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HomeMy WebLinkAboutBack-Up DocumentsOFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY CO)aUSSIONERS NUMA-DADE COtT.%7 . FLORIDA MEMORANDUM Agenda Item No. 14 (A) (3 ) TO: Honorable Chairman Jean Monestime DATE: September 16, 2015 and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. SUBJECT: Resolution approving and County Attorney authorizing the County Mayor to execute interlocal agreements with municipalities to enforce the applicable provisions of Section 21-81 and 8CC of the Code within their municipal boundaries; authorizing the County Mayor to exercise renewal, termination, and cancellation clauses contained therein Resolution No. R-786-15 The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Sally A. Heyman. R.A.Cu a, County Attorney RAC/cp (Revised) TO: Honorable Chairman, Jean Monestime and Members, Board of County Commissioners �s,FROM: R. A. u Jr. County Attorney Please note any items checked. DATE: September 16, 2015 SUBJECT: Agenda Item. No. 14 (A) (3 ) 113-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing )Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a ,new board requires detailed County Mayor's / report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's ^, 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required z Approved Ma,vor Agenda Item No Veto 9-16-15 Override RESOLUTION NO. R-786-15 RESOLUTION APPROVING AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEES TO EXECUTE INTERLOCAL AGREEMENTS WITH MUNICIPALITIES TO ENFORCE THE APPLICABLE PROVISIONS OF SECTION 21-81 AND 8CC OF THE MIAMI- DADE COUNTY CODE WITHIN THEIR MUNICIPAL BOUNDARIES; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEES TO EXERCISE RENEWAL, TERMINATION, AND CANCELLATION CLAUSES CONTAINED THEREIN 14(A)(3) WHEREAS, section 21-81 of the Code of Miami -Dade County, Florida (hereinafter the "Code"), prohibits the commission of all acts defined as misdemeanors under Florida Statutes and declares commission of such acts to also be Code violations; and WHEREAS, the Board of County Commissioners has amended section 21-81 of the Code to enact monetary civil penalties for certain violations as enumerated in sections 21- 81(d)(1) through and including 21-81(d)(7) of the Code, as such civil penalties will act as an additional deterrent to such violations and would provide law enforcement with additional options when encountering a misdemeanant who has committed an enumerated offense; and WHEREAS, the Board has amended Chapter 8CC of the Code to prescribe a specific monetary civil penalty for a violation of sections 21-81(d)(1) through and including 21-81(d)(7) of the Code; and WHEREAS, the Board has amended section 8CC-5.1 of the Code to allow a violator of sections 21-81(d)(1) through and including 21-81(d)(7) of the Code who has been served with a civil violation notice imposing a monetary penalty to enter the Miami -Dade County Diversion 3 Agenda Item No. 14(A) (3) Page No. 2 Program, which allows violators without the economic means to pay the fine to satisfy the penalty by non -monetary means; and WHEREAS, section 8CC-11(a) of the Code requires a municipality to enter into an interlocal agreement in order to enforce the provisions of section 8CC within their municipal boundaries; and WHEREAS, the Board desires to allow the municipalities to enforce the specific provisions of section 8CC that pertain to section 21-81 through the execution of an interlocal agreement with the County in an efficient manner without the need to have each individual agreement between the County and the municipalities ratified by this Board, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board finds it is in the best interest of Miami -Dade County to approve the execution of interlocal agreements as required by section 8CC-11 of the Code between Miami -Dade County and municipalities in order to permit municipal enforcement of the provisions of section 8CC as they pertain to section 21-81of the Code through the County Mayor or the County Mayor's designee in substantially the same from attached hereto and a part hereof, for and on behalf of Miami -Dade County, and to execute any amendments, modifications, and renewals, and to exercise the cancellation and termination provisions contained within on behalf of Miami -Dade County, Florida. I Agenda Item No. 14(A)(3) Page No. 3 The Prime Sponsor of the foregoing resolution is Commissioner Sally A. Heyman. It was offered by Commissioner Esteban L. Bovo, Jr. , who moved its adoption. The motion was seconded by Commissioner Sally A. Heyman and upon being put to a vote, the vote was as follows: Jean Monestime, Chairman aye Esteban L. Bovo, Jr., Vice Chairman aye Bruno A. Barreiro ave Daniella Levine Cava absent Jose "Pepe" Diaz aye Audrey M. Edmonson nay Sally A. Heyman aye Barbara J. Jordan aye Dennis C. Moss aye Rebeca Sosa aye Sen. Javier D. Souto aye Xavier L. Suarez aye Juan C. Zapata absent The Chairperson thereupon declared the resolution duly passed and adopted this 16`h day of September, 2015. