§ 33J-5. Imposition of fire and emergency medical services impact fee.

(a)

All development is deemed to create an impact and therefore create a demand for increased fire and rescue service capacity. As such, the cost of new facilities should be borne by new users to the extent new uses require new facilities. Therefore, building permits subject to Fire Rescue Impact Fee issued within one year after the effective date of this ordinance shall be obligated to pay seventy-six (76) percent for residential, ninety (90) percent for retail, ninety-four (94) percent for office, fifty-eight (58) percent for industrial, and fifty (50) percent for hospital of the computed fee as determined herein. All building permits subject to the Fire Rescue Impact Fee and issued more than one year after the effective date of this Ordinance shall be obligated to pay one hundred (100) percent of the computed fee as determined herein.

(1)

For building permits which expire or are revoked after the effective date of this chapter the feepayer shall be entitled to a refund of previously paid impact fees (see Section 33J-13) provided that in the case of reapplication for permit, the impact fee in effect at the time of reapplication shall be paid.

(2)

No such building permit shall be issued by the County or any Miami-Dade County municipality within the District unless and until the feepayer has paid such impact fee, or presented adequate security for such impact fee, in a form permitted by this chapter and acceptable to the County Planning and Zoning Director, for a contribution in-lieu-of fee as provided in Section 33J-7.

(3)

Payment shall be made in a form acceptable to the Zoning Director. The Zoning Director may charge a nonrefundable convenience fee to cover any transactional costs imposed by the institution processing the form of payment. Notwithstanding any other provision to the contrary, the payment amount due shall be based on the fee in effect on the date the plans filed with a building permit application are submitted to Miami-Dade County for impact fee assessment. In no case shall the administrative fee and any convenience fee be refunded.

(4)

The County shall have the authority to lien real property for which a Final Certificate of Use (C.U.) or Final Certificate of Occupancy (C.O.) has been issued but for which the correct required impact fee has not been paid in full. Such lien must be filed within three years from the date of issuance of the C.U. or C.O. The County shall charge a collection fee above the value of the impact fee being collected to cover the cost of collection of unpaid impact fees.

(b)

Notwithstanding the payment of a fire impact fee or provision of a contribution in-lieu-of fee in conjunction with land development activity, other State, Miami-Dade County and municipal development regulations may limit the issuance of building permits for development activity.

(c)

Nothing herein shall prohibit any municipality or Miami-Dade County from paying the required impact fee on behalf of any applicant or feepayer. In such an instance, said impact fee payment shall be from allowable funding sources other than prior impact fee revenues.

(Ord. No. 90-26, § 2, 3-20-90; Ord. No. 94-168, § 1, 9-13-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 30, 9-3-98; Ord. No. 07-58, § 1, 4-24-07; Ord. No. 15-144, § 4, 12-1-15)