2015-3969 Ordinance ORDINANCE NO. 2015-3969
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
90 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED
"PRIVATE WASTE CONTRACTORS," BY AMENDING
DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING
SECTION 90-225, ENTITLED "FAILURE TO PAY FRANCHISE
FEE," TO AMEND THE PENALTIES FOR FAILURE TO PAY
FRANCHISE FEES; AND BY AMENDING DIVISION 4,
ENTITLED "SPECIALTY CONTRACTORS," BY AMENDING
SECTION 90-278, ENTITLED "FEES AND REQUIREMENTS,"
TO AMEND THE PENALTIES FOR THE FAILURE TO PAY
PERMIT FEES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Miami Beach, Florida finds it in the
public interest to ensure that all areas within the City limits are adequately provided with
high-quality solid waste collection and disposal service; and
WHEREAS, the City Commission finds it in the public interest to strengthen its
regulatory authority, as permitted by law, over solid waste collection and disposal
because of the overriding public health, welfare, and ecological considerations
associated with the provisions of solid waste services; and
WHEREAS, the City Commission finds it in the public interest to ensure public
sanitation, to promote aesthetic considerations, and to protect the public investment in
right-of-way property; and
WHEREAS, the City Commission finds that charging penalties based on a
percentage of fees not paid for the failure to pay solid waste franchise and permit fees is
the best means of assuring that the above-described interests of the City are served.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Miami Beach Code Chapter 90, entitled "Solid Waste," Section 90-
225 and Section 90-278 are hereby amended as set forth below:
CHAPTER 90
SOLID WASTE
* * *
Article IV. Private Waste Contractors
* * *
Division 3. Franchise
* * *
Sec. 90-225. Failure to pay franchise fee; penalties.
If a franchise waste contractor fails to pay any franchise fee (as set forth in section 90-
221), when due and within the time provided, the contractor shall pay any and all of the
city's expenses for collection of same, including, without limitation, audit costs and
reasonable attorney fees and costs. If the contractor fails to pay the full franchise fee
on or before the last day of each month, '- - _ __ _ - : - - - . -- : . : .'.e - - - '- - . penalty fees for private waste collectors/contractors shall
be as follows:
11 Original delinquency. Any franchise waste contractor who fails to remit
any franchise fee imposed by this division within the time required shall
pay a penalty of ten percent of the amount of the delinquent fee in addition
to the amount of the delinquent fee.
21. Continued delinquency. Any franchise waste contractor who fails to remit
the franchise fee on or before the 30th day following the date on which the
fee first became delinquent shall pay a second delinquency penalty of ten
percent of the amount of the delinquent fee, in addition to the amount of
the fee, and the ten percent penalty imposed pursuant to section (1). An
additional penalty of ten percent of the amount of the delinquent fee shall
be paid for each additional 30-day period, or part thereof, during which the
franchise fee is delinquent, provided that the total penalty imposed by
subsection (1) and this subsection (2) shall not exceed 50 percent of the
amount of the franchise fee. This penalty shall be in addition to the
franchise fee and interest imposed by this division.
21 Interest. In addition to the penalties imposed in subsections (1) and (2) of
this section, any franchise waste contractor who fails to remit any
franchise fee imposed by this division shall pay interest at the highest
legal rate of interest permitted by law on the amount of the franchise fee,
exclusive of penalties, from the date on which the franchise fee first
became delinquent until paid.
Penalties merged with franchise fee. Every penalty imposed and all
interest accrued under the provisions of this section shall become a part of
the franchise fee required to be paid.
* * *
Division 4. Specialty Contractors
* * *
Subdivision II. Rolloff/Portable Waste Container Contractors
* * *
Sec. 90-278. Fees and requirements; penalties for non-payment.
