2015-28923 Reso RESOLUTION NO. 2015-28923
A RESOLUTION AUTHORIZING A POLICY DIRECTION
TOWARDS COLLECTING DELINQUENT ACCOUNT PAYMENTS
UNDER THE FEE IN LIEU OF PARKING PROGRAM, UNDER
SECTION 130-131, OF THE CITY CODE; TO PROVIDE THE
PLANNING DIRECTOR, CITY MANAGER AND CITY ATTORNEY
THE AUTHORITY TO NEGOTIATE AND EXECUTE PAYMENT
PLANS FOR DELINQUENT ACCOUNTS UNDER THE
FOLLOWING CONDITIONS: (1) THE DELINQUENT ACCOUNT
HOLDER MUST PAY THE CURRENT FISCAL YEAR FEE PRIOR
TO ENTERING INTO A PAYMENT PLAN FOR DELINQUENT
FEES; (2) THE DELINQUENT ACCOUNT HOLDER MUST
REPAY THE ENTIRE AMOUNT DUE TO THE CITY,
REGARDLESS OF THE YEAR THE DELINQUENCY
OCCURRED; (3) THE DELINQUENT ACCOUNT MUST HAVE AN
ACTIVE AND CORRECT BUSINESS TAX RECEIPT (BTR); (4)
NO PAYMENT PLAN MAY EXCEED 36 MONTHS IN LENGTH;
(5) FAILURE TO COMPLY WITH THE PLAN SHALL RESULT IN
A REVOCATION OF THE BUSINESS TAX RECEIPT (BTR),
AND/OR REVOCATION OF THE CERTIFICATE OF
OCCUPANCY/CERTIFICATE OF USE (CO/CU) FOR THE
DELINQUENT ACCOUNT; (6) THE TOTAL OUTSTANDING
•
BALANCE SHALL BECOME DUE AND PAYABLE IF PAYMENT
UNDER THE PLAN IS NOT RECEIVED BY THE 10TH OF THE
APPLICABLE MONTH; (7) AUTHORIZE THE CITY MANAGER
TO TAKE SUCH ACTION TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS TO COORDINATE THE
EXECUTION OF PAYMENT PLANS; AND (8) HAVING STAFF
PREPARE A FORM NOTICE LETTER TO BE ISSUED TO
DELINQUENT ACCOUNTS AND PLACED ON THE MARCH 11,
2015 CITY COMMISSION CONSENT AGENDA FOR REVIEW BY
THE CITY COMMISSION.
WHEREAS, at the beginning of 2014, the Planning Department initiated
an on-going internal review of all Planning processes and procedures
commencing with the Fee in Lieu Parking program; and
WHEREAS, the review included a pool of approximately 180 Fee in Lieu
of Parking accounts managed by the department; and
WHEREAS, during the review of the selected accounts staff observed
irregularities ranging from minor to material deficiencies in the management of
the program which were outlined in the report submitted to City Commission on
September 17th, 2014; and
WHEREAS, based upon that report, the City Commission directed the
following measures be taken: Partial invoicing occurred in 2010, these accounts
should be re-billed, for those accounts that have not paid; and continue to invoice
all accounts for 2011- to the present; to bring back to the Commission finalize
settlements for the release of funds held in escrow; continue to collect any fees
included in "Agreements" based on the terms contained therein; and file suit on
those accounts that refuse to pay, after invoicing; and
WHEREAS, the Planning Department, in its collection efforts has met with
many of the principals and representatives of entities participating in the Fee In
Lieu of Parking program who have inquired about payment plans that would
allow account to become current over time; and
WHEREAS, the Planning Department would like to expand its collection
efforts to consider full payment of outstanding balances through payment plans
under the following conditions:
(1) The current fiscal year fee must be paid by prior to entering into
payment plan for delinquent fees. If invoices are not timely paid the City will take
legal action.
(2) The delinquent account holder must repay the entire amount due to
the City, regardless of the year the delinquency occurred.
(3) The delinquent account holder must have an active and correct
Business Tax Receipt (BTR).
(4) No payment plan may exceed 36 months in length.
(5) Failure to comply with the payment plan shall result in a revocation of
the account holder's BTR, and a revocation of the Certificate of Occupancy
and/or Certificate of Use (CO/CU).
