Interlocal Agreement between Miami-Dade County and the City of Miami Beach Zoz.c:s31330
INTERLOCAL AGREEMENT
This Interlocal Agreement is entered into this 2 'day of SEPT 2020
by and between Miami-Dade County, a political subdivision of the State of Florida
(hereinafter referred to as the "County"), and City of Miami Beach, a municipality
within Miami-Dade County, Florida (hereinafter referred to as the "City");
WITNESSETH
WHEREAS, by Ordinance Number 94-38, Miami-Dade County extended to all
municipalities within Miami-Dade County recourse to the civil violation enforcement
process contained within Section 8CC of the Code of Miami-Dade County, Florida; and
WHEREAS, that ordinance requires as a condition precedent to allowing such
access that the City and the County enter into a mutually satisfactory interlocal
agreement outlining, among other things, their relative rights and responsibilities in
connection with such enforcement and related hearing process; and
WHEREAS, the City and the County wish to participate in this process subject to
the terms and conditions of this Interlocal Agreement more particularly set forth below;
NOW THEREFORE the parties hereto agree as follows:
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CITY AND COUNTY RESPONSIBILITIES
1. The City shall enforce the applicable provisions of the Code of Miami-Dade
County set forth in Exhibit A by operation of this Interlocal Agreement.
2. Attached hereto as Exhibit B is a true and correct list of all individuals authorized
to perform the enforcement functions contemplated by this Agreement (hereinafter
referred to as the "Police Officer"). The title and job description for each such individual
is also set forth in Exhibit B. The City shall be responsible for maintaining Exhibit B
current at all times by communicating to the County any and all updates, additions and
subtractions from each list. The City represents and warrants to the County that the
individuals described in Exhibit B are, where required, properly licensed and qualified to
perform the enforcement services contemplated hereunder, and that they are to perform
these services.
The County reserves the right to set minimum education, training, and
background check requirements to be met by Police Officer.
3 The City, through its Police Officers, shall be authorized and required to perform
within the City any and all functions of the Police Officer set forth in Section 8CC of the
Code of Miami-Dade County, a copy of which is attached hereto as Exhibit C and
incorporated herein by this reference, as the same may be amended from time to time,
including but not limited to issuing civil violation notices, serving, posting and otherwise
notifying the alleged violator, and appearing and testifying at any and all administrative
and other hearings related to an appeal of the violation.
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4. The City shall maintain any and all records of violation and notice, and all
required documentation required to uphold the findings of the Police Officer, including
but not limited to reports, photographs, and other substantial competent evidence to be
utilized at any administrative or other hearing challenging the actions of the Police
Officers. Such records and other documentation shall be compiled and maintained so
that such records may be quickly referred to in connection with any such hearing.
5. The City shall provide such clerical and administrative personnel as may be
required for the performance of any of the functions of the City as set forth in this
Interlocal Agreement.
6. The City shall defend its own citations in any and all administrative hearings
relating to those citations, and in any and all actions in court relating to such citations,
including all appeals of administrative hearings, and shall provide its own counsel, at
City's cost, to represent the City in all proceedings. The City shall be responsible for
paying for any and all costs of transcription which it incurs, in connection with any and
all such hearings.
7. The County shall provide hearing officers, hearing rooms, and such other clerical
and administrative personnel as may be reasonably required by each hearing officer for
the proper performance of his or her duties.
8. Attached hereto as Exhibit D is Administrative Order 2-5 of Metropolitan Dade
County (the "Order"). The City agrees to be bound to the full extent as required of a
Department in the Order, except it shall only be authorized to enforce those provisions
of the Code set forth in Section 1 of this Interlocal Agreement. The reference to the
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County Attorney contained in Section 6 of the Department's Responsibilities shall be
understood to refer to the City Attorney for purposes of this Interlocal Agreement.
9. After deduction of actual administrative costs and expenses, as defined in the
Order, the County Clerk, with the concurrence of the Miami-Dade County Office of
Management and Budget, shall annually return to the City, the remainders of retained
original fines, in the same fashion as these fines are returned to a non-general fund
issuing department of the County.
10. The County shall be entitled to audit any and all records of the City maintained in
connection with this Interlocal Agreement.
11. Either party may terminate this Agreement in the event that the other party
commits a material breach.
