HomeMy WebLinkAboutR-99-0529J-99-609
7/16/99
RESOLUTION .NO . 9 9 _ 529
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH
INDIVIDUALS TO SERVE AS SPECIAL MASTERS TO
PRESIDE OVER VEHICLE IMPOUNDMENT PROCEEDINGS,
RENDER WRITTEN FINDINGS AND RULINGS, IN AN
AMOUNT NOT TO EXCEED $69,000, FOR A PERIOD OF
TWO (2) YEARS FOR THE DEPARTMENT OF POLICE;
ALLOCATING. FUNDS THEREFOR FROM ACCOUNT CODE
NO. 001000.290201.6.270.
WHEREAS, the Department of Police has a need for the
services of Special Masters to preside over hearings and other
proceedings pertaining to the impoundment of motor vehicles
pursuant to Article V, §42-122 of the Code of the City of Miami,
Florida, as amended; and
WHEREAS, a motor vehicle is subject to seizure and
impoundment whenever a police officer has probable cause to
believe that the vehicle was used to facilitate the commission of
a crime involving controlled substances, prostitution or illegal
dumping, and
WHEREAS, §42-122 of the Code of the City of Miami, Florida,
as amended, allows for a Special Master who, following a written
final hearings to determine whether there was probable cause to
impound the vehicle;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorizedl� to
execute professional services agreement (s), in a form acceptable
to the City Attorney, with individuals to serve as Special
Masters to preside over vehicle impoundment proceedings, render
written findings and rulings, in an amount not to exceed $69,000,
for a period of two (2) years for the Department of Police, with
funds therefor hereby allocated from the Police Department
General Operating Budget, Account Code No. 001000.290201.6.270.
Section 3. This Resolution shall become effective
�i The herein authorization is further subject to compliance
with all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City Charter
and Code provisions.
- 2 -
99-- 529
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 27th day of July 1999.
JOE CAROLLO, MAYOR
a mordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
t . legislation by signing it in the designated/Yf-O'rn
provided, said legislation novi
40comes effective with the elapse of ten (10) dathe date of Corr ssicn action
regarding same, without the Mavor_exerr,iQ�Ab,
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED IT FQRM D CO�tRECTNESS:�/
VI
C
W3 6 0,Z : RCL
.' City Clerk
ai If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission:
- 3 -
99- 529
CITY OF MIAMI, FLORIDA 0
INTER -OFFICE MEMORANDUM CA=15
TO: The Honorable Mayor and Members DATE: JUI
of the City Commission L
SUBJECT: Proposed Resolution
FROM: REFERENCES: Special Masters;
Donal /H.WAarshawZ2===�� ENCLOSURES: Professional Services
City Manager Agreements
RECOMMENDATION:
FILE:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute Professional Services Agreements for Special Masters,
and allocating funds therefore, in an amount not to exceed $69,000, as needed by the Miami Police
Department. Funding will be available from the Police Department General Operating Budget,
Account Code No. 001000.290201.6.270.
BACKGROUND:
On February 20', 1997, the City Commission adopted Ordinance No. 11445, which created
specific sections that allow for the impoundment of those vehicles used in the commission of
crimes involving prostitution, drugs, and driving while intoxicated. The latter was rescinded and
replaced with illegal dumping. This Ordinance established an administrative penalty of $500
(which was later increased to $1,000), plus towing and storage charges for the use of vehicles
while engaged in these crimes. It also created a Special Master who, following a written request
from the vehicle owner, conducts preliminary and final hearings to determine whether there was
probable cause to impound the vehicle.
Subsequently, Resolution No. 97-189 was adopted on March 20t", 1997, authorizing the City
Manager to execute Professional Services Agreements with qualified individuals to provide
Special Master services for a twenty-four (24) month period, in a total amount not to exceed
$49,900.
Since the program's inception, a total of 3,462 vehicles have been impounded, generating a
potential revenue for the City of Miami in the amount of $2,500,000.
The proposed Resolution will provide funding for Special Master services for a twenty-four (24)
month period, effective June 9`", 1999, with the Special Master being compensated at a rate of $55
per hour. The total amount of compensation paid to all providers of Special Master services shall
not exceed $69,000 for this period. The Police Department will oversee the hiring of the Special
Masters. Minimum requirements have been established, advertisements will be published and an
interview process will be conducted. Each of these individuals will have to enter into a
Professional Services Agreement with the City of Miami.
