HomeMy WebLinkAboutR-86-0561J-86-61,3
7/11/86
RESOLUTION NO. S6 -56 1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
IMPLEMENT A COLLECTION PROCESS FOR DELINQUENT
j SOLID WASTE FEE BILLS ALLOWING THE CITY OF MIAMI
TO FORECLOSE THOSE SOLID WASTE SPECIAL ASSESSMENT
LIENS THAT HAVE REMAINED UNPAID FOR OVER ONE (1)
YEAR.
WHEREAS, the City of Miami began billing solid waste fees in
1980; and
' WHEREAS, delinquent billings have accumulated to a balance
of approximately $5 million as of June 30, 1986, representing
approximately 5% of total billings;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is authorized to implement a
collection process for delinquent solid waste bills allowing the
City of Miami to foreclose those Solid Waste Special Assessment
Liens that have remained unpaid for over one (1) year after
billing.
PASSED AND ADOPTED on this the 1 Q{.h day of auLv 1986.
(Xi« c
XAVIER SUAREZ
ATTEST, M A Y 0 R
MATTY HIRAI, CITY CLERK
.; REVIEWED AND APPROVED BY: APPROVE S TO FORM
ig 'j AND C CTNESS:
AN
i ROBERT F. CLARK, LUCIA A. DOUGHE Y,
e
DEPUTY CITY ATTORNEY CITY ATTORNEY
j CITY c0i5 SI0t
==1 MEETING Or
JUL Zp 1986
= l 1 ESOWTION NCJSG 56
-1#� WARKS. —
r T
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
53al
TO: The Honorable Mayor and DATE: July 2, 1986 FILE:
Members of the City Commission
SUBJECT: Agenda Item Meeting
of July 10, 1986
FROM: Cesar H. O d i o REFERENCES:
City Manager (P)
ENCLOSURES:
It is recommended that the attached resolution
authorizing the City Manager to implement a
collection process for delinquent solid waste fee
bills allowing the City of Miami to foreclose those
Solid Waste Special Assessment Liens that have
remained unpaid for over one (1) year, be approved.
The City of Miami implemented a Solid Waste fee billing process
in 1980, which at this time follows these procedures:
Original bills are mailed in January and July.
- Reminder notices to unpaid accounts are mailed in February
and August.
- Delinquent notices with penalties are mailed in March and
September.
- Strong collection letters signed by Director of Finance are
mailed to delinquent accounts in April and October.
- Letters from the Law Department threatening with legal action
are mailed to delinquent accounts in May and November.
- Additional individual fol 1 owup letters are sent by the
Finance Department throughout the year related to accounts
whose bills have been returned by the post office or have
long-standing large balances.
- Several claims have been filed in Small Claims Court for
commercial accounts with large unpaid balances. Although
this is an effective process, it is slow since every claim
must be filed individually.
86-561:
i
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM 53al
TO, The Honorable Mayor and DATE: July 2, 1986 rim
Members of the City Commission
SUBJECT: Agenda Item Meeting
of July 10, 1986
FROM: Cesar H. O d i o REFERENCES:
Y a9
City Manager �1.
ENCLOSURES:
It is recommended that the attached resolution
authorizing the City Manager to implement a
collection process for delinquent solid waste fee
bills allowing the City of Miami to foreclose those
Solid Waste Special Assessment Liens that have
remained unpaid for over one (1) year, be approved.
The City of Miami implemented a Solid Waste fee billing process
in 1980, which at this time follows these procedures:
- Original bills are mailed in January and July.
- Reminder notices to unpaid accounts are mailed in February
and August.
- Delinquent notices with penalties are mailed in March and
September.
- Strong collection letters signed by Director of Finance are
mailed to delinquent accounts in April and October.
- Letters from the Law Department threatening with legal action
are mailed to delinquent accounts in May and November.
- Additional individual fol l owup letters are sen t by the
Finance Department throughout the year related to accounts
whose bills have been returned by the post office or have
long-standing large balances.
- Several claims have been filed in Small Claims Court for
commercial accounts with large unpaid balances. Although
this is an effective process, it is slow since every claim
must be filed individually.
86.561
Honorable Mayor and Members
of the City Commission
Page - 2 -
- As of June 30, 1986 there is a delinquent balance outstanding
of $5 million. This balance has been as high as $6 million
in the past. We are recommending at this time, the
implementation of the following collection process which has
been used very effectively by Dade County for several years:
i
- Abstracts are obtained on properties with delinquent
accounts in order to verify correct property owners,
mortgagors and lienors.
- Notification letters are mailed to property owners,
mortgagors, and 1 i en ors, n.oti fyin g them of the City' s
intention to foreclose the special assessment lien on the
referenced property if payment is not received within 30
days. City Ordinance provides that del in quen t solid
waste fees become special assessment liens against the
property.
Accounts that remain unpaid or that have not worked out
an arrangement to pay after 30 days of mailing of
notification letter are included in a complaint filed in
Court. The Court sends notices of the complaint to
interested parties, while the complaint is al so
advertised in the Miami Review.
- The Court awards judgment and appoints a Special Master.
The Special Master's task is to collect delinquent bills
through various collection techniques. In order for the
Special Master to foreclose on any property, it must be
agreed upon by the Judge and the City.
Dade County has never foreclosed on any property involved in this
process. It would be the Ci ty' s intention not to foreclose, but
rather to use this process as an effective collection mechanism.
Accounts selected for the above procedures will be based on their
outstanding balances with those with the highest balances being
selected first. Therefore, the first group of accounts will
consist mainly of multi -family units. In addition, property
owners that are making partial payments on balances owed will be
excluded from the process.
i
cc: Law Department