(6) City shall require immediate payment of the total outstanding balance
if payment under the payment plan is not received by the 10th of the month.
(7) Authorize the City Manager to take such action and execute any
and all necessary documents to coordinate the execution of payment plans.
(8) For older invoices, after notification is made and a payment plan
negotiated, if no payment is received, then the City should follow suit.
(9) Staff shall be provided the flexibility relating to those past due
invoices that are not timely paid to allow for a payment plan consistent with the
provisions above, but to also charge late fees.
(10) Bring draft letter to the City Commission, which form letter shall be
p laced on the March 11, 2015 Consent Agenda, which form letter to outstanding
fee in lieu of parking accounts shall reflect the above conditions.
and
WHEREAS, the Administration recommends that the City Commission
authorizes the Department to implement payment plans to recapture unpaid Fee
In Lieu Of Parking accounts, under the above guidelines.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission authorize a policy direction towards collecting
delinquent account payments for the Fee In Lieu of Parking Program, under
Section 130-131, of the City Code; to provide the Planning Director, City
Manager and City Attorney the authority to negotiate and execute payment plans
for delinquent account holders under the following conditions: (1) the delinquent
account holder must pay the current fiscal year fee prior to entering into a
payment plan for delinquent fees; (2) the delinquent account holder must repay
the entire amount due to the City, regardless of the year the delinquency
occurred; (3) the delinquent account holder must have an active and correct
Business Tax Receipt (BTR); (4) no payment plan may exceed 36 months in
length; (5) failure to comply with the plan shall result in a revocation of the
Business Tax Receipt (BTR), and/or revocation of the Certificate of
Occupancy/Certificate of Use (CO/CU) for the delinquent account holder; (6) the
total outstanding balance shall become due and payable if payment under the
plan is not received by the 10th of the applicable month; (7) authorize the City
Manager to take such action to execute any and all necessary documents to
coordinate the execution of payment plans; and (8) having staff prepare a form
notice letter to be issued to delinquent accounts and placed on the March 11,
2015 City Commission consent agenda for review by the City Commission.
PASSED and ADOPTED this 1/ day of Thbrwery , 2015.
ATTEST:
Philip Le/in-, aja or
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COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AUTHORIZING A POLICY DIRECTION TOWARDS COLLECTING DELINQUENT ACCOUNT
PAYMENTS UNDER THE FEE IN LIEU OF PARKING PROGRAM.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan,etc.):
Issue:
IParking Fee In Lieu Program Collection
Item Summary/Recommendation:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AUTHORIZING A POLICY DIRECTION TOWARDS COLLECTING DELINQUENT ACCOUNT
PAYMENTS UNDER THE FEE IN LIEU OF PARKING PROGRAM,UNDER SECTION 130-131,OF THE
CITY CODE;TO PROVIDE THE PLANNING DIRECTOR,CITY MANAGER AND CITY ATTORNEY THE
AUTHORITY TO NEGOTIATE AND EXECUTE PAYMENT PLANS FOR DELINQUENT ACCOUNTS
UNDER THE FOLLOWING CONDITIONS: (1) THE DELINQUENT ACCOUNT HOLDER MUST PAY
THE CURRENT FISCAL YEAR FEE PRIOR TO ENTERING INTO A PAYMENT PLAN FOR
DELINQUENT FEES; (2) THE DELINQUENT ACCOUNT HOLDER MUST REPAY THE ENTIRE
AMOUNT DUE TO THE CITY, REGARDLESS OF THE YEAR THE DELINQUENCY OCCURRED; (3)
THE DELINQUENT ACCOUNT MUST HAVE AN ACTIVE AND CORRECT BUSINESS TAX RECEIPT
(BTR); (4) NO PAYMENT PLAN MAY EXCEED 36 MONTHS IN LENGTH; (5)FAILURE TO COMPLY
WITH THE PLAN SHALL RESULT IN A REVOCATION OF THE BUSINESS TAX RECEIPT (BTR),