The permit fees and requirements for rolloff container and grapple service contractors
shall be as follows:
* * *
(6) Failure to pay permit fee; penalties for late payment. If the contractor fails to timely
pay the full permit fee as set forth in subsections (1) and (2) of this section, the
contractor shall pay any and all of the city's expenses for collection of such fees,
including, but not limited to, court costs, audit costs and reasonable attorney fees. If the
contractor fails to pay the full permit fee on or before the last day of each month, -a-late
the amount due at the highest lawful rate of interest per annum. penalty fees for
specialty contractors shall be as follows:
al Original delinquency. Any specialty contractor who fails to remit any
permit fee imposed by this division within the time required shall pay a
penalty of ten percent of the amount of the delinquent fee in addition to the
amount of the fee.
Continued delinquency. Any specialty contractor who fails to remit the
permit fee on or before the 30th day following the date on which the fee
first became delinquent shall pay a second delinquency penalty of ten
percent of the amount of the fee in addition to the amount of the fee and
the ten percent penalty imposed pursuant to subsection (1). An additional
penalty of ten percent of the amount of the delinquent fee shall be paid for
each additional 30-dav period, or part thereof, during which the permit fee
is delinquent, provided that the total penalty imposed by subsection (a)
and this subsection (b) shall not exceed 50 percent of the amount of the
permit fee. This penalty shall be in addition to the permit fee and interest
imposed by this division.
c Interest. In addition to the penalties imposed in subsections (a) and (b),
any specialty contractor who fails to remit any permit fee imposed by this
division shall pay interest at the highest legal rate of interest permitted by
law on the amount of fee, exclusive of penalties, from the date on which
the permit fee first became delinquent until paid.
Penalties merged with permit fee. Every penalty imposed and all interest
accrued under the provisions of this section shall become a part of the
permit fee required to be paid.
SECTION 2. SEVERABILITY
If in any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no, way
affect the validity of the remaining portion of the Ordinance.
SECTION 3. REPEALER
All ordinances or parts in conflict herewith be the same are hereby repealed.
SECTION 4. 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 re-lettered to accomplish such intention, and, the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this N day of OCivbe r , 201
r
ATTEST. �Q'• o
Phil! L-L-,- - ayor
" ' INCORP ORATED: .
1W
Rafael . anado, C y Jerk cry = f
�' ///
' APPROVED AS TO
Underscore denotes new languag 26.04- FORM & LANGUAGE
''�... ,,.�\ '
denotes deleted languag- &FOR EX CUTION
(Sponsored by Commissioner Deede Weithorn)
41110 g; ~
City Attorney _ Dote
T:\AGENDA\2015\September\OBPI\Solid Waste Penalty Changes-First Reading ORD.docx
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to increase penalties to private waste and
specialty contractors for not paying franchise and permit fees due to the City based on a percentage
of fees not paid.
Key Intended Outcome Supported:
Ensure Expenditure Trends Are Sustainable Over The Long Term.
Supporting Data (Surveys, Environmental Scan, etc.) N/A
Item Summary/Recommendation:
SECOND READING-PUBLIC HEARING
In two recent audits performed, the private waste contractors collected revenues and franchise fees
for rolloff services in the City and failed to report these revenues and remit applicable franchise and
permit fees to the City. The changes recommended for this ordinance primarily provide for eliminating
the current flat late fee and establishing a penalty based upon a percentage of fees not remitted. An
approach similar to penalties established for the City's resort tax collection is recommended.
Penalties for resort taxes not remitted are currently at 10% for those taxes due within 30 days after the
due date with additional penalties of 10% being charged for each subsequent 30 day period
afterwards with a cap of 50% penalty of the total amount of the fees. This change should encourage
compliance to the City Code by these contractors.
