000
Optician . . . . . . . . . . . . . . . .
S
120.00
056000
Optometrist . . . . . . . . . . . . ,
$
120.00
057000
Orthodontist . . . . . . . . . . . . .
. . S
120.00
058000
Osteopath . . . . . . . . . . . . . .
_ S
120.00
059000
Photoengraver . . . . . . . . . . . . .
S
120.00
059001
Podiatrist . . . . . . . . . . . . . . .
. • . . . S
120.00
060000
Physician, drugless . . . . . . , . .
. . $
120.00
061000
Physician, M. D . . . . . . . . . . . .
. . S
120.00
062000
Psychiatrist. . . . . . . . . . . . .
. . . . . S
120.00
-- 063000
Psychologist. . . . . . . . . .
S
120.00
064000
Surveyor . . . . . . . . . . . . . . .
. . . . S
120.00
065000
Taxidermist . . . . . . . . . . . .
!
1'20.00
066000
Veterinarian . . . . . . . . . . .
. . . . . 5
120.00
067000
Other Professionals not listed . . . .
5
120.00
SERVICE
068000
Abstract and Title Company. . . . . . . . . . .
. S
165.00
068001
Actuaries
Sic
to fiftoon cmnl�ivcos.
Computations involving compound interest and
070003
Sixti•on
to twenty -five c•rnpluv •'s. . . .
retirement and mortality estimates.
180.00
070004
068002
Permitting the operation of but one person. .
. S
120.00
068.003
In addition thereto for each partner and /or
employee in connection therewith, . . . . . .
. S
56.00
069000
Addressing, Mailing or Duplicating Service
S
80.00
069001
One employee . . . . . . . . . . . . .
192.00
069002
Two to five employees . . . . . . . . . . . . .
249.00
069003
Six to ten employees. . . .
S
310.00
069004
Over ten emplovees . . . . . . . . . . .
070000 Administrative Offirt
070001
One
to five employees
S
070002
Sic
to fiftoon cmnl�ivcos.
120.00
070003
Sixti•on
to twenty -five c•rnpluv •'s. . . .
$
. . . . $
180.00
070004
Over
twntv-1 e
e ive m4iia vo
$
21 0.00
270.00
11
71000
Advertising: Trade inducement company or
individual - the term "advertising or trade
inducement company or individual" shall be
construed to apply to each person engaged in
conducting an advertising or trade inducement
company of offering for sale anv goods, wares
or merchandise by advertisement or in any other
inducements or schemes are offered to induce
trade . . . . . . . . . . . . . . . . . . . . .
S
468.75
072000
Advertising agency (only one person) . . . . .
S
120.00
072001
In addition for each partner or employee
S
56.00
073000
Advertising benches business. . . . . . . . . . .
$
80.00
(For regulatory provisions and permit fee
for each bench see Sections 3 -45, 3--52,
City Code)
074000
Advertising on streets . . . . . . . . . . . . . .
$
120.00
075000
Advertising: Sound truck, per day. . . . . . . .
$
165.00
(Permission by City Manager, only)
076000
Alarm Systems
Permits installation and service of various
types which includes: Surgler, photoelectric,
ultrasonic, capacitance, sonic, fire and the
like . . . . . . . . . . . . . . . . . . . .
$
165.00
078000
Ambulance (1 ambulance) . . . . . . .
A
100.nn
078001
Each additional ambulance. . . . . . . . . . . .
$
80.00
079001
Answering Telephone Service . . . . . • • . •
$
282.00
080000
Antiques. Merchandise of intrinsic value not
to be confused with secondhand merchandise . . .
$
282.00
Appraiser. (Other tha,i real property, Fla.
Statute 475)
080001
Permitting the operation of but one person . . .
$
120.00
080002
In addition thereto for each partner and /or
employee in connection therewith . . . . . . . •
$
40.00
081000
Armored car, each vehicle. . . . . . . . . • . •
$
120.00
082000
Arms, including pistols, rifles, shotguns and
firearms of all kinds
(a) Dealer in, alone or in connection with
any other business . . . . . . . . . . .
$
192.00
082001
Artist (Including retouching, sketching,
portrait, cartooning, silhouette, etc.
$
192.0Q
082002
Artist - Commercial
Painting, crayoning, sketching, cartooning,
illustrating, retouching, ferrotyping,
etching, similar lines . . . . . . . . . . . .
$
168.00
089000
Auction: Each sale jewelry, rugs, antiques,
Per day . . . . . . . . . . . . . . . . . . . . .
$
1 ,562.50
084000
Auction: Other sales, per day . . .
$
120.00
085000
Auctioneer . . . . . . . . . . . . . . . . .
$
468.75
085001
Auditor . . . . . . . . . . . . . . . . . . . .
$
200.00
-5-
085002
Auditing Firm (Not State Certified)
Permitting the operation of but one person .
S
200.00
085003
In addition thereto for each partner and /or
employee in connection therewith . . . . . . .
S
56.00
086000
Automobile Washing, and polishing, alone
or in connection with any other business . . . .
S
192.00
087000
Auto painting . . . . . . . . . . . . . . . . . .
S
120.00
088000
Auto Tag Agency. . . . . . . . . . . .
S
200.00
089000
Bail bondsman (for regulatory provisions
see Article II, City Code) . . . . . . . . . .
. S
120.00
090000
Banks, general . . . . . . . . . . . . . . . .
. S
337.50
092000
Barber shop (3 chairs, minimum) . . . . . . . .
. $
80.00
092000
Baths, turkish (masseur) . . . . . . . . . .
. $
120.00
093000
Baths, other types . . . . . . . . . . . . . .
. $
192.00
094000
Beauty shop (permits retail sale of barber
and beauty supplies) . . . . . . . . . . . . .
. $
100.00
095000
Bicycle rent and repair . . . . . . . . . . . .
. $
80.00
096000
Blacksmith . . . . . . . . . . . . . . .
. $
100.00
097000
Book bindery (1 -5 employees) . . . . . . . . .
. $
108.00
097001
6 -25 employees . . . . . . . . . . . . . . . .
. $
148.00
098000
Bookkeeping service . . . . . . . . . . . . .
. $
100.00
099000
Bootblack stand, each chair. . . . . . . . . .
. $
12.00
100000
Bottled Waver Distrib.itor. Permits
distribution and sale of bottled mineral
or carbonated waters and /or beverages at
retail only (house to house sales)
(a) Permits use of one vehicle. . . . . . .
$
192.00
100001
(b) For each additional vehicle . . . . . . .
.
56.00
Broker or Agent
101010
(a) Boats, ships and yachts, permitting the
operation of but one person acting as
agent and /or broker negotiating sales
but does not carry stock on hand . . . .
. $
207.00
101020
(b) Business opportunities, permitting the
operation of but one person acting as
intermediary between buyer and seller
for the consideration of a brokerage
fee or commission from either the
huger or seller . . . . . . . . . .
$
192.00
101030
(c) Mercantile . . . . . . . . . . . . . . . .
. $
140.00
101040
(d) Mortgage Loans . . . . . . . . . . . . . .
. $
140.00
101041
(1) For each partner and /or employee
in connection therewith . . . . . . .
. $
56.00
102000
Bus Company . . . . . . . . . . . . . . . .
$
300.00
103000
Cabinet maker's and carpentry shop..
1 -5 employees . . . . . . . . . . . . . . . . .
. $
100.00
103001
6 -25 employees . . . . . . . . . . . . .
$
148.00
103002
Over 25 employees . . . . . . . . . . . . . . .
