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HomeMy WebLinkAboutExhibit 1INTERLOCAL AGREEMENT This Interlocal Agreement is entered into this day of 2013 by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as the 'County"), and City of Miami, a municipality within Miami -Dade County, Florida (hereinafter referred to as the "City"); WITNESSETH WHEREAS, by Ordinance Number 94-38, Miami -Dade County extended to all municipalities within Miami -Dade County recourse to the civil violation enforcement process contained within Section 8CC of the Code of Miami -Dade County, Florida; and WHEREAS, that ordinance requires as a condition precedent to allowing such access that the City and the County enter into a mutually satisfactory interlocal agreement outlining, among other things, their relative rights and responsibilities in connection with such enforcement and related hearing process; and WHEREAS, the City and the County wish to participate in this process subject to the terms and conditions of this Interlocal Agreement more particularly set forth below; NOW THEREFORE the parties hereto agree as follows: s- iok3 1 I. CITY AND COUNTY RESPONSIBILITIES 1. The City shall enforce the applicable provisions of the Code of Miami -Dade County set forth in Exhibit A by operation of this Interlocal Agreement. 2. Attached hereto as Exhibit B is a true and correct list of all individuals authorized to perform the enforcement functions contemplated by this Agreement (hereinafter referred to as the "Police Officer"). The title and job description for each such individual is also set forth in Exhibit B. The City shall be responsible for maintaining Exhibit B current at all times by communicating to the County any and all updates, additions and subtractions from each list. The City represents and warrants to the County that the individuals described in Exhibit B are, where required, properly licensed and qualified to perform the enforcement services contemplated hereunder, and that they are to perform these services. The County reserves the right to set minimum education, training, and background check requirements to be met by Police Officer. 3. The City, through its Police Officers, shall be authorized and required to perform within the City any and all functions of the Police Officer set forth in Section 8CC of the Code of Miami -Dade County, a copy of which is attached hereto as Exhibit C and incorporated herein by this reference, as the same may be amended from time to time, including but not limited to issuing civil violation notices, serving, posting and otherwise notifying the alleged violator, and appearing and testifying at any and all administrative and other hearings related to an appeal of the violation. 2 4. The City shall maintain any and all records of violation and notice, and all required documentation required to uphold the findings of the Police Officer, including but not limited to reports, photographs, and other substantial competent evidence to be utilized at any administrative or other hearing challenging the actions of the Police Officers. Such records and other documentation shall be compiled and maintained so that such records may be quickly referred to in connection with any such hearing. 5. The City shall provide such clerical and administrative personnel as may be required for the performance of any of the functions of the City as set forth in this Interlocal Agreement. 6. The City shall defend its own citations in any and all administrative hearings relating to those citations, and in any and all actions in court relating to such citations, including all appeals of administrative hearings, and shall provide its own counsel, at City's cost, to represent the City in all proceedings. The City shall be responsible for paying for any and all costs of transcription which it incurs, in connection with any and all such hearings. 7. The County shall provide hearing officers, hearing rooms, and such other clerical and administrative personnel as may be reasonably required by each hearing officer for the proper performance of his or her duties. 8. Attached hereto as Exhibit D is Administrative Order 2-5 of Metropolitan Dade County (the "Order"). The City agrees to be bound to the full extent as required of a Department in the Order, except it shall only be authorized to enforce those provisions of the Code set forth in Section 1 of this Interlocal Agreement. The reference to the County Attorney contained in Section 6 of the Department's Responsibilities shall be understood to refer to the City Attorney for purposes of this Interlocal Agreement. 9. After deduction of actual administrative costs and expenses, as defined in the Order, the County Clerk, with the concurrence of the County Budget Director, shall annually return to the City, the remainders of retained original fines, in the same fashion as these fines are returned to a non -general fund issuing department of the County. 10. The County shall be entitled to audit any and all records of the City maintained in connection with this Interlocal Agreement. 11. Either party may terminate this Agreement in the event that the other party commits a material breach. 12. This Interlocal Agreement shall be in effect for a period of one year following its date of execution and shall be automatically renewed for two successive periods of one year each, unless 60 days prior to its term, or extended term, either party signifies to the other its intent not to renew this agreement. This agreement shall not be extended beyond the term of three years. 13. Subject to the limitations contained in Section 768.28 of the Florida Statutes, the City shall indemnify and save the County harmless from and against any and all liability, actions and causes of action relating to the municipality's enforcement of the provisions of Chapter 8CC. 14. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY MIAMI-DADE COUNTY, a political subdivision of the State of Florida By: Assistant County Attorney Carlos A. Gimenez County Mayor ATTEST: Harvey Ruvin, Clerk By: As Deputy Clerk City of Miami, a political subdivision of the State of Florida By: Johnny Martinez City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ATTEST: Julie O. Bru City Attorney Calvin Ellis Risk Management 5 Todd B. Hannon City Clerk EXHIBIT A CHAPTER 4, PERTAINING! TO AMBULANCES AND NONEMERGE? :Y VEHICLES CHAPTER 31, ARTICLES I LIMOUSINES, PASSENGER CARRIERS THROUGH VI, PERTAINING TO TAOCA1i3S, MOTOR CARRIERS, CHAUFFEURS, AND TTS ' SECTION 30-371 TO 372 PERTANTNG TO PRIVATE SCHOOL BUSES THESE PROVISIONS ARE AVIILABLE AT w vrw,murucode.com EXATBIT B I. Na.rnes and job titles of all employees of municipality authorized to perform the applicable enforcement functions: ame of employee authorized to perform applicable enforcement functions Job Title of municipal employee "Joe Smith" Police Officer MIAMI DADE COUNTY PASSENGER TRANSPORTATION REGULATORY DIVISION (PTRD) CITY OF MIAMI POLICE DEPT. CERTIFIED POLICE OFFICERS NAME RODRIGUEZ,DANIA RAHMING, RONALD (SGT) SMALL, ORVILLE DIAZ, RICHARD