2011-3736 Ordinance ORDINANCE Na 2011 -3736
b
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF
THE CITY CODE, ENTITLED "UTILITIES," BY AMENDING ARTICLE
IV, ENTITLED "FEES, CHARGES, RATES AND BILLING
PROCEDURE," BY AMENDING DIVISION 3, ENTITLED "BILLING
PROCEDURE," BY AMENDING SECTION 110 -191, ENTITLED
"PAYMENT OF BILLS," BY AMENDING 110- 191(B) BY CHANGING
THE DUE DATE FOR UTILITY BILLS TO 21 DAYS FROM 15 DAYS
FROM THE DATE OF THE BILL; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND EFFECTIVE DATE.
WHEREAS, on February 9, 2011, the City of Miami Beach Commission referred
a discussion item regarding the amount of time customers have to pay their utility bill to
the Finance And Citywide Projects Committee; and
WHEREAS, the Miami Beach City Code presently states that all water, sewer
and stormwater utility bills shall be paid within 15 days from the date of the bill; and
WHEREAS, on June 23, 2011, at a meeting of the Finance and Citywide Projects
Committee, the Committee recommended changing the due date for utility bills to 21
days, from the current 15 days, from the date of the bill ; and
WHEREAS, this recommendation came after the Finance and Citywide Projects
Committee analyzed and compared due dates from other public utility providers from
neighboring communities, as well as, other utility bills from private providers who
operate in Miami Beach; and
WHEREAS, the Finance and Citywide Projects Committee recommended that
the new 21 day due date become effective for fiscal year 2011/2012;
WHEREAS, on July 13, 2011, the City of Miami Beach Commission unanimously
approved this item on first reading; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1: That Chapter 110 of the City Code, Article IV, Division 3, Section 110 -
191(b), of the Miami Beach City Code is hereby amended as follows:
Sec. 110- 191(b). — Payment of bills.
(b) All water, sewer, and stormwater utility bills, ..., shall be paid within 45 21 days from
the date of the bill... A ten percent penalty shall be added to all water, sewer, and
stormwater utility bills..., if not paid within 45 21 days from the date of bill...
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section ", "article ", or
other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity or constitutionality of the
remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 24th day of September , 2011, which is 10
days after adoption
PASSED and ADOPTED this 14th day of September , 2011.
A EST: ; —' � .. � 4 i ayor
i
City Clerk C °RP °RATED:
3 7 ‘ ' :IN
s
Letters or numbers that a "=ys9 • ""ot g'I� deletions from existing ordinance.
Letters or numbers that are �� : • 1I itions to existing ordinance.
APPROVED AS TO
FORM & LA_, .i'
& FOR EXECU i erillr7rney bate
7
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 110 of the City Code, entitled "Utilities," by amending Article
IV, entitled "Fees, Charges, Rates and Billing Procedure," by amending Division 3, entitled
"Billing Procedure," by amending Section 110 -191, entitled "Payment of Bills," by amending 110 -
191(b) by changing the due date for utility bills to 21 days from 15 days from the date of the bill...
Key Intended Outcome Supported:
Increase community satisfaction with City Government.
Supporting Data (Surveys, Environmental Scan, etc.): 87% of residents rated Miami Beach as
an excellent or good place to live.
Issue:
Shall the Mayor and City Commission approve the Ordinance?
Item Summary/Recommendation:
At the February 9, 2011 City of Miami Beach Commission meeting, a discussion item regarding the
amount of time customers have to pay their utility bill was referred by Commissioner Jonah Wolfson to
the Finance and Citywide Projects Committee (F &CWPC).
Presently, the Miami Beach City Code states that all water, sewer and stormwater utility bills (utility
bills) shall be paid within 15 days from the date of the bill.
On June 23, 2011, at a meeting of the F &CWPC, the Committee recommended changing the due
date for utility bills to 21 days, from the current 15 days, from the date of the bill.
This recommendation came after the Committee analyzed and compared due dates from other public
utility providers from neighboring communities, as well as, other utility bills from private providers who
operate in Miami Beach.
