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Home My WebLink AboutJ-3 Ordinance: Stormwater ManagementCity of ~Vliami ~ard~ens I515-200 NW 167`h Street Miami Gardens, Florida 33169 Date: December 12, 2007 Fiscal Impact: No Yes X Aqenda Cover Paqe Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Jr. Councilwoman Sharon Pritchett Councilwoman Barbara Watson Councilman Andre Williams Public hearing x Quasi-Judicial ^ (If yes, explain in Staff Summary) Ordinance x Resolution Funding Source: N 1st Reading ^ 2nd Reading x Contract/P.O. Requirement: Yes No x Advertising requirement: Yes X No ^ Sponsor Name/Department: Dr. Danny Crew Title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2006-25-106 THE "STORMWATER MANAGEMENT" ORDINANCE TO CLARIFY THE PROCEDURES TO APPEAL THE IMPOSITION OF A LIEN FOR NON PAYMENT OF FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. Staff Summary During November 2007, the City began billing residents for Stormwater services. The current Ordinance does not provide the City the ability to impose a lien on properties for non-payment of these fees. Additionally, it does not establish a mechanism for property owners to appeal these liens before the city imposes them. This Ordinance accomplishes these goals as well as assessing late fees, interest, and administrative fees related to this service. Recommendation: Staff recommends approval of the changes in this ordinance so that the City will have resource against those property owners that do not pay the amounts due. J-3) ORD. 21V1 READING/PUBLIC HEARING Stormwater Management 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2006-25-106THE 5 "STORMWATER MANAGEMENT" ORDINANCE TO CLARIFY THE 6 PROCEDURES TO APPEAL THE IMPOSITION OF A LIEN FOR NON ~ PAYMENT OF FEES; PROVIDING FOR C~NFLICTS; PROVIDING FOR s SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND 9 PROVIDING FOR AN EFFECTIVE DATE. lo ii 12 WHEREAS, the City of Miami Gardens previously adopted 13 Ordinance No. 2006-25-106, the "Stormwater Management Ordinance", i4 whereby it established a Stormwater Management Utility ("SMU") pursuant ~s to the Home Rule Powers provided in the Florida Constitution and Chapter 16 163 and 166, Florida Statutes, and l~ WHEREAS, through the creation of the City SMU, the City will 1$ become responsible for the ownership, maintenance, and expansion of the i9 existing stormwater management system located within the City's limits for 2 o the purpose of collecting and disposing of storm and other surface water, 21 and 22 WHEREAS, in order to collect stormwater utility fees, it will become 23 necessary for the City to record liens against properties where a stormwater 24 fee has been assessed, but has not been paid, and 25 WHEREAS, Florida Statutes do not require the City to provide notice 2 6 to property owners prior to the filing of a lien, however, in the abundance of 2 ~ caution, the City Attorney is of the opinion that notice and an opportunity to 28 be heard must be given prior to recording a lien against real property, ~~ge 1 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 2 OF THE CITY OF MIAMI GARDENS, THAT: 3 SECTION 1. ADOPTION OF REPRESENTATIONS: 4 The foregoing Whereas Clauses are hereby ratified and confirmed as being 5 true, and the same are hereby made a specific part of this Ordinance. 6 SECTION 2. AMENDMENT: Section 11 of Ordinance No. 2006-25- ~ 106 is hereby amended as follows: $ Sec. 11. Enforcement and Penalties. 9 (a) Stormwater Utility Fees shall be payable when due and, if ~o late, shall be subject to a ten (10%) percent late charge. Any unpaid l~ balance for such fees and late charges shall be subject to an interest 12 charge at the rate of eight (8%) per annum. Imposition of such interest 13 charge shall commence sixty (60) days after the past due date of the fees 14 set forth on the utility bill. Nonpayment of any portion of the Stormwater 15 Utility fee shall be considered as nonpayment of all other utilities appearing 16 on the bill and may result in the termination of all utility services appearing 1 ~ on the bill. ls (b) All fees, late charge and interest accruing, thereupon due and owing to i9 the utility which remain unpaid sixty (60) days after the past due date of the 2 o fees shall become a lien against and upon the developed property for which 21 the fees are due and owing to the same extent and character as alien for a 22 special assessment. Until fully paid and, discharged, said fees, late 23 charges, and interest accrued thereupon shall be, remain, and constitute a 24 special assessment lien equal in rank and dignity with the lien of ad valorem 25 taxes and superior in rank and dignity to all other liens, encumbrances, 26 titles, and claims in, to or against the developed property involved for the 2 ~ period of five years from the date said fees, late charges, and interest 2s accrued thereupon, become a lien as set forth in this chapter. Said lien 29 may be enforced and satisfied by the City, on behalf of the SMU, pursuant 3 o to Chapter 173, Florida Statutes, as amen~ed from time to time, or any 3 ~ other method permitted by law. The lien provided for herein shall not be ~age 2 1 deemed to be in lieu of any other legal remedies for recovery of said fee, 2 late charges, and accrued interest available in the City and to the utility. 