. S
165.00
G
n
104000 Calculating and Statistical Service,
includes amortization schedules,
computing, etc., (other than data
processing)
(a) Permitting the operation of but
one person . . . . . . . . . . . . . . . . 5 , 200.00
104001 (b) For each partner and /or employee in
connection therewith . . . . . . . . . . . . S 56.00
105000
Carpet and /or Rugs
(a) Installation and service . . . . . . . . . . $
105001
(b) Cleaning, by hand or vacuum process . . . . $
106000
Card writer (engraver) : . . . . . . . . . . . . . $
107000
Caterer . . . . . . . . . . . . . . . . . . . $
108000
Check cashing agency . . . . . . . . . . . . . . . $
108001
Cold storage (retail) . . . . . . . . . . $
110000
Collection agency . . . . . . . . . . . . . . $
111000
Consultant, permitting the operation of
but one person (other than investments) . . . . . $
111001
(a) For each partner and /or employee in
connection therewith . . . . . . . . . . . . $
112000
Contractor. . . . . . . . . . . . . . . . $
113000
Convalescent Home . . . . . . . . . . . . . . . . $
113001
Court Reporter . . . . . . . . . . . . . . . . . . $
114000
Credit Bureau (alone or in connection
with any other business . . . . . . . . . . . . . $
114001
Credit Union . . . . . . . . . . . . . . . . . . . $
115000
Dance hall, ballroom . . . . . . . . . . . . . . $
116000
Dance studio. . . . . . . . . . . . . . . . . . $
117000
Day nursery . . . . . . . . . . . . . . . . . . $
117001
Data Processing Service
Includes systems designed, programming,
tabulating and computing.
(a) Permitting the operation of but one person $
117002
(h) In addition thereto, for each partner and /or
employee in connection therewith . . . . . . $
118000
Delivery, messenger service . . . . . . . . . . $
119000
Detective agency with one Derson -Ref. Subsec. 221000......$
Each additional person......... $
12000
Diaper Service, when not licensed as a
laundry within the City.
(a) Without established place of business
within the City, persons collecting
and /or delivering in connection
herewith shall pay a license fee for
each vehicle . . . . . . . . . . . . . . . . $
-7-
fi
165.00
192.00
80.00
100.00
300.00
160.00
120.00
192.00
56.00
200.00
140.00
192.00
200.00
120.00
160.00
120.00
80.00
200.00
50.00
80.00
200.00
60.00
165.00
121000
Directories, alone or in connection with any
other business compilinz, making or offering
for sale.` . . . . . . . . . . . . . . . . . . . .
$
282.00
122000
Display installation Service. . . . . . . . . . .
$
192.00
123000
Dog Grooming Service. Permits incidental
sale of merchandise (limited to $500.00
of stock carried) . . . . . . . . . . . . . . . .
$
192.00
124000
Dog Training . . . . . . . . . . . . . . . . . . .
$
192.00
125000
Door Operating Devices, permits
installation and service . . . . . . . . . . . .
$
165.00
Draftsman, mechanical, architectual or other
126000
(a) If self — employed . . . . . . . . . . . . . .
$
200.00
126001
(b) If employee . . . . . . . . . . . . . . . . .
$
84.00
127000
Dressmaking (no stock) (one person) . . . . . . .
$
60.00
127001
(a) Each additional person . . . . . . . . . . .
$
40.00
128000
Dry Cleaner, Cleaner and Dyer. Permits
fur storage and repair.
128001
Plant, where cleaning, pressing or
dyeing is done on premises. . . . . . . . . . . .
$
249.00
128002
Agency, where no cleaning, pressing.
or dyeing is done on premises . . . . . . . . . .
$
164.00
128003
Without an established place of business
within the City; persons collecting
and /or delivering in connection with
the business of license fee for each
vehicle . . . . . . . . . . . . . . . . . . . . .
$
165.00
129000
Electric Power & Light Company. . . . . . . . . .
$
450.00
130000
Employment agency (one per: -on). . . . . . . . .
$
160.00
130001
(a) Each additional partner /employee , , , , , ,
$
56.00
131000
Entertainment in restaurants, dining rooms,
bars, providing vocal and /or instrumental
entertainment of not more than three (3)
persons . . . . . . . . . . . . . . . . . . . . .
$
310.50
131001
Escort Agency . . . . . . . . . . . . . . . . . .
$
186.75
132000
Express company (set by state)
133000
Fender and body work, auto painting
(no garage) . . . . . . . . . . . . . . . . .
$
120.00
134000
Fortuneteller, including clairvoyant,
palmist, astrologer, phrenologist, character
reader, spirit medium, absent treatment healer,
mind reader, mental healer, numerologist, and
every person engaged in any occupation of
similar nature. . . . . . . . . . . . . . . .
$
2,148.44
135000
Franchise Broker and /or Dealer. . . . . . . . . .
S
281.25
135001
Freight Forwarding Service
Establishment engaged in furnishing shipping
information and acting os a);onts for freight
and cargo shipments.
(a) Permitting; the op,r:itinn of but one person
$
200.00
135002
(b) in addition theret<�, each partner and /or
employee in connection therewith . . . . . .
$
56.00
n
135000
Funeral home, embalming . . . . . . . . . . . . .
S 225.00
136001
Funeral home, no embalming . . . . . . . . . . .
S 180.00
(Ambulance fee is additional)
137000
Garbage Collector . . . . . . . . . . . .
S 200.00
138000
Gas Company (public utility) . . . . . . . . . . .
S 165.00
139000
Gymnasium. Athletic exercise or gymnastics
(limited to S500.00 of stock carried) . . . . .
S 225.00
140000
Hall for hire . . . . . . . . . . . . . . . . . .
S 100.00
141000
Hospital- sanitarium, clinic . . . . . . . . . . .
S 200.00
141001
Importer /Exporter . . . . . . . . . . . . . . . .
$ 337.50
Defined as an individual, company,
co- partnership coporation or agent thereof
engaged in the business of buying and selling
tangible personal property (other than those
specifically classified herein) as a whole-
saler or distributor, and only where the
merchandise is kept or stored or delivered
from outside the City. (Where the
merchandise is located within the City
there is a Merchant's license due.)
142000
Insurance adjustor . . . . . . . . . . . . . . .
$ 140.00
141001
Each additional adjustor . . . . . . . . . . .
$ 40.00
143000
Insurance Agency - 1 agent. . . . . . . . . . . .
$ 120.00
143001
Each additional agent . . . . . . . . . . . . . .
$ 40.00
The following license fees are required
to be paid by each person operating an
insurance agency in the city. A separate
license shall :)e required fot each separate
location and for each person connected with
such agency engaged in soliciting or taking
applications for, negotiating, effecting or
collecting premiums or insurance, whether the
insurance companies represented by the agency
are regularly licensed by the State of Florida
or not; and provided, that each insurance
company represented by such agency shall first
have taken out a license as provided herein,
permitting its operation with any duly
licensed insurance agency in the city, and
provided that there shall be kept on display
in a conspicuous place at the agency hereby
licensed, a permit executed by the tax collector
permitting theoperation of each insurance
company represented through the agencv hereby
licensed.
144000
Insurance company . . . . . . . . . . . . . .
$ 160.00
Each insurance company or association operating,
in the city, including all companies or
associations writing casualty, liability,
industrial, fire, health, accident, Life and
other insurance of all kinds and types;
including also all companies or associations
writing fidelity, court, contract and surety
honds, financial guarantees and tit lc• insurance
nr �;narant,•os.
1. -9-
145000
Interior Decorator (no stock) . . . . . . . . . .
S
108.00
L46000
Investment counsellor . . . . . . . . . . .
S
140.00
(not a dealer in securities)
147000
Investments and securities. . . . . . . . . . .
S
255.00
'148000
Laboratory, dental, chemical, X -ray (1 person) . .
S
120.00
148001
(a) Each additional partner /employee. . . . . . .
S
40.00
149000
Land Development Company . . . . . . . . . . . .
S
225.00
150000
Landscaping. Permits designing, installation,
planting and maintenance of yards and grounds;
planting and care of trees, grass and shrubs.
Does not include installation of sprinkler
systems or pest control service. (Requires
insurance) . . . . . . . . . . . . . . . . . . . .
S
165.00
151000
Laundry . . . . . . . . . . . . . . . . . .
S
200.00
152000
Laundry agency . . . . . . . . . . . . . . . . . .
S
120.00
153000
Laundry, hand . . . . . . . . . . . . . . . ..
S
60.00
154000
Laundry, no local headquarters . . . . . . . . .
S
120.00
154001
Each additional truck . . . . . . . . . . . . . .
