Loading...
2003-25174 ResoRESOLUTION N0.2003-25174 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING CODE ENFORCEMENT AND FINE POLICIES. WHEREAS, the daily fines on code violations have been accumulating to an exorbitant amount that sometimes exceed the value of the property; and WHEREAS, since the fines and liens are inflated, requests for mitigation are being granted at significant percentages of the outstanding balance; and WHEREAS, the Administration seeks to reduce the inflated liens to an amount that are reasonable and can be collected by adopting the code enforcement and fine policies set forth in Exhibits A and B which are incorporated herein by reference. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the code enforcement and fine policies set forth in the attached Exhibits A and B are hereby approved and adopted. PASSED and ADOPTED this 9th day of April , 2003. ATTE V CITY CLERK Mayo Matti Herrera Bower Robert Parcher F:lcmgr\$ALL\BOB\Policy for all City Code Fines Reso 4-9-03.doc ~'r'trt~V~®~RS T~ F® & LAN~3d~~~~ ~ ~~ ~UT9~~d I1 I ~ e4 '~ ~ ~ o1~a EXHIBIT A Policy for all City Code fines • Inten#: Provide for a policy for City Code fines. Enforcement procedure: 1. After 90 days of non-compliance, Code Compliance will schedule a Special Master Hearing. When fines accrue to the designated amount of the assessed value of the property at the time of a Special Masters order of violation or 180 days, whichever comes first, a notice of foreclosure is to be sent to the property owner. Fines will continue to run during the foreclosure action. 2. If property owner does not respond to the foreclosure notice, an order seeking injunctive relief will be obtained from the Special Master and the City will seek compliance through court action. The injunctive relief will be pursued unless a determination is made that the City's best interests and compliance can be better achieved through completion of the foreclosure process. 3. All departments which issue citations and fines through the Special Master process will follow this policy. EXHIBIT B Code Enforcement Policy It shall be the general policy of the City that in addressing violations of City Code, emphasis shall be placed on achieving compliance rather than on punishment or revenue generation. In addressing compliance with City Code, the various departments shall: • Seek voluntary compliance • Issue citations only as a means necessary to achieve compliance • Seek compliance in an expeditious fashion, yet provide sufficient flexibility to persons or businesses to correct or otherwise sufficiently address any violations • Use a common sense approach to violations, recognizing that not all codes are appropriate to enforce strictly in all situations. Use discretion and creativity in addressing potential violations. • Give priority to life safety codes and those codes addressing major concerns or issues in the community. • Uniformly enforce the code. Show no favoritism or undue attention in seeking compliance with City Codes. • Strive to have contact with parties on a face-to-face basis when ever possible. • If face-to-face contact is not possible, contact violator telephonically (from Occupational License). • Prioritize the most egregious violations. • Strive to provide follow up status report on complaints to those who lodged the complaint. • Provide adequate notice to all affected parties in a possible violation. • Strive to educate those who are contacted regarding code issues on the requirements of the code and to provide an understanding of why the respective section exists. • Use good customer service skills. • Deal swiftly and severely with repeat violators. • Code Compliance Officers shall on a daily basis retrieve voice mail messages and return messages within a 48-hour period. F:\cmgr\$ALL\BOB\Policy for all City Code fines4-9-03.doc CIIY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: A resolution setting a cap of 15% of the assessed property value or $250,000, whichever is greater for daily fines imposed by the Special Master for life safety violations and a cap of 10% of the assessed property value or $125,000.00, whichever is greater for non-life safety violations. Issue: Shall the City Commission approve setting caps for daily fines imposed by the Special Master? item Summa Recommendation: At the Neighborhoods Committee meeting on January 27, 2003, there was a discussion on legislatively imposed cap of daily fines imposed by the Special Master to compliment procedural changes that were to be pursued. The Committee unanimously supported a policy of liens not to exceed 15% of the Miami-Dade County's assessed property value