3 (1) Notice. For fees which become more than sixty 4 (60) days past due and unpaid, the City or the SMU shall cause to be filed s in the , 6 Public Records of Miami-Dade Countv, a notice of lien or statement ~ showing a legal description of the property against which the lien is claimed, s its location by street and number, the name of the owner, and an accurate 9 statement of the fees and late charges then unpaid. A copy of such notice io of lien may be mailed within a reasonable time to the owner of the property ~l involved as shown by the records of the Tax Collector of the County. i2 (2) Appeals. A property owner shall have ten (10) davs 13 after receipt of a bill to reauest an appeal in writinq to the Citv's Code 14 Enforcement Special Master. Said request shall be mailed to the attention 1 s of the Finance Director, shall be in writinq, and shall state the basis for the 16 appeal. Upon receiqt of a Notice of Appeal, the Citv shall schedule a 1~ hearinq before the Sqecial Master and shall provide notice of the date of the ls hearinq to the propertv owner bvi certified mail. If a request for an apqeal is i9 not filed within the ten (10) day time frame, the lien shall be deemed valid. 2 o (f the Citv is the prevailinq party on appeal, a$100.00 administrative fee 21 shall be assessed aqainst the property owner. 22 {-~~ Satisfaction. Liens may be discharged and satisfied 23 by payment to the City, on behalf of the utility, of the aggregate amounts 24 specified in the notice of lien, together with interest accrued thereon, and all 25 filing and recording fees. When any such lien has been fully paid or 26 discharged, the City shall cause evidence of the satisfaction and discharge 2 ~ of such lien to be filed with the Office of the Clerk of the Circuit Court of 2 s Miami-Dade County, Florida. Any person, firm, corporation, or other legal 2 9 entity, other than the present owner of the property involved, who fully pays 3 o any such lien shall be entitled to an assignment of lien and shall be 3 ~ subrogated to the rights of the City and the utility with respect to the Fage ~ 1 enforcement of such lien. 2 ~4~ Exemption to notice. Nofinrithstanding other provisions to the 3 contrary herein, the City on behalf of the SMU shall have the discretion not 4 to file notices of lien for fees, late charges, and interest accrued thereupon 5 in an amount less than one hundred ($100.00) dollars. If the City or the 6 SMU elects not to file a notice of lien, said fees, late charges, and accrued ~ interest shall remain as debts due and owing in accordance with the 8 provisions of this ordinance. 9 {4~5 Certificates verifying amount af debt. The utility is authorized and io directed to execute and deliver upon request written certificates certifying 11 the amount of fees, late charges, and interest accrued thereupon, which are 12 due and owing to the utility and the City, for any developed property which 13 is subject to payment of said fees, or the utility may certify that no fees, late 14 charges or accrued interest are due and owing. Said certificates shall be 15 binding upon the City and the utility. Third party requests for Certificates 16 may incur a reasonable charge based on administration and clerical time to 1~ research, produce and transmit said Certificates. 18 SECTION 3: CONFLICT: All ordinances or Code 19 provisions in conflict herewith are hereby repealed. 2 o SECTION 4. SEVERABILITY: If any section, 21 subsection, sentence, clause, phrase or portion of this Ordinance is for any 22 reason held invalid or unconstitutional by any court of competent 23 jurisdiction, such portion shall be deemed a separate, distinct and 24 independent provision and such holding shall not affect the validity of the 25 remaining portions of this Ordinance. 26 SECTION 5. INCLUSION IN CODE: It is the intention 2 ~ of the City Council of the City of Miami Gardens that the provisions of this 2 s Ordinance shall become and be made a part of the Code of Ordinances af Fage 4 1 the City of Miami Gardens and that the sections of this Ordinance may be 2 renumbered or relettered and the word "Ordinance" may be changed to 3 4 5 6 ~ s 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. SECTION 6. , EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA ON FIRST READING THIS DAY OF , 2007. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA ON SECOND AND FINAL READING THIS DAY OF , 2007. CITY OF MIAMI GARDENS, FLORIDA By: ATTEST: Ronetta Taylor, CITY CLERK PREPARED BY: SONJA K. DICKENS, ESQ. City Attorney Shirley Gibson, MAYOR SPONSORED BY: SONJA K. Dickens, Attorney MOVED BY: VOTE: Mayor Shirley Gibson (Yes) (No) gage 5 1 2 3 4 5 6 9 10 Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Oscar Braynon, II Councilman Aaron Campbell Councilwoman Sharon Pritchett Councilman Andre Williams 269420_1.DOC 11 ~T~.~~ 6 (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No)