CASTELL, STEVEN (SGT) TORRES, FRANCISCO ACUNA, JOSE HENRIQUEZ, JESSE CISNERO, DAVID PATRICK, CARL AGULAR, JORGE ALFONSO, LAZARO (SGT) CARPENTER, JOHN DAHLE, JODY DELGADO, FELIX DE LOS SANTOS, DANIEL GARDNER, CRAIG IBM UNIT 6177 5861 6540 1475 938 7137 28 2976 1066 5534 53 90 867 1318 1414 1471 2206 CORAL WAY AUTO THEFT CENTRAL ADMIN TRAINING BOMB SQUAD CORAL WAY CORAL WAY DOMESTIC VIOLENCE LITTLE HAITI OVERTOWN MODEL CITY RECRUITMENT MODEL CITY DOWNTOWN BEATS ALLAPATTAH NRO ALLAPATTAH COCONUT GROVE JACOBSON, DENNIS (SGT) JESURUM, JACKIE GILBERT, RAYNARD LAZCANO, JORGE (SGT) GARCIA, MADELIN (SGT) LOO, JORGE MARSHALL, JAMES (SGT) MARKOWITZ, ANDREW RODRIGUEZ, RAYNIER GILET, KELER REYES, ANTHONY AYALA, OMAR WILLIAMS, KEVIN VANEGAS, YAOSCA ROBINSON, ROBERT MILLIGAN, ROSHAN NEW, MICHAEL DOMINGUEZ, ZULEMA HERRERA, JOSUE ERIGOYEN, JUAN CARLOS MELANCON, LOUIS 3359 3422 2294 3982 3988 4062 4367 4379 5966 27069 27082 27228 27426 27429 27430 27440 27511 27887 27890 27907 4735 TRAINING DOWNTOWN BEATS DOWNTOWN BEATS DOWNTOWN BEATS COMMUNICATION DOWNTOWN WYNWOOD CORAL WAY DOWNTOWN BEATS SVU HOMICIDE WYNWOOD TACTICAL ROBBERY SVU RECRUITMENT MODEL CITY PST OVERTOWN LITTLE HAVANA PST WYNWOOD ENFORCEMENT MAJOR SOS FUNDORA, JESUS 2137 SPECIAL EVENTS PEREZ, ANTHONY 5580 IA WEINSTEIN HEIDI 7472 SPECIAL EVENTS MERCED, ORLANDO 4725 TACTICAL ROBBERY LOVETT, MILTON 4184 DOMESTIC VIOLENCE JONES, YOLANDA 6254 TRAINING PAULINO-LAJARA, ARISTIDES 5536 ALLAPATTAH GARCIA, MARIO 2183 LITTLE HAVANA GUERRA, JORGE 2600 FLAGAMI VISNEY, THOMAS (SGT) 7284 FLAGAMI ARMENTEROS, MAGDIEL (SGT) 197 FLAGAMI LEMUS, ROY 3942 SIS THOMPSON, DINO 7024 TRAFFIC HOMICIDE GOURRIER, PAUL 2446 COMMUNITY RELATIONS DUNCAN, TINA 1596 WYNWOOD PASTOR, JENNIFER 2157 ROBBERY VEGA, MICHAEL 7314 ENFORCEMENT BENITEZ, ORLANDO 382 IA SANCHEZ, JORGE 6255 ENFORCEMENT FREIRE, JOAQUIN 2101 ENFORCEMENT SANABRIA, JORGE 6256 ENFORCEMENT PEREZ, ANTHONY 5580 IA LOPEZ, EMILIO 4120 HIT & RUN GROSSMAN, JAY 2559 ENFORCEMENT AMATO, GLADYS (LT) 4036 PROPERTY BALBUENA, FRANCISCO 243 COMMUNITY RELATIONS BASAURE, PATRICIO 289 K-9 BEHAR, JOSE (SGT) 329 SPECIAL EVENTS BORROTO, RAFAEL 503 AVIATION CASTILLO, JORGE 941 ENFORCEMENT COLLIER, GREG 1134 DOWNTOWN BEATS CRUZ, SANTIAGO 1273 TRAINING DIAZ, ALCIDES 1460 COCONUT GROVE DIAZ, ANTONIO (LT) 1441 LABOR RELATIONS FRADE, ALEJANDRO 2030 DOWNTOWN FOLGUEIRA, JACKIE (SGT) 1995 ROBBERY GONZALEZ, JORGE 2448 COCONUT GROVE HERNANDEZ, JOSE 3024 CORAL WAY HERNANDEZ, RICARDO 3010 DOWNTOWN BEATS LOUIS, ROMA 1568 LITTLE HAITI MACHADO, STEVEN 4255 TRAINING MARKS, TIMOTHY 4376 OVERTOWN MEDINA. MARIO (LT) OLIVA, ALEJANDRO (LT) REYES, MISAEL (SGT) CARBANA, MARTHA (SGT) ROJAS, JOSE SALAS, HERMINIA (SGT) SANCHEZ, RUBEN (SGT) TORRES, ANTONIO VELAZCO, JUAN (SGT) VERA, JUAN WILSON, SARDIA MERCADO, HERIBERTO LAWRENCE, WAYNE TOURINO, JESUS SMITH, ERIK (SGT) MENDEZ, WANDA 4694 TRAINING 5366 TRAFFIC HOMICIDE 5978 SOUTH ADMIN 6157 CID 5976 SVU 268 IA 6213 DOWNTOWN BEATS 7132 CORAL WAY 7317 RECORDS UNIT 7292 SPECIAL EVENTS 7732 UPPER EASTSIDE 4724 ALLAPATTAH 3896 DOWNTOWN BEATS 7144 DOWNTOWN 6543 LITTLE HAITI 5831 DOWNTOWN NRO Exhibit C Miami -Dade County, Florida, Code of Ordinances PART III, CODE OF ORDINANCES CHAPTER BCC — CODE ENFORCEMENT Copies to be provided with final document. Exhibit D Administrative Order Administrative Order No.: 2-5 tftiMigtitKOC"'"'t: Ordered: 7/25/2000 AUTHORITY: Effective: 6/4/2000 Section 4.02 of the Miami -Dade County Home Rule Amendment and Charter, and Chapter BCC, Code of Miami -Dade County. SUPERSEDES: This Administrative Order supersedes Administrative Order 2-5 ordered May 25, 1999, and effective June 4, 1999. POLICY: It shall be the policy of Miami -Dade County to foster compliance with the ordinances passed by the Board of County Commissioners, as embodied in the Code of Miami - Dade County (hereinafter referred to as the "Code") by encouraging its Code Inspectors to utilize available enforcement mechanisms, including the issuance of Uniform Civil Violation Notices ("CVNs"), to attain this goal. It shall also be the policy of Miami -Dade County to recover enforcement fines levied, administrative hearing and enforcement costs incurred by the departments involved in code enforcement activities, and accrued interest by utilizing administrative settlement and lien procedures. ENFORCEMENT PROCEDURE FOR MUNICIPALITIES: Municipalities within Miami -Dade County shall be entitled to utilize the applicable provisions of Chapter BCC within their municipal boundaries by entering into an interlacal agreement with Miami -Dade County which shall contain, at a minimum, the following: 1. The section or sections of the Code as listed in Section 8CC-10, which the municipality wishes to enforce through this chapter. 2. The job title of the agents or employees of the municipality authorized to perform the enforcement functions and the number of agents or employees so authorized. 3. The amount reimbursable to Miami -Dade County for administrative costs relating to the conduct of hearings on appeals from CVNs issued by the municipality, including, but not limited to, attorney's fees and costs, costs of transcription and clerical costs. 4. The amount of revenue reimbursable to the municipality from any fine collected pursuant to the issuance of a CVN. 5. An agreement to indemnify and save the County harmless from and against any and all liability, actions and cause of action relating to the municipality's utilization of the provisions of Chapter 8CC and the Code of Miami -Dade County, if applicable. 6. A term not to exceed three years. The County reserves the right to set minimum education, training and background check requirements to be met by municipal employees or agents enforcing the Code. Furthermore, the County shall provide oversight and auditing authority in order to withdraw delegation if it is determined that the municipality is improperly enforcing the code. Any appeals to the Circuit Court or beyond from CVNs issued by a municipality shall be handled by that municipality and its legal staff. HEARING OFFICERS: Passage of Ordinance No. 85-33 created and established a code enforcement position to be filled by Hearing Officers. The County Manager, or his designee, shall prepare and submit for ratification to the Clerk of the Board of County Commissioners a list of qualified candidates nominated for appointment as Hearing Officers pursuant to the provisions of Section 8CC-2 of the Code. Compensation for Hearing Officers shall be $ 50.00 per hour up to a maximum of $400.00 per day. DEPARTMENTS' RESPONSIBILITIES: Code Enforcement department directors, or their designees, shall be responsible for the following: 1. Prior to being provided the authority to initiate enforcement proceedings under Section 8CC-3(a) of the Code, a Code Inspector shall be required to successfully complete a "Triple 1" criminal background check, which shall be conducted by the Miami -Dade Police Department at the request of Code Enforcement departments. This background investigation, which consists of a complete computer search of nationwide law enforcement databases, shall include a review of Federal, State and local criminal activity. In addition, driving records shall be reviewed as a part of the initial criminal background check and subsequently on an annual basis. Existing Code Inspectors shall be subject to annual driving record checks and shall be provided with notification of this requirement prior to implementation of this Administrative Order. The "Triple I" background check requirements shall be included in all Code Inspector job announcements. Municipal employees shall also be required to successfully complete a "Triple I" background investigation prior to being provided authority to initiate enforcement proceedings under Chapter 8CC of the Code. 2. Code Inspectors shall enforce the ordinances listed in Section 8CC-10 of the Code within the jurisdiction of their respective departments. 