HomeMy WebLinkAboutH-1 Ordinance: Stormwater ManagementCity of ~Vliami ~ard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Date: November 28, 2007
Fiscal Impact: No ^ Yes X
(If yes, explain in Staff Summary)
Funding Source:N/A
Contract/P.O. Requirement: Yes No X
Sponsor Name/Department:
Dr. Danny O. Crew, City Manager
Aqenda Cover Paqe
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Oscar Braynon II
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Andr~ Williams
Public hearing ^
Ordinance X
1 st Reading x
Advertising requirement:
RFP/RFQ/Bid
Title
Quasi-Judicial ^
Resolution
2nd Reading ^
Yes o No X
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2006-25-106THE
"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 FOR AN EFFECTIVE DATE.
Staff Summarv
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 hat the City will have
recourse against those property owners that do not pay the amounts due.
H-1) ORDINANCE
1ST READING
STORMWATER MANAGEMENT
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2006-25-106THE
"STORMWATER MANAGEMENT" ORDINANCE TO CLARIFY THE
PROCEDURES TO APPEAL THE IMPOSITION OF A LIEN FOR NON
PAYMENT OF FEES; PROVIDING FOR C~NFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens previously adopted
Ordinance No. 2006-25-106, the "Stormwater Management Ordinance",
whereby it established a Stormwater Management Utility ("SMU") pursuant
to the Home Rule Powers provided in the Florida Constitution and Chapter
163 and 166, Florida Statutes, and
WHEREAS, through the creation of the City SMU, the City will
become responsible for the ownership, maintenance, and expansion of the
existing stormwater management system loc~ted within the City's limits for
the purpose of collecting and disposing of storm and other surface water,
and
WHEREAS, in order to collect stormwater utility fees, it will become
necessary for the City to record liens against properties where a stormwater
fee has been assessed, but has not been paid, and
WHEREAS, Florida Statutes do not require the City to provide notice
to property owners prior to the filing of a lien, however, in the abundance of
caution, the City Attorney is of the opinion that notice and an opportunity to
be heard must be given prior to recording a lien against real property,
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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:
s Sec. 11. Enforcement and Penalties.
9 (a) Stormwater Utility Fees shall be payable when due and, if
lo late, shall be subject to a ten (10%) percent late charge. Any unpaid
il 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.
is (b) All fees, late charge and interest accruing, thereupon due and owing to
19 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,
25 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
2 9 may be enforced and satisfied by the City, on behalf of the SMU, pursuant
3 o to Chapter 173, Florida Statutes, as amended from time to time, or any
3 i other method permitted by law. The lien provided for herein shall not be
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deemed to be in lieu of any other legal remedies for recovery of said fee,
late charges, and accrued interest available in the City and to the utility.
(1) Notice. For fees which become more than sixty
(60) days past due and unpaid, the City or the SMU shall cause to be filed
in the ,
Public Records of Miami-Dade County, a notice of lien or statement
showing a legal description of the property against which the lien is claimed,
its location by street and number, the name of the owner, and an accurate
statement of the fees and late charges then unpaid. A copy of such notice
of lien may be mailed within a reasonable time to the owner of the property
involved as shown by the records of the Tax Collector of the County.
~2) Appeals. A propertv owner shall have ten (10) davs
after receipt of a bill to request an appeal in writinq to the Citv's Code
Enforcement Special Master. Said request shall be mailed to the attention
of the Finance Director, shall be in writinq, and shall state the basis for the
appeal. Uqon receiqt of a Notice of Appeal, the City shall schedule a
hearinq before the Special Master and shall provide notice of the date of the
hearinq to the proqertv owner bvi certified mail. If a request for an appeal is
not filed within the ten (10) dav time frame, the lien shall be deemed valid.
If the City is the prevailinq partv on appeal, a$100.00 administrative fee
shall be assessed aqainst the propertv owner.
~~ Satisfaction. Liens may be discharged and satisfied
by payment to the City, on behalf of the utility, of the aggregate amounts
specified in the notice of lien, together with interest accrued thereon, and all
filing and recording fees. When any such lien has been fully paid or
discharged, the City shall cause evidence of the satisfaction and discharge
of such lien to be filed with the Office of the Clerk of the Circuit Court of
Miami-Dade County, Florida. Any person, firm, corporation, or other legal
entity, other than the present owner of the property involved, who fully pays
any such lien shall be entitled to an assignment of lien and shall be
subrogated to the rights of the City and the utility with respect to the
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1 enforcement of such lien.
2 ~ 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
s provisions of this ordinance.
9 ~ Certificates verifying amount of debt. The utility is authorized and
io directed to execute and deliver upon request written certificates certifying
1~ the amount of fees, late charges, and interest accrued thereupon, which are
~2 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
i6 may incur a reasonable charge based on administration and clerical time to
~~ 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
2 s 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 of
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the City of Miami Gardens and that the sections of this Ordinance may be
renumbered or relettered and the word "Ordinance" may be changed to
"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)
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1 Vice Mayor Barbara Watson
2 Councilman Melvin L. Bratton
3 Councilman Oscar Braynon, II
4 Councilman Aaron Campbell
5 Councilwoman Sharon Pritchett
6 Councilman Andre Williams
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269420_1.DOC
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(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
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