98-19 ORDINANCE NO. 98-19
AN ORDINAl~ICE OF THE CITY OF AVENTURA, FLORIDA
ESTABLISHII ~IG INTERIM SERVICE FEES FOR
PROPERTIE~ NOT YET INCLUDED IN THE COUNTY'S
TAX ROLL; I~ROVIDING FOR INCLUSION IN THE CODE;
PROVIDING | FOR CONFLICT; PROVIDING FOR
SEVERABILI' rY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to recover the cost of providing municipal services to
recently developed propert es not yet on the County's tax roll, the City Commission of
the City of Aventura wishe., to establish an Interim Service Fee; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL( ~RIDA, AS FOLLOWS:
Section 1. That the ;ity of Aventura "Interim Service Fee Ordinance" is hereby
created to read as follows:
Sec. 1. Title; ipplication, findings.
This ordinance, ~own as the "City of Aventura Interim Service Fee
Ordinance," hereby establishes an "interim service fee."
(a) The preambl. "Whereas" clause is adopted as the findings of the City
Commission md are hereby ratified and confirmed and made specific
findings of th .. City Commission as a part of this ordinance.
(b) The City Cot imission finds that from the time a new building or structure
is complete, until the ensuing first day of January when the
improvement is added to the tax roll, the City is obligated to provide
services for ~ich ad valorem taxes or non-ad valorem assessments are
Ordinance No. 98-19
Page 2
not assessed on the improved portion of the property and for which other
revenues pal( do not meet the costs of services.
(c) The City Conlmission finds that owners of newly developed properties
receive City-)rovided services including, but not limited to police,
engineering ~nd public works, public services, development services,
and planning
(d) The City Corn mission finds that the additional City services demanded to
serve new Jevelopment provide a valuable benefit to the new
development. The cost for the services provided by the City to new
development is paid by residents of the City partially through ad valorem
taxation. ThE owners of the improved properties directly benefiting from
the City's pr( 'ision of the additional services do not contribute to the
payment for cost of those services through ad valorem taxation until
those impro~ ;merits are placed on the tax roll.
(e) The City Cot imission finds that the imposition of the interim service fee
upon new de velopment for the cost of the City providing additional City
services to ~ewly developed and improved property during the interim
period betw( .~n the time the new development is completed and the time
said improve nent is placed on the tax roll represents a fair method to
apportion th, cost of City-provided services to the recipients of those
services.
Ordinance No. 98-19
Page 3
Sect. 2. Purpose; ir tent.
(a) It is the inten1 of the City Commission to establish an interim service fee
in order that new development receiving additional City services be
required to p~y only its proportionate and fair share of the costs of such
services with,)ut reference to the valuation of the property receiving or
benefiting from said services, and said fee shall not in any manner,
directly or ind rectly, be an ad valorem tax, and
(b) t is the furthEr intent of the City Commission that the interim services fee
~mposed for ~dditional City services pursuant to this ordinance shall be
proportionat( to the cost of the services benefiting new development for
the period o time commencing with the issuance of a certificate of
occupancy ar ending at the time such improvements are placed on the
tax roll.
Sect 3. Definitions.
As used in this ordi~ance, the following words and phrases have the meanings
ascribed in this section, unless a different meaning is set forth in another
section of this ordin ~nce or the context clearly indicates otherwise:
(a) Building officia The person on behalf of the City of Aventura who is
responsible for issuing a certificate of occupancy for new development.
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Page 4
(b) Certificate of occupancy: The term "certificate of occupancy" shall include
certificate of o.;cupancy, partial or temporary certificate of occupancy,
certificate of co 'npletion and release of electrical power which are issued
by a building of Iicial to permit the occupancy or potential of occupancy of
newly develope :1 property or portion thereof.
(c) Feepayer: That ~erson or legal entity reflected on the public records (e.g.,
development a ~lication, building permit or other document) of the City of
Aventura as ti- owner of real property upon which a new development
has been comrr .~nced.