$
40.00
155000
Laundry, self- service . . . . . . . . . . . . . .
$
140.00
(10 machines)
155001
Each additional machine . . . . . . . . . . . . .
S
10.00
156000
Lawn and shrubbery maintenance. Includes
cutting of grass, pruning and minor planting,
does not include spraying service.
156001
(a) One person . . . . . . . . . . . . . . . . .
$
60.00
156002
(b) Two to three persons . . . . . . . . . . . .
$
100.00
156003
(c) Fo.ur to eight persons. . . . . . . . . . . .
. $
164.00
156004
(d) Over eight persons . . . . . . . . . . . . .
$
163.00
157000
Linen supply service . . . . . . . . . . . . . . .
S
100.00
158000
Locksmith. Includes locksmiths and key
makers . . . . . . . . . . . . . . . . . . . . .
$
192.00
159000
Machine Shop. Permits machining of parts,
assembling, welding, tool and dye work
and general machine work.
159001
(a) For three persons. . . . . . . . • • •
S
H5.00
159002
(b) Over three persons . . . . . . . . . . . . .
.00
160000
Mattress renovating . . . . . . . . . . . . .
$
140.00
161000
Microfilming Service, with or without an
established place of business within the
City. . . . . . . . . . . . . . . . . . . .
$
192.00
162000
Milk Distributor. Permits distribution and
sale of milk and dairy products, retail only,
(House to house sales)
(a) Permits use of one vehicle . . . . . . .
S
192.00
162001
(h) For each additional vehicle. . . . . . . •
S
56.00
163000
Model Agency, for the placement of modi.Is
who are employees of the agency • . . . . . . . .
S
165.00
164000
Mortgages and Loans. F.ach person, ot.her
than state it national hanks and huildinl-
and loan associations, engaged in tht•
husinoss of lending money, socurcd by
roaI nr personai pro perty or othrrwis,-
not hcrrin clrissIficd as a small loan
rompanv or as a pawnhrokor• . . . . . . . . . .
S
231.25
-10-
165000
Motion Picture Producer . . . . . . . . . . .
. .
200,.__
166000
Motion Picture Studio
(a) Not exceeding 5,000 sq. ft.
207.E
166001
(b) Over 5,000 sq. ft. . . . . . . . .
S
310.5
167000
Motion Picture Machine Operator . . . . . . . .
. S
200.0=
168000
Museums, including storerooms, shows,
exhibiting articles and relics of historic
interest or object of art with or without
admission charge . . . . . . . . . . . . . . .
S
249.^
169000
Naval Architect . . . . . . . . . . . .
. S
200..
170000
Nursery (Plants) . . . . . . . . . . . . . . . .
. S
200.02
171000
Oil or Grease Salvage Collection, with or
without an established place of business
within the city . . . . . . . . . . . . . . . .
. S
192.00
172000
Oxygen Dealer, rendering sale or service of
oxygen gas . . . . . . . . . . . . . . . . . . .
. S
192.00
(When not classified as rental agency or
personal property)
173090
Parcel Delivery and /or Messenger Service. . . .
. $
192.00
(Exclusive of telegrams)
174000
Parking lots - commercial
Up to 10,000 square feet. . . . . . . . . . .
. S
136.00
174001
Each additional 5,000 square feet or
fraction thereof . . . . . . . . . . . . . . . .
. $
68.00
Defined as property properly zoned for
such business. The above license fees
are required for parking spaces, except
when publicly advertised as "Free Parking"
for customers and /or employees (,nly.
5200.00 for one
175000
Patrol agency. See subsection 221000 . . . . .
. I,erson, $60.00
176000
Patrol Service. . . .
each
5200.00
additional
for
Where such services do not conflict with
one
person, S60.00
the Police Department, but are confined
each
additional
to homes and does not extend beyond the
following: Checking on homes when owners
are on vacation; changing tires; pushing
cars when they will not start; checking
on baby sitters; taking members of house-
hold, other than boarders, to doctor;
free ambulance service; answering calls as
to prowlers and, if located, notifying
Police; and any emergency that might occur
around the home.
177000
Pawnbroker. . . . . . . . . . . . . . . . . .
. $
421.00
1780.00'
Pest control permitting exterior and /or
interior spraying, as qualified in the
category or categories of pest control as
indicated on the license issued by the
Florida State Board of Health. State
certification required before issuance of
license. (See F. S. 482 - Pest Control
Act 1965),
178001
(a) Fumigation
178002
(h) Cvneral household and /or rodent
S
165 l!1
17H003
control' . • . . . . . . . . •
(,) Lawn and
. S
165.00
17800:
ornamental
(d) 1'rrmitc and
S
165.00
other wend jilt ,,tinr.
ri:.inisms . . . . . . . . . . . . . . . . .
. S
165.00
178005
`li ^.r.-, 1i,,onse fee, if qualified in all
catez_eri,s listed above . . . . . . . . . . .
. .. S
282.02
178006
If qualified in three categories. . . . . . .
. . S
243.0
178007
If qualified in two categories. . . . . .
. . S
207.;3
178008
If qualified in one category. . . . . . ... .
. . S
165 .9
179000
Photocrapher . . . . . . . . . . . . . . . . .
. . S
100.00
180000
Photocrapher, finisher . . . . . . . . . . . .
. . S
100.00
181000
Photocrapher, street. . . . . . . . .
. . 100.00
(Must have solicitor's license and permit
from the Chief of Police).
182000
Physical Therapist R.P.T . . . . . . . . . . .
. . S
200.00
183000
Private school . . . . . . . . . . . . . . . .
. . S
200.00
183001
Professional Service Corporation . . . . . .
. . S
200.00
184000
Promoter of entertainment, sports,
contests, parades or similar activities
sponsored -by civic, fraternal or religious
organizations, including vendors in
connection therewith. . . . . . . . . . .
. . S
75.00
185000
Property Management . . . . . . . . . . . . .
. . S
120.00
186000
Public stenographer . . . . . . . . . . .
. . $
80.00
187000
Radio broadcasting station. . . . . . . . . .
. . S
258.75
188000
Real Estate Broker . . . . . . . . . . . . . . .
. $
160.00
188001
Each salesman . . . . . . . . . . . . . .
. . S
40.00
189000
Rehabilitation Center . . . . . . . . . . . . .
. S
200.00
190000
Rental agency (equipment & material). . . . . .
.. S
140.00
191000
Rental, cars . . . . . . . . . . . . . . . . .
. S
247.50
191001
Each vehicle . . . . . . . . . . . . . . . .
. S
40.00
192000
Repair Shop . . . . . . . . . . . . . . . . . .
. S
100.00
193000
Reporters. Includes convention, court,
medical and similar types of reporting,
one person . . . . . . . . . . . . . . .
. $
192.00
193001
(a) Each partner /employee. . . . . . . . . . .
. S
56.00
194000
Riding academy . . . . . . . . . . . . . . . . .
. S
165.00
195000
Salesman, outside (with locally ,licensed
firm) , each . . . . . . . . . . . . . . . . . .
. $
24.00
196000
Savings and loan association. . . . . . . . . .
. $
337.50
197000
Services, general . . . . . . . . . . . . .
. $
100.00
198000
Shoe repair shop . . . . . . . . . . . . . . . .
. S
100.00
(Permits retail sale of shoe polishes
and cleaners)
199000
Sightseeing buses. Each vehicle. . . . . . . .
. S
180.00
200000
Sign write=r . . . . . . . . . . . . ., . . ,
. S
80.00
200001
Sign Companv . . . . . . . . . . . . . . . . . .
. S
120.00
201000
Small Han company . . . . . . . . . . . . . . .
. $
300.00
-12-
202000
Tailor . . . . . . . . . . . . . . . . . . .
S 80.00
203000
Tax agency . . . . . . .
S 120.00
204000
Taxis
Right to engage in the taxicab business. . . . .
S 200.00
204001
Each vehicle . . . . . . . . . . . . . . . . .
S 240.00
205000
Telegraph Company. . . . . . .