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA nn Mrs BY ITS BOARD OF i �o COUNTY COMMISSIONERS COUNTY Z 7 4, -�_P fry � v HARVEY RUVIN, CLERK ' *** Approved by County Attorney as to form and legal sufficiency. Ck Christopher A. Angell S By: Christopher Agrippa Deputy Clerk OFFICIAL FILE COPY CLERIC OF TBE HOARD OF COUNTY COMMISSIONERS IVA- tI-DADS COUNTY, FLORIDA MEMORANDUM TO: Honorable Chairman Jean Monestime and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney Agenda Item No. I I (A)(9) DATE: February 2, 2016 SUBJECT: Resolution authorizing the County Mayor to execute interlocal agreements with universities, colleges, and district school boards, and their respective police departments; approving terms that allow for such entities to issue civil citations for certain misdemeanors pursuant to Section 8CC and Section 21-81 of the Code; authorizing the County Mayor to execute any renewals, and to exercise the cancellation and termination provisions contained therein Resolution No. R-136-16 A substitute was presented and forwarded to the BCC with a favorable recommendation at the 1-13-16 Metropolitan Services Committee. The substitute differs from the original item that the form interlocal agreement attached thereto provides that Miami -Dade County shall be reimbursed for all administrative costs relating to the conduct of hearings on appeal and Participating Entities shall be reimbursed in the amount of the fines collected minus administrative costs. The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Sally A. Heyman. APW/Imp (Revised) TO: Honorable Chairman Jean Monestime and Members, Board of County Commissioners FROM: 1g riee- i i Coun ttorney Please note any items checked. DATE: February 2, 2016 SUBJECT: Agenda Item No. 11(A) (9) 113-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable Iegislation requires more than a majority vote (i.e., 2/3's , 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required a Approved Mayor Agenda Item No. 11(A)(9) Veto 2-2-16 Override RESOLUTION NO. R-13 6 -16 RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE INTERLOCAL AGREEMENTS WITH UNIVERSITIES, COLLEGES, AND DISTRICT SCHOOL BOARDS, AND THEIR RESPECTIVE POLICE DEPARTMENTS; APPROVING TERMS THAT ALLOW FOR SUCH ENTITIES TO ISSUE CIVIL CITATIONS FOR CERTAIN MISDEMEANORS PURSUANT TO SECTION 8CC AND SECTION 21-81 OF THE MIAMI-DADE COUNTY CODE; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE ANY RENEWALS, AND TO EXERCISE THE CANCELLATION AND TERMINATION PROVISIONS CONTAINED THEREIN WHEREAS, Section 21-81 of the Code of Miami -Dade County, Florida (the "Code"), prohibits the commission of all acts defined as misdemeanors under Florida Statutes and declares that commission of such acts are also Code violations; and WHEREAS, on June 30, 2015, this Board enacted Ordinance No. 15-47, which amended Section 21-81 to provide for monetary civil penalties for violations of certain misdemeanors, such as littering, illegal use of dairy cases, retail theft of shopping carts and possession of 20 grams or less of cannabis, as such civil penalties will act as an additional deterrent to such violations and would provide law enforcement with additional options when encountering a misdemeanant who has committed an enumerated offense; and WHEREAS, Ordinance No. 15-47 also amended Section 8CC-5.1 of the Code to allow a person who violates such misdemeanors to enter the Miami -Dade County Diversion Program, which allows violators without the economic means to pay the fine to satisfy the penalty by non - monetary means; and 3 Agenda Item No. 11(A) (9) Page No. 2 WHEREAS, on September 16, 2015, this Board enacted Resolution No. R-786-15, which approved terms of a standard form interlocal agreement between Miami -Dade County and municipalities to enforce county monetary civil code penalties in lieu of criminal penalties within their respective jurisdictions; and WHEREAS, Section 8CC-11 of the Code expressly authorizes the County to enter into such interlocal agreements with municipalities for code enforcement; and WHEREAS, this Board now desires to allow universities, colleges and the Miami -Dade County Public Schools and their respective law enforcement agencies to enforce the specific provisions of Section 8CC that pertain to Section 21-81 through the execution of interlocal agreements between the County and universities, colleges and Miami -Dade County district school boards; and WHEREAS, in order to enter such interlocal agreements, it is necessary to amend Section 8CC to authorize the County to enter such agreements for code enforcement with universities, colleges and the Miami -Dade County Public Schools and their respective law enforcement agencies; and WHEREAS, a companion ordinance to this item is also before this Board for consideration which would amend Section 8CC as described in the preceding paragraph; and WHEREAS, this Board authorizes and approves the execution of interlocal agreements between the County and universities, colleges and Miami -Dade County district school boards that allow for the enforcement of provisions of Section 8CC, providing for civil monetary and non -monetary penalties, that pertain to Section 21-81, upon the effective date of the companion ordinance to this item, Agenda Item No. 11(A) (9) Page No. 