3. Upon issuance of a CVN to a violator, a completed copy of the CVN must be sent to Code Enforcement, County Clerk Division. 4. All original civil penalty payments, continuing civil penalty payments and administrative hearing costs imposed pursuant to the provisions of Chapter 8CC shall be remitted directly to Code Enforcement, County Clerk Division, with a check made payable to the Clerk of the Circuit and County Courts unless the case is the subject of a settlement agreement. 5. For any CVN issued in which a date of correction has been given, or for any case in which a Hearing Officer has set a date of correction (see Sec. 8CC-4(f) of the Code), a Code Inspector must prepare an Affidavit of Compliance or Non - Compliance as appropriate and send a copy to Code Enforcement, County Clerk Division. The Affidavit must indicate whether the violation has been corrected by the date of correction set forth in the CVN or by the Hearing Officer; and, if it has not, the Affidavit must so reflect and must set forth a request that the Hearing Officer issue an Order finding the violator guilty of a continuing violation, if applicable, imposing continuing violation penalties to be effective beginning on the original date of correction and ending at a specified date, and setting forth the total amount of penalties and costs to be paid by the violator. Departments shall be authorized to sign agreements settling civil penalties and liens for amounts less than the maximum continuing penalty, costs and accrued interest. Such agreements shall contain the justification for settlement; the CVN number; the original penalty amount; the settlement amount; the amount collected (indicating full payment or partial payment); and, the signature of the department director, or designee, with notification to Code Enforcement, County Clerk Division. If any penalties have been made the subject of court actions, settlements must also include an approval from the County Attorney's Office, as applicable. Unless otherwise specifically provided in the Code, the department will require the violator to remit the original amount of the ticket and any administrative hearing costs imposed by the Hearing Officer to Code Enforcement, County Clerk Division and will collect the remainder of the settlement amount directly. The departments shall provide to Code Enforcement, County Clerk Division a written settlement form which includes the following information: CVN number, settlement amount, amount received, date received, and record of collection number. If the settlement is Based upon installment payments, the department shall provide the foregoing information for each payment until satisfaction of the agreement. 7. Whenever a violator has corrected a violation but failed to pay the civil penalty, or has failed to correct the violation and pay the civil penalty, or has paid the civil penalty but failed to correct the violation, the departments shall notify the violator of Miami -Dade County's intent to file a lien against the violator's real or personal property. The Notice of Intent to Lien shall offer the violator an opportunity within a specified time period to avoid placement of the lien by executing a settlement agreement which provides for correction of the violation, payment of the original amount of the CVN, payment of continuing penalties, payment of administrative hearing costs where applicable, payment of all enforcement costs incurred by the department and accrued interest. A copy of the Notice of Intent to Lien shall be sent to mortgage holders and may be sent to insurance carriers, credit bureaus and any other parties holding a legal, equitable or beneficial interest in the property. A lien shall be placed on a violator's real or personal property except as provided for herein, if the violator does not respond within the prescribed time period to the Notice of Intent to Lien by correcting the violations and paying all penalties, costs and interest due or executing a settlement agreement and complying with said agreement. The lien document shall make specific reference to the civil violation notice number and the issuing department. The lien shall be recorded in the public records of Miami -Dade County and Code Enforcement, County Clerk Division, shall be notified of same. 9. Departments may offer a payment plan in negotiating settlements prior to or after placement of liens upon written request of the violator and establishment of economic need. In order to insure the department's ability to collect all civil penalties, administrative hearing and enforcement costs and interest due, departments are required to file a lien where possible whenever the violator enters into a payment plan in response to a Notice of Intent to Lien. 10. Upon placement of a lien against real or personal properties, the individual or business entity holding a mortgage on the property and credit bureaus shall be notified of the lien placement by the department. The department may notify insurance carriers and other parties holding a legal, equitable or beneficial interest in the property of the placement of the lien. 11. The department may initiate collection proceedings including, but not limited to, referral to collection agencies and filing of civil suits as warranted in an effort to recover monies owed Miami -Dade County resulting from the issuance of CVNs, 12. For any lien placed against real property pursuant to Chapter BCC or other provisions of the Code which remains unsatisfied one year from the date of recordation of the lien, the departments shall notify the Office of the County Attorney and request mailing of a Notice of Intent to Foreclose. It shall be the responsibility of the County Attorney to initiate foreclosure actions in Circuit Court on non -homestead properties where foreclosure of the property is in the best interest of Miami -Dade County. 