$ 140.00
206000
Telephone Company. . ,
S 393.75
207000
Television Broadcasting. Business of
production or generation of electromagnetic
waves within the City for the purpose of
broadcasting . . . . . . . . . . . . . .
$ 281.25
208000
Ticket Office . . . . . . . . . . . . . . . . . .
$ 207.00
209000
Towing Service
(a) Towing of motor vehicles which have
been impounded by the City of South Miami
and the storage thereof within the City
$ 120.00
No such license shall be issued except
to an operator who will qualify by
providing twenty -four (24) hour service,
to be both safe and adequate, as approved
and directed by the City Manager.
209001
(b) Towing of motor vehicles other than
those impounded by the City of South
Miami with or without an established
$ 192.00
place of business within the City ,
210000
Trading Stamp Company. . . . . . . . . . . .
$ 537.50
211000
Transfer company, eac'i vehicle .
$ 60.00
212000
Trash and junk collector . .
$ 160.00
213000
Travel Bureau, . , . . . . . . . . . . . . . .
$ 100.00
214000
Tree Surgeon . . . . . . . . . . . . . .
$ 120.00
215000
TV and radio repair (no sales) . . . . . . . . .
$ 80.00
216000
Upholsterer . . . . . . . . . . . . . . . . .
$ 120.00
217000
Warehouse to 5,000 sq. ft. . . . . . . . . . . .
$ 200.00
217001
Over 5,000 sq. ft. . . . . . . . . . . . . . .
$ 240.00
218000
Water company. . . . . . . . . . . . . . . .
$ 280.50
219000
Window, house cleaning . . . . . . . . . . . . .
$ 60.00
220000
Yoga Studio . . . . . . . . . . . . . . . . . .
$ 120.00
221000
Detective or patrol agency.
(a) Any application for a license either as
a private detective agency or patrol agency
shall designate the location of said agency
in which said business shall be conducted,
the exact name of the individual, corporation
or co- partnership who seeks to conduct said
business, the age of such individual if such
application for an individual only. That
the police chief of the City of South Miami
is hereby authorized to have prepared the
application as herein described and can add
to said application as to matters deemed
neressary in properly inquiring, of said
applicants as to their fitness.
-13-
(b) It is further provided that it shall be
mandatory for any applicant to afford to
the City his financial standing and previous
experience in the type of activity for which
the license is applied and the police
department shall be under a duty to investigate
the past records of the individuals or
individual applying and making proper
recommendation to the City Commission of the
City of South Miami as to whether the said
application shall be granted or denied.
(c) All applications for either a private
detective agency or patrol agency must be
granted by the City Commission based on the
recommendations of the City of South Miami
Police Department and no such application
if granted shall be transferable except if
the same is allowed by the City of South
Miami City Commission.
(d) The yearly license fee for either a private
detective agency or a patrol agency shall
be in the sum of $200.00 for one person and the
sum of $60.00 for each additional person.
-14-
ATTACHMENTS
' 9 -93 -1537
�z� : ;NA;ICIz :.n.
NI 'RtINANCF_ F THE ; IAYOR AND _ -.': _0MMI7 _Z:0N .. "17 THE
^.Y :F SOUTH ; 1IAMI, FLORIDA AMENDING 9RDINANCE NO. '-3-
'g -�c I )F 30UTH t1IAMI 3Y :,MITT THE
EOUIREMENT FOR =ROOF ':F :ASUAL7'1 ::ISURANCE 73C :1
A;?': : IONS °�R :C"JPATIONAL £NSES: ?ROVIC : :70 FOR
_'JERAB:L:T?: ..OVI_Z:NG FOR ORDINANCES . :J _VFL :CT, AND
r`ROV:_ :NG AN =- FEC'::%E LATE.
WHEREAS. the :1tv of South Miami has heretofore enacted an
ccuoational License Ordinance, which was amended 5y Ordinance
'Ia. 18 -80 -1-077 to provide in Section 1 (c) thereof:
All aoulications !or occupational license of
renewal :hereof shall show the name, address,
tremium. effective date -) f .he zurrenc
:asualtv insurance issued to such apno:aant
cpr which an occupational license or renewal
:s sought at the time of submission of said
�ccucationaT license aoo_lication and the
renewal each year.
and•
WHEREAS. the Mavor and Citv Commission believe it is not
necessary 10 require proof of casualty :nsurance as a
prerequisite for application for an occupational license or
renewal `.hereof:
NOB:. THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 1 (c) of Ordinance No. 18 -80 -1077
:1e. and the same hereby is, repealed.
Section 2. :f any section, clause, sentence, or phrase of,
=his Ordinance is held to be invalid or unconstitutional by anv
:curt of :ompecenc 'urisdiction, then said holdina shall in no
way affect the validity of the remaining portions of this
rl i n•ince .
Section 3. All Ordinances or parts of Ordinances in
-:inflict .._rewith te, and the same hereby are, repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
V _
-v PND rDOPTED 20 :ay .£ July , 1393.
APPROVED:
YGic
READ AND APPROVED AS TO FORM:
D _
:iaY ATTORNEY
2
�t+-sff- .F,y�t'�{� -�Y ^, ��V �'"a'�..:�^1_"'%�c-�i•. �..Y �'A���- �"�?h/1M±�M!c'ra`�F;� 'Si +�- "�
ORDINANCE NO. 12 -92 -1507
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 5 -91°
1470 BY PROVIDING A PERIOD OF SEVEN CALENDAR DAYS FOR
PERSONS WHO HAVE FAILED TO EVER OBTAIN AN OCCUPATIONAL
LICENSE TO OBTAIN SUCH LICENSE WITHOUT INCURRING A
FINE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, by Ordinance first enacted in 1948, the City of
South Miami, Florida required occupational licenses; and
WHEREAS, thereafter in Ordinance 5- 91- 1470, the City of
South Miami imposed a S 300.00 fine for those persons who have
failed to ever obtain an occupational license (as compared to
persons whose license has not been timely renewed);
WHEREAS, the Mayor and Commission now wish to amend the
Ordinances by providing a grace period of seven calendar days
from the date of notification of the failure to .obtain such
occupational license within which the person who has failed to
obtain such license may obtain it without fine;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Sub- Section 25 a) of Ordinance 5 -91 -1470 be, and
hereby is, amended to read as follows:
Any person engaging in or managing any business,
occupation or profession without ever having first
obtained a local occupational license, if required
hereunder, shall be subiect to a penalty of twenty -five
percent (25%) of the license determined to be due, in
addition to any other penalty provided by law or
ordinance.
Section 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
I/
,r
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 2 th day of June, 1992.
ATTEST: `
C �' c
J
CIT ?-'Cl ERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
YOR
2
ORDINANCE NO. 20 -91 -1485
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ORDINANCE 5 -91 -1470 OF THE CITY OF SOUTH
MIAMI, FLORIDA TO PROVIDE A LIMITATION ON FINES FOR
DELINOUENT OCCUPATIONAL LICENSE RENBWAL; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE
DATE.
WHEREAS, on March 51 1991, the City of South Miami, Florida
has enacted Ordinance 5 -91 -1470, which amended *sub-section 25 c)
of -Ordinance 18 -80 -1077 to provide for an additional fine for
delinquent occupational license renewal; and
WHEREAS, it appears Florida Statute 205.053 limits municipal
powers to fine delinquent occupational license holders; and
WHEREAS, the Mayor and City Commission wish to amend the
Ordinance to accord with the State Statute;
NOW, THEREFORE, HE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section la. Sub - section 25 c) of the Ordinance 18 -80 -1077
be, and the same is, hereby amended to read as follows:
c). Enforcement procedures under this Ordinance for
occupational license renewals shall take effect after a
renewal is delinquent 4 months and 1 day and the
foregoing shall be in addition to all other fines as
specified for licenses not renewed within the specified
period of time; however, the total delinquency penalty
shall not exceed 25 percent of the occupational license
fee for the delinquent establishment.
section 2. If any section, Clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaini,q portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 4. This ordinance shall take effect immediately at
the time of its passage,
PASSED AND ADOPTED this 3Q th day of June 1991.