At the July 13, 2011 City of Miami Beach Commission meeting, upon first reading, the Commission
unanimously voted to change the due date for utility bills to 21 days, from the current 15 days, from
the date of the bill. The Commission also referred a discussion item to the F &CWPC, additionally
amending the proposed Ordinance by changing the penalty percentage charged on late bills, from
10% to 5% of the current bill.
This referral discussion was scheduled to be heard at the August 17, 2011 meeting of the F &CWPC, a
meeting which was canceled and rescheduled as a result of a lack of a quorum.
Advisory Board Recommendation:
The Finance and Citywide Projects Committee recommended the proposed Ordinance be
approved by the Commission. Pending further discussion on July 13, 2011 proposed
amendment.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Patricia D Walker
Sign -Offs:
Departmen P rector Assistant C' anager City Manager
PDW r PDW JMG
T\AGENDA\2011 \9 -1 ° UTB CH 110 Ordinance — Summ ' - - ading
MIAMIBEACH AGENDA ITEM R5'f3
DATE 9--/V-1/
® MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO• Mayor Matti Herrera Bower and Members of the City Commission
FROM. Jorge M Gonzalez, City Manager
SECOND READING (Open & Continue)
DATE• September 14, 2011 PUBLIC HEARING
SUBJECT AN ORDINANCE OF THE M OR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE CITY
CODE, ENTITLED "UTILITIES," BY AMENDING ARTICLE IV, ENTITLED
"FEES, CHARGES, RATES AND BILLING PROCEDURE," BY AMENDING
DIVISION 3, ENTITLED "BILLING PROCEDURE," BY AMENDING SECTION
110 -191, ENTITLED "PAYMENT OF BILLS," BY AMENDING 110- 191(B) BY
CHANGING THE DUE DATE FOR UTILITY BILLS TO 21 DAYS FROM 15
DAYS FROM THE DATE OF THE BILL; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue this item until the
Finance and Citywide Projects Committee has had an opportunity to discuss and make a
recommendation on the proposed Ordinance amendment.
BACKGROUND
At the February 9, 2011 City of Miami Beach Commission meeting, a discussion item regarding the
amount of time customers have to pay their utility bill was referred by Commissioner Jonah Wolfson
to the Finance and Citywide Projects Committee (F &CWPC).
Presently, the Miami Beach City Code states that all water, sewer and stormwater utility bills (utility
bills) shall be paid within 15 days from the date of the bill.
ANALYSIS
On June 23, 2011, at a meeting of the F &CWPC, the Committee recommended changing the due
date for utility bills to 21 days, from the current 15 days, from the date of the bill.
This recommendation came after the Committee analyzed and compared due dates from other
public utility providers from neighboring communities, as well as, other utility bills from private
providers who operate in Miami Beach (analysis listed for review).
UTB CH 100 Ordinance Revision
Page 2 of 2
City of Miami Beach
Utility Billing Analysis
Plus / Minus Days
Days of Past Due Compared to
Community Name Service After (X) Days Miami Beach
City of Miami Beach - Utility Billing 30 15 -
Miami-Dade Water and Sewer Department 90 21 6
Broward County Commission - Public Works Department 30 21 6
City of Miramar 30 21 6
Ci of Fort Lauderdale 30 25 10
Other Utilities
Florida Power and Light 30 21 6
TECO - Peoples Gas 30 21 6
The Committee further recommended that the new 21 day due date become effective for fiscal year
2011/2012.
The proposed adjustment to the due date for the payment of utility bills may have a "one -time"
approximate cash impact of $1,902,000, or $317,000 for each day the due date is extended, as the
City collects approximately $317,000 each business day. The City is expected to have sufficient
resources to provide for the projected economic impact of this change within its Enterprise Utility
funds.
At the July 13, 2011 City of Miami Beach Commission meeting, upon first reading, the Commission
unanimously voted to change the due date for utility bills to 21 days, from the current 15 days, from
the date of the bill. The Commission also referred a discussion item to the F &CWPC, additionally
amending the proposed Ordinance by changing the penalty percentage charged on late bills, from
10% to 5% of the current bill.