or $250,000, whichever was greater. The Committee also discussed and supported a lesser cap for violations that were not of a life safety nature. Subsequent to the Committee meeting implementation concerns surfaced. A revised resolution that simplifies the cap is suggested and shown as Attachment 2. The Committee version as amended to address implementation issues is shown as Attachment 1. The Administration recommends approving resolution in Attachment 2. Board Recommendation: Financial Information: Source of Amount Account Approved Funds: ~ 2 3 4 Finance Dept. Total Ci Clerk's Office Le islative Trackin Robert Middaugh Si n-Offs• Department Director Assist ity Manager Ci Hager ~- v~v~~~vn\cvVJ1OFJI VDVJ\WI IACI l1N,21~J VII IIIIC~OV ~C AGENDA ITEM /`I' ~L~ DATE ~ -O CITYOFMIAMIBEACH 1700 Convention Center Dr, Miami Beach, FI 33139 http:\\ci. m iam i-beach.fl. us COMMISSION MEMORANDUM To: Mayor David Dermer and Date: April 9, 2003 Members of the City Commission From: Jorge M. Gonzalez ~ JAG City Manager ~L Subject: A RESOLUTION OF THE MAYOR AND ITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A CAP OF 15% OF THE ASSESSED PROPERTY VALUE OR $250,000.00, WHICHEVER IS GREATER FOR DAILY FINES IMPOSED BY THE SPECIAL MASTER FOR LIFE SAFETY VIOLATIONS AND A CAP OF 10% OF THE ASSESSED PROPERTY VALUE OR $125,000.00, WHICHEVER iS GREATER FOR NON-LIFE SAFETY VIOLATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution shown as Attachment 2. ANALYSIS The Commission and the Administration are routinely faced with liens imposed on property in the City that are significant and at times may exceed the value of the property in question. These liens are a result of otherwise appropriate fines, that when accumulated over an extended period of time, become overly large and unreasonable. In addressing this problem, the Administration has developed two proposals that have been discussed at some length by the Neighborhoods Committee. One proposal was to address and improve the process and procedure of fines and liens administratively and the other was to enact legislative guidance for the magnitude of fines and liens. The attached Exhibit to the Resolution sets forth the policy and procedural changes that were discussed with the Committee. The procedural changes make provisions for improved notice to property owners and also for a more expedited resolution of the violation either through compliance or the acceleration of the appropriate legal remedy. The procedural changes were supported by the Committee and were requested to be a companion to the resolution on limits for fines and liens, which is the main subject of the attached Resolution. At the Neighborhoods Committee meeting on January 27, 2003, there was a discussion on legislatively imposed cap of daily fines imposed by the Special Master to compliment the procedural changes that were to be pursued. The Committee unanimously supported a policy of liens not to exceed 15% of the Miami-Dade County's assessed property value or $250,000.00, whicheverwas less. The Committee also discussed and supported a lesser cap for violations that were not of a life safety nature. The attached Resolution includes a lower cap for this type of violation in the amount of 10% of the assessed value of the property, or $125,000.00, whichever is greater. The Special Master would make the determination of the appropriate cap in the ruling that established a fine for any given violation. In preparing this item for Commission action, it became clear that there may be differing interpretations as to what constituted a life safety violation. To address this concern, language has been suggested in the Resolution that requires the City Manager to develop criteria for determining on a consistent basis how a violation is categorized by the Special Master. The Resolution shown as Attachment 1 reflects this language. An alternative Resolution is also included in the event that the Commission would rather have a simpler cap for all types of violations. No distinction is made between life safety and other violations in the Resolution, which is shown as Attachment 2. The combination of the procedural changes and the lien cap in either Resolution should result in more reasonable fines and liens that are proportionate to the violation and a more expedited process that does not drag on for years. The combination of procedural changes and a cap in either Resolution will significantly reduce the size of liens thatare imposed. As such, the simplified cap in Resolution 2, that makes no distinction between life safety and other violations, is recommended for approval. The simplified cap will be more easily