12 This Interlocal Agreement shall be in effect for a period of one year following its
date of execution and shall be automatically renewed for two successive periods of one
year each, unless 60 days prior to its term, or extended term, either party signifies to the
other its intent not to renew this agreement. This agreement shall not be extended
beyond the term of three years.
13. Subject to the limitations contained in Section 768.28 of the Florida Statutes, the
City shall indemnify and save the County harmless from and against any and all liability,
actions and causes of action relating to the municipality's enforcement of the provisions
of Chapter 8CC.
14. This agreement may only be amended in writing, through a document executed
by duly authorized representatives of the signatories to this agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in their names by their duly authorized officers and the corporate seals the
day and year first above written.
APPROVED AS TO FORM MIAMI-DADE COUNTY, a
AND LEGAL SUFFICIENCY political subdivision of the
State of Florida
By:
Assistant County Attorney Carlos A. Gimenez
County Mayor
ATTEST:
Harvey Ruvin, Clerk
By:
As Deputy Clerk
City of iami :-ach, a political
isubdiv .ion of r e State of Florida
k.
BY: vigil. t`lIlliw
I Jim .y Morales
City Manager
PRO ' • • TO FORM
AND A : FFICIENCY: ATTEST:
Raul J. Aguila iv\,,` afael E. Granado
City Attorney � City Clerk
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Exhibit A
Chapter 4, Pertaining to Ambulances and Non-
Emergency Vehicles.
Chapter 31, Article I though VI, Pertaining to
Taxicabs, Limousines, Passenger Motor Carriers,
Chauffeurs, and Special Transportation Service.
Section 30-371 to 372 pertaining to Private School
Buses.
These provisions are available at:
www.municode.com
Copies to be provided with final document.
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}EXHIBIT B
I. Names and job titles of all employees of municipality authorized to perform the
applicable enforcement functions:
Name of employee authorized to perform Job Title of municipal employee
applicable enforcement functions
"Joe Smith" Police Officer
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Exhibit C
Miami-Dade County, Florida, Code of Ordinances
PART HI, CODE OF ORDINANCES
CHAPTER 8CC -- CODE ENFORCEMENT
Copies to be provided with final document.
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Approved Mayor Agenda Item No. 6 (C) (1) (�)
12-15-98
Veto
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Override
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RESOLUTION NO R-1
RESOLUTION AUTHORIZING COUNTY MANAGER TO EXECUTE
LNTERLOCAL AGREEMENTS WITH MUNICIPALITIES FOR
ENFORCEMENT OF PENAL 1.1±S CONTAINED IN-CHAPTER 8CC
OF THE CODE OF MIAMI-DADE COUNTY RELATING TO FOR-HIRE
TRANSPORTATION REGULATIONS; AND TO EXE R.CISE
CANCFI LATION AND RENEWAL PROVISIONS
WHEREAS,this Board desires to accomplish the purpose outlined in the accompanying
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memorandum,a copy of width is incorporated herein by reference,
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY •
- COMMISSIONERS OF MIAMI-IDADE COUNTY,FLORIDA, that this Board authorizes the
County Manager to execute on behalf of Miami-Dade County interlocal agreements with all
municipalities in Miami-Dade County,in substantially the form attached to this resolution,that
• authorize municipalities to enforce the penalties contained in Chapter 8CC of the Code of
Miami-Dade County relating to enforcement of for-hire transportation regulations contained in
Chapter 4,Article III,Section 30-371 -3722 and Chapter 31; and authorizes the County
Manager to exercise cancellation and renewal provisions contained therein_ •
The foregoing resolution was sponsored by Commissioner Item Rehmeio , who moved
its adoption_ The motion was seconded by Commissioner ru ly L_ Niciles and upon being put to
a vote,the vote was as follows:
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STATE OF FLORIDA )
) SS:
COUNTY OF DADE
I, HARVEY Ru'IN, Clerk of the Circuit Court in and for Dade County,
Florida, and Ex-Officio Clerk of the Board of County Cumnissioners of said
County, 1Z) ilEREBT CERTIFY that the above and foregoing is a true and correct
may of Res01 ut i on R-].4l$-95 , adopted by the said board
of County CX irm i ss i oners at its rreet i ng held on I$eirEer 15, 1993
IN WITNESS *EJ BTF, I have hereunto set my hand and official seal on
this list day of , A.D. 19 $ _
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HARVEY.RININ, C1erk
-„rm
;a _ it; Bard of County Cum' i overs
) Dade County, F 1 or i
Clem
•
SEAL
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Board of County Cannissioners
Dade County, Florida
CLxICT 597 3/43
Administrative Order •
MIAM1•DADE
Administrative Order No.:2-5
Title:Code Enforcement
Ordered:7/25/2000 Effective:8/4/2000
AUTHORITY:
Section 4.02 of the Miami-Dade County Home Rule Amendment and Charter, and
Chapter 8CC, Code of Miami-Dade County.