(d) Interim service,,: A user fee imposed on owners of new development for
City services vhich are available to the property at the time of the
issuance of a ¢ ;rtificate of occupancy and prior to being placed on the City
of Aventura fa: roll, as maintained by the County Tax Collector. The
actual interim ervices fee shall be determined in accordance with the
Schedule of FE ,~s adopted from time to time by the City Commission as set
forth in Section 12 of this ordinance.
(e) New develop~ent: The construction, reconstruction, alteration or
extension of a building, structure or foundation to improve or alter real
property, either from its natural state, or where there exists or once existed
another structure, or to rebuild or modify a residential, retail, commercial,
office, industri~ or community facility, institutional use.
Ordinance No. 98-19
Page 5
(f) Schedule of fee The schedule of fees shall be adopted by Resolution as
provided in Sec1 )n 12 of this ordinance.
(g) Structure: Any )uilding or improvement to real property located within the
City of Aventura for which a certificate of occupancy is required.
Sect. 4. Fee establi~ ~hed for services to certain properties.
(a) There is here:)y established an interim service fee which shall apply to
those real properties located within the City with new development,
either permar ent or temporary, for which a certificate of occupancy is
required, for f All or partial use of the premises, and which shall cover the
period from ti' e date of issuance of the certificate of occupancy until and
including the ensuing December 31~' the date normally preceding the
day the new development requiring the certificate of occupancy is
assessed by :he Miami-Dade County Property Appraiser and placed on
the tax roll.
(b) The interim ~=rvice fee shall be based solely upon the coast of service
and the bet fits applicable to the new development as set forth in the
Schedule of Fees adopted by Resolution of the City Commission
pursuant to t ~is Ordinance.
(c) In the event lhat the feepayer disagrees with the amount of the interim
service fee t¢ be charged pursuant to the schedule of fees:
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Page 6
(1) The f~epayer, at his option, may submit evidence to the City
Mana 9r or his designee indicating that the interim services fee to
be pa according to the schedule of fees is incorrect as applied
to the :eepayer's new development. The City Manager or his
designee shall adjust the interim services fee if substantial
eviden,'e is submitted that clearly demonstrates that an
adjustr ent is necessary under the methodology upon which the
interim service fee is based. The burden shall be upon the
feepay 9r to provide all relevant data, analysis and report(s) which
would assist the City Manager or his designee in making a
deterrrination. The analysis and report(s) must be based upon
gener~ Ily accepted practices and methodologies and the formula
as set forth in the schedule of fees. All additional information or
modifi~;ation to the evidence presented shall be received by the
City Manager or his designee within thirty (30) days from receipt
of the nitial evidence to said City Manager.
(2) All dec sions by the City Manager shall be based on the evidence
preser :ed by the feepayer, the staff file and other relevant
evider ce. Said evidence must be relevant to the methodologies
and th ~ formula set forth in the schedule of fees.
Ordinance No. 98-19
Page 7
(3) The Ci' Manager or his designee's decision to adjust, or refuse
to adju,, the interim services fee pursuant to an independent fee
calcula:ion shall be final. Said decision shall be made in writing
and shall be furnished by regular U. S. mail to the feepayers at
the ad( ress provided by the feepayer.
Sect. 5. Fee; when i ,aid.
(a) The interim s{ rvice fee shall be paid upon the issuance of a certificate of
occupancy, ~ither permanent or temporary, and the certificate of
occupancy si all not be issued until such time as the interim services fee
has been pal( in full.
(b) The payment 3f the interim service fee shall be in addition to any other
fees, charge., or assessments due for the issuance of a certificate of
occupancy.
(c) The obligatio for payment of the interim service fee shall run with the
land.
Sect. 6. Fee revisi¢ ~s.
The City Commissi3n may from time to time amend the interim service fee
resolution to incre~ se or decrease the rate of the interim service fee as it
applies to new dev.~lopment. The interim services fee may be adjusted from
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Page 8
time to time to retie ct the significant changes in the operating budget of the
City, if necessary.
Sect. ?. Exemption 3.