This referral discussion was scheduled to be heard at the August 17, 2011 meeting of the F &CWPC,
a meeting which was canceled and rescheduled as a result of a lack of a quorum. This item is now
scheduled to be heard at the September 26, 2011 F &CWPC meeting.
CONCLUSION AND RECOMMENDATION
The Administration recommends that the City Commission open and continue this item until it is
discussed at the next F &CWPC meeting and a recommendation is made.
JMG /PDW /mm 44
T\AGENDA\2011 \9 -14 -11 \UTB CH 110 Ordinance Memo 2nd Reading
16NE 1 THURSDAY, AUGUST 25; 2011 _ NE, •
• _ --- '`? y 'r . OF' MI MI ACH - - ` 4 . . I
Y - ICE PUBLIC , =- ,
HEREBY iv and-publiibeeeifrigs Will be field by.ihe -Mayor a of •
the Cilyvf Miami' Beach, -f»louda`_,4hi:the T% u it s1on�Otramkeis; 3idJeoi: �Cdy1ia11 'X1700.0onvention•-Ceuferbrwe, Miami
. Beach; Florfde,i Vedlieeday„Septemberl4;2Ohi ocorrsiet1dfielelleiiripg ` .,�;,, - ; "•'-::
r irdinances.Ntddifyltied'Th@ Bw�d 9 Fire ;Planning And Works - Depaftmenf,fees Related To The Building
_ _ -. evelopMent•Praiessgmplernented :U!Iebrua;iy 40,16 t - . .; �;=:. r '' ` ''r° '._ '
'':
1, ," °'Ordiiiiance ending Chopterr-;14 Of7he•City-Of :Miaof`r ciedno e,,RenamingArticles Divisions ;Amending
- •. , =,,. rf ttITY ingAElr Re. pectiveFees, Creating AProcess For Reevaluating Permit
- 'fees• Deleting echani44 -421 Through 14- 431 ,Arid 14466.Through 14-698 In _Their Entirety; And Amending
: Appendh A By Modifying Inspection fees For Building, Plumbing,- Electrical, And Mechanical Work,'And For Other
- •Buiiding.DepaRmentActivities ' •
- - 2. 6rdiriance Amending Chapter 50 Of The City Of Miami Beach Code, By Amending Section 50 -3 Thereof, Entitled
- - "Plans Examination, Inspection, Permits "; And Amending Appendix A, By Adding-New Fees And Modifying The Fee
' Schedule For The Fire Department Review Process.
' - - 3. Ordinance Amending Chapter 15 Of The City Of Miami Beach Code, Article II, Entitled °Zoning ReviewFeeAssoc,ated -
' With The Building Process ", By Amending 15-31 And Adding New Sections 15 -38 Through 15 -43, Thereof; And •
- ' - Amending Appendix A, Adding New Fees And Modifying The Fee Schedule For Zoning Review Associated With The •
. ', Building Process
4. Ordinance Amending•Chapter 98 Of The City Of Miami Beach Code, Article III, Division 2, Section 98 -92, Entitled
--#' "Application; Amount Of :Depbslt; Use Of Deposit To Replace Surface; Permit Fees," By Amending Subsection (E),
, - Add,n nbsectidns;(F),Through (h;-Amending Section 98 -94, Entitled "Refunds "; And Amending Appendix A By
. , ; - -, Adding Nevi Fea;MdModifyingl'he Fee.Schedulejor Public Works Review Associated With The Building Process.