APPROVED:
7(kY4
CI R
READ AND APPROVED AS'TO FORM:
CITY ATTORNEY
2
y.r+ tiv'
ORDINANCE NO. 5-91 -1470
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMEMDIMC ORDINANCE NO. 18- FC -IC77,
SECTION 25., FAILURE TO OBTAIN LICENSE., OF THE CITY OF
SOUT1: MIAMI COPE OF ORDINANCES BY PROVIDINC A FINr OF THREE
HUNDRED ($00.00) DOLLARS FOR THOSE OPENINC AND OPERATIMC A
BUSINESS It! T1IG CITY OF SOUTH MIA:129 FLORIDA, !-.ITI:OUT FIRST
OBTAINING THE REQUIRED CITY OF SOUTI. IIIAi:2 OCCUPATIONAL
LICENSE; PROVIDING FOR ORDINAIICES OR PARTS OF ORDINANCES
III CONFLICT AND PROVIDING AN EFFECTIVE DATE.
VIIEREAS, Ordinance No. 1P -Pb- 10779 which was enacted in
198C, provides "a penalty of twenty -five (251).percent of the
license determined to be due in addition to any other penalty
provided by law or ordinance" for those persons engaging in or
managing any business, occupation or profession without first
obtaining a loeal'occupationai license. -
11021, THEREFORE, BE IT ORDAINED BY THE FAYOR AND CITY
COMMISSION OF THE CITY. OF SOUTH MIAMI, FLORIDA:
Section 1.. That Ordinance No. 1F -FO -1077 Section 25.,
Failure to Obtain License, of the City of South Miami Code of
Ordinances be and the same is hereby amended to read as follows:
a) Any person engaging in or managing any business, occupation
or profession without first obtaining a local occupational
license, if required hereunder, shall be subject to a fine
of three hundred ($300.00) dollars in addition to any other
penalty provided by law or ordinance.
b) Enforcement procedures for new occupational licenses may
commence upon the City becoming aware of any person
engaginE in or nanaging any business, occupational or
profession without first obtaining a local occupational
license.
c) Enforcement procedures under this ordinance for
occupational license renewals shall take effect after a
renewal is delinquent 4 months and 1 day and the foregoing
shall be in addition to all other fines as specified for
licenses not renewed within the specified period of time.
Section 2 All ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 3. This ordinance.shall take effect immediately at
the tire of its passage.
PASSED AND AfOPTED this 5th day of March
APPROVED:
7 .
ayor,-�
ATTEST:
C KI C erk
READ AND APPROVED AS TO FORM:
City Attorney
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 24 OF ORDINANCE NO. 18 -80 -1077
OF THE CITY OF SOUTH MIAMI BY DELETING THEREFROM
THE "SCHEDULE OF LICENSE TAXES" ATTACHED TO SAID
SECTION AND SUBSTITUTING IN ITS PLACE AND STEAD
THE "SCHEDULE OF LICENSE TAXES" WHICH IS ATTACHED
TO THIS ORDINANCE AND MADE A PART OF SAID
SECTION 24, WHICH SCHEDULE PROVIDES FOR AN INCREASE
IN LICENSE TAXES, REPEALING ALL ORDINANCES OR PARTS °
OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 24 of Ordinance No. 18 -80 -1077, of the
City of South Miami be, and the same is hereby amended by deleting the
"Schedule of License Taxes" attached to said Section and substituting in
its place and stead the "Schedule of License Taxes" attached to this
Ordinance and made a part of said Section 24, which Schedule provides for
an increase in license taxes.
Section 2. All Ordinances or parts of Ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. This Ordinance shall take effect on October 1, 1983,
PASSED AND ADOPTED this 2hd day of August 1983.
APPROVED:
ATTEST:
MAYOR
CIT CL R
0
Passed on 1st Reading: _7/19183
Passed on 2nd Reading: 8/02/83
ORDINANCE NO. 18 -80 -1077
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, IMPOSING OCCUPATIONAL LICENSE
TAXES ON PERSONS MAINTAINING A PERMANENT
BUSINESS LOCATION OR BRANCH OFFICE WITHIN
THE CITY FOR THE PURPOSE OF ENGAGING IN
OR MANAGING A BUSINESS, PROFESSION, OR
OCCUPATION WITHIN THE CITY, AS PROVIDED FOR
IN CHAPTER 72 -306, LAWS OF FLORIDA: PROVIDING
FOR TRANSFER OF LICENSES; PROVIDING FOR
PENALTIES FOR DELINQUENT PAYMENTS; PROVIDING
PENALTIES FOR VIOLATION OF ORDINANCE;
EXPRESSING INTENT THAT ORDINANCE NOT BE
INCLUDED IN THE CITY CODE; EXPRESSING INTENT
OF SEPARABILITY; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI.' FLORIDA:
SECTION 1. LICENSE REQUIRED.
(a) No person shall engage in or manage the businesses,
occupations or professions enumerated in this ordinance and
required to be licensed by the City, without first having paid
the amount of license tax required for each separate location
in the City, for the use of the City, and having obtained a
City license therefor. For the purpose of this ordinance, any
person holding himself out to the public by sign, printed
matter, telephone directory classified section, city directory,
post office box or otherwise, regardless of whether such person
actually transacts any business or practices a profession or
engages in an occupation shall be considered as engaging in
business and shall be liable for an occupational license tax
therefor, according to the classification of the business so
held out or advertised, as set forth herein.
(b) Professional practitioners are recognized professions
regulated by State Boards requiring examination and certification.
Professional licenses are individual licenses and each person
engaged in the practice of their profession whether alone, in a
partnership or as an employee of another person, partnership,
corporation or professional association shall obtain an occupational
license.
- 1 -
SECTIOM ______..
After Dane Date.
Any license issued under this Chapter shall expire on
the 30th day of September of each year. No license shall be
issued for more than one year. Those licenses not renewed by
October lst shall be considered delinquent and subject to a
delinquency penalty of ten percent (10X) for the month of
October plus an additional five percent (5 %) penalty for each
month of delinquency thereafter until paid, provided that the
total delinquency penalty shall not exceed twenty -five percent
(25 %) of the occupational license fee for the delinquent
establishment.
SECTION 3. FRACTIONAL LICENSES.
`Unless otherwise provided for each license obtained
between October first and April first the full tax for one year
shall be paid, and for each license obtained from April first to
September thirtieth, one -half the full tax for one year shall be
paid.
SECTION 4. APPLICATIONS - Date; Filing, Necessary
Information
Every person engaged in or managing any business,
profession or occupation referred to in this chapter in the City,
is required to procure a city license as herein provided and shall,
on or before October first of each year, and always before engaging
in any business, profession or occupation, file an application on
the prescribed form with the tax collector, signed by an officer,
partner or owner of the business. All licenses shall be applied
for and issued in the real name of the applicant; in cases where the
applicant has qualified under the Laws of Florida for the use'of
a "Fictitious Name ", the license, if issued, shall show the real
name as well as the fictitious name of the applicant. In such
application, the applicant shall set forth the name of the owner
(if a firm, the names of all members of the firm; if a corporation,
the names of all officers of the corporation); the location of the
business; the full nature of the business; where the license tax
is based thereon; the value of stock carried or the number of seats,
machines, employees, gasoline pumps, rooms, or vehicles, etc., used,
as the case may be; and such other pertinent information as may be
prescribed by the tax collector.
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SECTION 5. MISREPRESENTATION OF MATERIAL FACT.
Any license obtained under the provisions-of this chapter
upon a misrepresentation of a material fact shall be deemed null and
void, and the licensee who has thereafter engaged in any business
under such license shall be subject to prosecution for doing business
without a license, to the same effect and degree as though no such
license had ever been issued.
SECTION 6. VALUE OF STOCK CARRIED.
Whenever in this chapter a license tax is based upon or
determinable by the "value of stock carried ", the value of stock
carried shall be the wholesale cost value of all stock in trade and
merchandise on hand as of the close of the fiscal year of the licensee
next preceding the start of the license period in question. Where
the license is not a renewal license or the licensee has not complete
one fiscal year, then the value of stock carried shall be the cost
value of all stock in trade and merchandise on hand as of the date
of commencement of business. The true value of stock carried, as
above defined, shall be stated by the applicant for a license or
for a renewal of license.
