Resolution 86-18393 •
RESOLUTION NO. 86-18393
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA; ADOPTING TWO RELOCATION
POLICIES WHICH PRESCRIBE BENEFITS FOR PERSONS
DISPLACED BY NON-ACQUISITION/NON-REHABILITATION
ACTIVITIES OF THE CITY OF MIAMI BEACH
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
WHEREAS, as a part of the City's Code Enforcement efforts, certain buildings
are placarded and deemed to be unfit for human habitation; and,
WHEREAS, when such buildings are "closed" after being determined to be unfit
for human habitation, the tenants of such structures are involuntarily displaced; and,
WHEREAS, pursuant to Section 17B-12.1 of the Miami Beach City Code of
Ordinances, within twenty-four (24) hours from the time that an occupied building is
declared to be unfit for human habitation and placarded as such, the owner is
responsible to make all necessary arrangements to relocate the residents into
comparable housing that is decent, safe and sanitary, and pay all expenses involved in
such relocation; and,
WHEREAS, in accordance with Section 17B-12.1 of the Miami Beach City
Code of Ordinances, if the owner fails to take such actions, the appropriate City
personnel will be authorized to effectuate the relocation of all residents in accordance
with the "Statement of Policy for Non-Acquisition/Non-Rehabilitation Relocation,"
and the owner of the applicable structure shall pay for all costs associated with the
dislocation and relocation of the tenants; and,
WHEREAS, it is the City's desire to mitigate adverse effects on those persons
involuntarily and permanently displaced, and to prescribe relocation benefits in order
to ensure fair and equitable treatment of such persons; and,
WHEREAS, in order to ensure such fair and equitable treatment, the City has
developed the attached relocation policies which prescribe benefits and eligibility
criteria for persons involuntarily and permanently displaced.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
1. That the attached Relocation Policies described as:
A) Community Development Block Grant Program -Statement of Policy
for Non-Acquisition/Non-Rehabilitation Relocation, and
B) City of Miami Beach Statement of Policy for Non-Acquisition/Non-
Rehabilitation Relocation,
be adopted, to become effective immediately.
PASSED and ADOPTED this 5th day of"`+'March, 1986.
MAYO
Attest:
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CITY CLERK
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CITY OF MIAMI BEACH
STATEMENT OF POLICY FOR NON-ACQUISITION/NON-REHABILITATION RELOCATION
This policy is intended to mitigate the adverse effects on permanently displaced
persons as a result of non-acquisition and non-rehabilitation activities of the City of
Miami Beach (such as Code Enforcement-related activities).
The City of Miami Beach will assure that there will be no discrimination on the basis
of race, color, religion, creed, sex, age, or national origin and that person(s)
permanently displaced by non-acquisition activities will be treated fairly, consistently
and equitably so that such person(s) will suffer minimally, i.e., the City of Miami
Beach will take reasonable actions necessary to mitigate adverse effects on persons(s)
involuntarily displaced through non-acquisition activities.
The City of Miami Beach shall consider and evaluate all prospective activities which
might involve involuntary displacement to ascertain the degree of hardship which such
displacement may cause.
The City of Miami Beach will provide technical relocation assistance as requested, by
persons who involuntarily and permanently will be affected by non-acquisition.
displacement activities.
The Community Development Office of the City of Miami Beach shall work with the
Miami Beach Housing Authority to accommodate in their housing programs, to the
extent possible, any low and moderate income person(s) that will be affected by non-
acquisition displacement, if.such assistance is available.
ELIGIBLE CLIENTS - DEFINITIONS
1) Residential Tenants - tenants who have occupied a residential unit for a period
of at least 30 consecutive days prior to the date that the need for displacement
is determined by the City, or tenants who have paid at least thirty (30) days rent
in advance and who are current in their rental payments.
2) Business Concerns - owners of business concerns who are legally licensed, and
have been in operation for a minimum of 60 consecutive days prior to the date
that the need for displacement is determined by the City.
SCHEDULE OF MAXIMUM BENEFITS ALLOWED:
1) Residential Tenants - the tenant shall receive a "moving expense" allowance
based on the following schedule:
1 person household $180
2 person household $200
3 person household $245
4 person household $275
5 person household $310
6 person household $340
For families greater in number than 6 persons, an additional $30.00 per
person will be added.
r '
2) " In,„addition, eligible tenants may receive a "DISLOCATION ALLOWANCE"
not to exceed $225. This allowance is designed to reduce the financial
burden of utility deposit and utility connection charges. To be eligible to
receive this payment, the tenant must have had telephone service in the
dwelling from which they were displaced, and be required by either the
electric company or the gas company, or both, to place a deposit for
service in their new dwelling. The City will pay the connection charges for.
such utilities, when provided with an invoice for same, as follows:
$47.50 - telephone re-connection
$32.00 - gas re-connection
$125.00- power/electric deposit (if required)
$16.00 - for a power/electric re-connect/transfer of service
(The tenant must show proof of the actual proposed costs at the new
replacement dwelling and the payments shall be based on the actual
charges.)