13. Upon final payment under a settlement agreement or full payment of a lien, all accrued interest and the costs of lien recordation and satisfaction, the departments shall record a Satisfaction of Lien in the Miami -Dade County public records. The Satisfaction of Lien document shall make specific reference to the civil violation notice number and the issuing department. CODE ENFORCEMENT, COUNTY CLERK DIVISION RESPONSIBILITIES: Code Enforcement, County Clerk Division shall be responsible for the following: 1. Upon receipt of a CVN, a letter will be issued to the violator indicating the amount of the civil penalty and the date by which the penalty is to be paid, advising the violator the date by which the violation must be corrected (if applicable), and providing the deadline date to request an administrative hearing in writing, to appeal the issuance of the CVN. 2. If payment has not been received for a Civil Violation Notice and/or the violation of the Code Section has not been corrected, a second letter will be issued to the violator (where no timely appeal has been filed), indicating the civil penalty, accrued penalty, and the total amount due within 30 days. The violator is further advised that if payment is not received or the violation is not corrected within 30 days, a lien shall be placed against the violator's real or personal property. 3. When an appeal has been filed and the Hearing Officer finds the violator guilty at the Administrative Hearing, a letter shall be sent to the violator ordering correction of the violation (if applicable) and requiring payment of the civil penalty, hearing administrative costs, enforcement costs, accrued penalties, and the total amount to be paid. The violator is further advised that if payment is not received or the violation is not corrected within 30 days, a lien shall be placed against the violator's real and personal property. To appeal a Hearing Officer's Final Order, a Notice of Appeal must be filed in the Circuit Court within the time provided by the Florida Rules of Appellate Procedure. 4. If within five days prior to the hearing date a violator requests in writing that a hearing be rescheduled, Code Enforcement, County Clerk Division, will automatically advise the department in writing. The affected department will then either agree or object to the continuance request. 5. Upon receipt of the Mandate from the Circuit Court, pertaining to an appeal of a Hearing Officer's Final Order, where the County is the prevailing party, a letter will be issued to the violator indicating the amount of the civil penalty, administrative costs, and enforcement costs are due and payable within ten (10) days. The violator is further advised that if payment is not received or the violation is not corrected within ten (10) days, a lien shall be placed against the violator's real or personal property. 6. When appropriate, a Satisfaction of Lien will be filed in the Miami -Dade County public records. 7. Management information reports will be generated monthly for distribution, sequenced by department and badge number, indicating citations paid, citations complied with, and citations not complied with. 8. A report will be generated on an annual basis, by department, detailing outstanding violations for the previous year. 9. A report will be generated, and distributed for each department, providing the estimated cost reimbursement deduction on an ongoing basis. DEPARTMENT SUPPLEMENTAL COSTS: Department supplemental costs shall mean certain administrative costs incurred by using departments while processing continuing violations and levying liens and expenses incurred in collection efforts. Department supplemental costs are not provided for under Chapter 8CC and can only be levied or collected if authorized by other statutory Code provisions, administrative order or County Commission approval. ADMINISTRATIVE REIMBURSEMENT: In order to cover the actual administrative expenses incurred by the County Clerk Division in supporting the Code Enforcement system, the County Clerk shall retain all original fines and administrative hearing costs assessed by a Hearing Officer. After deduction of actual administrative expenses, the County Clerk, with concurrence of the Budget Director, shall annually return to non -general fund issuing departments on a prorated basis the remainder of retained original fines. The continuing penalties, enforcement costs and department supplemental costs collected which are not the result of a settlement agreement shall be distributed to non -general fund issuing departments on a quarterly basis. CLOSURE OF CASES: Cases may be closed in the following circumstances: 1. Where the civil penalty is paid and the violation corrected (if applicable). 2. Were the department has settled with the violator, pursuant to this Administrative Order. 3. Were the department voids the CVN. 4. Were the Hearing Officer finds the named violator not guilty and no appeal is taken by the County or issuing municipality. 5. Where there is a final settlement, judgment, order or other resolution of a case by a court of competent jurisdiction. This Administrative Order is hereby submitted to the Board of County Commissioners of Miami -Dade County, Florida. M. R. Stierheim County Manager City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 09-01327 Enactment #: R-09-0571 Version: 1 Type: Resolution Introduced: 11/19/09 Status: Passed Enactment Date: 12/17/09 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, FOR A PERIOD OF ONE (1) YEAR, WITH AUTOMATIC RENEWALS FOR TWO (2) SUCCESSIVE PERIODS OF ONE (1) YEAR EACH, FOR THE PURPOSE OF THE CITY OF MIAMI'S CONTINUED PARTICIPATION IN THE ENFORCEMENT OF FOR -HIRE TRANSPORTATION REGULATIONS. WHEREAS, pursuant to Resolution No. 06-0174, adopted March 23, 2006, the City of Miami ("City") and Miami -Dade County entered into a three (3) year Interlocal Agreement, on June 21, 2006, which authorized the City to enforce the for -hire transportation regulations; and WHEREAS, said Interlocal Agreement has terminated; and WHEREAS, the City desires to continue participating in the enforcement of for -hire transportation regulations, via a renewed Interlocal Agreement that authorizes the City to enforce specific Sections and Articles of Chapters 4 and 31 of the Code of Miami -Dade County, which encompasses taxicabs, limousines, passenger motor carriers, special transportation service, ambulances, non -emergency vehicles and private school buses; 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 authorized (1 } to execute an Interlocal Agreement, in substantially the attached form, with Miami -Dade County, for a period of one (1) year, with automatic renewals for two (2) successive periods of one (1) year each, for the purpose of the City's continued participation in the enforcement of for -hire transportation regulations. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.