Loading...
Ordinance 92-2803ORDINANCE NO. 92-2803 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 45, ENTITLED "WATER", AMENDING SECTION 45-11, ENTITLED "PAYMENT OF BILL" BY RAISING THE FEE CHARGED BY THE CITY FOR DISHONORED CHECKS TO EITHER (1) THE BANK CHARGE TO THE CITY FOR A DISHONORED CHECK PLUS AN ADMINISTRATIVE CHARGE OF TWENTY-FIVE PERCENT (25%) OF THE BANK CHARGE, WITH THE MINIMUM ADMINSTRATIVE FEE TO BE FIVE DOLLARS ($5), OR (2) FIVE PERCENT (5%) OF THE CHECK AMOUNT, WHICHEVER IS GREATER; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, in collecting its utility bills, the City has been receiving numerous payment checks which are returned by banks without payment to the City; and WHEREAS, banks charge the City a fee for processing dishonored checks; and WHEREAS, the City incurs other administrative costs in processing dishonored checks; and WHEREAS, Miami Beach City Code Section 45-11 currently provides for imposition of a charge of five dollars ($5) or five percent (5%) of the check amount, whichever is greater, for returned payment checks; and WHEREAS, the City Commission believes that the costs resulting from returned payment checks should be borne by the makers of such checks and not by the other citizens of the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 45-11, of Miami Beach City Code Chapter 45, entitled Water" is hereby amended to read as follows: Sec. 45-11. Payment of bills. (a) Payment of all bills and accounts of the public works department must be made to the city cashier in the city finance department. (b) All water and sewer bills, except those rendered to the Army or to any federal agency, shall be paid within fifteen days from the date of the bill. Bills rendered to the Army or any federal agency shall be paid within forty- five days from the date of bill. A ten percent penalty shall be added to all water bills, except those rendered to II 1 days from the date of bill. A ten percent penalty shall be added to all bills rendered to the Army or any federal agency if not paid within forty-five days from the date of the bill. (c) The date payment is actually received by the cashier of the finance department, regardless of the postmark date, shall be taken as date of payment for all remittances by mail for bills and accounts due. (d) No abatements or deductions on metered service charges shall be made or allowed, except for errors, in meter readings on which such charges are based, or inaccuracies in the registration of any meter or in the event of error on the part of the public works department in the making of any charge or in the amount thereof, and then only provided claim for such abatement or deduction is made in writing within ten days after the date of the rendition of the bill or account in dispute. (e) No abatements or deductions on any bill, account or charge rendered or made by the public works department for any service or purpose other than metered service, shall be made or allowed, unless and only when claim for such abatements or deductions is made in writing within ten days after the date of the rendition of the bill or account in dispute. (f) Dishonored Rcturncd P-aYillent checks will be automatically presented to the banks for collection a second time when practicable and if then returned for whatever reason, the account will be charged a fee in the amount of either (1) the charge paid by the City to the bank returning the check plus an additional twenty-five percent (25%) of the bank charge for the City's administrative expenses, provided that the administrative fee shall not be less than five dollars ($5), minimum of fivc dollaro or, (2) five percent of the amount of the check, whichever is greater. (g) Notwithstanding any other provisions of this chapter, prior to cut-off service, the finance director or his designated agent shall mail and/or hand deliver a notice of 2 cut-off of services to the owner, resident or occupant to present their dispute to the finance director or his designated agent. Notice of cut-off shall automatically become final on the date and time of such hearing in the event that said owner, resident or occupant fails to appear. (h) The city finance director may direct billing to issue one itemized water and sewer bill, where practicable, for all water meters billed to a given owner or consumer on a given parcel of property or properties. In addition, the finance director may direct, where practicable, that the appropriate charges for garbage and waste fees be included on any bill rendered for water and sewer charges. The combined bills are subject to all provisions set forth in chapters 45 and 14A of the Code of the City of Miami Beach. SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect on the September , 1992. PASSED and ADOPTED this 16th day of ATTEST: CITY CLERK 1st reading 9/2/92 2nd reading 9/16/92 SWS:scf:\diskl\waterchg.ord 3 26th September day of , 1992. FORM APPROVED LEGT _ DEPT. By —,z�, ��� Cee. �,0 .i Date t- a 2- CITY OF MIAMI BEACH O Y -ALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH gLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. '7 p -q2 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Canto City Manager SUBJECT: DATE: September 16, 1992 An Ordinance amending the City Code Chapter 45 "Water", Section 45-11 "Payment of Bill" by increasing the charge for dishonored checks Administrative Recommendation: The Administration recommends that the City Commission adopt this Ordinance on second reading after the public hearing for September 16, 1992. Background: Over the past several years the City has experienced an increase in the number of returned (dishonored) checks from customers of the water system. The City is charged a fee by the hank for each of these returned items of $1.5.00 and also incurs add: tional costs in the administrative time to process and collect these returned checks. The processing time required is substantial and as the volume of returned checks has reached 600 annually. Analysis: The current City Code Section 45-11(0 provides for a charge of a minimum of $5.00 or 5% of the amount of the check, whichever is greater. The proposed amendment provides for a fee equal to the amount that is charged by the bank to the City for returned checks plus an additional 25%, with a minimum of $5.00 for this additional amount, or 5% of the check amount, whichever is greater. This change will produce a minimum of a $15.00 increase in the charge for returned checks from our customers and, with the current volume, it would produce a minimum of $9,000.00 annually. This amount will be sufficient to defray the administrative costs associated with the handling of returned checks. Conclusion: City Code Section 45-11(0 should be amended to provide a mechanism to recover the City's direct and administrative costs associated with the processing of returned checks from our water customers. AGENDA ITEM DATE a a) LC) • a) 0 4 w NT .0 1J 0 .1J a) to a) r-4 a) 6\ • a cd U) G ..� • OD � 3 w v a▪ l U cod .0 ,C a) 1 a1 a) 0 00 1 )4 u) U .0 >, 00 4 a) a) Lrl r-1 U 4-1 3.1 U U) o coD .a 0 - -0 a) ..0 +1 a) U f••+ cd a) 3 U a. �+ OD c O .L] S.1 +J a) a) 0 4-) •r1 r--1 w a) 0 4-I 0 4a11 > ? a) •H v •r1 >, .c 0 0 ro •r1 4 (..) 0 .-0 1J +-J 4 .A a) 4-4 U a •r1 cn a) > •r1 .0 E 4-4 U .-. • 1 bO a) •r -I ...0 ata) '--."cd 4..) 0 . . a) + cd 4 es CO : 0 +J ?-4 U 4-4 1.1 :1 1J •1-1 a) E >, ..0 • O a) O •r1 00 R) al N •H •r1 .. E •,.1 3 0•1 0 a) >, +J L11 Lo CO Z _ _ a) +J CO cv 'U s - OD 0 •r4 I1 cd ' ._. OD -0 - i-1 1.J 0 1J U O aJ a) 0 co +J E u) 0 •H r-1 4 u) a) •r+ 0 0 $4 .c - 0 4J 4- U ._SG .0 0 a) E cd U 0 •r1 •r1 U +J •rl U •rl r-1 E 0 a) 0))4-1 0 i 01J a) 0. •o • +- -J