The following shall t e exempt from payment of the interim service fee:
Property consisting of a structure already reflected on the County tax roll,
where a certificate occupancy is required for purposes of either an alteration
or remodeling of ar ,xisting residential, nonresidential or lodging unit that does
not entail an increa., in square footage use, or traffic generation.
Sect. 8. Collection ~nd deposit.
The City Manager c his designee shall be charged with the collection of the
interim service fee v ~ich shall be collected as a condition prior to the issuance
of a certificate of occupancy by the building official. The fee shall be
determined in accor :lance with the Schedule of Fees as set forth in the interim
services fee schedu e. A separate line item shall be established in the General
Fund to account f¢ the collection of the interim services fees. All interim
service fees collect~ shall be used to offset the services for which the interim
services fee was es ~blished.
Sect, 9. Colle( ion of fees when not paid by mistake or inadvertence;
altem ~tive collection in municipal areas,
In the event the terim service fee is not paid prior to the issuance of a
certificate of occu ancy because of mistake or inadvertence, the City shall
proceed to collect ~e interim services fee as follows:
Ordinance No. 98-19
Page 9
(a) The City Manager or his designee shall serve, by certified mail, return
receipt requested, an interim service fee statement notice upon the
feepayer at he address set fodh on the certificate of occupancy.
Service of tt' interim service fee statement notice shall be deemed
notice of the :erim service fee due and service shall be effective on the
date of the 9turn receipt indicating the notice was received by the
feepayer. ~e interim service fee statement notice shall contain the
legal descript n and shall advise the feepayer as follows:
(1) The amount e and the general purpose for which the interim service
fee was impc ~ed;
(2) That the inter im service fee shall be delinquent if not paid and received
by the City ,ithin thirty (30) calendar days of the date of the interim
service fee atement notice is received, excluding the date of receipt,
and upon be;oming delinquent shall be subject to the imposition of a
delinquent fe, and interest on the unpaid amount until paid;
(3) That in the vent the interim service fee becomes delinquent, a lien
against the roperty for which the certificate of occupancy was issued
shall be re¢ rded in the Official Records Book of Miami-Dade County,
Florida. The cost of recordation shall be included in the amount of the
lien.
Ordinance No. 98-19
Page 10
(b) The interim s,;rvice fee shall be delinquent if, within thirty (30) calendar.
days from the receipt of the interim service fee statement notice by the
feepayer, the interim service fee has not been paid and received by the
City. Said tithe periods shall be calculated on a calendar day basis,
including Sur~days and legal holidays, but excluding the date of receipt
of said interir service fee statement notice. In the event the last day
falls on a Su~ day or legal holiday, the last due date prior to becoming
delinquent sh ~11 be the next business day. Upon becoming delinquent, a
delinquency f ,e equal to ten (10) percent of the total interim service fee
imposed sha be assessed. Such total interim service fee, plus
delinquency ;e, shall bear interest at the statutory rate for final
judgments ca culated on a calendar basis, until paid;
(c) Should the in erim service fee become delinquent as set forth above, the
City shall set ye, by certified mail, return receipt requested a "notice of
lien" upon ti- delinquent feepayer at the address appearing on the
certificate of ~ccupancy and the interim service fee statement notice.
The notice o lien shall notify the delinquent feepayer that due to the
failure to pal the interim service fee, the City shall file a claim of lien,
including th~ cost of recording same, with the Recording Division of
Miami-Dade ~;ounty, Florida.
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Page 11
(d) Upon mailing the notice of lien, the City shall file a claim of lien with the
Recording Di/~sion of Miami-Dade County, Florida for recording in the
Official Records of the County. The claim of lien shall contain the legal
description ol the property, the amount of the delinquent interim service
fee and the d ~te of its imposition. Once recorded, the claim of lien shall
constitute a lien against the property described therein. The
enforcement ~ )f such lien shall be as provided in Section 10 herein.
Sect. 10. Lien pro~ isions.