In the event an applicant for a license fails or refuses
to state or set forth the value of stock carried, as above defined,
or sets forth such value inaccurately, the tax collector of the
city shall fix and determine such value from any information in his
possession, and the value so fixed shall be used to determine the
amount of license tax due the city.
SECTION 7. DETERMINATION OF CLASSIFICATION.
In the event of a disagreement between applicant and the'
city on the question of proper classification of any business,
occupation or profession for license purposes, the tax collector
shall decide the proper classification, with the right, in the
applicant, to appeal from such decision to the City Commission
whose decision upon the point shall be final.
SECTION 8. LICENSE TO APPLY TO ONE PLACE OF BUSINESS.
All licenses provided for herein shall be issued for and
apply to only one place of business within the Citv.
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/ SECTION 13. CHANGE OF OWNERSHIP; REQUIREMENTS; FEES.
Licenses issued by the city may be transferred with the
approval of the tax collector (except in the case of alcoholic
beverage licenses, which shall require approval of-the City
Commission) with the businesses for which they were taken out,
except as otherwise provided by law, when there is a bona fide
sale and transfer of the property used and employed in the business
as stock in trade, and not otherwise, subject,' however, to the
following conditions:
(a) The seller of the business shall present the license
to the tax collector with an endorsement on the
reverse side thereof, assigning all right, title and
interest to the purchaser.
(b) The purchaser shall produce a properly executed
instrument showing the transfer of stock of goods
and of the lease or deed to the property.
(c) The purchaser shall file an application for license,
and shall qualify in all respects as provided by law
and by the ordinances of the city as an applicant
for a license, as if he had applied for the license
in the first instance.
(d) A fee shall be paid to the tax collector in connection
with such transfer, amounting to $3.00.
Every person operating what is commonly known as "lease
department" in any store shall pay a license for the operation of
each department so leased according to the proper classification of
the business or occupation as set forth therein.
SECTION 15. TERMINATION OF LICENSE ON NOTICE OF BANKRUPTCY.
When any person engaged in mercantile or other business
in the city shall make an assignment for the benefit of creditors,
or when any such person shall be adjudicated a voluntary or an
involuntary bankrupt or declared insolvent, any license theretofore
issued, authorizing such person to do business in the city, shall
immediately be terminated and shall, upon such assignment for the
benefit of creditors or upon such adjudication in bankruptcy,
immediately become null and void.
SECTION 16. REVOCATION FOR VIOLATION OF CODE OR ORDINANCES.
The license of any person for the operation of any business
may be revoked by the City Commission at any time, upon notice and
hearing for violation of any of the provisions of the Code or
MIM
' ordinances of the city or laws of the State of Florida, or for any
other good and sufficient reason; provided, however, that this
section shall not affect the power of the municipal court to revoke
certain licenses where such revocation is specifically provided for
by ordinance.
SECTION 17. RE- ISSUANCE OF LICENSE; PAYMENT OF DEBTS
DUE CITY PREREQUISITE.
Any person being delinquent in the payment of any assessment,
taxes, fees or any moneys due unto the city shall be as a prerequisite
to the re- issuance of an occupational license be required to pay any
assessment, taxes, fees or sums of money of any nature whatsoever due
unto the city before the aforesaid occupational license will be
re- issued by the authorities of the city.
This requirement shall pertain to any assessment, tax, fee
or charge due for services rendered the premises occupied by such
business or any fee, tax or assessment or charge of whatever nature
required for services rendered the aforesaid business location, but
the same shall not impair any obligation on the part of the property
owner to pay any sums due unto the city by virtue of fees, assessments,
taxes or charges and this section shall be deemed to require the
good standing of any business within the city limits prior to its
being qualified to conducting business therein.
SECTION 18. REGULATORY PROVISIONS REMAIN IN EFFECT.
Unless otherwise herein specifically excepted, changed or
differentiated, all qualifying or regulatory provisions of the city
applicable to or affecting any of the businesses, operations,
occupations or classifications covered by this chapter shall be and
remain in full force and effect.
SECTION 19. LICENSES TO CONFORM TO ZONING AND BUILDING
REGULATIONS.
Where any question of zoning arises, no license shall be
issued hereunder for any business, occupation or profession until
the location thereof shall have first been approved by the City
Commission.
SECTION 20. AUTHORITY OF TAX COLLECTOR TO PROMULGATE RULES.
The tax collector may make such rules and regulations. not
inconsistent with this chapter, as may be necessary or proper for the
enforcement of the provisions hereof.
-6-
ordinances of the city or laws of the State of Florida, or for any
other good and sufficient reason; provided, however, that this
section shall not affect the power of the municipal court to revoke
certain licenses where such revocation is specifically provided for
by ordinance.
SECTION 17. RE- ISSUANCE OF LICENSE; PAYMENT OF DEBTS
DUE CITY PREREQUISITE.
Any person being delinquent in the payment of any assessment,
taxes, fees or any moneys due unto the city shall be as a prerequisite
to the re- issuance of an occupational license be required to pay any
assessment, taxes, fees or sums of money of any nature whatsoever due
unto the city before the aforesaid occupational license will be
re- issued by the authorities of the city.
This requirement shall pertain to any assessment, tax, fee
or charge due for services rendered the premises occupied by such
business or any "fee, tax or assessment or charge of whatever nature
required for services rendered the aforesaid business location, but
the same shall not impair any obligation on the part of the property
owner to pay any sums due unto the city by virtue of fees, assessments,
taxes or charges and this section shall be deemed to require the
good standing of any business within the city limits prior to its
being qualified to conducting business therein.
SECTION 18. REGULATORY PROVISIONS REMAIN IN EFFECT.
Unless otherwise herein specifically excepted, changed or
differentiated, all qualifying or regulatory provisions of the city
applicable to or affecting any of the businesses, operations,
occupations or classifications covered by this chapter shall be and
remain in full force and effect.
SECTION 19. LICENSES TO CONFORM TO ZONING AND BUILDING
REGULATIONS.
Where any question of zoning arises, no license shall be
issued hereunder for any business, occupation or profession until
the location thereof shall have first been approved by the City
Commission.
SECTION 20. AUTHORITY OF TAX COLLECTOR TO PROMULGATE RULES.
The tax collector may make such rules and regulations, not
inconsistent with this chapter, as may be necessary or proper for the
enforcement of the provisions hereof.
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-6-
a �
SECTION 21. LICENSE FEE A DEBT.
The amount of any license tax and penalty imposed by the
provisions of this chapter is hereby declared to be a debt due to
the city, and any person carrying on any business without first havin
procured a license from the city so to do, shall be liable to the
city for the amount of such license tax recoverable in any court of
competent jurisdiction.
SECTION 22. REPLACING LOST OR DESTROYED LICENSES; FEE.
For the purpose of replacing any mutilated, destroyed or
lost license certificate receipt relating to any occupational license
granted by the city, the tax collector is hereby authorized and
empowered to cause to be executed and delivered an appropriate
duplicate license certificate or receipt, upon the submission of
evidence satisfactory to the tax collector. that the original
certificate or receipt was mutilated, destroyed or lost, and upon
the holder of such original furnishing the city with indemnity
satisfactory to said collector, and upon the payment to the city by
the holder of the sum of one dollar ($1.00) for each such duplicate
license certificate or receipt executed and delivered hereunder.
SECTION 23. RECIPROCITY.
Any person who has obtained a license by or through
examination in any other city in Dade County, which has requirements
similar to those in this Code with respect to the issuance and
granting of licenses for the several businesses or occupations, may,
if approved by the examining board and without the formality of an
examination, be granted a certificate or license by-reciprocity, apor
the payment of the occupational license tax or charges applicable to
such business or occupation.
SECTION 24. SCHEDULE OF LICENSE TAXES.
The various businesses, occupations and professions within
the city are hereby classified for the purpose of this ordinance and
assessments of license taxes therefor are hereby fixed per annum,
it
unless otherwise provided as set forth in the schedule attached
hereto and made a part hereof, and entitled "Schedule of License
Taxes ".