implemented and administered. JMG\RCM\VPGWC\sam T:WGENDA120034apr0903UegularlCap on fines memo.doc Attachment 1 ;- RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A CAP OF 15% OF THE ASSESSED PROPERTY VALUE OR $250,000.00, WHICHEVER IS GREATER FOR DAILY FINES IMPOSED BY THE SPECIAL MASTER FOR LIFE SAFETY VIOLATIONS AND A CAP OF 10% OF THE ASSESSED PROPERTY VALUE OR $125,000.00, WHICHEVER IS GREATER FOR NON-LIFE SAFETY VIOLATIONS. WHEREAS, pursuant to section 30-74 of the City Code, the Special Master may impose daily fines not to exceed $1,000.00 per day for a first violation and shall not exceed a $5,000.00 per day fine for a repeat violation; and WHEREAS, the daily fines have been accumulating to an exorbitant amount that sometimes exceed the value of the property; and WHEREAS, since the fines and liens are inflated, requests for mitigation are being granted at significant percentages of the outstanding balance; and WHEREAS, the Administration seeks to reduce the inflated liens to an amount that are reasonable and can be collected; and WHEREAS, the Special Master shall set a cap of 15% of the Miami-Dade County accessed property value or $250,000.00, whichever is greater for life safety violations; and WHEREAS, the Special Master shall set a cap of 10% of the Miami-Dade County assessed property value or $250,000.00, whichever is greater for non-life safety violations; NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Special Master is hereby vested with the authority to cap daily fines at 15% of the Miami-Dade County assessed property value or other verifiable or documented source indicating property value (such as pending contract for sale or an independent appraisal) or $250,000.00 whichever is greater for life safety violations as determined by criteria to be developed by the City Manager; and further that the Special Master is vested with authority to cap daily fines at 10% of the Miami-Dade County assessed property value or other verifiable or documented source indicating property value (such as pending contract for sale or an independent appraisal) or $125,000.00 whichever is greater for cases which are to determined to be non-life safety violations as determined by criteria to be developed by the City Manager; and further that the attached policy for all City Code fines is approved and incorporated herein. PASSED AND ADOPTED THIS ATTEST: City Clerk DAY OF , 2003. Mayor David Dermer APPkOVED AS TO CORM ~ IANGUAGE -~ FC.~R EXEQUTiON os-s~~-o 3 ______.~ QOt3 Attachment 2~'~ RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A CAP OF 15% OF THE ASSESSED PROPERTY VALUE OR $250,000.00, WHICHEVER IS GREATER FOR DAILY FINES IMPOSED BY THE SPECIAL MASTER. WHEREAS, pursuant to section 30-74 of the City Code, the Special Master may impose daily fines not to exceed $1,000.00 per day for a first violation and shall not exceed a $5,000.00 per day fine for a repeat violation; and WHEREAS, the daily fines have been accumulating to an exorbitant amount that sometimes exceed the value of the property; and WHEREAS, since the fines and liens are inflated, requests for mitigation are being granted at significant percentages of the outstanding balance; and WHEREAS, the Administration seeks to reduce the inflated liens to an amount that are reasonable and can be collected; and WHEREAS, the Special Master shall set a cap of 15% of the Miami-Dade County accessed property value or $250,000.00, whichever is greater; and NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Special Master is hereby vested with the authority to cap daily fines at 15% of the Miami-Dade County assessed property value or other verifiable or documented source indicating property value (such as pending contract for sale or an independent appraisal) or $250,000.00 whichever is greater; and further that the attached policy for all City Code fines is approved and incorporated herein. PASSED AND ADOPTED THIS DAY OF , 2003. ATTEST: City Clerk Mayor David Dermer 1U: i :..:.i r~ d~ -3l~ ._.__~ o~ Policy for all City Code fines • Intent: Provide for a maximum amount of fine that can accrue on any property and provide for a mechanism to achieve compliance. Focus on compliance not revenue generation. • Fine amount: Total fine amount for life safety issues to be capped at 15% of assessed property value as indicated in the most current Miami Dade tax assessor records, at -the time of collection of the fine, or $250,000, which ever is greater. For non-life safety issues, total fine amount to be capped at 10% of assessed property value as indicated in the most current Miami Dade tax assessor records, at the time of collection of the fine, or $125,000, which ever is greater. Determination of the appropriate cap amount to be determined by the Special Master at the time of an order imposing fines for a violation. • Enforcement procedure: 1. After 90 days of non-compliance, Code Compliance will schedule a Special Master Hearing. When fines accrue to the designated amount of the assessed value of the property at the time of a Special Masters order of violation or 180 days, whichever comes first, a notice of foreclosure is to be sent to the property owner. Fines will continue to run during the foreclosure action until the cap is reached. 