Loading...
HomeMy WebLinkAboutAgenda Item Summary Formys AGENDA ITEM SUMMARY FORM File ID: #9362 JL Date: 07/09/2021 Requesting Department: Ci Commission Meeting Date: 07/08/2021 Sponsored By: Joe Carollo District Impacted: Type: Resolution Subject: Directinq the City Manager - Report on Code Enforcement Budget Impact Analysis Total Fiscal Impact: Reviewed By Commission City Commission Nicole Ewan Meeting Completed 07/08/2021 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 07/12/2021 3:52 PM Office of the City Attorney Rachel Dooley ACA Review Completed 07/12/2021 4:02 PM Office of Management and Budget Leon P Michel Budget Review Completed 07/12/2021 4:33 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 07/12/2021 4:46 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 07/12/2021 7:55 PM Office of the City Clerk City Clerk's Office Rendered Completed 07/12/2021 7:57 PM GSY v City of Miami City Hall LeLegislation 3500 Pan American Drive g Miami, FL 33133 R Resolution www.miamigov.com Enactment Number: R-21-0298 File Number: 9362 Final Action Date:7/8/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REPORT TO THE CITY COMMISSION BY THE NEXT CITY COMMISSION MEETING THE STATUS ON CODE ENFORCEMENT LEGISLATION ADOPTED BY THE CITY COMMISSION AS IT PERTAINS TO RESOLUTION NO. R- 16-0372 ADOPTED ON JULY 29, 2016 DIRECTING THE CITY OF MIAMI'S ("CITY") ADMINISTRATION TO AUTOMATICALLY SEND ALL PROPERTIES THAT HAVE RECEIVED THREE (3) OR MORE OF THE SAME VIOLATIONS WITHIN THE SAME YEAR TO THE CODE ENFORCEMENT BOARD OR SPECIAL MASTER; ORDINANCE NO. 13809 ADOPTED ON NOVEMBER 15, 2018 REGARDING VIOLATIONS OF VALET PARKING AND PARKING SURCHARGE REQUIREMENTS PURSUANT TO SECTION 35-312 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); RESOLUTION NO. R-19-0112 ADOPTED ON MARCH 14, 2019 ESTABLISHING TIMEFRAMES FOR COMMERCIAL AND NON-RESIDENTIAL PROPERTIES TO BE SET FOR HEARING FOLLOWING A NOTICE OF VIOLATION; RESOLUTION NO. R-19-0421 ADOPTED ON OCTOBER 24, 2019 DIRECTING THE CITY MANAGER TO IMPLEMENT A PROGRAM TO MONITOR REPEAT VIOLATORS, EXPEDITE HEARINGS FOR REPEAT VIOLATORS, AND PROVIDE FOR CONTINUED MONITORING AND ENHANCED PENALTIES FOR REPEAT VIOLATORS; RESOLUTION NO. R-21-0189 ADOPTED ON MAY 13, 2021 DIRECTING THE CITY MANAGER TO SET UP A REVIEW SYSTEM TO BETTER ENFORCE EXISTING CITY CODE SECTIONS PERTAINING TO NOT ISSUING BUILDING PERMITS WHEN THERE ARE OUTSTANDING VIOLATIONS, LIENS, INVOICES, OR OTHER MONIES OWED THE CITY; AND RESOLUTION NO. R-21- 0190 ADOPTED ON MAY 13, 2021 RECOMMENDING THE CITY MANAGER DETERMINE SUFFICIENT BUILDING AND CODE COMPLIANCE STAFF FOR NIGHTS AND WEEKEND SHIFTS; FURTHER SUBJECTING THE CITY MANAGER TO DISCIPLINE SHOULD THERE BE A FAILURE TO CARRY OUT THE ORDINANCE AND DIRECTIVES AS DESCRIBED HEREIN. WHEREAS, on July 29, 2016, the City Commission adopted Resolution No. R-16-0372 directing the City of Miami's ("City") Administration to automatically send all properties that have received three (3) or more of the same violations within the same year to the Code Enforcement Board or Special Master; and WHEREAS, on November 15, 2018, the City Commission adopted Ordinance No. 13809 amending Section 35-312 of the Code of the City of Miami, Florida, as amended ("City Code"), establishing additional penalties for valet parking operators and parking facility operators not complying with the requirements of the City Code; and WHEREAS, on March 14, 2019, the City Commission adopted Resolution No. R-19- 0112 directing the City Manager to establish a policy regarding commercial and non-residential properties (collectively, "Properties") to allow not more than thirty (30) days for the Properties to come into compliance of a cited code violation and thereafter set for a code enforcement hearing on the next available date, requiring properties with three (3) prior violations in the past five (5) years to be brought directly to the Code Enforcement Board ("Board"), and disallowing any extension of time thereafter unless approved by the Board; and WHEREAS, on October 24, 2019, the City Commission adopted Resolution No. R-19- 0421 directing the City Manager to implement a program to monitor repeat violators, expedite hearings for repeat violators, and provide for continued monitoring and for enhanced penalties for repeat violators; and WHEREAS, on May 13, 2021, the City Commission adopted Resolution No. R-21-0189 directing the City Manager to set up a review system between all relevant City departments to better enforce existing City Code sections to not allow for issuance of Building permits for any non -Homestead property that has open violations, liens, invoices, or other monies owed to the City and to report back in ninety (90) days; and WHEREAS, on May 13, 2021, the City Commission adopted Resolution No. R 21-0190 recommending the City Manager to determine the sufficient number of staff that are needed from the Building and Code Compliance Departments to efficiently handle the night and weekend real-time complaints and to add a Sunday overnight shift; and WHEREAS, all of the legislation described herein was passed to bring about quicker enforcement and to assist in making the City a safer place to live; and WHEREAS, it has been several years since the first Resolution was adopted and the City Commission desires an update to determine the effects enforcement have had on violations in the City; and WHEREAS, the City Manager was approved by the City Commission, hired in early 2020, and has had over one (1) year to implement the requested enforcement actions and policies; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby directs the City Manager to report to the City Commission at the next City Commission meeting on the status of enforcement pursuant to Resolution No. R-16-0372, Ordinance No. 18309, Resolution No. R-19-0112, Resolution No. R- 19-0421, Resolution No. R-21-0189, and Resolution No. R-21-0190. Section 3. Failure to comply with any of the directives stated herein shall subject the City Manager to discipline by the City Commission. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: Vf ria i dez, ity ttor ey 7/1212021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.