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board authorizes the County Mayor or the County Mayor's designee, upon the effective date of the companion ordinance to this item amending Section 8CC of the Code, to execute interlocal agreements, in substantially the form attached hereto, on behalf of Miami -Dade County, between Miami -Dade County and any and all universities, colleges, and district school boards, and their respective police departments, within Miami -Dade County, and approves terms that allow for such entities to issue civil citations for certain misdemeanors pursuant to Section 8CC and Section 21-81 of the Code, and authorizes the County Mayor or County Mayor's designee to execute any renewals, and to exercise the cancellation and termination provisions contained therein. The Prime Sponsor of the foregoing resolution is Commissioner Sally A. Heyman. It was offered by Commissioner Sally A. Heyman , who moved its adoption. The motion was seconded by Commissioner Jose "Pepe" Diaz and upon being put to a vote, the vote was as follows: Jean Monestime, Chairman aye Esteban L. Bovo, Jr., Vice Chairman aye Bruno A. Barreiro aye Daniella Levine Cava aye Jose "Pepe" Diaz aye Audrey M. Edmonson aye Sally A. Heyman aye Barbara J. Jordan aye Dennis C. Moss aye Rebeca Sosa absent Sen. Javier D. Souto absent Xavier L. Suarez aye Juan C. Zapata aye IN Agenda Item No. 11(A) (9) Page No. 4 The Chairperson thereupon declared the resolution duly passed and adopted this 2°d day of February, 2016. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing of this approval with the Clerk of the Board. -s�0MAt/ %9 M�-o s• p z COUNTY Z O —*—p AV Approved by County Attorney as to form and legal sufficiency. Matthew Papkin MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Christopher Agrippa Deputy Clerk OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COt4 WSSIO-NERS MIA311-DADS COMMY, FLORIDA TO: FROM: MEMORANDUM Honorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Abigail Price -Williams County Attorney DATE: SUBJECT: Resolution No. R-957-19 Amended Agenda Item No. I I(A)(8) September 4, 2019 Resolution approving the terms of an interlocal agreement that allows municipalities, universities, colleges, district school boards, and their respective police departments to enforce violations of specified code sections, as they may be amended from time to time, through civil code penalties pursuant to chapter 8CC of the Code, including utilizing the Miami -Dade County Diversion Program for satisfaction of any eligible civil citations issued within their respective jurisdictions; authorizing the County Mayor to execute such agreements with municipalities, universities, colleges, district school boards, and their respective police departments; and authorizing the County Mayor to exercise the amendment, renewal, and termination provisions contained therein The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Sally A. Heyman, and Co -Sponsors Commissioner Daniella Levine Cava, Commissioner Jose "Pepe" Diaz, Commissioner Eileen Higgins and Commissioner Barbara J. Jordan. APW/smm Abigail 'ce-Williams County orney dMEMORANDUM (Revised) TO: Honorable Chairwoman Audrey M. Edmonson nand Members, Board of County Commissioners FRO *unty rice- i i ms ttorney Please note any items checked. DATE: September 4, 2019 Amended SUBJECT: Agenda Item No. 11(A) (8) "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3 Is present , 2/3 membership , 3/5's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) i _) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Approved Mayor Veto Override RESOLUTION NO. R-957-19 Amended Agenda Item No. I I (A)(8) 9-4-19 RESOLUTION APPROVING THE TERMS OF AN INTERLOCAL AGREEMENT THAT ALLOWS MUNICIPALITIES, UNIVERSITIES, COLLEGES, DISTRICT SCHOOL BOARDS, AND THEIR RESPECTIVE POLICE DEPARTMENTS TO ENFORCE VIOLATIONS OF SPECIFIED CODE SECTIONS, AS THEY MAY BE AMENDED FROM TIME TO TIME, THROUGH CIVIL CODE PENALTIES PURSUANT TO CHAPTER 8CC OF THE CODE, INCLUDING UTILIZING THE MIAMI-DADE COUNTY DIVERSION PROGRAM FOR SATISFACTION OF ANY ELIGIBLE CIVIL CITATIONS ISSUED WITHIN THEIR RESPECTIVE JURISDICTIONS; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE SUCH AGREEMENTS WITH MUNICIPALITIES, UNIVERSITIES, COLLEGES, DISTRICT SCHOOL BOARDS, AND THEIR RESPECTIVE POLICE DEPARTMENTS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXERCISE THE AMENDMENT, RENEWAL, AND TERMINATION PROVISIONS CONTAINED THEREIN WHEREAS, section 1-5 of the Code of Miami -Dade County (the "County Code") provides that any person who violates or fails to comply with the County Code shall, in addition to all other enforcement measures authorized in the County Code or by other applicable law — including fines not to exceed $500, imprisonment