%*w
DHW:WEO:ll 9 9- 529
0 CITY OF MIAMI, FLORIDA •
TO
FROM
INTER -OFFICE MEMORANDUM
DonaldH. Warshaw DATE: JUN .-
City Manager
SUBJECT: Special Masters;
Professional Services
W Agreements
William E. O'Brien REFERENCES:
Chief of Police ENCLOSURES:
FILE: LEG 7-2
The Police Department has verified that funds are available with the Department of Management &
Budget, for the provision of Special Masters services under Professional Services Agreements, in
an amount not to exceed $69,000. Funding is to be provided from the Police Department General
Operating Budget, Account Code No. 001000.290201.6.270.
BUDGETARY REVIEW AND APPROVAL:
Luie L. Brennan, Interim Director
Department of Management & Budget
WEO:ll
City of Miami
Management & Budget
Date �-30-??
Time 3_ : 10 AMI(*�
Amount of: l �O, is
available 10 Mom! number:
Verified RE
99- 529
MFiR-.4 1 -98 WEI3 1 5 55 _ _
J-97-79
2/20/9 7
OROINANCE NO, 1 1 4 4 5
AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING
ARTICLE VI, SECTIONS 42-82 THROUGH 42-86 TO BE
ENTITLED ''VEHICLE IMPOUNDMENT"; SETTING FORTH
CIRCUMSTANCES . UNDER WHICH VEHICLES MAY BE
IMPOUNDED; PROVIDING FOR AN ADMINISTRATIVE
PENALTY FOR THE USE OF VEHICLES UNDER CERTAIN
CIRCUMSTANCES, AND A PROCEDURE FOR REVIEW OF THE
IMPOUNDMENT DEC.ISION; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN
THE CITY CODE.
WHEREAS, prostitution, drug related crimes and crimes involving driving while
intoxicated are a threat to the health, safety and public welfare of the City of Miami; and
WHEREAS, motor vehicles are routinely used to facilitate the commission of these
crimes; and
WHEREAS, this use is destructive to the rights and values of the citizens of the City
of Miami; and
WHEREAS, the City Commission of the City of Miami finds that it Is in the best
interest of the City to impound motor vehicles that are used to facilitate the commission of
drug or prostitution related crimes or crimes involving driving while intoxicated thereby
prpteCting the health, safety, and welfare of the citizens of the City of Miami;
99- 529
rel — 1 1 —au W ELF 1 S 55
NOW, THEREFORE, BE IT ORDAINED 6Y THE COMMISSION OF THE CITY OF
MIAMP. FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance
are hereby adopted by reference thereto and incorporste'd herein as if fully set forth In this
Setition.
Section 2. Section 42 of the Code of the City of Miami, Florida, as emended, is
hereby amended by creating Article V1, Sections 41-82 through 42.86, to be entitled
"Vehicle Impoundment" and to read and provide as follows:
"ARTICLE V1. VEMCLE IMPOUNDMENT
Sec. 42-82. Impoundment of motot aehicles, controlled substances,
prostitution and driving under the Influence.
(a) A motor vehicle shell be subject IQ seizure and impoundment
whenever a police officer has probable cause to believe that the vehicle-
(1) Contains any controlled„ substances or cannabis as
defined in Chapter 893, Florida Statutes; or
(2) Was used in the purchase, -attempt to purchase, sale, or
attempt to sell such controlled substances or cannabis; or
(3) Was, used to facilitate the commission of any act of
prostitution, assignation or 'lewdness. as defined in '
Section 796,07, Florida Statutes; or
(4) Was used to facilitate the commission of and/or was an
instrurr►entality it the commission of the offense of
Driving Under the influence, as defined in Section
316.193, Florida Statutes.
(b) Upon seizing the motor vehicle, the police officer shall:
(1) Provide for the towing of the. vehicle pursuant to the City
Rotational Wrecker System and all applicable towing
procedures; and
(2) Notify in writing the person determined to be the owner
of the vehicle and any person who Is found to be in
control of the vehicle at the time of the seizvr6 of the
fact of the seizure and impoundment of the vehicles, as
2
99- 529
MAR - 1 1- 9 S WED 1 5 : S c-
•
vaell as the right to request o preliminary hearing pursuant
to Section 42-83 or to pay a five hundred dollar
($500.08) administrative civil p6na!ty. plus towing and.
storage costs, in lieu of requesting the preliminary
hearing.
