R7E-Policy Direction Toward Collecting Delinquent Account PaymentsCOMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AUTHORZINGAPOLICY DIRECTION TOWARDS COLLECTING DELINQUENTACCOUNT
PAYMENTS UNDER THE FEE IN LIEU OF PARKING PROGRAM.
lntended Outcome Su
Supporting Data (Surveys, Environmental Scan, etc.):
lssue:
Parking Fee ln Lieu Program Collection
Item Summary/Recommendation :
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING A POLICY DIRECTION TOWARDS COLLECTING DELINQUENTACCOUNT
PAYMENTS UNDERTHE FEE IN LIEU OF PARKING PROGRAM, UNDERSECTION {30.131, OFTHE
CITY CODE; TO PROVIDE THE PLANNING DIRECTOR, CITY MANAGERAND CITYATTORNEYTHE
AUTHORITY TO NEGOTIATE AND EXECUTE PAYMENT PLANS FOR DELINQUENT AGCOUNTS
UNDER THE FOLLOWING CONDITIONS: ({) THE DELINQUENT AGCOUNT 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 YEARTHE DELINQUENCY OGGURRED; (3)
THE DELINQUENT ACCOUNT MUST HAVE AN ACTIVE AND CORRECT BUSINESS TAX RECEIPT
(BTR); (4) NO PAYMENT PLAN MAY EXCEED 36 MONTHS lN LENGTH; (5) FAILURE TO COMPLY
WITH THE PLAN SHALL RESULT IN A REVOCATION OF THE BUSINESS TAX RECEIPT (BTR),
AND/OR REVOCATION OF THE CERTTFTCATE OF OCCUPANCY/CERTIFTCATE OF USE (CO/CU)
FOR THE DELTNQUENT ACCOUNT; (6) THE TOTAL OUTSTANDING BALANCE SHALL BECOME
DUE AND PAYABLE IF PAYMENT UNDER THE PLAN !S NOT RECEIVED BY THE 1OTH OF THE
APPLICABLE MONTH; AND (7) AUTHORIZE THE CITY MANAGER TO TAKE SUCH AGTION TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COORDINATE THE EXECUTION OF
PAYMENT PLANS
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
E MIAMIBEACH DA rrEM R7 g-
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g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
City Coftmission
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA,A POLICY DIRECTION
TOWARDS COLLEGTING 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 GITY
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 OGGURRED; (3) THE DELINQUENT AGGOUNT
MUST HAVE AN AGTIVE AND GORRECT BUSINESS TAx RECEIPT (BTR); (a)
NO PAYMENT PLAN MAY EXCEED 36 MONTHS lN LENGTH; (5) FAILURE TO
COMPLY WITH THE PLAN SHALL RESULT IN A REVOCATION OF THE
BUSTNESS TAX RECETPT (BTR), AND/OR REVOCATTON OF THE CERTTFTCATE
oF occupANcy/cERTlFtcATE oF usE (co/cu) FoR THE DELTNQUENT
ACCOUNT; (6) THE TOTAL OUTSTANDING BALANGE SHALL BECOME DUE
AND PAYABLE IF PAYMENT UNDER THE PLAN IS NOT RECEIVED BY THE
10TH OF THE APPLIGABLE MONTH; AND (71 AUTHORIZE THE CIw
MANAGER TO TAKE SUCH ACTION TO EXECUTE ANYAND ALL NECESSARY
DOCUMENTS TO COORDINATE THE EXECUTION OF PAYMENT PLANS
ADMINISTRATION REGOMMENDATION
Adopt the Resolution
ANALYSIS
ln 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.
ln 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. lf 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
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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
actionrequired. Theconditionsfortheseproposedpaymentplansettlementsareasfollows:
(1) The current fiscal year fee must be paid by prior to entering into payment plan for
delinquent fees.
(2) The delinquent account must repaythe 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).
(a) 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 1Oth of the month.(7) Authorizing the City Managerto take such action and execute any and all necessary
documents to coordinate the execution of payment plans.
CONGLUSION
The Administration recommends that the City Commission approve the attached Resolution.
*@yl
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RESOLUTION NO.
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 f 30-131, 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; (21 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 GORREGT BUSINESS TAx REGEIPT (BTR); (a)
NO PAYMENT PLAN MAY EXCEED 36 MONTHS IN LENGTH;
(5) FATLURE TO COMPLY WITH THE PLAN SHALL RESULT rN
A REVOCATTON OF THE BUSTNESS TAX RECEIPT (BTR),
AND'OR REVOCATION OF THE CERTIFICATE OF
occuPANcY/GERTTFTCATE 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 1OTH OF THE
APPLICABLE MONTH; AND (7) AUTHORIZE THE clTY
MANAGER TO TAKE SUCH ACTION TO EXECUTE ANY AND
ALL NECESSARY DOCUMENTS TO COORDINATE THE
EXECUTION OF PAYMENT PLANS
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
Septembe r 171h, 2014; and
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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 ln
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.
(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 1Oth 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.
and
WHEREAS, the Administration recommends that the City Commission
authorizes the Department to implement payment plans to recapture unpaid Fee
ln 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 ln 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
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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 1Oth
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.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
Philip Levine, Mayor
day of 2015.
APPROVED AS TO
FORM & LANGUAGE
, (-.r'Ll -
--Dole
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