•< ,lnquiriedmaybe directed to the ;City Manager's Office -(305) 673 -7010
' ` == ' Orditian Arne rig4hapte r°t1d -.C, Code,- Enfitled "Utilities," By Amending Article N, Entitled "Fees, Char es,
:- Rates And Blliiegtrededore ; >•:By:Amending:Divisron:" ;'Entitled ° Billing Procedure," By,Amending Section 110 -191,
- - Entitled "Paymeht Of ,Bille;' ByAmending` 111- 191(B)'ByChangin9The Due Datefor Witty pHs To 21 Days From 15 Days -
'`, From The Date Of The BiIL - - _
- _ - , Inquiries may be directed tathe Finance Department (305) -7466 = -- - -
1(13a.m
_ Ordinatiee'Of The -Mayor Anti Ciityy`Commission OtThe City -of MiamiBeach, Florida; Amending Chapter 46 Of The Miami City
' . CockittititledEnvimnn1ent; Amending ArdcietV "Norse" ByAmending Section 46 -151, Entitled °Detln its
ByAinendEilg me.Definitier of Habittual To. Conform To the Habitual, Qffender- Language Set Forth In Subsections 46- 159(a)
- _ M : (6) anQ, li)TBy S1 nding Sectidn46=152; •Entitled #tfoption Of County Code by Reference; Unnecessary And
.` - - , F�ieessii :,'Boise rshibItett;' g; opt Tare County's;Noe:Stangards-in Section 48- By Amending Section 46 -1.58,
- `Entitled�'=Eriforcerm'ent;By -Code inspectors; Notice of Violation, Warnings; Responsibility To Provide Current Address," To
Remove, Certain Language in Subsection (b)(2)That Is No Longer Relevent Due To The:Passage -0f lime; By Amending
Section 46 -159 Entitled "Fines and Penalties FOrViulation; Appeals; Alternative Means Of Enforcement" To Conform The
' .. . ;Habitual Offender Language In Subsection (h) To The Provision In Sections 46 -151 And 46- 158(a)(6).
. Inquiries may be directed to the City Manager's Office (305) 673 -7010
10:40 a.m.
. Ordinance Amending The Land Development_ Regulations Of The Code 1)f The City Of Miami Beach, By Amending
Chapter 130, "Off Street Parking ", Article 11, "District Requirements ", By Amending Section 130 -31, "Parking Districts
i :Established , To Expand The Boundaries Of The_Existing Parking•Districts; By Amending Section 130 -33, "Off- Street
Parking Requirements For Paring Districts Nos. 2, 3'And 4," ]'o Amend Regulations Pertaining To Parking Districts 2, 3,
- And 4;-And By Amending Article V, "Fee In Lieu Of Parking Program," Section 130 -132, "Fee Calculation ", Reducing The
' • Yearly Fee In Lieu Of Parking From The Current Three -Percent Of The One-lime Paymentio A Lesser Percentage.
inquiries may be directedto the.P.arking Department (305) 673 -7275
INTERESTED PARTIES are.invited to appear at this meeting or be represented by an agent or to express their views in
- -i ; •writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Driv'h, - 1" Floor, City Hall, Miami
- `Beach, Florida 33139. My of these items may be opened and continued and.under such circumstances additional Legal
e tcewould notce provided.
•
- - ' n ;`-- .; 3 Robert E. Percher, City Clerk
I ` a,> - yw. = = City of Miami Beach
r. .; 4 G +rv' y � _
yi - „-,,_ Pi ,,, . _,4Sedctior`r.$8:D 85, FL Statutes, the City hereby advises the public that •d a person decides to appeal any
1 , -- ,,, _ x n Mad_ e:aYt !ePty�C with respect to any matter considered at its meeting or its hearing, such person
j
w - - -mustensure thaf averbatm1 record-of the proceedings is made, which record includes the testimony and evidence upon
- � t _ wbict
ppeaiig . notice does not constitute consent by the City for the introduction or admission of
r >w - ottrt tTfle fvese 'a i►iedtnfsitible to bebased This n or irrelevant evidence, nor does it authorize challenges or appeals -not otherwise - allowed la*.
; - ,In ideircevuiHr lhe�Americans with Disabilities Act of 1990, persons needing spebial'a to participate
.hinds ProceaM;31 information on access for pens - with disabilities, orte this - publication in
= eicessibleffinhet, mit) tegtiedt sign language interpreters, shodttf contact the citreiterktoffice at (305) 673 -7411, no
itterthanfileithefs9ffiNtettle.Preeedin. Ifbeartrugimpahed, mmfacflheqY cuttafcevia theiloridaRelay Smite