2. If property owner does not respond to the foreclosure notice, an order seeking injunctive relief will be obtained from the. Special Master and the City will seek compliance through court action. The injunctive relief will be pursued unless a determination is made that the City's best interests and compliance can be better achieved through completion of the foreclosure process. 3. All departments which issue citations and fines through the Special Master process will follow this policy. Code Enforcement Policy It shall be the general policy of the City that in addressing violations of City Code, emphasis shall be placed on achieving compliance rather than on punishment or revenue generation. In addressing compliance with City Code, the various departments shall: • Seek voluntary compliance • Issue citations only as a means necessary to achieve compliance • Seek compliance in an expeditious fashion, yet provide sufficient flexibility to persons or businesses to correct or otherwise sufficiently address any violations • Use a common sense approach to violations, recognizing that not all codes are appropriate to enforce strictly in all situations. Use discretion and creativity in addressing potential violations. • Give priority to life safety codes and those codes addressing major concerns or issues in the community. • Uniformly enforce the code. Show no favoritism or undue attention in seeking compliance with City Codes. • Strive to have contact with parties on a face-to-face basis when ever .possible. ` • If face-to-face contact.is not possible, contact violator telephonically (from Occupational License). • Prioritize the most egregious violations. • Strive to provide follow up status report on complaints to those who lodged the complaint • Provide adequate notice to all affected parties in a possible violation. • Strive to educate those who are contacted regarding code issues on the requirements of the code and to provide an understanding of why the respective section exists. • Use good customer service skills • Deal swiftly and severely with repeat violators • Code Compliance Officers shall on a daily basis retrieve voice mail messages and return messages within a 48-hour period. 2 Page 1 of2 Williams, Mercedia From: Williams, Mercedia Sent: Thursday, April 1 0,2003 1 :21 PM To: Maes, Shelia Cc: Hatfield, Liliam Subject: Commission Item R-7-E Sheila, Please note the below changes. R7E A Resolution Setting A Cap Of 15% Of The Assessed Property Value Or $250,000, Whichever Is Greater For Daily Fines Imposed By The Special Master For Life Safety Violations And A Cap Of 10% Of The Assessed Property Value Or $125,000, Whichever Is Greater For Non-Life Safety Violations. (City Manager's Office) ACTION: Resolution No. 2003-25174 adopted as amended. Motion made by Commissioner Steinberg to adopt the policy only minus the cap provision with the amendment offered by Commissioner Gross that the policy be amended on item #1 to inform the violators; seconded by Commissioner Bower; Voice vote: 7-0. Al Childress, Phil Azan, Chief Jordan and Robert Parcher to handle. Amendment: Commissioner Gross stated that people are informed when they have a violation and he will like that to be added to the policy in item 1. He is comfortable with a one tier if the Administration feels that is a better solution. Commissioner Smith stated that he opposes any cap. He stated that a better measurement for a settlement is checking the equity of the property. Commissioner Steinberg stated that if you have the provision to do things on a timely manner, caps are not necessary. A better approach is to instruct the Manager not to linger when thing are not proceeding timely. He suggested a two step approach. Commissioner Gross suggested passing the policy only. 4/10/2003 Afteraction April 9, 2003 DRAFT #1 City of Miami Beach R7E A Resolution Setting A Cap Of 15% Of The Assessed Property Value Or $250,000, Whichever Is Greater For Daily Fines Imposed By The Special Master For Life Safety Violations And A Cap Of 10% Of The Assessed Property Value