(2) City of Miami Page 1 Printed on 3/18/2013 Carlos Alvarez, Mayor FEB 1 js 202 Chief Miguel A. Exposito City of Miami Police Department 400 NW 2nd Avenue Miami, FL. 33128 Dear Chief Exposito: Consumer Services Department Office of the Director 140 West Flagler Street, Suite 903 Miami, Florida 33130-1561 T 305-375-1250 F 305-372-6308 consumer@miamidade.gov www.miamidade.gov/csd miamidade.gov E C V - -� FEB 1 9 2910- DEPUTY CHIEF ADMINISTRATION DIV Enclosed is a fully executed copy of an agreement between Miami -Dade County and the City of Miami relating to the enforcement of for -hire chauffeur regulations. We are very pleased to be working with members of the City of Miami Police Department. Please do not hesitate to contact me in the event you have any questions or concerns. Director CGP:nkp RECEIVED FEB 19 2010 BUSINESS MANAGEMENT SECTION Enclosure c: Mr. Pedro G. Hernandez, City Manager, City of Miami Joe Mora, Director, Passenger Transportation Regulatory Division RE -.: EIVED FEB 16 2010 LEGISLATION DETAIL Office of the Chief of Police Miami, Fla FEB 17 2010 INTERLOCAL AGREEMENT This Interlocal Agreement is entered into this aG day of 209g La by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "County"), and the City of Miami, a municipality within Miami -Dade County, Florida (hereinafter referred to as the "City"); • WITNESSETH WHEREAS, by Ordinance Number 94-38, Miami -Dade County extended to all municipalities within Miami -Dade County recourse to the civil violation enforcement process contained within Section 8CC of the Code of Miami -Dade County, Florida; and WHEREAS, that ordinance requires as a condition precedent to allowing such access that the City and the County enter into a mutually satisfactory interlocal agreement outlining, among other things, their relative rights and responsibilities in connection with such enforcement and related hearing process; and WHEREAS, the City and the County wish to participate in this process subject to the terms and conditions of this Interlace! Agreement more particularly set forth below; NOW THEREFORE the parties hereto agree as follows: 1 I. CITY AND COUNTY RESPONSIBILITIES 1. The City shall enforce the applicable provisions of the Code of Miami -Dade County set forth in Exhibit A by operation of this Interlocal Agreement. 2. Attached hereto as Exhibit B is a true and correct list of all individuals authorized to perform the enforcement functions contemplated by this Agreement (hereinafter referred to as the "Code Inspectors"). The title and job description for each such individual is also set forth in Exhibit B. The City shall be responsible for maintaining Exhibit B current at all times by communicating to the County any and all updates, additions and subtractions from each list. The City represents and warrants to the County that the individuals described in Exhibit B are, where required, properly licensed and qualified to perform the enforcement services contemplated hereunder, and that they are to perform these services. The County reserves the right to set minimum education, training, and background check requirements to be met by Code Inspectors. 3. The City, through its Code Inspectors, shall be authorized and required to perform within the City any and all functions of the Code Inspector set forth in Section 8CC of the Code of Miami -Dade County, a copy of which is attached hereto as Exhibit C and incorporated herein by this reference, as the same may be amended from time to time, including but not limited to issuing civil violation notices, serving, posting and otherwise notifying the alleged violator, and appearing and testifying at any and all administrative and other hearings related to an appeal of the violation. 2 4. The City shall maintain any and all records. of violation and notice, and all required documentation required to uphold the findings of the Code Inspector, including but not limited to reports, photographs, and other substantial competent evidence to be utilized at any administrative or other hearing challenging the actions of the Code Inspectors. Such records and other documentation shall be compiled and maintained so that such records may be quickly referred to in connection with any such hearing. 5. The City shall provide such clerical and administrative personnel as may be required for the performance of any of the functions of the City as set forth in this Interlocal Agreement. 6. The City shall defend its own citations in any and all administrative hearings relating to those citations, and in any and all actions in court relating to such citations, including all appeals of administrative hearings, and shall provide its own counsel, at City's cost, to represent the City in all proceedings. The City shall be responsible for paying for any and all costs of transcription which it incurs, in connection with any and all such hearings. 7. The County shall provide hearing officers, hearing rooms, and such other clerical and administrative personnel as may be reasonably required by each hearing officer for the proper performance of his or her duties. 8. Attached hereto as Exhibit D is Administrative Order 2-5 of Metropolitan Dade County (the "Order"). The City agrees to be bound to the full extent as required of a Department in the Order, except it shall only be authorized to enforce those provisions of the Code set forth in Section .1 of this lnterlocal Agreement. The reference to the County Attorney contained in Section 6 of the Department's Responsibilities shall be understood to refer to the City Attorney for purposes of this Interlocal Agreement. 9. After deduction of actual administrative costs and expenses, as defined in the Order, the County Clerk, with the concurrence of the County Budget Director, shall annually return to the City, the remainder of retained original fines, in the same fashion as these fines are returned to a non -general fund issuing department of the County. 10. The County shall be entitled to audit any and all records of the City maintained in connection with this Interlocal Agreement. 11. Either party may terminate this Agreement in the event that the other party commits a material breach. 12. This Interlocal Agreement shall be in effect for a period of one year following its date of execution and shall be automatically renewed for two successive periods of one year each, unless 60 days prior to its term, or extended term, either party signifies to the other its intent not to renew this agreement. This agreement shall not be extended beyond the term of three years. 13. Subject to the limitations contained in Section 768.28 of the Florida Statutes, the City shall indemnify and save the County harmless from and against any and all liability, actions and causes of action relating to the municipality's enforcement of the provisions of Chapter 8CC. 14. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Risk Manageme t D' isl.icn AJJA 0 MIAMI-DADE COUNTY, a political subdivision of the State o.6 •rida By: George M. Burgess Co 4 my Manager Ruvin, Clerk B uty Clerk • L." J • ;. • i •© iami, a political subdivi'on of the State o n 6fifi Bv: ATTEST: o G. Hernande City Manager Florida 5 Carlos Alvarez, Mayor TJJL 3 1 2009 Chief John F. Timoney City of Miami Police Department 400 NW 2 Avenue Miami, FI 33128 RE: Interlocal Agreement Renewal Dear Chief Timoney: Consumer Services Department Office of the Director 140 West Flagler Street, Suite 903 Miami, Florida 33130-1561 T 305-375-1250 F 305-372-6308 consumer®miamidade.gov www.miamidade.gov/csd RECEIVED AUG 1 12009 BUSINESS MANAGEMENT SECTION miamidade.gov ECEHE AUG - 6 2009 ASSISTANT CHIEF ADMINISTRATION DIV The City of Miami (City) and Miami -Dade County (County) over the past ten years has jointly participated in the enforcement of for -hire transportation regulations through the signing of an Interlocal Agreement. That Agreement expired on June 21, 2009, therefore, to continue this venture between the City and the County a renewal agreement is enclosed for your review. On June 21, 2006, the City and the County entered into this Interlocal Agreement which authorized the City to enforce specific sections and articles of Chapter 4 and 31 of the Code of Miami -Dade County (Code). Historically, the two municipalities have had thls joint agreement in place since 1998. County staff prepared a new Interlocal Agreement under the same terms and conditions as previous others, for a one-year term, with a two (2) year automatic renewal clause unless otherwise notified. The Agreement authorizes the City to continue to enforce for -hire chauffeur regulations. Exhibit A outlines the various provisions of the County Code relating to for -hire transportation, inclusive of Chapter 31 which encompasses taxicabs, limousines, passenger motor carriers and special transportation service transportation. Additionally, Exhibit A includes Article III, Chapter 4 of the Code relating to non -emergency vehicles and Section 30-371-372 pertaining to private school buses. Upon the City's concurrence, please return four (4) executed•copies of the attached Interlocal Agreement to this office. The County Manager will provide his signature and a fully executed document will be forwarded to the City for their records. County staff will continue coordination with the City of Miami's Police Department. Should you have any.questions or concerns please do not hesitate to contact this office at 305 375-5952. We appreciate the assisfance the City has provided us throughout the years and look forward to continued service in this area of enforcement. Sincerely,, Cathy Grimes Pe Director Enclosures C: Alex Munoz, Assistant County Manager, CEO Gerald Sanchez, County Attorney's Office Mario Goderich, Deputy Director, Consumer Services Department Joe Mora, Director, Passenger Transportation Regulatory Division 8mi, F to AUG= 0 5 2009 RECEIVED EXHIBIT A CHAPTER 4, PERTAININGI TO AMBULANCES AND NONEMERGEI T:Y VEHICLES CHAPTER 31, ARTICLES 1 LIMOUSINES, PASSENGER CARRIERS THROUGH VI, PERTAINING TO TAXICA;3S, MOTOR CARRIERS, CHAUFFEURS, AND t TS SECTION 30-371 TO 372 PERTIINING TO PRIVATE SCHOOL BUSES THESE PROVISIONS ARE AV2JLABLE AT vrww.municode.corn EXHIBIT B . I. Names and job titles of all employees of municipality authorized to perform the applicable enforcement functions: Name of employee authorized to perform applicable enforcement functions Job title of municipal employee ACUNA, J. Police Officer AGULAR, J. Police Officer ALFONSO, L. Police Sergeant AMATO, G. Police Lieutenant ARMENTEROS, M. Police Officer AYALA, O. Police Officer BALBUENA, F. Police Officer BASAURE, P. Police Officer BEHAR, J. Police Sergeant BENITEZ, 0, Police Officer BORROTO, R. • Police Officer BROWN, C. Police Sergeant CARBANA, M. Police Sergeant CARPENTER, J. Police Officer CARR, B. Police Officer CASTELL, S. Police Sergeant CASTILLO, J. Police Officer CISNERO, D. Police Officer COLLIER, G. Police Officer CROUGHVVELL, E. Police Lieutenant CRUZ, S. Police Officer DAHLE, J. Police Officer DE LOS SANTOS, D. Police Officer DELGADO, F. Police Officer DIAZ, A. Police Officer DIAZ, Al. Police Sergeant DIAZ, R. Police Officer DOMINGUEZ, Z. Police Officer DUNCAN, T. Police Officer EALEY, W. Police Officer ERIGOYEN, J. C. . Police Officer FOLGUEIRA, J. Police Sergeant FRADES, A. Police Officer FREIRE, J. Police Officer FUNDORA, J. Police Officer GARCIA, M. Police Officer GARCIA, M. Police Officer GARDNER, C. Police Officer GILBERT, R. Police Officer GILET, K. Police Officer t GLASKO, J. Police Officer GONZALEZ, J. Police Officer GOULBOURNE, I. Police Officer GOURRIER, P. Police Officer GROSSMAN, J. . , Police Officer GUERRA, J. ) Police Officer GUNDERMAN, B. Police Lieutenant GUTIERREZ, A. Police Officer HENRIQUEZ, J. Police Officer HERNANDEZ, J. Police Officer HERNANDEZ, R. Police Officer HERRERA, J. Police Officer JACKSON, VI. Police Officer JACOBSON, D. Police Sergeant JESURUM, J. Police Officer JONES, Y. Police Officer LAWRENCE, W. Police Officer LAZCANO, J. Police Sergeant 1 LEMUS, R. Police Officer LOO, J. Police Officer LOPEZ, E. Police Officer LOSA, A. Police Officer LOUIS, R. Police Officer LOVETT, M. Police Officer MACHADO, S. Police Officer MARKOWITZ, A. Police Officer MARKS, T. Police Officer MARSHALL, J. Police Sergeant MEDINA, M. Police Lieutenant MELANCON, L. Police Officer MENDEZ, W. Police Officer MERCADO, H. Police Officer MERCED, O. Police Officer MILLIGAN, R. Police Officer NEW, M. Police Officer OLIVA, A. Police Lieutenant PASTOR, J. Police Officer PATRICK, C. Police Officer PAULINO-LAJARA, A. Police Officer PEREZ, A. Police Officer RABASA, A. • Police Officer RAHMING, R. Police Sergeant REVILLA, R. Police Officer REYES, A. Police Officer REYES, M. Police Sergeant ROBINSON, R. Police Officer RODRIGUEZ, R. Police Officer RODRIGUEZ,D. Police Officer ROJAS, J. Police Officer ROMAN, J. Police Officer ROMERO, P. Police Officer ROQUE, R. Police Lieutenant SALAS, H. Police Sergeant SANABRIA, J. Police Officer SANCHEZ, J. Police Officer SANCHEZ, R. Police Sergeant SANTIAGO, O. Police Officer SMALL, O. Police Officer SMITH, E. Police Sergeant THOMPSON, D. Police Officer TORRES, A. Police Officer TORRES, F. Police Officer TOURINO, J. Police Officer VANEGAS, Y. Police Officer VEGA, M. Police Officer VELAZCO, J. Police Sergeant VERA, J. Police Officer VISNEY, T. Police Sergeant WEINSTEIN, H. Police Officer WILLIAMS, K. Police Officer WILSON, S. _ Police Officer II. Job description for all employees of municipality authorized to perform the applicable enforcement functions: In addition to the required patrol duties, sworn personnel through the Passenger Transportation Regulatory Division (PTRD) training are able to enforce the for -hire chauffeur regulations including but not limited to issuing civil violation notices, serving, posting and otherwise notifying the alleged violator, and appearing and testifying at any and all administrative and other hearings related to an appeal of the violation. Total number of employees of municipality authorized to perform the applicable enforcement functions: 111 sworn personnel EXHIBIT C Sec. 8CC-3. Enforcement procedures. (a) For the purposes of this chapter, a "Code Inspector" is defined to be any agent or employee of Miami -Dade County whose duty is to assure the enforcement of and compliance with the Code of Miami -Dade County. Prior to being provided the authority to initiate enforcement proceedingsunder this Chapter, a Code Inspector shall be required to successfully complete a criminal background investigation as prescribed by administrative order of the County Manager. Subject to the requirements of Section BCC-11 below, a "Code Inspector" is