3) Business Concerns: - any business permanently displaced, will be given
"actual moving expenses" not to exceed $3,000. The business owner will be
required to obtain a minimum of three (3) written proposals from licensed
moving companies, with the contract to be let to the lowest estimate
(company), and with prior approval of the CD Division. If the business
owner desires a "self-move", the payment will be based on the lowest
proposal amount, with prior approval of the Community Development
Division.
The City reserves the right to reject all bids, and request new
bid/estimates, if it is determined that the costs are excessive.
OTHER REQUIREMENTS:
1) _ Benefit checks must be picked up within 72 hours from the date of
displacement. If the benefit check is not picked up by the displaced
tenant, within the 72 hour period, then the check will then be voided and
the tenant will have to reapply for-the benefit.
2) The City of Miami Beach will honor all requests for benefits to eligible
tenants and business concerns provided that the request for benefits is
received within 90 days of the actual date of displacement.
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•
•
•
GRIEVANCE PROCEDURES
Any claimant(s) who believe they have been aggrieved by the failure of the relocation
staff of the City of Miami Beach to receive payment, or contest the amount of such
payment as provided by this policy, may file a grievance with the City of Miami Beach
Community Development Director.
The Community Development Director may, at his/her discretion, make allowances for
extenuating circumstances or hardships, which the claimant(s) make known to him/her
at the time of review.
1) Request for Community Development Review - Prior to filing a written
request for review, claimant(s) will be provided with an opportunity to
make an oral presentation to the City. Such a presentation will be made to
the Community Development Director or his/her designee, no later than
fifteen (15) days from the date of the claimant(s) request for review.
Claimant(s) may, furthermore, be accompanied by an advisor, attorney or
other representative at the time of their oral presentation. However, the
rights to an oral presentation shall be available no more than ninety (90)
days after the actual date of displacement.
2) Panel Review: Should the claimant(s) disagree with the outcome of the
Community Development Director's findings, then the claimant(s) may,
within seven (7) days of the notification of the Community Director's
findings, file for further review by a panel comprised of the following
members: the Director of the Economic and Community Development
Department or his/her designee; a representative from the City Manager's
office; and a member of the Community Development Advisory
Committee. The panel shall meet to review all arguments, both written
and oral, within fifteen (15) days from the receipt of the written request
for the panel review.
3) City Manager Review: The claimant(s), after exhausting all of the other
review procedures, have the right to have the City Manager of the City of
Miami Beach review their claim. The determination regarding equitable
treatment made by the City Manager shall be considered final and binding
on all parties. The review by the City Manager shall be made within thirty
(30) days of the claimant(s)' written request for the City Manager's review.
ADOPTED: March 5, 1986
L
.✓ •
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
STATEMENT OF POLICY FOR NON-ACQUISITION/NON-REHABILITATION RELOCATION
This policy is written to comply with requirements under the Department of Housing &
Urban Development 24 CFR Part 570.612, Displacement. This policy is intended to
mitigate the adverse effects on permanently displaced persons as a result. of non-
acquisition and non-rehabilitation Community Development Block Grant funded
activities (such as CDBG funded Code Enforcement- related activities).
The City of Miami Beach will assure that there will be no discrimination on the basis
of race, color, religion, creed, sex, age, or national origin and that person(s)
permanently displaced under CDBG non-acquisition activities will be treated fairly,
consistently and equitably so that such person(s) will suffer minimally, i.e., the City of
Miami Beach will take reasonable actions necessary to mitigate adverse effects on
persons(s) involuntarily displaced through the Community Development Block Grant
Program, non-acquisition activities.
The Community Development office shall consider and evaluate all prospective
Community Development activities which might involve involuntary displacement to
ascertain the degree of hardship which such displacement may cause.
The City of Miami Beach will provide technical relocation assistance, as requested, by
persons who involuntarily and permanently will be affected by non-acquisition
displacement activities funded in whole or in part, with CDBG funds.
The Community Development Office shall work with the Miami Beach Housing
Authority to accommodate in their housing programs, to the extent possible, any low
and moderate income person(s) that will be affected by CDBG non-acquisition/non-
rehabilitation displacement, if such assistance is available.
