O-680-10 ORDINANCE NO. 680-10
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE,
FLORIDA, REPEALING SECTION 9-46"CHARGE FOR INQUIRY"OF THE MIAMI SHORES
CODE OF ORDINANCES AND CREATING ARTICLE VIII.SECTION 2-101"CHARGES FOR
INQUIRY", PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY;AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Section 9-46 of the Miami Shores Village Code of Ordinances references a charge for
inquiries related to waste collection accounts; and,
WHEREAS, In addition to researching the sanitation,stormwater and lot clearing account
balances,the Village also now reviews open building department permits and code enforcement
violations as part of a comprehensive lien search process which responds to inquiries from title
insurance firms, realtors, and individual property owners, etc.;and,
WHEREAS,With the Village's service expanded to include the review of other departmental
operations, the associated code reference should be contained in Chapter 2,Administration, rather
than in Chapter 9,Garbage and Trash;and,
WHEREAS,the newly enacted code section shall provide for various levels of service based on
the turnaround time of the response and the fees charged should cover the actual cost to provide the
service;
NOW,THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE,that:
Section 1. Section 9-46 of the Village Code of Ordinance is hereby repealed.
Section 2. A new section,Chapter 2,Article VIII.Section 2-101 is hereby established with
such Article and Section to read as follows:
Article VIII Administrative Fees
Sec. 2-101 Charges for Inquiry
The village shall collect a fee to conduct and fulfill lien search requests. Completed lien searches
may include information relating to sanitation,stormwater and lot clearing charges, open building
department permits, and code enforcement violations and fines. Fees to complete the lien search shall
be established by the Village Manager and shall be based on the requested turnaround time and reflect
the cost to complete the request. A base charge of$50.00 shall apply to standard requests. Higher rates
shall apply to expedited service levels and rates shall be adjusted from time to time to coincide with any
increases in costs to produce.
Section 3. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith,are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
Section 4. If any section,sentence,clause 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
effect the validity of the remaining portions of this Ordinance,which shall be deemed to be
severable therefrom.
Section 5. This Ordinance shall become effective immediately upon it adoption on second
and final reading.
PASSED ON first reading this 20th day of April , 2010.
PASSED AND ADOPTED ON second and final reading this 4t day of May , 2010. e
AID is, Mayor
ATTEST:
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan, Village Attorney