Any nonpayment of or any form of payment of the interim service fee which,
subsequent to the ;suance of the certificate of occupancy, is not honored or
accepted, for whatE cer reason, by a national banking institution, shall remain
due and payable nd shall constitute and is hereby imposed as a special
assessment lien a~ ~inst the real property upon which such fee remains due;
and until fully paid and discharged, or otherwise barred by law from being
assessed, shall rerr ain a lien equal in rank and dignity with the lien of the City
for ad valorem taxers and senior in dignity to all other liens, encumbrances,
titles and claims, ~to or against the real property containing the structure.
Such special asse~ ~ment lien may be enforced by any of the methods provided
for in Chapter 85, Florida Statutes, or an alternative foreclosure proceeding
may be instituted lder Chapter 173, Florida Statutes, or the collection and
enforcement there, may be accomplished by other methods as allowed by law.
Ordinance No. 98-19
Page 12
The owner of the re property shall pay all costs associated with enforcement
and collection of u~ )aid interim service fees, including reasonable attorney
fees, court costs, ab :racting expenses and other related costs incurred.
Sect. l 1. Administr ~tion of Ordinance,
The City Manager his designee shall administer this ordinance. The duties
shall be as set fortt n this section and as established by the City Manager and
shall include:
(1) Providing technic',al assistance, information and advice to the City to ensure
proper collectior remittance, accounting, controls and auditability of the
interim service fE ,~.
(2) Reviewing the idependent fee calculation as provided in Section 4(c) of
this ordinance.
Sect. 12. Interim ~ rvices fee schedule.
The interim servic~ fee referenced herein shall be adopted by the City
Commission by res,)lution after a public hearing. A copy of the fee schedule
shall be available f¢ r inspection in the Office of the City Clerk.
Section 2. Sever~ ,ility. The provisions of this Ordinance are declared to be
severable and if any sectio sentence, clause or phrase of this Ordinance shall for any
reason be held to be invali~ or unconstitutional, such decision shall not affect the validity
of the remaining sections ~entences, clauses, and phrases of this Ordinance but they
Ordinance No. 98-19
Page 13
shall remain in effect, it b,,~ing the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusior in the Code. It is the intention of the City Commission, and
it is hereby ordained that thE, provisions of this Ordinance shall become and made a part
of the Code of the City Aventura; that the sections of this Ordinance may be
renumbered or relettered tE ~ccomplish such intentions; and that the word "Ordinance"
shall be changed to "Section or other appropriate word.
Section 4. Conflic That all sections or parts of sections of the Code of
Ordinances, all Ordinance,~ or parts of Ordinances, and all Resolutions, or parts of
Resolutions in conflict are hE ~reby repealed to the extent of such conflict.
Section .~. Effectiv~ Date. This Ordinance shall be effective immediately upon
adoption on second reading
The foregoing Ordin~ ince was offered by Councilmember Berger, who moved its
adoption on first reading. 'he motion was seconded by Councilmember Rogers-Libert,
and upon being put to a vet the vote was as follows:
Councilmember Arth~ ' Berger yes
Councilmember Ken ;ohen yes
Councilmember Hart, Holzberg yes
Coluncilmember Jeff ,~y M. Perlow yes
Councilmember Patr cia Rogers-Libert yes
Vice Mayor Jay R. B. ;skin yes
Mayor Arthur I. Snyd ~r yes
Ordinance No. 98-19
Page 14
The foregoing Ordin tnce was offered by Commissioner ]~esld.[~ , ~"10
moved its adoption on se(ond reading. The motion was seconded by Commissioner
E.o§ers-L~.berl: , and up( ~n being put to a vote, the vote was as follows:
Commissioner Arthu ' Berger ,/es
Commissioner Jay R Beskin ~
Commissioner Harry Holzberg .,,..
Commissioner Jeffre ! M. Perlow ~
Commissioner Patri¢ ia Rogers-Libert ..,,..
Vice Mayor Ken Coh ~n yes
Mayor Arthur I. Snyd ~r yes
PASSED AND ADOI 'TED on first reading this 18th day of November, 1997.
PASSED AND ADOI'TED on second rea~ ~,
A'I-FEST:
/
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ClTYA O~~RNEY