ELIGIBLE CLIENTS - DEFINITIONS
1) Residential Tenants - tenants who have occupied a residential unit for a period
of at least 30 consecutive days prior to the date that the need for displacement
is determined by the City, or tenants who have paid at least 30 days rent in
advance and who are current in their rental payments.
2) Business Concerns - owners of business concerns who are legally licensed, and
have been in operation for a minimum of 60 consecutive days prior to the date
that the need for displacement is determined by the City.
SCHEDULE OF MAXIMUM BENEFITS ALLOWED:
1) Residential Tenants - the tenant shall receive a "moving expense" allowance
based on the following schedule:
1 person household $180
2 person household $200
3 person household $245
4 person household $275
5 person household $310
6 person household $340
For families greater in number than 6 persons, an additional $30.00 per
person will be added.
1 ■
2) In addition, eligible tenants may receive a "DISLOCATION ALLOWANCE"
not to exceed-$225 . This allowance is designed to reduce the financial
burden of utility deposit and utility connection charges. To be eligible to
receive this payment, the tenant must have had telephone service in the
dwelling from which they were displaced, and be required by either the
electric company or the gas company, or both, to place a deposit for
service in their new dwelling. The City will pay the connection charges for
such utilities, when provided with an invoice for same, as follows:
$47.50 - telephone re-connection
$32.00 - gas re-connection
$125.00- power/electric deposit (if required)
$16.00 - for a power/electric re-connect/transfer of service
(The tenant must show proof of the actual proposed costs at the new
replacement dwelling and the payments shall be based on the actual
charges.)
3) Business Concerns: - any business permanently displaced, will be given
"actual moving expenses" not to exceed $3,000. The business owner will be
required to obtain a minimum of three (3) written proposals from licensed
moving companies, with the contract to be let to the lowest estimate
(company), and with prior approval of the CD Division. If the business
owner desires a "self-move", the payment will be based on the lowest
proposal amount, with prior approval of the Community Development
Division.
The City reserves the right to reject all bids, and request new
bid/estimates, if it is determined that the costs are excessive.
OTHER REQUIREMENTS:
1) Benefit checks must be picked up within 72 hours from the date of
displacement. If the benefit check is not picked up by the displaced
tenant, within the 72 hour period, the check will then be voided and the
tenant will have to reapply for the benefit.
2) The City of Miami Beach will honor all requests for benefits to eligible
tenants and business concerns, provided that the request for benefits is
received within 90 days of the actual date of displacement.
I
bra . 0 . .
•
•
GRIEVANCE PROCEDURES
Any claimant(s) who believe they have been aggrieved by the failure of the relocation
staff of the City of Miami Beach CDBG Program to receive payment, or contest the
amount of such payment as provided by this policy, may file a grievance with the City
of Miami Beach Community Development Director.
The Community Development Director may, at his/her discretion, make allowances for
extenuating circumstances or hardships, which the claimant(s) make known to him/her
at the time of review.
1) Request for Community Development Review - Prior to filing a written
request for review, claimant(s) will be provided with an opportunity to
make an oral presentation to the City. Such a presentation will be made to
the Community Development Director or his/her designee, no later than
fifteen (15) days from the date of the claimant(s) request for review.
Claimant(s) may, furthermore, be accompanied by an advisor, attorney or
other representative at the time of their oral presentation. However, the
rights to an oral presentation shall be available no more than ninety (90)
days after the actual date of displacement.
2) Panel Review: Should the claimant(s) disagree with the outcome of the
Community Development Director's findings, then the claimant(s) may,
within seven (7) days of the notification of the Community Director's
findings, file for further review by a panel comprised of the following
members: the Director of the Economic and Community Development
Department or his/her designee; a representative from the City Manager's
office; and a member of the Community Development Advisory
Committee. The panel shall meet to review all arguments, both written
and oral, within fifteen (15) days from the receipt of the written request
for the panel review.
3) City Manager Review: The claimant(s), after exhausting all of the other
review procedures, have the right to have the City Manager of the City of
Miami Beach review their claim. The determination regarding equitable
treatment made by the City Manager shall be considered final and binding
on all parties. The review by the City Manager shall be made within thirty
(30) days of the claimant(s)' written request for the City Manager's review.
REVISED: March 5, 1986
ORIGINAL
RESOLUTION NO. 86-18393
(Adopting two relocation policies which
prescribe benefits for persons displaced
by non-acquisition/non-rehabilitation
activities of the City of Miami Beach)