(;) The notices to be given pursuant to this Section shall be
provided by hand delivery at the time of the. seizure and irnpoundment of the.
vehicle to .the person in .control of the vehicle, or if neither the record owner
not the person in control of the vehicle at the time of its seizure is available
to receiva such notice, then notice shall be provided to the. record owner by
certified mail, raturn receipt requested, within, 24 hours of the tirne of' the
impoundment excluding Saturdays, Sundays and legal holidays,
(d) This Section shall not apply and the vehicle shall not be seized
or impounded if:
tt) The possession, use or sale of the, controlled substance
andlor carnabis is authorized by Chapter 693 or
Chapter 499, Florida Statutes; or
(2) The vehicle. was stolen at the time that It is subject to
seizure and impoundment` or
(3) The vehicle was operating as a. common carrier at the
time it was subject to seizure and impoundment; or
(4) A law enforcement agency has expressed its intent, in
writing, to institute state forfeiture proceedings qn the
vehicle.
SeC: 42-83. Hearings, administrative penalty.
(a) If the owner of the motor vehicle, or his/her. agent or
authorizers representative has made a written request for a preliminary
hearing then:
(t) The City shall hold such hearings within five t5) days of,
receipt: of the written . request, excluding Saturdays,
Sundays, and legal holidays, before a Special Master or
Alternate Special fhaster of the City of Miami. At the
hearing, the City shall have the burden to show that
there is probable cause to Oelieve that the, motor vehicle
is subject to irripoundment:and„continued selzure under
Section 42-82. The formal tules of evidence shall riot
apply at the hearing and, hearsay and circuirstantial
evidence is admissible.
3 99- 529.
-'�;D 4JE:D I S ;_.
(2) if, after the hearing, the Special Master or Alternate
Special !"faster determines that there Is probable tause
1 to believe that the motor : vehicle is subject to
impoundment and continued seizure, he/she shall order
the continued impoundment of the vehicle unless the
owner or his/her agent or authorized representative
Pays the City an administrative civil penalty of five
hundred dollars ($500.00) plus the towing and storage
cost, or posts with the City a cash bond in the amount
of five hundred dollars ($500.00), plus the accumulatad
costs of towing and storing the vehicle. If; after the .
hea, ing, there is a findin j of no probable cause, the
vehicle shall be released 'forthwith to the owner or
his/her agent or authorized representative without the .
imposition of penalties or fees.
(b) Within five.(5) days of the date that the motor vehicle.is seized
and impounded pursuant:to Section 42-82, and whether or not a preliminary
hearing is requested, the City shall notify by Certified mail, return receipt
requested, the record owner of the date, time, and location of a. final nearing
to be conducted pursuant to this subsection. The record owner will also be
notified of the right to pay a five hundred dollar ($500.00) administrative.
civil penalty in lieu of the final hearing. The final .hearing shall be scheduled
and held unless continued by order of the Special Master or Alternate Special .
Master no later ' than thirty (30) days. after the date that the vehicle was
seized and impounded. The City shall have the burden to show by a
preponderance of the evidence that the vehicle was used as set forth in
Sections 42-82(s)(1) - (4). If, after the hearing, a finding is made .that the
vehicle is subbject to impoundment and seizure pursuant to $action 42-$2(d)
apply, then the Special Master or Alternate Special Master of the City of
Miami shall, enter an Order finding the owner of record of the vehicle civilly
liable to the City for an administrative penalty of five hundred dollars
1$500.00) plus towing and storage costs. If, after the hearing, a finding is
made that the City did not meet its burden of proof as set forth in the
subsection or that one of the exceptions of Section 42-82(d) applies, the
vehicle shall be returned to the owner along with any Gash bond posted.
Sec. 42-84. Administrative penalty,
If an administrative penalty is imposed pursuant to Sections 42.62 and,
42-83, such penalty shall constituts a debt due and owing the City and shall
be independent of the City's return or release of the vehicle. If a cash bond
has been posted pursuant to Section 42.83, the tond shall be 'applied
toward payment of the penalty.