On September 2, 2015, the City Commission accepted the recommendation of the Audit Committee
via separate motion and approved the Ordinance at First Reading and scheduled a Second Reading
Public Hearing for October 14, 2015.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On April 28, 2015 the Audit Committee recommended increasing the penalty to private waste
contractors for not reporting franchise and permit fees to the City.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
James Sutter
Sign-Offs:
1`ep- ment D ,ector Assistant City Manager \, ity Manager
07iffigMll MIRIMMIIII
TAGENDA\2015\October\Solid Waste Franchise Fees Penalties-Second SU ' x
AGEN®A ITEM RS-13
MIAMI BEACHDATE
l
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
C•MMISSIO!� MEMORANDUM
TO: Mayor Philip Levine and Members of e City Comm r.sion
FROM Jimmy L. Morales, City Manager ,1 -.
_
DATE: October 14, 2015 COND " DING — PUBLIC HEARING
SUBJECT: AMENDING PENALTIES FOR FRA
CHISE AND PERMIT FEES NOT PAID
TO THE CITY BY PRIVATE WASTE ND SPECIALTY CONTRACTORS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE IV,
_ENTITLED "PRIVATE WASTE COLLECTORS/CONTRACTORS," BY AMENDING
DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING SECTION 90-225, ENTITLED
"FAILURE TO PAY FRANCHISE FEE" TO PROVIDE PENALTIES FOR FAILURE TO
PAY FRANCHISE FEES; AND BY AMENDING DIVISION 4, ENTITLED "SPECIALTY
CONTRACTORS," BY AMENDING SECTION 90-278, ENTITLED "FEES AND
REQUIREMENTS" TO AMEND THE PENALITIES FOR THE FAILURE TO PAY
PERMIT FEES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND •
The City's Internal Audit Division audits private waste contractors to verify whether
required franchise fees and other rolloff permit fees for solid waste picked up within the
City's limits are being reported to the City. Waste contractors charge their customers an
18% City franchise fee on revenues earned with the City limits. These franchise fees
are to be remitted monthly to the City. At present, the penalties for not paying the
franchise fees are based upon a flat fee of $50 for each late return or return not filed.
Interest is also charged on any franchise or permit fees due to the City.
In two recent audits performed within the current fiscal year, the specialty (rolloff)
contractors collected revenues and franchise fees for rolloff services in the City and
failed to report these revenues and remit applicable franchise fees to the City. Other
than standard interest allowed by the City Code, a flat fee of$50 is assessed for any'late
returns or on revenues not reported. For these two audits, late fees amounted to $1,700
and-$400 on assessed franchise fees not reported in the amount of $58,462 and $1,791
respectively.
Commission Memorandum
Amending Penalties for Franchise and Permit Fees Not Paid
October 14, 2015 Page 2 of 2
ANALYSIS
These contractors did not comply with certain reporting provision sections in the City
Code during the audit period. They collected revenues and franchise fees for services
rendered within the City of Miami Beach and failed to file.
The changes recommended for this ordinance primarily provide for eliminating the
current flat late fee and establishing a penalty based upon a percentage of fees not
remitted. An approach similar to penalties established for the City's resort tax collection
is recommended. Penalties for resort taxes not remitted are currently at 10% for those
due within 30 days after the due date with additional penalties of 10% being charged for
each subsequent 30 day period afterwards with a cap of 50% penalty of the total amount
of the fees. This change should encourage compliance to the City Code by these
contractors.
AUDIT COMMITTEE REVIEW
At the April 28, 2015 Audit Committee meeting, the committee recommended proposing
a change to the City ordinance to allow for a higher penalty which is based on a
percentage of fees not remitted rather than a flat non-filing fee. This change would be
similar to how penalties are currently calculated on businesses not remitting resort taxes
and would encourage timelier compliance. Commissioner Weithorn is sponsoring these
changes.
SUMMARY
On September 2, 2015, the City Commission accepted the recommendation of the Audit
Committee via separate motion and approved the subject Ordinance at First Reading
and scheduled a Second Reading Public Hearing for October 14, 2015.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
T:WGENDA\2015\October\Solid Waste Franchise Fees Penalties-Second Reading MEM.docx
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