Or $125,000, Whichever Is Greater For Non-Life Safety Violations. (City Manager's Office) ACTION: Resolution No. 2003-25174 adopted as amended. Motion made by Commissioner Steinberg to adopt the policy only minus the cap provision with the amendment offered by Commissioner Gross that the policy be amended on item #1 to inform the violators; seconded by Commissioner Bower; Voice vote: 7-0, AI Childress, Phil Azan, Chief Jordan and Robert Parcher to handle. Amendment: Commissioner Gross stated that people are informed when they have a violation and he will like that to be added to the policy in item 1. He is comfortable with a one tier if the Administration feels that is a better solution. Commissioner Smith stated that he opposes any cap. He stated that a better measurement for a settlement is checking the equity of the property. Commissioner Steinberg stated that if you have the provision to do things on a timely manner, caps are not necessary. A better approach is to instruct the Manager not to linger when thing are not proceeding timely. He suggested a two step approach. Commissioner Gross suggested passing the policy only. Prepared by the City Clerk's Office Page # xv F:\CLER\COMMON\2003\20030409\030409d4.com.doc xv CllY OF M1AMI BEACH CONMISSION ITEM SUMMARY lC\ Condensed Title: A resolution setting a cap of 15% of the assessed property value or $250,000, whichever is greater for daily fines imposed by the Special Master for life safety violations and a cap of 10% of the assessed property value or $125,000,00, whichever is areater for non-life safety violations, Issue: Shall the City Commission approve setting caps for daily fines imposed by the Special Master? Item Summa IRecommendation: At the Neighborhoods Committee meeting on January 27, 2003, there was a discussion on legislatively imposed cap of daily fines imposed by the Special Master to compliment procedural changes that were to be pursued. The Committee unanimously supported a policy of liens not to exceed 15% ofthe Miami-Dade County's assessed property value or $250,000, whichever was greater. The Committee also discussed and supported a lesser cap for violations that were not of a life safety nature, Subsequent to the Committee meeting implementation concerns surfaced. A revised resolution that simplifies the cap is suggested and shown as Attachment 2, The Committee version as amended to address implementation issues is shown as Attachment 1, The Administration recommends a rovin resolution in Attachment 2. Advisory Board Recommendation: I NIA Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept Total City Clerk's Office Legislative Tracking: I Robert Middaugh Si n-Offs: Department Director AGENDA ITEM DATE f(7E f-f-cJ3 CITYOFMIAMIBEACH 1700 Convention Center Dr, Miami Beach, FI 33139 http:\\ci,miami-beach,ll.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M, GOnZalez~ ~1M6 - City Manager . L... Date: April 9, 2003 To: Subject: A RESOLUTION OF THE MAYOR AND ITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A CAP OF 15% OF THE ASSESSED PROPERTY VALUE OR $250,000.00, WHICHEVER IS GREATER FOR DAILY FINES IMPOSED BY THE SPECIAL MASTER FOR LIFE SAFETY VIOLATIONS AND A CAP OF 10% OF THE ASSESSED PROPERTY VALUE OR $125,000.00, WHICHEVER IS GREATER FOR NON-LIFE SAFETY VIOLATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution shown as Attachment 2. ANALYSIS The Commission and the Administration are routinely faced with liens imposed on property in the City that are significant and at times may exceed the value of the property in question. These liens are a result of otherwise appropriate fines, that when accumulated over an extended period of time, become overly large and unreasonable. In addressing this problem, the Administration has developed two proposals that have been discussed at some length by the Neighborhoods Committee. One proposal was to address and improve the process and procedure offines and liens administratively and the other was to enact legislative guidance for the magnitude of fines and liens. The attached Exhibit to the Resolution sets forth the policy and procedural changes that were discussed with the Committee. The procedural changes make provisions for improved notice to property owners and also for a more expedited resolution of the violation either through compliance or the acceleration of the appropriate legal remedy. The procedural changes were supported by the Committee and were requested to be a companion to the resolution on limits for fines and liens, which is the main subject of the attached Resolution. At the Neighborhoods Committee meeting on January 27, 2003, there was a discussion on