HomeMy WebLinkAboutReso 2020-3119RESOLUTION NO. 2020 - _�) I O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, EXTENDING THE TERM FOR CERTIFICATES
OF USE SET FORTH IN SECTION 121-4(A) AND BUSINESS TAX RECEIPTS
SET FORTH IN SECTION 197-5(A) OF THE CITY'S CODE OF
ORDINANCES FROM SEPTEMBER 30TH AND OCTOBER 1ST, 2020
RESPECTIVELY, UNTIL FEBRUARY 1, 2021; SUSPENDING THE
IMPOSITION OF DELINQUENCY PENALTIES FOR FAILURE TO RENEW
CERTIFICATES OF USE AND BUSINESS TAX RECEIPTS PRIOR TO
FEBRUARY 1, 2021; SUSPENDING CODE ENFORCEMENT ACTION FOR
FAILURE TO RENEW CERTIFICATES THROUGH FEBRUARY 1, 2021;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 9, 2020, Florida's Governor issued Executive Order 20-52 declaring
a state of emergency for the entire State of Florida as a result of COVID-19; and
WHEREAS, on March 12, 2020, the City Manager of the City of Sunny Isles Beach ("City")
declared a Local Emergency as a result of COVID-19; and
WHEREAS, since the onset of the COVID-19 public health emergency, both the Florida
Governor and the Miami Dade County Mayor have issued orders which have resulted in forced
closures of some businesses within the City, and in others, resulted in businesses operating at a
reduced capacity; and
WHEREAS, the City's Code of Ordinances provides that Certificates of Use and Business
Tax Receipts shall be for a term of one (1) year, expiring on September 30th and October lst,
respectively, and that the payment of the associated renewal fees is due annually on October 1 st; and
WHEREAS, specifically, Section 121-4 A of the City's Code of Ordinances states that no
Certificate of Use shall be issued for more than one year, and all certificates shall expire on September
30 of each year; and
WHEREAS, Section 121-5(A) of the City's Code of Ordinances goes on to provide that the
renewal and renewal fee for a Certificate of Use shall be due on October 1 st of each year, and that a
failure to do so will result in a delinquency penalty of 10% for the month of October, plus an
additional 5% penalty for each month of delinquency thereafter until paid, provided, that the total
delinquency penalty shall not exceed 25%; and
WHEREAS, Section 197-5(A) of the City's Code of Ordinances states that no business tax
receipt shall be issued for more than one year, and all receipts shall expire on October 1st of each
year
WHEREAS, Section 197-6(A) of the City's Code of Ordinances further provides that the
Business Tax Receipts ("BTR") issued by the City shall be issued commencing on September 1st of
each year, but that the tax shall be due and payable on October 1 st, and that a failure to pay by that
date shall be considered delinquent and subject to a delinquency penalty of 10% for the month of
October, plus an additional five -percent penalty for each month of delinquency thereafter until paid,
provided that the total delinquency penalty shall not exceed 25% of the tax due; and
WHEREAS, with respect to the BTRs, Section 197-6(B) of the City's Code of Ordinances,
those individuals/entities required to obtain a BTR that do not pay the required local business tax
within 180 days after the initial notice of tax due (August 1) to obtain the required receipt (February
1) are subject to payment of additional administrative costs of $30 to offset collection efforts and
enforcement proceedings which may result in civil actions and penalties, including court costs,
reasonable attorneys' fees; and
WHEREAS, as a result of the COVID-19 public health emergency and the orders related
thereto, many businesses in the City have and will continue to experience sudden and unexpected
income loss which will significantly impact their ability to pay for the renewal fees for Certificates
of Use and BTRs by October 1st, which would result in the expiration of their certificates and
receipts, as well as the application of delinquency penalties as set forth above; and
WHEREAS, as a result of the financial hardships facing businesses in the City, and the need
for the City to support its businesses and provide economic relief in these unprecedented times, the
City Commission believes it is in the best interest of the City to extend the time for which Certificates
of Use and Business Tax Receipts may be issued, so that they are not deemed expired until February
1 st, 2021; and
WHEREAS, consistent with the extension of the term for Certificates of Use and Business
Tax Receipts provided for herein, no code enforcement actions against any entities or businesses will
be initiated for failure to renew a Certificate of Use in violation of Chapter 121, or a Business Tax
Receipt in violation of Chapter 197 of the City's Code of Ordinances through February 1st, 2021;
and
WHEREAS, as a result of the extension described above, the City Commission wishes to
suspend the imposition of delinquency penalties for renewals of Certificates of Use and BTRs from
October 1 st through February 1 st, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Extension of Term for Certificates of Use and Business Tax Receipts. The term for
the Certificate of Use set forth in Section 121-4(A) of the City's Code of Ordinances is hereby
extended and shall not be deemed to expire until February 1, 2021. The term for Business Tax
Receipts set forth in Section 197-5(A) of the City's Code of Ordinances is hereby extended and shall
not be deemed to expire until February 1, 2021.
Section 3. Suspension of Delinquency Penalties. The delinquency penalties set forth in Section
121-5(A) of the City's Code of Ordinances related to Certificates of Use, and those set forth in
Section 197-6(A) pertaining to Business Tax Receipts, are hereby suspended.
Section 4. Suspension of Code Enforcement Action. The City Manager is hereby directed to
suspend code enforcement action against any entities or businesses through February 1st, 2021 for
failure to renew Certificates of Use in violation of Chapter 121 of the City's Code of Ordinances,
and failure to renew Business Tax Receipt in violation of Chapter 197 of the City's Code of
Ordinances.
Section 5. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15th day of Oc r 2020.
i
George H. Scholl, Mayor
F
ATT 941�1"
, CMC, City Clerk
JdJDRM
GALS FICI NCY:
Edward A. Dion, City Attorney
Moved by: Comm kc.(,k )fj&-L- CaW 6(V Seconded by
Vote:
Mayor Scholl
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
(Yes)
(No)
V(Yes)
(No)
%/-(Yes)
(No)
I (Yes)
(No)
SONNY rS�fff
of City of Sunny Isles Beach
18070 Collins Avenue
« Sunny Isles Beach, Florida 33160
(305) 947.0606 City Hall
(305)949-3113 Fax
Ty OF SVA
MEMORANDUM
TO:
The Honorable Mayor and City Commission
VIA:
Christopher J. Russo, City Manager
FROM:
Claudia C. Hasbun, AICP, Planning and Zoning Director
DATE:
10/15/2020
RE:
Suspension of Local Business Tax and Certificate of
Use Renewal Penalties for the Fiscal Year 2020-2021.
RECOMMENDATION:
This Resolution is recommended for approval
REASONS:
The City's local business community has not been exempt from all
restrictions imposed during the current pandemic due to COVID-19,
both the Florida Governor and the Miami Dade County Mayor have
issued orders which have resulted in forced closures of some
businesses within the City, and in others, resulted in businesses
operating at a reduced capacity. As a result, local businesses have
experienced tremendous financial hardships. The City has recognized
these negative impacts and has proposed the expiration date's
extension for local licenses and taxes from October 1, 2020 to
February 1, 2021. Therefore, eliminating the penalties imposed to
businesses that have their local licenses and taxes past due. During
this fiscal year (2020-2021) businesses have the opportunity to renew
their local licenses and taxes until February 1, 2021 without incurring
any penalties.
Code enforcement action will resume after February 1, 2021 for local
businesses that have not renew their local licenses and taxes.
ATTACHMENTS:
Description
Resolution
Item Number: 10.B.