HomeMy WebLinkAboutOrdinance 2001-132
ORDINANCE NO. 2001-132
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, REQUIRING CHARGES
INCURRED BY THE CITY FOR SUCH CONSULTANTS THAT
MAY BE NECESSARY FOR ANY ZONING APPLICATION
INCLUDING ENGINEERING, PLANNING, LEGAL, TECHNICAL,
OR ENVIRONMENTAL CONSULTANT OR PROFESSIONAL(S)
EMPLOYED BY THE CITY TO BE PAID BY THE APPLICANT IN
ACCORDANCE ~TH THE ACTUAL HOURLY RATES, IN
ADDITION TO ANY OTHER APPLICATION FEES REQUIRED BY
LAW; PROVIDING THAT THE APPLICANT SHALL REIMBURSE
THE CITY FOR THE COST OF SUCH CONSULTANT SERVICES
UPON SUBMISSION OF A COPY OF THE VOUCHER;
PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW
ACCOUNT FROM WHICH ~THDRA W ALS MAY BE MADE TO
REIMBURSE THE CITY FOR THE COST OF PROFESSIONAL
REVIEW SERVICES; PROVIDING THAT THE BALANCE IN
SUCH ESCROW ACCOUNT WHEN REDUCED TO ONE-THIRD
OF THE INITIAL AMOUNT, SHALL REQUIRE THE APPLICANT
TO DEPOSIT ADDITIONAL FUNDS INTO SUCH ACCOUNT TO
BRING ITS BALANCE UP TO THE AMOUNT OF THE INITIAL
DEPOSIT SUCH THAT IF SUCH AN ACCOUNT IS NOT
REPLENISHED ~THIN THIRTY (30) DAYS AFfER THE
APPLICANT IS NOTIFIED, IN WRITING, OF THE
REQUIREMENT FOR SUCH ADDITIONAL DEPOSIT, THE CITY
MAY SUSPEND ITS REVIEW OF THE APPLICATION; AND
FURTHER PROVIDING THAT A BUILDING PERMIT OR
CERTIFICATE OF USE AND OCCUPANCY SHALL NOT BE
ISSUED UNLESS ALL PROFESSIONAL REVIEW FEES
CHARGED IN CONNECTION ~TH THE APPLICANT'S
PROJECT HAVE BEEN REIMBURSED; PROVIDING THAT ALL
FEES REQUIRED UNDER THIS ORDINANCE SHALL BE
COLLECTED BY THE ZONING DIRECTOR; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION INTO THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time it is necessary for the City of Sunny Isles Beach to hire
independent consultants in connection with zoning applications, including engineering, planning,
legal, technical, environmental, or professional( s) employed by the City in order to assess and make a
recommendation on the application; and
WHEREAS, this City has a right to be reimbursed for the actual charges for such services,
provided it maintains a separate escrow account for these amounts; and
Zoning Application Professional Fees Reimbursement Ordinance
WHEREAS, these fees are in addition to any and all other fees required by any other law,
rule, or regulation of the City Code;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Charges for Consulting Services Established.
A. The City Manager and/or hislher designee in the review of any application, may
refer any such application presented to it to such engineering, planning, legal,
technical, or environmental consultant or professional( s) employed by the City as
the Manager shall deem reasonably necessary to enable him/her to review such
application as required by law. Charges made by such consultant shall be in
accord with the charges customarily made for such services in Miami-Dade
County, and pursuant to an existing contractual agreement by and between the
City and such consultant. Charges made by the City shall be in accord with the
hourly rates charges by such consultants or hourly rates of employed
professionals and shall be paid on submission of a City voucher.
B. The applicant shall reimburse the City for the cost of such consultant or
employed professional services upon submission of a copy of the voucher, within
thirty (30) days of submission of a copy of the voucher and as a condition of the
zoning resolution. These fees are in addition to any and all other fees required by
other law, rule, or regulation of the City code.
Section 2. Escrow Accounts. At the time of submission of any application or thereafter, it is
required that an escrow account be established, from which withdrawals shall be made to reimburse
the City for the cost of professional review services. The applicant shall then provide funds to the
City for deposit into such account in an amount to be determined by the City Manager, based on
hislher evaluation of the nature and complexity of the application. The applicant shall be provided
with copies of any City voucher for such services as they are submitted to the City. When the
balance in such escrow is reduced to one-third (1/3) of its initial amount, the applicant shall deposit
additional funds into such account to bring its balance up to the amount of the initial deposit. Ifsuch
account is not replenished within thirty (30) days after the applicant is notified, in writing, of the
requirement for such additional deposit, the City may suspend its review of the application. An
application shall be deemed incomplete if any amount shall be outstanding. A building permit or
certificate of use and occupancy shall not be issued unless all professional review fees charged in
connection with the applicant's project have been reimbursed to the City. Once all pertinent charges
have been paid, the City shall refund to the applicant any funds remaining on deposit.
Section 3. Collection offees. All fees required pursuant to this chapter shall be collected by the
Zoning Director.
Section 4. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Zoning Application Professional Fees Reimbursement Ordinance
Section 5 Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be
affected by such invalidity.
Section 6. Effective Date. This Ordinance shall become effective ten days after adoption on
second reading.
PASSED AND ADOPTED on first reading the 21 st day of June, 2001.
PASSED AND ADOPTED on second reading this J2..~ a of
,2001.
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liiohard Brown-Mejrilla, City Clerk
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APPRofED AS TO FORM
AND LEGAL SUFFICIENCY:
~~:~~:~y. -I,ln~~~~~ ~~
Vote: 5-0
Mayor Samson
Vice Mayor Kauffinan
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
V (Yes)
JL::.(Yes)
~(Yes)
\/(Yes)
X-(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Zoning Application Professional Fees Reimbursement Ordinance