also defined to be any agent or employee of a municipality who has been authorized pursuant to that Section to assure code compliance. Municipal employees shall also be required to successfully complete a criminal background investigation prior to being provided authority to initiate enforcement proceedings under. this Chapter. (b) Code Inspectors shall have the authority to initiate enforcement proceedings as provided below. No Hearing Officer shall have the power to initiate such proceedings. (c) For the purposes of this chapter, "violators" shall be deemed to be those persons or entities legally responsible for the violation of the ordinances listed in Section BCC-10. (d) A Code Inspector who finds a violation of those ordinances of this Code listed in Section BCC-10 shall determine a reasonable time period within which the violator must correct the violation. This determination shall be based on considerations of fairness; practicality; ease of correction; ability to correct; severity of violation; nature, extent and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. A time for correction need not be specified if the violation is deemed to be an uncorrectable violation. (e) A Code Inspector who finds such a violation shall issue a civil violation notice to the violator. Service shall be effected by delivering the civil violation notice to the violator or his agent, or by leaving the civil violation notice at the violator's usual place of abode with any person residing therein who is fifteen (15) years of age or older and informing that person of its contents. If such service cannot be effected, the civil violation notice may be sent by certified mail, return receipt requested, or by posting of the civil violation notice in a conspicuous place on the premises or real property upon which the violation has been observed or by mailing to or posting the civil violation notice at the property owner's mailing address as listed in the tax records of Miami -Dade County. Such posting of the civil violation shall be deemed proper service, and the time for compliance, stated in the notice, shall commence with the date such notice is posted. (f) The civil violation notice shall include but not be limited to the following: Date of issuance. Name of Code Inspector and division or department issuing the notice. Name and address of the violator. Section number of the Code Section that has been violated, Brief description of the nature of the violation, including location, date, and time of violation. (6) Amount of the civil penalty for which the violator may be liable. (7) Instructions and due date for paying the civil fine or filing for an administrative hearing before a Hearing Officer to appeal the civil fine. (8) Time within which the violation must be corrected if applicable. (9) Notice that each day of continued violation after the time period for correction has run shall be deemed a continuing violation subject to additional penalty in the same amount, without the need for additional notices of violation. (10) Notice that the filing of a request for an administrative hearing will toll the accrual of continuing violation penalties. (11) Notice that failure to request an administrative hearing within twenty (20) days, or within the specified time period listed for a violation of a specific Section of the Code, after service of the civil violation notice shall constitute a waiver of the violator's right to an administrative hearing before the Hearing Officer, and that such waiver shall constitute an admission of violation. (12) Notice that the violator may be liable for the reasonable costs of the administrative hearing should he be found guilty of the violation. (13) Notice that the violator may be liable for the County's costs and expenses incurred as a result of investigation, enforcement, testing or monitoring should the violator be found guilty of the violation. (g) A Code Inspector is authorized to record in the public record the civil violation notice or a notice of violation which is based upon the civil violation notice. The recording of the civil violation or a notice of violation under this section shall not act as or be a lien on the property and shall not act as a notice of a lien on the property but shall merely act as public notice of the existence of the violation. (Ord. No. 85-33, § ;(3), 5-21-85; Ord. No. 86-22, § 1, 3-18-86; Ord. No. 90:6, § 1, 2-6-90; Ord, No. 94- 38, § 1, 3-3-94; Ord. No, 94-207, § 3, 11-1-94; Ord. No. 99-55, § 2, 5-25-99; Ord. No. 99-55, § 2, 5-25- 99; Ord. No. 00-53, § 1, 5-9-00; Ord. No, 05-19, § 2, 1-27-05) EXHIBIT D Administrative Order • Administrative Order No.: 2-5 Title:.Code Enforcement.'; Ordered: 7/25/20D0 AUTHORITY: Effective: 5/4/2000 MIAM1-DADE 2 Y_ • Section 4.02 of the Miami -Dade County Home Rule Amendment and Charter, and Chapter SCC,"Code of Miami -Dade County. SUPERSEDES: This Administrative Order supersedes Administrative Order 2-5 ordered May 25, 1999, and effective June 4, 1999. POLICY: It shall be the policy of Miami -Dade County to foster compliance with the ordinances passed by the Board of County Commissioners, as embodied in the Code of Miami - Dade County (hereinafter referred to as the "Code") by encouraging its Code Inspectors to utilize available enforcement mechanisms, including the issuance of Uniform Civil Violation Notices ("CVNs"), to attain this goal. It shall also be the policy of Miami -Dade County to recover enforcement fines levied, administrative hearing and enforcement costs incurred by the departments involved in code enforcement activities, and accrued interest by utilizing administrative settlement and lien procedures. ENFORCEMENT PROCEDURE FOR MUNICIPALITIES: Municipalities within Miami=Dade County shall be entitled to utilize the applicable provisions of Chapter 8CC within their municipal boundaries by entering into an interlocal agreement with Miami -Dade County which shall contain, at a minimum, the following: 1. The section or sections of the Code as listed in Section 8CC-10, which the municipality wishes to enforce through this chapter. 2. The job title of the agents or employees of the municipality authorized to perform . the .enforcement functions and.the number of agents or employees so authorized._ 3. The amount reimbursable to Miami -Dade County for administrative costs relating to the conduct of hearings on appeals from CVNs issued by the municipality, including, but not limited to, attorney's fees and costs, costs of transcription and clerical costs. 4. The amount of revenue reimbursable to the municipality from any fine collected pursuant to the issuance of a CVN. 5, An agreement to indemnify and save the County harmless from and against any and all liability, actions and cause of action relating to the municipality's utilization of the provisions of Chapter BCC and the Code of Miami -Dade County, if applicable. 