P, -7-
SECTION 25. FAILURE TO OBTAIN LICENSE.
Any person engaging in or managing any business, occupation
or profession without first obtaining a local occupation license,
if required hereunder, shall be subject to a penalty of twenty -five
percent (25%) of the license determined to be due, in addition to
any other penalty provided by law or ordinance.
SECTION 26. PENALTIES.
Any person convicted for violating any of the terms of this
chapter shall, upon conviction thereof in a Metropolitan Dade County
Court, be sentenced to pay a fine not exceeding the sum of five
hundred ($500.00) Dollars or serve a term not to exceed sixty (60)
days or both such fine and sentence, in the discretion of the Metro
judge.
Each day's violation of any of the terms of this chapter
shall be deemed and considered and -is hereby specially declared
to be a separate and distinct violation of the terms of this chapter,
and punishable as such.
SECTION 27. INTENT.
This ordinance shall not be included in the Code of the
City of South Miami. The term "chapter" when used in this ordinance
shall refer to this ordinance.
SECTION 28. SEPARABILITY.
If any section, subsection, paragraph, or other provision
of this chapter, or its application to any person or circumstance
shall be held invalid or unconstitutional, such holding shall not
affect the validity of any other section, subsection, paragraph, or
other provision, or its application to other persons or circumstances.
The Commission hereby expresses the intent that it would have enacted
the other provisions of this chapter as if the invalid or unconsti-
tutional provisions were not contained within the chapter.
Qi19
i
SECTION 29. PARTS OF ORDINANCES REPEALED.
All parts of ordinances in conflict with any of the terms
of this ordinance be, and the same are hereby repealed.
SECTION 30. EFFECTIVE TIMF.
This ordinance shall take effect immediately at the time of its
passage.
PASSED and ADOPTED this 3rd day of June 1980.
APPROVED:
J
MAYOR*
ATTEST:
aaQ
kk�.fiG�
CITY CLERK
Passed on first reading: 5/20/80
Passed on second reading: 6/03/80
-9-
Vice -Mayor Andrews Lantz
Moved by
seconded by f ^"'"W i n pr Rowman
YES NO
e�
Mor k x .�
Potam in Y
Gilson x
L nt: x —�
C i ty o f S ouch Miami
Po 1 z c� D�partin�r-it
=NTEg2— oFF =CE MEMORANDICJM
TO: EDDIE COX, CITY MANAGER
VIA CHAIN OF COMMAND
FROM: CAPTAIN G. FELDMAN
DATE: MARCH 3, 1995
SUBJECT: MUNICIPAL CODE CHANGES
Sir,
In an effort to exercise certain enforcement practices upon second
hand dealers within the city, myself, Sgt. Bill Fatool, Code
Enforcement Officer Kathy Vazquez, Occupational License Officer
Alex Torres and Weiner Chalvire have met in a cooperative effort.
During our discussions, centered around Article VII of the
Municipal Code, certain items have come to my attention which I
believe necessitate changes in the Code. The specific draft
changes are attached. What follows is a brief synopsis of
justification.
Section 13 -55 reflects deletion of "tag° from the title, as we do
not issue tags. The paper license is all that is given to properly
registered and licensed business entities.
Section 13 -58(b) reflects a deletion of the Police Department from
the licensing process and deletes the payment by a business of an
extra fee, over and above licensing. It appears that, from the
wording, this $25.00 fee defrayed the cost of background
investigations of applicants. These investigations are no longer
conducted and a check of the applicants by computer would be a
violation of the user's agreement which allows us access to
criminal records and information.
Section 13 -58 (c) transfers the change of location endorsement to
the Zoning Department and reflects the ability to change fees
instead of establishing a set amount which could conflict with
prevailing fee schedules.
Section 13- 58(d)(3) deletes the word °estimated" and requires exact
reporting.
/-2
13 -58 (i) The addition, while already a matter of law, serves as
additional notice to licensees and more clearly defines municipal
police powers in enforcement of state and county regulations.
Items stricken are deletions and items underlined are additions.
Respectfully submitted,
Captain Greg Feldman, Commander
Criminal Investigations Division
GF /sv
1
2 ORDINANCE NO.
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA, AMENDING SECTION 13 -55, PREREQUISITE TO
6 ISSUANCE OF LICENSE TAG; DELETING SECTION 13 -57, SUPERVISION
7 OF SECONDHAND DEALERSHIPS BY POLICE DEPARTMENT; AND AMENDING
8 SUBSECTIONS (b), (c) and (d) SECTION 13 -58, SECONDHAND
9 DEALERS - JEWELRY, METAL AND COINS OF CHAPTER 13 "LICENSES" OF
10 THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING
11 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, the City of South Miami Code of Ordinances provides
15 that the City of South Miami Police Department issue occupational
16 licenses to "secondhand dealerships" and "pawnshops" located within
17 the City of South Miami; and
18
19 WHEREAS, it would be in the best interest of the city if the
20 aforementioned businesses were licensed under the City of South
21 Miami Building, Zoning & Community Development Department
22 Occupational License Division.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1. Section 13 -55, Prerequisite to issuance of license
28 tag" is amended to delete the word "tag" in the title:
29
30 13 -55 Prerequisite to issuance of license
31
32 Section 2. Section 13 -57, Supervision of Secondhand
33 Dealerships by Police Department, is deleted in its entirety:
34
35 13 -57 Supervision of Secondhand Dealerships by Police
36 Department. The siipei-dislien and eentrel ef any business knewn as
37 a 11se^....,ah -a aElea , _ si,; -11 mewed- uneler the - erd- inanees- of -the Gity
38 shall be strietly with — the -- 9ellee --Elepartment ef° the -City
—ate
39 pens desiring - te-epen - this -type ef business are hereby e : f: �a
40 by this seetien that the business establishments shall
41 eel relied, supervised -- and -- endev the- survellianee of the r �= =-
42 depairt%ent and that the preper eenduet ef the business ±s entrusted
43 te- the - Gitypeli-ee dement (erd. 258, 4, 19 22 58) .
44
45 Section 3. Section 13 -58 Secondhand Dealers - Jewelry,
46 Metal & Coins, subsection (b) is amended by deleting ehlef (-qf-
4 7 pewee and the e € -a-€ee e f twenty -five- ($25, e e ) elellars and
48 inserting Zoning Department and deleting That upenreeelpt ewe
49 said appileatien the peliee ehief of is designee -may - e,amITe -ana
50 investigate same, and- -within ten (-96 `9�- days- theree€ , -sh '�Ter-� -d
51
52 ,
1
iz
(b) Permit Required: No person, firm or corporation shall engage
in, manage, conduct or carry on the business of "secondhand dealer
- jewelry, metals and coins" without first submitting a written
application to the Zoning Department which application will include
the name, home address and birthday of the person making the
application, the names and addresses and birth dates of all persons
having an interest in such business, whether it is a sole
proprietorship, partnership or corporation, including stockholders
and directors, a copy of the last corporate or partnership report
furnished the State of Florida. and the names, addresses and birth
dates of all employees.
subsection (c) is amended by deleting pewee and inserting
zoning and deleting a and inserting the prevailing and deleting fee
eLE ten ella
(c) Change of location. A change of location may be endorsed on
a permit by the zoning department upon written application by the
permittee, accompanied by the prevailing change of location fee.
subsection (d) (3) is amended by removing estimated and (d)
(6) (i) is amended by inserting These requirements are also in
addition to all applicable state statutes and county ordinances.
(d)
(3) The quantity of the item purchased.
(6)
i. Requirements are in addition to other code
requirements. The requirements of this section are in
addition to any other requirements of the Code of
Ordinances of the City of South Miami, such as, but
not limited to zoning and occupational license
requirements. These requirements are also in addition
to all applicable state statutes and county
ordinances.
Section 4. If any section, sentence, clause of phrase of this
ordinance is held to be invalid or unconstitutional by any court of
competent jurisdiction, this finding shall in no way affect the
validity of the remaining portions of this ordinance.