in the county jail for a period not to exceed 60 days, or both —be subject to fines in accordance with chapter 8CC of the County Code; and WHEREAS, the issuance of civil violation notices ("civil citations") pursuant to the schedule provided in section 8CC-10 provides an additional avenue for enforcement of the County Code, and provides law enforcement officers greater flexibility in responding to and addressing violations of the County Code; and Amended Agenda Item No. 11(A)(8) Page No. 2 WHEREAS, section 8CC-10 of the County Code enumerates civil penalties for sections of the County Code which may be enforced pursuant to the provisions of chapter 8CC through the issuance of civil citations; and WHEREAS, section 8CC-5.1 of the County Code further enumerates violations eligible for the Miami -Dade County Diversion Program, which allows a violator who has been served with a civil citation for eligible violations to satisfy the penalty by non -monetary means; and WHEREAS, section 8CC-11 of the County Code allows municipalities, universities, Florida College System institutions, and district school boards within Miami -Dade County to enforce applicable provisions of the County Code through chapter 8CC, provided that, as a condition to enforcement through chapter 8CC, the municipality, university, Florida College System institution, or district school board enter into an interlocal agreement with Miami -Dade County; and WHEREAS, section 8CC-11 specifies that such interlocal agreements shall contain the section or sections of the County Code which the municipality, university, Florida College System institution, or district school board wishes to enforce through chapter 8CC of the County Code; and WHEREAS, pursuant to section 8CC-11 of the County Code and Resolution Nos. R-786- 15 and R-136-16, this Board has already authorized municipalities, universities, colleges, district school boards, and their respective police departments to enforce county monetary civil code penalties for violations of the following sections of the County Code within their respective jurisdictions, and to utilize the Miami -Dade County Diversion Program for satisfaction of any eligible civil citations issued within their respective jurisdictions: MA Amended Agenda Item No. 11(A)(8) Page No. 3 • 21-81(d)(1) (Florida litter law) • 21-81(d)(2) (illegal use of dairy cases, egg baskets, poultry boxes or bakery containers) • 21-81(d)(3) (trespass on property other than structure or conveyance) • 21-81(d)(4) (retail theft by removal of shopping cart) • 21-81(d)(5) (loitering or prowling) • 21-81(d)(6) (possession of cannabis in an amount of 20 grams or less), and • 21-81(d)(7) (possession of drug paraphernalia); and WHEREAS, this Board desires to allow municipalities, universities, Florida College System institutions, and district school boards within Miami -Dade County to enforce county monetary civil code penalties for violations of the following additional sections of the County Code, as they may be amended from time to time, through chapter 8CC of the County Code, and to allow such entities to utilize the Miami -Dade County Diversion Program for satisfaction of any eligible civil citations issued within their respective jurisdictions: • 7-1(c) (failure to observe salt barrier line) • 7-3 (swimming or fishing from prohibited roads or bridges) • 7-4 (mooring violations) • 7-22.1 (failure to pay County vessel registration fee) • 7-26 (operating a motorboat in restricted zones) • 7-26.1 (violating maximum sound level standards) • 7-33 (mooring to bank) • 7-34 (failure to secure moored vessel) • 7-35 (nesting of vessels as encroachment) 255 Amended Agenda Item No. I I (A)(8) Page No. 4 0 7-37 (abandonment of vessel) • 8A-52 (bulk sales of fruits or plants without certificate) • 8A-172 (conducting business without a local business tax receipt) • 8A-276(b) (failure to display commercial vehicle markings) • 21-21 (solicitation of drinks in alcoholic beverage establishments) • 21-21.2(b) (adult violators regarding open house party) • 21-21.3 (sale of drug -related paraphernalia) • 21-24.1 (false statements with intent to receive benefit) • 21-27.1 (selling merchandise near schools) • 21-27.2 (selling merchandise near parks) • 21-28 (producing loud or excessive noise) • 21-29(b) (violation of secondhand dealer records requirements) • 21-29.1 (private business on County property) • 21-31.1 (disorderly conduct and loitering) • 21-31.2(b)(1) (consumption of alcohol in open containers near store) • 21-31.2(b)(2) (possession of alcohol in open containers near store) • 21-31.4(b) (obstructing traffic or aggressively begging) • 21-35(d) (public intoxication by glue, cement, or solvents) • 21-36 (sidewalk solicitation of business) • 21-36.1 (street corner window washers) • 21-36.3(c) (solicitation in public right-of-way at prohibited intersections) • 21-38(a) (distributing syringe without prescription) 0 Amended Agenda Item No. I I (A)(8) Page No. 5 • 21-51 (engaging in motor vehicle business without license) a 21-56 (failure to maintain