SUPERSEDES:
This Administrative Order supersedes Administrative Order 2-5 ordered May 25,
1999, and effective June 4, 1999.
POLICY:
It shall be the policy of Miami-Dade County to foster compliance with the ordinances
passed by the Board of County Commissioners, as embodied in the Code of Miami-
Dade County (hereinafter referred to as the "Code") by encouraging its Code
Inspectors to utilize available enforcement mechanisms, including the issuance of
Uniform Civil Violation Notices ("CVNs"), to attain this goal. It shall also be the policy
of Miami-Dade County to recover enforcement fines levied, administrative hearing
and enforcement costs incurred by the departments involved in code enforcement
activities, and accrued interest by utilizing administrative settlement and lien
procedures.
ENFORCEMENT PROCEDURE FOR MUNICIPALITIES:
Municipalities within Miami-Dade County shall be entitled to utilize the applicable
provisions of Chapter 8CC within their municipal boundaries by entering into an
interlocal agreement with Miami-Dade County which shall contain, at a minimum, the
following:
1. The section or sections of the Code as listed in Section 8CC-10, which the
municipality wishes to enforce through this chapter.
2. The job title of the agents or employees of the municipality authorized to perform
the enforcement functions and the number of agents or employees so authorized.
3. The amount reimbursable to Miami-Dade County for administrative costs relating
to the conduct of hearings on appeals from CVNs issued by the municipality,
including, but not limited to, attorney's fees and costs, costs of transcription and
clerical costs.
4. The amount of revenue reimbursable to the municipality from any fine collected
pursuant to the issuance of a CVN.
5. An agreement to indemnify and save the County harmless from and against any
and all liability, actions and cause of action relating to the municipality's utilization
of the provisions of Chapter 8CC and the Code of Miami-Dade County, if
applicable. •
6. A term not to exceed three years.
The County reserves the right to set minimum education, training and background
check requirements to be met by municipal employees or agents enforcing the
Code. Furthermore, the County shall provide oversight and auditing authority in
order to withdraw delegation if it is determined that the municipality is improperly •
enforcing the code.
Any appeals to the Circuit Court or beyond from CVNs issued by a municipality shall
be handled by that municipality and its legal staff.
HEARING OFFICERS: •
Passage of Ordinance No. 85-33 created and established a code enforcement
position to be filled by Hearing Officers. The County Manager, or his designee, shall
prepare and submit for ratification to the Clerk of the Board of County Commissioners
a list of qualified candidates nominated for appointment as Hearing Officers pursuant
to the provisions of Section 8CC-2 of the Code. Compensation for Hearing Officers
shall be $ 50.00 per hour up to a maximum of$400.00 per day.
DEPARTMENTS' RESPONSIBILITIES:
Code Enforcement department directors, or their designees, shall be responsible for
the following:
1. Prior to being provided the authority to initiate enforcement proceedings under
Section 8CC-3(a) of the Code, a Code Inspector shall be required to successfully
complete a 'Triple I" criminal background check, which shall be conducted by the
Miami-Dade Police Department at the request of Code Enforcement
departments. This background investigation, which consists of a complete
computer search of nationwide law enforcement databases, shall include a
review of Federal, State and local criminal activity. In addition, driving records
shall be reviewed as a part of the initial criminal background check and
subsequently on an annual basis. Existing Code Inspectors shall be subject to
annual driving record checks and shall be provided with notification of this
requirement prior to implementation of this Administrative Order. The "Triple I"
background check requirements shall be included in all Code Inspector job
announcements. Municipal employees shall also be required to successfully
complete a `Triple Ir background investigation prior to being provided authority
to initiate enforcement proceedings under Chapter 8CC of the Code.
2. Code Inspectors shall enforce the ordinances listed in Section 8CC-10 of the
Code within the jurisdiction of their respective departments.
3. Upon issuance of a CVN to a violator, a completed copy of the CVN must be sent
to Code Enforcement;County Clerk Division.