Section 5. All ordinances in conflict herewith be and the
same are hereby repealed.
2
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Section 6. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of , 1995.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
NEIL CARVER, MAYOR
3
ARTICLE VII. SECONDHAND DEALERS; PAWNSHOPS
Sec. 13 -53. Definitions.
Secondhand dealership. The term "secondhand dealerships" shall be
construed to mean anyone engaged in the sale, disposition, transfer, or
conveyance, whether it be in trade for moneys received or a consideration or
whether it be by barter and anyone selling or disposing of secondhand
merchandise, goods, wares or things of value, whether same be in a business
location solely or whether in combination with a business and a place of
residence.
Pawnshops. The term "pawnshops" shall mean any place where money is lent
on objects retained by said pawnshop and where anything of value shall remain
on the premises based on a personal loan wherein a pledge or a retention of these
objects of value is made by the "pawnshop" business. (Ord. 258, 1, 10- 22 -52)
Sec. 13 -54. Construction of term °secondhand dealer', application and payment
of occupational license required.
Any person who shall engage in the sale and disposition by any means
whatsoever of chattels, personalty or any things of value are of a secondhand
nature and are not new shall be engaged in "secondhand dealership. A
"secondhand dealership" of any nature whatsoever shall only be allowed to operate
upon application filed for an occupational license, the approval of the same by
the city and the payment of the required sum for such occupational license as
set out in the license tax schedule. (Ord. 28, 2, 10- 22 -52)
Seca 13 -55. Prerequisite to issuance of license tag:
As a prerequisite to the issuance of an occupational license for conducting
a business as a "secondhand dealership" the party or parties so applying for such
occupational license shall be denied a license unless the parties or party
applying for such occupational license have first signed a waiver in writing
furnished by the city manager wherein the business shall be recognized by the
applicant as being primarily a business establishment and should there be living
quarters within the business building it is of secondary use thereof. The
statement shall also contain the positive and unequivocal statement of the
applicant that as concerns the powers of the police of the city the building in
which the dealership shall be conducted shall be declared by the applicant as
being a business establishment for the purpose of issuance of the occupational
license. Should building have quarters wherein persons reside who are not
connected with the "secondhand dealership" that as a prerequisite to the issuance
of the occupational license the applicant must furnish to the city clerk a waiver
to include those persons who live in the business building. (Ord. 258, 5, 10-
22 -52)
Seca 13 -56. Pawnshops illegal; revocation of secondhand dealer's license for
operating as such.
Me
It is deemed by this article that "pawnshops" are not included within the
meaning of the term "secondhand dealerships" and that as such, "pawnshops" shall
not be included as becoming a legal business endeavor under the terms of this
article. Anyone who operates a "secondhand dealership" in the city under the
terms of this article who is engaged in the business of operating a "pawnshop"
shall be subject to the revocation of the occupational license together with any
penalties as set forth in this article. (Ord. 258, 3, 10- 22 -52)
See:- 13- 5Z:-- Supervisien- a € - secondhand- dealerships -by- pollee- department:
The- - &upei- *i- s400- a*d-- eentrol --of - any - - *s-i- nes-s- knewfl-- as --a- -" secondhand
dealership2- allewed -Under -the - orc#ir anc -es•�f tom- city- X11- be- strietly- with -the
peliee- department -of- Vie �c1ty afld- persons- des{r{ng -to-(p -t-h- — type- ef -business
are - hereby- flet4f4ed - by- -0 s- -secrtion t-1tat - the - business -- establishments- shall -be
eentrelled;- supervised- and - under - the- survei4lanee -e €- the- peliee- department -and
that- -the - proper- - eenduet -of -- the -AHksiin - is- - erttrits-ted - to- - the - -c-i-t-y- - peliee
department7- (Grd:- 2587- 4;- 10- 22 -52)
Sec. 13 -58. Secondhand dealers - jewelry, metals and coins.
(a) Definition. "Secondhand dealer - jewelry, metals and coins," means any
person, firm or corporation engaging in, conducting, managing, or carrying on
the business of buying, selling, or otherwise dealing in secondhand jewelry,
precious and semiprecious stones, metals containing gold or silver, and
imitations thereof, watches, rings, bracelets, coins, and other similar goods,
wares, and merchandise. This definition includes pawnshops conducting, managing,
or carrying on the above described business.
(b) Permit required. No person, firm or corporation shall engage in,
manage, conduct or carry on the business of a "secondhand dealer - jewelry, metals
and coins" without first submitting a written application to the ehie € -a € -*Mice
and- tbe- payment- -f- -a -fee- e - #wenty44ve- ilo-1 -T*r -x -( r: Zoning Department,
which application will include the name, home address and birthdate of the person
making the application, the names, addresses and birthdates of all persons having
an interest in such business, whether it is a sole proprietorship, partnership
or corporation, including stockholders and directors, a copy of the last
corporate or partnership report furnished the State of Florida, and the names,
addresses and birthdates of all employees. That- q)on-- reee }pt - of- - the -said
app lfcat ion ; -the -pollee - c4inef- or4i -e i ee- grayexamifle- afld- 4nvesti gate- same ,
and -with in- teR- F1.0 }-dys Viereaf,-- sita- l- 1- -forward - e- ePp4,4ca 4;40n3- aaefi9-w4th -h4s
reeemmendations; -te- the- e4ty- maRager- €er- appreval- er- d4sappreval.
(c) Change of location. A change of location may be endorsed on a permit
by the pollee zoning department upon written application by the permittee,
accompanied by -a -the prevailing change of location fee a € - ten - dellars- ($Wr00 }:
(d) Record of purchases. Every "secondhand dealer - jewelry, metals and
coins" shall keep a record of purchases, which record shall contain.
(1) The °name and address of each person from whom an item, as described
in subsection (a) here i nabove, is purchased, including the signature
of the person selling the same, together with said person's driver's
license number or other identifying number, and the person's right
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thumbprint.
(2)_A general description of the item purchased.
(3) The estimated quantity of the item purchased.
(4) The date of the purchase and the purchase price.
(5) The records shall, at all times, be subject to inspection by all law
enforcement officers, and shall be preserved for a period of three
(3) years after purchase.
(6) A copy of the record of each item purchased shall be submitted
to the police department within twenty -four (24) hours after the
purchase.
(e) Holding period. Property acquired in the course of a permittee's
business shall be held for a fifteen -day period. This holding
period and the thumbprint requirement found in subsection (d)(1)
shall apply in all instances, except only to the purchase and sale
of gold and silver coins and gold and silver bullion, when the
purchase and sale is conducted by a person whose primary business
is dealing in gold or silver coins and gold and silver bullion.
(f) Hold- order. If a police officer has reasonable grounds to believe that
an item acquired by a permittee under this section in the course of
his business is the subject of a criminal investigation, such police
officer may place a hold -order upon such property for a period of
ninety (90) days, and upon release of such property, may require the
permittee to keep a record of the disposition of such property. It
shall be unlawful for any person to dispose of any property contrary
to any hold -order issued by a police officer.
(g) Violation. No permittee shall clean, alter, repair, or otherwise
change the appearance, melt, destroy, sell, export, or otherwise
dispose of any item described in subsection (a) hereinabove,
obtained in the course of this business until the fifteen -day period
described in subsection (e) hereinabove, or the ninety -day period
described in subsection (f) hereinabove, have expired.
(h) Exception. The provisions of subsections (e) and (g) hereinabove
shall not apply to transactions by and between "secondhand dealers-
jewelry, metals and coins," where the seller before the sale to
another dealer, has complied with all of the provisions of section
13 -58.
(i) Requirements are in addition to other code requirements. The
requirements of this section are in addition to any other
requirements of the Code of Ordinances of the City of South Miami,
such as, but not limited to zoning and occupational license
requirements. These requirements are also in addition to all
applicable state statutes and county ordinances
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(j) Penalty. Any person who violates any of the provisions of this
section shall be subject to punishment, as provided in section 1-
8 of the Code of Ordinances of the City of South Miami. (Ord. No.
1097, 1, 3 -3 -81)