Sec. 42-85. Return of vehicle.
Except as provided otherwise in Section 42-83, an impounded vehicle
shall be returned to its record owner, or to the person.who is legally entitled
n x 529
4 99—
SO a W a L 1 5.: S
to possess the vehicle, upon his/her payrnent of the administrative penalty to
the City, plus towing and storage fees, unless the vehicle had been sold or
otherwise disposed of to satisfy a judgment or enforce a lien as provided by
law.
See.42-$8. Appeal.
The owner of the motor vehicle that has been the subject of a.seizure
and impoundment pursuant to Sections 42-82 and 42-83 or the City may
appeei the final ruling and decisions of the Special Master or the Alternate
Special Master of the City of Miami, to the Circuit Court of the Eleventh
01th) Judicial Circuit of Dade County, Florida, within thirty 00) days of the
date of the Final Order being appealed. The City may charge the appellant a
reasonable fee for preparation of the record, for purposes of making the
appeal.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent
or in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. if any.section, partof section, paragraph, clause, phrase or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 5. it is the intention of the City Commission that the provisions of this,
ordinance shall become and be made a part of the Code of.the City of Miami, Florida, as
amehded, which provisions may be renumbered or relettered and that the .word
"ordinanpe" may be changed to `section", "article", or other appropriate word to
accomplish such intention.
Section 6. This Ordinance shall become effective Thirty 130) days after final
reading and adoption thereof.
PAS$ED ON FIRST READING SY TITLE ONLY this 16th day of Januar , 1997.
99- 529
s —1-
f`7NP - 1 1 W E17 1 S SS
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TiTLF ONLY th;s
2-9th day of February, 1997,
CAROLLO, MAYOR
ATTEST:
W-ALTEFJ,, MAN
CITY CLERK
PREPARED AND APPROVED BY.
ANA MA fA PANDO
AS�ISTA T CiTY ATTORNEY
APPROVED AS TO FORM AND CORREC7NESS:
��
A. Q' NP�1 ES, Ili
CITY AT NEY
W24$:csk.AMP
J-97-152
3/11 /97
RESOLUTION N0. 9 7 - 189
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
QUALIFIED INDIVIDUALS TO PROVIDE SPECIAL MASTER
SERVICES FOR THE DEPARTMENT OF POLICE FOR A PERIOD
OF TWO (2) YEARS IN A TOTAL AMOUNT NOT TO EXCEED
$49,900.00; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE 001000.290301.6.001.
WHEREAS, prostitution, drug related crimes, and crimes involving driving while
intoxicated are a threat to the health, safety and public welfare of the City of Miami; and
and
WHEREAS, motor vehicles are routinely used in the commission of these crimes;
WHEREAS, the City of Miami has enacted an Ordinance that allows for the
impoundment of these vehicles; and
WHEREAS, the Ordinance further allows for a Special Master who, following a
written request from the vehicle owner, will conduct preliminary and final hearings to
determine whether there was probable cause to impound the vehicle;
99- 529
JL1Vl rVLll
❑l •❑UUUGI UINI I (-10-�77 y•u�r1v1 >l ! 11 Vr F11ii151!
avv vYiv•*
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 hereby adopted.
Section 2. The City Manager is hereby authorized ' to execute Professional
Services Agreements, in a form acceptable to the City Attorney, with qualified individuals
to provide Special Master services for the Department of Police, for a period of two (2)
years, in a total amount not to exceed $49,900.00, with funds therefor hereby allocated
from the Police Department General Operating Budget; Account Code
001000.290 301.6.001.
Section 3 This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 20th day of March , 1997.
ATTE T:
WALTER AN, CITY CLERK
BUDGETARY REVIEW:
MICHAEI. AVIN
DIRECTOR
DEPARTMENT OF FINANCE
T-he herein authorization is further subject to o mphancc with all mquimments that may be impowd by the City
Anoraq, including but not limited to thosc prescribed by applicable City Charter sad Cock waviswgL
w
K)
•
PREPARED AND APPROVED BY:
OLGA AMIREZ-SEIJ
ASSIStANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
��A. QUINN JONES, I
ATTORNEY
W 1501:csk:ORS
3 99-- 529