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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 ~ 2 3 4 5 6 ~ 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 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, Page 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: 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 Page 2 1 2 3 4 5 6 ~ s 9 io 11 12 13 14 15 16 l~ is 19 20 21 22 23 24 25 26 27 28 29 30 31 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 Page 3 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 Page 4 1 2 3 4 5 6 ~ s 9 io 11 12 13 14 15 16 1~ 1s 19 20 ai 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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) Page 5 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 ~ s 9 10 269420_1.DOC 11 (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) Page 6