motor vehicle records) • 21-57 (destroying motor vehicle without documentation) • 21-118 (theft of plants and fruits and trespass) • 21-133 (renting to bingo operator without permit) • 21-136 (failure to wear tags evidencing name and charity) • 21-287 (rafting) • 26-1 (parks violations) • 26A-2A (keeping a sanitary nuisance), and • 31-105 (driving a passenger motor vehicle without chauffeur's registration), NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Approves the terms of an interlocal agreement, in substantially the form attached hereto, that allows for municipalities, universities, colleges, district school boards, and their respective police departments within Miami -Dade County to enforce county monetary civil code penalties for violations of sections 7-1 (c), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7- 37, 8A-52, 8A-172, 8A-276(b), 21-21, 21-21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-27.2, 21-28, 21- 29(b), 21-29.1, 21-31.1, 21-31.2(b)(1), 21-31.2(b)(2), 21-31.4(b), 21-35(d), 21-36, 21-36.1, 21- 36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21-81(d), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, and 3 1 -105 of the County Code, as they may be amended from time to time, pursuant to chapter 8CC, including utilizing the Miami -Dade County Diversion Program for satisfaction of any eligible civil citations issued within their respective jurisdictions. FA Amended Agenda Item No. I I(A)(8) Page No. 6 Section 2. Authorizes the County Mayor or County Mayor's designee to execute such interlocal agreements, in substantially the form attached hereto, on behalf of Miami Dade County, between Miami -Dade County and any and all municipalities, universities, colleges, district school boards, and their respective police departments within Miami -Dade County. Section 3. Authorizes the County Mayor or County Mayor's designee to exercise the amendment, renewal, and termination provisions contained therein. The Prime Sponsor of the foregoing resolution is Commissioner Sally A. Heyman, and the Co -Sponsors are Commissioner Daniella Levine Cava, Commissioner Jose "Pepe" Diaz, Commissioner Eileen Higgins and Commissioner Barbara J. Jordan. It was offered by Commissioner Sally A. Heyman , who moved its adoption. The motion was seconded by Commissioner Esteban L. Bovo, Jr. and upon being put to a vote, the vote was as follows: Audrey M. Edmonson, Chairwoman aye Rebeca Sosa, Vice Chairwoman aye Esteban L. Bovo, Jr. aye Daniella Levine Cava aye Jose "Pepe" Diaz aye Sally A. Heyman aye Eileen Higgins aye Barbara J. Jordan aye Joe A. Martinez nay Jean Monestime aye Dennis C. Moss aye Sen. Javier D. Souto aye Xavier L. Suarez aye O Amended Agenda Item No. 11(A)(8) Page No. 7 The Chairperson thereupon declared this resolution duly passed and adopted this 41h day of September, 2019. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Linda L. Cave By: Deputy Clerk Approved by County Attorney as to form and legal sufficiency. Anita Viciana Zapata Sec. 1-5. General penalty; compliance; civil liability; criminal liability; penalties. (a) Unless otherwise specifically provided herein, any person violating any of the provisions of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the court having jurisdiction over the cause. Any person who violates or fails to comply with this Code shall also be subject to fines in accordance with Chapter 8CC of the Code of Miami -Dade County. Each day of violation or noncompliance shall constitute a separate offense. (b) Compliance with this Code is the responsibility of tenants, property owners and other responsible parties as herein established. (c) Notwithstanding any provision of the Code, any person who violates a provision of this Code or any lawful rule, regulation or written order promulgated under this Code is subject to injunction or other equitable relief to enforce compliance with or prohibit the violation of the Code. Further, such person is liable for any damage to Miami -Dade County caused by such violation, and for the reasonable costs and expenses incurred by Miami -Dade County in enforcing the provisions of this Code, including but not limited to the costs of enforcement inspections, preparation of enforcement reports, photographs, title searches, postage and other demonstrable administrative costs for enforcement and collection. All such sums shall become immediately due and payable upon expenditure by the County and shall become delinquent if not paid within thirty (30) days after receipt by the violator of a department's bill itemizing the enforcement costs incurred in enforcing the provisions of this Code (the "due date"). All such delinquent sums shall bear interest at the rate of twelve (12) percent per annum. (d) Unless otherwise specifically provided herein, any person who violates a provision of this Code or any lawful rule, regulation or written order promulgated under this Code is subject to the judicial imposition of a civil penalty for each offense of an amount not to exceed ten thousand dollars ($10,000.00) per offense. In assessing the penalty, the court may receive evidence in mitigation. Each day during any portion of which a violation occurs constitutes a separate offense. (e) Upon the rendition of a judgment or decree by any of the courts of this State against any person and in favor of a department or the County in any action to enforce compliance with or prohibit the violation of the provisions of this Code, the court shall adjudge or decree against that person and in favor of the department or the County a reasonable sum as fees or compensation for the attorney acting on behalf of the department or the County in the suit in which recovery is had. Such fees or compensation shall be included in the judgment or decree rendered in the case. This provision shall apply to all civil actions filed after the effective date of this ordinance. Cessation of the violation of any of the provisions of the Code prior to rendition of a judgment or prior to execution of a negotiated settlement, but after an action has been filed by the department or the County to enforce the provision of this Code, shall be deemed for the purposes of this section the functional equivalent of a confession of judgment or verdict in favor of the department or the County, for which attorney's fees shall be awarded as set forth in this section. (f) Nothing in this section shall be construed to permit or require the County to bring an action on behalf of any private person. (g) All the judicial and administrative remedies in this section are independent and cumulative. (Ord. No. 79-26, § 1, 4-3-79; Ord. No. 99-54, § 1, 5-25-99; Ord. No. 20-66, § 5, 7-16-20) Cross reference(s)—Additional game time allowances for county prisoners, § 21-101 et seq. (Supp. No. 122) Page 1 of 1 Created: 2023-03-23 11:45:52 [EST] INTERLOCAL AGREEMENT BETWEEN NIIANII-DADE COUNTY, FLORIDA AND THE CITY OF NIIANII, FLORIDA ALLOWING THE CITY OF NIIANII TO ENFORCE SECTIONS 7-1(C), 7-3, 7-d, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A- 276(B), 21-21, 21-21.2(B), 21-21.3, 21-2.1.1, 21-27.1, 21-27.2, 21-28, 21-29(B), 21-29.1, 21- 31.1, 21-31.2(B)(1), 21-31.2(B)(2), 21-31.4(B), 21-35(D), 21-36, 21-36.1, 21-363(C), 21-38(A), 21-51, 21-56, 21-57, 21-81(D), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, AND 31-105 OF THE CODE OF NILANII-DADS COUNTY THROUGH CHAPTER 8CC OF THE COUNTY CODE This Interlocal Agreement ("Agreement") is made and entered this Wday of 2020, by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereafter "COUNTY") and the CITY OF MI.kMI, FLORIDA, a political subdivision of the State of Florida (hereafter "CITY"). WITNESSETH WHEREAS, the CITY may enforce within its lawful jurisdiction within Miami -Dade County provisions of the Code of Miami -Dade County (the "County Code") through chapter 8CC of the County Code upon execution and adoption of an interlocal agreement by the COUNTY and the CITY which contains the sections of the County Code the CITY wishes to enforce, the job title of the agents or employees of the CITY authorized to perform the enforcement functions, the amount reimbursable to the COUNTY for administrative costs, the amount of revenue reimbursable to the CITY from any fine collected, an agreement to indemnify and hold the COUNTY harmless from and against any and all liability, actions and causes of actions relating to the CITY's enforcement, and a term not to exceed three (3) years; and WHEREAS, the COUNTY and the CITY agree that it is in their mutual best interests and the best interests of the CITY and of the citizens of the COUNTY to have the CITY enforce the provisions of sections 7-1(c), 7-3, 7.4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A- 172, 8A-276(b), 21-21, 21-21.2(b), 21-213, 21-24.1, 21-27.1, 21-27.2, 21-28, 21-29(b), 21-29.1, 21-31.1, 21-31.2(b)(1), 21-31.2(b)(2), 21-31.4(b), 21-35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21-81(d), 21-118, 21-133, 21-136, 21-287, 26-I, 26A-2A, and 31-105 of the County Code, as they may be amended from time to time, through chapter 8CC of the County Code; NOW, THEREFORE, IN CONSIDERATION of the mutual benefits derived here from and in compliance with section 8CC-1 I of the County Code, the COUNTY and the CITY covenant and agree as follows: I. CODE SECTIONS SUBJECT TO ENFORCEMENT The CITY is authorized to enforce the provisions of sections 7.1(c), 7-3, 74, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(b), 21-21, 21-21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-27.2, 21-28, 21-29(b), 21-29.1, 21-31.1, 21-31.2(b)(L), 21-31.2(b)(2), 21-31.4(b), 21- 35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21-81(d), 21-118, 21-133, 21- 136, 21-287, 26-1, 26A-2A, and 31-105 of the County Code (the "Specified Sections"), as they may be amended from time to time, through chapter 8CC of the County Code, including but not limited to the ability to issue civil violation notices under section 8CC-10 of the County Code for violations of the provisions of the Specified Sections, as they may be amended from time to time, within