AND/OR REVOCATION OF THE CERTIFICATE OF OCCUPANCY/CERTIFICATE OF USE (CO/CU)
FOR THE DELINQUENT ACCOUNT; (6)THE TOTAL OUTSTANDING BALANCE SHALL BECOME
DUE AND PAYABLE IF PAYMENT UNDER THE PLAN IS NOT RECEIVED BY THE 10TH OF THE
APPLICABLE MONTH; AND (7) AUTHORIZE THE CITY MANAGER TO TAKE SUCH ACTION TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COORDINATE THE EXECUTION OF
PAYMENT PLANS
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director istant City Manager City Manager
‘010 /9'
T:WGENDA\2015\February\Fee in Lieu of • Del quinc ummary..'c
A DA ITEM R7 E
MAMIBEACH DATE 2-/,-,
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of he City 1 Co mission
FROM: Jimmy L. Morales, City Manager
DATE: February 11, 2015
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, A THORIZING A POLICY DIRECTION
TOWARDS COLLECTING DELINQUENT ACCOUNT PAYMENTS UNDER THE
FEE IN LIEU OF PARKING PROGRAM, UNDER SECTION 130-131,OF THE CITY
CODE; TO PROVIDE THE PLANNING DIRECTOR, CITY MANAGER AND CITY
ATTORNEY THE AUTHORITY TO NEGOTIATE AND EXECUTE PAYMENT
PLANS FOR DELINQUENT ACCOUNTS UNDER THE FOLLOWING
CONDITIONS: (1) THE DELINQUENT ACCOUNT HOLDER MUST PAY THE
CURRENT FISCAL YEAR FEE PRIOR TO ENTERING INTO A PAYMENT PLAN
FOR DELINQUENT FEES; (2) THE DELINQUENT ACCOUNT HOLDER MUST
REPAY THE ENTIRE AMOUNT DUE TO THE CITY, REGARDLESS OF THE
YEAR THE DELINQUENCY OCCURRED; (3) THE DELINQUENT ACCOUNT
MUST HAVE AN ACTIVE AND CORRECT BUSINESS TAX RECEIPT (BTR); (4)
NO PAYMENT PLAN MAY EXCEED 36 MONTHS IN LENGTH; (5) FAILURE TO
COMPLY WITH THE PLAN SHALL RESULT IN A REVOCATION OF THE
BUSINESS TAX RECEIPT(BTR),AND/OR REVOCATION OF THE CERTIFICATE
OF OCCUPANCY/CERTIFICATE OF USE (CO/CU) FOR THE DELINQUENT
ACCOUNT; (6) THE TOTAL OUTSTANDING BALANCE SHALL BECOME DUE
AND PAYABLE IF PAYMENT UNDER THE PLAN IS NOT RECEIVED BY THE
10TH OF THE APPLICABLE MONTH; AND (7) AUTHORIZE THE CITY
MANAGER TO TAKE SUCH ACTION TO EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COORDINATE THE EXECUTION OF PAYMENT PLANS
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
ANALYSIS
In an effort to collect delinquent fees from the Parking Fee in Lieu of Program (the
"Program"), the Administration has met with several property owners owing such fees.
Consistently, there has been a demand for a payment plan to pay the sometime large fees.
In order to expedite the collection of these fees, the Administration is recommending the
adoption of the attached Resolution authorizing payment plans under strict and non-
negotiable conditions. If a property owner wishes to amend any of the conditions in the
Resolution, that owner would have to seek City Commission approval of that settlement
offer. However, if the property owner agrees to the conditions, this Resolution would
authorize the City Manager to execute the settlement offer without any further Commission
action required. The conditions for these proposed payment plan settlements are as follows:
(1) The current fiscal year fee must be paid by prior to entering into payment plan for
delinquent fees.
(2) The delinquent account must repay the entire amount due to the City, regardless of year
delinquency occurred.
(3) The delinquent account must have an active and correct Business Tax Receipt(BTR).
(4) No payment plan may exceed 36 months in length.
(5) Failure to comply with the payment plan shall result in a revocation of the account's
BTR, revocation of CO/CU.
(6) Demand for immediate payment of the total outstanding balance becomes due and
payable if payment is not received by the 10th of the month.
(7) Authorizing the City Manager to take such action and execute any and all necessary
documents to coordinate the execution of payment plans.
CONCLUSION
The Administration recommends that the City Commission approve the attached Resolution.
JL igt
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