legislatively imposed cap of daily fines imposed by the Special Master to compliment the procedural changes that were to be pursued. The Committee unanimously supported a policy of liens not to exceed 15% of the Miami-Dade County's assessed property value or $250,000.00, whichever was less. The Committee also discussed and supported a lesser cap for violations that were not of a life safety nature. The attached Resolution includes a lower cap for this type of violation in the amount of 10% of the assessed value of the property, or $125,000.00, whichever is greater. The Special Master would make the determination of the appropriate cap in the ruling that established a fine for any given violation. In preparing this item for Commission action, it became clear that there may be differing interpretations as to what constituted a life safety violation. To address this concern, language has been suggested in the Resolution that requires the City Manager to develop criteria for determining on a consistent basis how a violation is categorized by the Special Master. The Resolution shown as Attachment 1 reflects this language. An alternative Resolution is also included in the event that the Commission would rather have a simpler cap for all types of violations. No distinction is made between life safety and other violations in the Resolution, which is shown as Attachment 2. The combination of the procedural changes and the lien cap in either Resolution should result in more reasonable fines and liens that are proportionate to the violation and a more expedited process that does not drag on for years. The combination of procedural changes and a cap in either Resolution will significantly reduce the size of liens that are imposed. As such, the simplified cap in Resolution 2, that makes no distinction between life safety and other violations, is recommended for approval. The simplified cap will be more easily implemented and administered. JMG\RCMWPG\AC\sam T:\AGENDA\2003\apr0903\regularlCap on fines memo,doc Attachment 1 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A CAP OF 15% OF THE ASSESSED PROPERTY VALUE OR $250,000.00, WHICHEVER IS GREATER FOR DAILY FINES IMPOSED BY THE SPECIAL MASTER FOR LIFE SAFETY VIOLATIONS AND A CAP OF 10% OF THE ASSESSED PROPERTY VALUE OR $125,000.00, WHICHEVER IS GREATER FOR NON-LIFE SAFETY VIOLATIONS. WHEREAS, pursuant to section 30-74 of the City Code, the Special Master may impose daily fines not to exceed $1,000.00 per day for a first violation and shall not exceed a $5,000.00 per day fine for a repeat violation; and WHEREAS, the daily fines have been accumulating to an exorbitant amount that sometimes exceed the value of the property; and WHEREAS, since the fines and liens are inflated, requests for mitigation are being granted at significant percentages of the outstanding balance; and WHEREAS, the Administration seeks to reduce the inflated liens to an amount that are reasonable and can be collected; and WHEREAS, the Special Master shall set a cap of 15% of the Miami-Dade County accessed property value or $250,000.00, whichever is greater for life safety violations; and WHEREAS, the Special Master shall set a cap of 10% of the Miami-Dade County assessed property value or $250,000.00, whichever is greater for non-life safety violations; NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Special Master is hereby vested with the authority to cap daily fines at 15% of the Miami-Dade County assessed property value or other verifiable or documented source indicating property value (such as pending contract for sale or an independent appraisal) or $250,000.00 whichever is greater for life safety violations as determined by criteria to be developed by the City Manager; and further that the Special Master is vested with authority to cap daily fines at 10% of the Miami-Dade County assessed property value or other verifiable or documented source indicating property value (such as pending contract for sale or an independent appraisal) or $125,000.00 whichever is greater for cases which are to determined to be non-life safety violations as determined by criteria to be developed by the City Manager; and further that the attached policy for all City Code fines is approved and incorporated herein. PASSED AND ADOPTED THIS DAY OF ,2003. ATTEST: City Clerk Mayor David Dermer ... as-st...o 3 Doh Attachment 2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A CAP OF 15% OF THE ASSESSED PROPERTY VALUE OR $250,000.00, WHICHEVER IS GREATER FOR DAILY FINES IMPOSED BY THE SPECIAL MASTER. . WHEREAS, pursuant to section 30-74 of the City Code, the Special Master may impose daily fines not to