4. All original civil penalty payments, continuing civil penalty payments and
administrative hearing costs imposed pursuant to the provisions of Chapter 8CC
shall be remitted directly to Code Enforcement, County Clerk Division, with a
check made payable to the Clerk of the Circuit and County Courts unless the
case is the subject of a settlement agreement.
5. For any CVN issued in which a date of correction has been given, or for any
case in which a Hearing Officer has set a date of correction (see Sec. 8CC-4(f)
of the Code), a Code Inspector must prepare an Affidavit of Compliance or Non-
Compliance as appropriate and send a copy to Code Enforcement, County Clerk
Division. The Affidavit must indicate whether the violation has been corrected by
the date of correction set forth in the CVN or by the Hearing Officer; and, if it has
not, the Affidavit must so reflect and must set forth a request that the Hearing
Officer issue an Order finding the violator guilty of a continuing violation, if
applicable, imposing continuing violation penalties to be effective beginning on
the original date of correction and ending at a specified date, and setting forth the
total amount of penalties and costs to be paid by the violator.
6. Departments shall be authorized to sign agreements settling civil penalties and
liens for amounts less than the maximum continuing penalty, costs and accrued •
interest. Such agreements shall contain the justification for settlement; the CVN
number; the original penalty amount; the settlement amount; the amount
collected (indicating full payment or partial payment); and, the signature of the
department director, or designee, with notification to Code Enforcement, County
Clerk Division. If any penalties have been made the subject of court actions,
settlements must also include an approval from the County Attorney's Office, as
applicable. Unless otherwise specifically provided in the Code, the department
will require the violator to remit the original amount of the ticket and any
administrative hearing costs imposed by the Hearing Officer to Code
Enforcement. County Clerk Division and will collect the remainder of the
settlement amount directly. The departments shall provide to Code Enforcement,
County Clerk Division a written settlement form which includes the following
information: CVN number, settlement amount, amount received, date received,
and record of collection number. if the settlement is based upon installment
payments, the department shall provide the foregoing information for each •
payment until satisfaction of the agreement.
7. Whenever a violator has corrected a violation but failed to pay the civil penalty, or
has failed to correct the violation and pay the civil penalty, or has paid the civil
penalty but failed to correct the violation, the departments shall notify the violator
of Miami-Dade County's intent to file a lien against the violator's real or personal
property. The Notice of Intent to Lien shall offer the violator an opportunity within
a specified time period to avoid placement of the lien by executing a settlement
agreement which provides for correction of the violation, payment of the original
amount of the CVN, payment of continuing penalties—payment-of-administrative
hearing costs where applicable, payment of all enforcement costs incurred by the
department and accrued interest. A copy of the Notice of Intent to Lien shall be
sent to mortgage holders and may be sent to insurance carriers, credit bureaus
and any other parties holding a legal, equitable or beneficial interest in the
property.
8. A lien shall be placed on a violator's real or personal property except as provided
for herein, if the violator does not respond within the prescribed time period to the
Notice of Intent to Lien by correcting the violations and paying aft penalties, costs
and interest due or executing a settlement agreement and complying with said
agreement. The lien document shall make specific reference to the civil violation
notice number and the issuing department. The lien shall be recorded in the
public records of Miami-Dade County and Code Enforcement, County Clerk
Division, shall be notified of same.
9. Departments may offer a payment plan in negotiating settlements prior to or
after placement of liens upon written request of the violator and establishment of
economic need. In order to insure the department's ability to collect all civil
penalties, administrative hearing and enforcement costs and interest due,
departments are required to file a lien where possible whenever the violator
enters into a payment plan in response to a Notice of Intent to Lien.
10. Upon placement of a lien against real or personal properties, the
individual or business entity holding a mortgage on the property and credit
bureaus shall be notified of the lien placement by the department. The
department may notify insurance carriers and other parties holding a legal,
equitable or beneficial interest in the property of the placement of the lien.
11. The department may initiate collection proceedings including, but not limited to,
referral to collection agencies and filing of civil suits as warranted in an effort to
recover monies owed Miami-Dade County resulting from the issuance of CVNs.
12. For any lien placed against real property pursuant to Chapter BCC or other
provisions of the Code which remains unsatisfied one year from the date of
recordation of the lien, the departments shall notify the Office of the County
Attorney and request mailing of a Notice of Intent to Foreclose. It shall be the
responsibility of the County Attorney to initiate foreclosure actions in Circuit Court
on non-homestead properties where foreclosure of the property is in the best
interest of Miami-Dade County.