the jurisdiction of the CITY. Notwithstanding this authorization, nothing in this Agreement shall be construed to limit, supersede, or remove the independent authority of the COUNTY to enforce the Specified Sections within the jurisdiction of the CITY. 2 II. AUTHORIZED AGENTS All law enforcement officers as defined by section 943.10(1), Florida Statutes that are employed by the CITY are authorized by this Agreement to perform the enforcement functions outlined in and in accordance with this Agreement. III. AMOUNT REIMBURSABLE TO MIAMI-DADE COUNTY FOR COSTS RELATED TO THE CONDUCT OF HEARIVGS ON APPEALS The CITY shall reimburse the COUNTY for the administrative costs relating to the conduct of hearings on appeals from violations as provided in Section I above by paying the administrative fee for civil violation hearings as outlined in Implementing Order 4-33. The CITY shall also be responsible for reimbursing the COUiv'TY for any attomey's fees and costs, including the costs of transcripts and clerical costs, incurred in such proceedings. The billing for the administrative fee and any incurred attorney's fees and costs shall be processed by the Miami -Dade Police Department, and funds shall be payable to the Miami -Dade Police Department within thirty (30) days of receipt of an invoice for such services. Funds received by the Miami -Dade Police Department from the CITY will be deposited into the Miami -Dade County Diversion Program, except that a portion of the funds received from the CITY may be used to offset costs incurred by the Miami -Dade Police Department in connection with billing for the above fee and costs. In addition, the CITY shall bear all costs relating to any subsequent appeal of the Hearing Officer's decision to the Circuit Court of the Eleventh Judicial Circuit and/or any higher court, and shall be solely responsible for representing the CITY in any such proceedings. IV. AMOUNT OF REVENUE REIMBURSABLE TO THE CITY FROM TEE FINE Subject to applicable state law, the Clerk of Courts shalt, on a quarterly basis, reimburse to the CITY the fines collected from the issuance of civil violation notices for violations of the 3 Specified Sections as set forth in section 8CC-10 of the County Code. Prior to the reimbursement, the Clerk of Courts will deduct the Clerk's administrative costs of processing the civil violation notices from the fines collected. Should the violator opt to enter the Miami -Dade County Diversion Program as set forth ir. Implementing Order 2-12, the Clerk shall pay to the COUNTY, and the COUNTY shall keep, the entire processing fee paid by the violator. V. TERIN1 OF AGREEMENT AND RENEWALS This Agreement shall be in full force and effect from the date of the final execution by either party and shall continue for three (3) years. At the expiration of the three (3) year period, in order for the CITY to continue its enforcement efforts, the COUNTY and the CITY may renew this Agreement for up to three (3) terms of three (3) years each. VI. INDEMNIFICATION OF THE COUNTY Subject to the limitations set forth in section 768.28, Florida Statutes, and all other applicable laws, the CITY shall indemnify and hold harmless the COUNTY from and for any losses, claims, causes of action, or damages of any nature whatsoever, arising from the act, omission, performance, or failure of performance of the CITY or the CITY's agents, contractors, servants, and employees relative to the enforcement of the provisions of the Specified Sections pursuant to chapter 8CC of the County Code. For any such matter, the CITY shall defend the COUNTY in any action, including any action in the name of the COUNTY. VI1. DEFAULT A. Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "CITY Default." If a CITY Default should occur, the COUNTY shall have all the following rights and remedies which may be exercised singly or in combination: 4 l . The right to declare that this Agreement together with all rights granted to the CITY thereunder are terminated, effective upon such date as is designated by the COUNTY. Provided, however, that the COUNTY shall give CITY a period of thirty (30) days after receipt of the written notice from the COUNTY of said default to cure any CITY Default unless the COUNTY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the CITY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the COUNTY's satisfaction, then it shall be deemed that no CITY Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. B. Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "County Default." If a County Default should occur, the CITY shall have all of the following rights and remedies which it may exercise singly or in combination: I. The right to declare that this Agreement together with all rights granted to the COUNTY thereunder are terminated, effective upon such date as is designated by the CITY. Provided, however, that the CITY shall give the COUNTY a period of thirty (30) days after receipt of written notice from the CITY of said default to cure any County Default unless the CITY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the COUNTY commences reasonable efforts M to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the CITY's reasonable satisfaction, then it shall be deemed that no County Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. VIII. TERMII\ATION Notwithstanding the above, this agreement may be terminated by either the COUNTY or the CITY upon thirty (30) days' written notice. IX. GO%'ER%41NG LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the COL,NTY and the CITY for any such controversy arising Eom or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. X. ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The COUNTY and the CITY agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the COUNTY and the CITY as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further R agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered, or amended only by a written amendment duly executed by both the COUNTY and the CITY and their authorized representatives. XI. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. XII. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the COUNTY and the CITY any rights or remedies under or by reason of this Agreement. XIII. REPRESENTATION OF THE ENFORCEMENT ENTITY The CITY represents that: (i) this Agreement has been duly authorized, executed, and delivered by the governing body of the CITY or its designee; and (ii) it has the required power and authority to perform this Agreement XIV. REPRESENTATION OF COLTITY The COUNTY represents that. (i) this Agreement has been duly authorized, executed, and delivered by the governing body of the COUNTY or its designee; and (ii) the COUNTY has the required power and authority to perform this Agreement. XV. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall 7 impair such right or shall be construed to be a waiver thereof. Any µ aiver shall be limited to the particularr right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. XVI. INVALIDITY OF PROVISIONS, SEVERaBILITY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. XVIL NOTICE Notices to the CITY shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to: CITY Arthur Noriega V, City Manager City of Miami 444 SW 2'4 Ave, 10'h Floor Miami, Florida 33128 with copy to: CITY Attorney Victoria Mendez, City Attorney City of Miami 444 SW 2"d Ave, Ste Floor Miami, Florida 33128 Notices to the COUNTY shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to: 0 ;Miami -Dade County Mayor Miami -Dade County Stephen P. Clark Center 1 I N.W. 1st Street, 29th Floor Miami, FL 33128 with copy to: Miami -Dade County Attorney Miami -Dade County Stephen P. Clark Center I I I N.W. 1st Street, 28th Floor Miami, FL 33128 Or such other respective address as the COUN IY and the CITY may designate to each other in writing from time to time. XVIII COUNTERPARTS :AND ELECTRO`iIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whuse name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. XIX. PUBLIC RECORDS. A. The COUNTY and the CITY understand that the public shall have access, at all reasonable times, to all documents and information pertaining to this Agreement, subject to the provisions of Chapter 119, Florida Statutes, and agree to allow access by the other party and the public to all documents subject to disclosure under applicable laws. A parry's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the other party. 0 B. Each party shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily- and necessarily would be required by the Parties regarding the performance of the Services; (2) provide the public with access to public records on the same terms and conditions as the City or the Trust, as the case may be, would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the other party all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records to the the other party in a format compatible with the other party's information technology systems. C. Should one of the Parties hereto determine to dispute any public access provision required by Florida Statutes, then that party shall do so at its own expense and at no cost to the other party. IF THE COUNTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords@miamigov.com, or regular email at City of Miami Office of the City Attomey, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. IN WITNESS "'HEREOF, the COUNTY and the CITY hereto have set their hands and seals the day and year first above written. 10 MIANII-DADE COUNTY /,' el 4 08/17/2020 for Carlos A. Gimenez, Mayor Date MAURTF L KEPAP ATTEST: 11-GAUL (TY, FL Nfiami-Daoi County, Flom **� APPRO D AS TO FORM AND LEGAL SLIP F ENCY: 8/11 /2020 Assistant County Attorney Date Miami -Dade County, Florida 11 ATTEST: Todd B. Hann Cit Jerk __.. APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,Fa4A4.4 /_ 7 6 Victoria )dez City Attorney (20-857 - GKN%') 12 "CITY" CITY OF MIAMI, a municipal corporation of Florida By: rthru orie , City Manager APPROVED AS TO INSURANCE REQUIREMENTS: t Ann .'Marie Sharpe Risk Management Director