exceed $1,000.00 per day for a first violation and shall not exceed a $5,000.00 per day fine for a repeat violation; and WHEREAS, the daily fines have been accumulating to an exorbitant amount that sometimes exceed the value of the property; and WHEREAS, since the fines and liens are inflated, requests for mitigation are being granted at significant percentages of the outstanding balance; and WHEREAS, the Administration seeks to reduce the inflated liens to an amount that are reasonable and can be collected; and WHEREAS, the Special Master shall set a cap of 15% of the Miami-Dade County accessed property value or $250,000.00, whichever is greater; and NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Special Master is hereby vested with the authority to cap daily fines at 15% of the Miami-Dade County assessed property value or other verifiable or documented source indicating property value (such as pending contract for sale or an independent appraisal) or $250,000.00 whichever is greater; and further that the attached policy for all City Code fines is approved and incorporated herein. PASSED AND ADOPTED THIS DAY OF ,2003. ATTEST: City Clerk Mayor David Dermer I aJ -.? /...o.J 0. . - Policy for all City Code fines . Intent: Provide for a maximum amount of fine that can accrue on any property and provide for a mechanism to achieve compliance, Focus on compliance not revenue generation. . Fine amount: Total fine amount for life safety issues to be capped at 15% of assessed property value as indicated in the most current Miami Dade tax assessor records, at the time of collection of the fine, or $250,000, which ever is greater. For non-life safety issues, total fine amount to be capped at 10% of assessed property value as indicated in the most current Miami Dade tax assessor records, at the time of collection of the fine, or $125,000, which ever is greater. Determination of the appropriate cap amount to be determined by the Special Master at the time of an order imposing fines for a violation. . Enforcement procedure: 1. After 90 days of non-compliance, Code Compliance will schedule a Special Master Hearing. When fines accrue to the designated amount of the assessed value of the property at the time of a Special Masters order of violation or 180 days, whichever comes first, a notice of foreclosure is to be sent to the property owner. Fines will continue to run during the foreclosure action until the cap is reached. 2. If property owner does not respond to the foreclosure notice, an order seeking injunctive relief will be obtained from the Special Master and the City will seek compliance through court action. The injunctive relief will be pursued unless a determination is made that the City's best interests and compliance can be better achieved through completion of the foreclosure process. 3. All departments which issue citations and fines through the Special Master process will follow this policy. 1 ... Code Enforcement Policy It shall be the general policy of the City that in addressing violations of City Code, emphasis shall be placed on achieving compliance rather than on punishment or revenue generation. In addressing compliance with City Code, the various departments shall: . Seek voluntary compliance . Issue citations only as a means necessary to achieve compliance . Seek compliance in an expeditious fashion, yet provide sufficient flexibility to persons or businesses to correct or otherwise sufficiently address any violations . Use a common sense approach to violations, recognizing that not all codes are appropriate to enforce strictly in all situations. Use discretion and creativity in addressing potential violations. . Give priority to life safety codes and those codes addressing major concerns or issues in the community. . Uniformly enforce the code. Show no favoritism or undue attention in seeking compliance with City Codes. . Strive to have contact with parties on a face-to-face basis when ever possible. . If face-to-face contact is not possible, contact violator telephonically (from Occupational License). . Prioritize the most egregious violations. . Strive to provide follow up status report on complaints to those who lodged the complaint . Provide adequate notice to all affected parties in a possible violation. . Strive to educate those who are contacted regarding code issues on the requirements of the code and to provide an understanding of why the respective section exists. . Use good customer service skills . Deal swiftly and severely with repeat violators . Code Compliance Officers shall on a daily basis retrieve voice mail messages and return messages within a 48-hour period. 2 \0.