13. Upon final payment under a settlement agreement or full payment of a lien, all
accrued interest and the costs of lien recordation and satisfaction, the
departments shall record a Satisfaction of Lien in the Miami-Dade County public
records. The Satisfaction of Lien document shall make specific reference to the
civil violation notice number and the issuing department.
CODE ENFORCEMENT, COUNTY CLERK DIVISION
RESPONSIBILITIES:
Code Enforcement, County Clerk Division shall be responsible for the following:
1. Upon receipt of a CVN, a letter will be issued to the violator indicating the amount
of the civil penalty and the date by which the penalty is to be paid, advising the
violator the date by which the violation must be corrected (if applicable), and
providing the deadline date to request an administrative hearing in writing, to
appeal the issuance of the CVN.
2. If payment has not been received for a Civil Violation Notice and/or the violation
of the Code Section has not been corrected, a second letter will be issued to the
violator (where no timely appeal has been filed), indicating the civil penalty,
accrued penalty, and the total amount due within 30 days. The violator is further
advised that if payment is not received or the violation is not corrected within 30
days, a lien shall be placed against the violator's real or personal property.
3. When an appeal has been filed and the Hearing Officer finds the violator guilty at
the Administrative Hearing, a letter shall be sent to the violator ordering
correction of the violation (if applicable) and requiring payment of the civil
penalty, hearing administrative costs, enforcement costs, accrued penalties, and
the total amount to be paid. The violator is further advised that if payment is not
received or the violation is not corrected within 30 days, a lien shall be placed
against the violator's real and personal property. To appeal a Hearing Officer's
Final Order, a Notice of Appeal must be filed in the Circuit Court within the time
provided by the Florida Rules of Appellate Procedure.
4. If within five days prior to the hearing date a violator requests in writing that a
hearing be rescheduled. Code Enforcement. County Clerk Division, will
• automatically advise the department in writing. The affected department will then
either agree or object to the continuance request.
5. Upon receipt of the Mandate from the Circuit Court, pertaining to an appeal of a
Hearing Officer's Final Order, where the County is the prevailing party, a letter
will be issued to the violator indicating the amount of the civil penalty,
administrative costs, and enforcement costs are due and payable within ten (10)
days. The violator is further advised that if payment is not received or the
violation is not corrected within ten (10) days, a lien shall be placed against the
violator's real or personal property.
6. When appropriate, a Satisfaction of Lien will be filed in the Miami-Dade County
public records.
7. Management information -reports will- be -generated monthly for distribution,
sequenced by department and badge number, indicating citations paid, citations
complied with, and citations not complied with.
8. A report will be generated on an annual basis, by department, detailing
outstanding violations for the previous year.
9. A report will be generated, and distributed for each department, providing the
estimated cost reimbursement deduction on an ongoing basis.
DEPARTMENT SUPPLEMENTAL COSTS:
Department supplemental costs shall mean certain administrative costs incurred by
using departments while processing continuing violations and levying liens and
expenses incurred in collection efforts. Department supplemental costs are not
provided for under Chapter 8CC and can only be levied or collected if authorized by
other statutory Code provisions, administrative order or County Commission
approval.
ADMINISTRATIVE REIMBURSEMENT:
In order to cover the actual administrative expenses incurred by the County Clerk
Division in supporting the Code Enforcement system, the County Clerk shall retain all
original fines and administrative hearing costs assessed by a Hearing Officer. After
deduction of actual administrative expenses, the County Clerk, with concurrence of
the Budget Director, shall annually return to non-general fund issuing departments on
a prorated basis the remainder of retained original fines_ The continuing penalties,
enforcement costs and department supplemental costs collected which are not the
result of a settlement agreement shall be distributed to non-general fund issuing
departments on a quarterly basis.
CLOSURE OF CASES:
Cases may be closed in the following circumstances:
1. Where the civil penalty is paid and the violation corrected (if applicable).
2. Were the department has settled with the violator, pursuant to this Administrative
Order.
3. Were the department voids the CVN.
4. Were the Hearing Officer finds the named violator not guilty and no appeal is
taken by the County or issuing municipality. •
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5. Where there is a final settlement, judgment, order or other resolution of a case by •
a court of competent jurisdiction.
This Administrative Order is hereby submitted to the Board of County Commissioners
of Miami-Dade County, Florida.
M. R. Stierheim
County Manager