6. A term not to exceed three years. The County reserves the right to set minimum education, training and background check requirements to be met by municipal employees or agents enforcing the Code. Furthermore, the County shall provide oversight and auditing authority in order to withdraw delegation if it is determined that the municipality is improperly enforcing the code. Any appeals to the Circuit Court or beyond from CVNs issued by.a municipality shall be handled.by that municipality and its legal staff. HEARING OFFICERS: Passage of 'Ordinance No. 85-33 created and established a code enforcement position to be filled by Hearing Officers. The County Manager, or his designee, shall prepare and submit for ratification to the Clerk of the Board of County Commissioners a list o.f qualified candidates nominated for appointment as Hearing Officers pursuant to the provisions of Section BCC-2 of the Code. Compensation for Hearing Officers shall be $ 50.00 per hour up to a maximum of $4D0.00 per day. DEPARTMENTS' RESPONSIBILITIES: Code Enforcement department directors, or their designees, shall be responsible for the following: 1. Prior to being provided the authority to initiate enforcement proceedings under Section BCC-3(a) of the Code, a Code Inspector shall be required to successfully complete a "Triple I" criminal background check, which shall be conducted by the Miami -Dade Police Department at the request of Code Enforcement departments. This background . investigation, which consists of a complete._ comouter search of nationwide law enforcement databases. shall include a review of Federal, State and local criminal activity. In addition, driving records shall be reviewed as a part of the initial criminal background check and subsequently on an annual basis, Existing Code Inspectors shall be subject to annual driving record checks and shall be provided with notification of this requirement prior to implementation of this Administrative Order. The "Triple I" background check requirements shall be included in all Code Inspector job announcements. Municipal employees shall also be required to successfully complete a 'Triple I" background investigation prior to being provided authority to initiate enforcement proceedings under Chapter BCC of the Code. 2. Code Inspectors shall enforce the ordinances listed in Section BCC-10 of the Code within the jurisdiction of their respective departments. 3. Upon -issuance of a CVN to a violator, a completed copy of the CVN must be sent to Code Enforcement, County Clerk Division. All original civil penalty payments, continuing civil penalty payments and administrative hearing costs imposed pursuant to the provisions of Chapter 8CC shall be remitted directly to Code Enforcement, County Clerk Division, with a check made payable to the Clerk of the Circuit and County Courts unless the case is the subject of a settlement agreement. 5. For any CVN issued in which a date of correction has been given, or for any case in which a Hearing Officer has set a date of correction (see Sec. BCC-4(f) of the Code), a Code Inspector must prepare an Affidavit of Compliance or Non - Compliance as appropriate and send a copy to Code Enforcement, County Clerk Division. The Affidavit must indicate whether the violation has been corrected by the date of correction set forth in the CVN or by the Hearing Officer; and, if it has not, the Affidavit must so reflect and must set forth a request that the Hearing Officer issue an Order finding the violator guilty of a continuing violation, if applicable, imposing continuing violation penalties to be effective beginning.on the original date of correction and ending at a specified date, and setting forth the total amount of penalties and costs to be paid by the violator. 6. Departments shall be authorized to sign agreements settling civil penalties and liens for amounts less than the maximum continuing penalty, costs and accrued interest. Such agreements shall contain the justification for settlement; the CVN number; the original penalty amount; the settlement amount; the amount collected (indicating full payment Dr partial payment); and, the signature of the department director, or designee, with notification to Code Enforcement, County Clerk Division. If any penalties have been made the subject of court actions, settlements must also include an approval from the County Attorney's Office, as applicable. Unless otherwise specifically provided in the Code, the department will require the violator to remit the original amount of the ticket and any administrative hearing costs imposed by the Hearing Officer to Code Enforcement, County Clerk Division and will collect the remainder of the • settlement amount directly. The departments shall provide to Code Enforcement, County Clerk Division a written settlement form which includes the following information: CVN number, settlement amount, amount received, date received, and record of collection number. If the settlement is based upon installment payments, the department shall provide the foregoing information for each payment until satisfaction of the agreement. 7. Whenever a violator has corrected a violation but failed to pay the civil penalty, or has failed to correct the violation and pay the civil penalty, or has paid the civil penalty but failed to correct the violation, the departments shall notify the violator of Miami -Dade County's intent to file a lien against the violator's -real -or -personal property. The Notice of Intent to Lien shall offer the violator an opportunity within a specified time period to avoid placement of the lien by executing a settlement agreement which provides for correction of the violation, payment of the original amount of the CVN, payment of continuing penalties, payment of administrative hearing costs where applicable, payment of all enforcement costs incurred by the department and accrued interest. A copy of the Notice of Intent to Lien shall be sent to mortgage holders and may be sent to insurance carriers, credit bureaus and any other parties holding a legal, equitable or beneficial interest in the property. 0 8. A lien shall be placed on a violator's real or personal property except as provided for herein, if the violator does not respond within the prescribed time period to the Notice of Intent to Lien by correcting the violations and paying all penalties, costs and interest due or executing a settlement agreement and complying with said agreement. The lien document shall make specific reference to the civil violation notice number and the issuing department. The lien shall be recorded in the public records of Miami -Dade County and Code Enforcement, County Clerk Division, shall be notified of same. 9. Departments may offer a payment plan in negotiating settlements prior to or after placement of liens upon written request of the violator and establishment of economic need. In order to insure the department's ability to collect all civil penalties, administrative hearing and enforcement costs and interest due, departments are required to file a lien where possible whenever the violator enters into a payment plan in response to a Notice of Intent to Lien. 10. Upon placement of a lien against real or personal properties, the individual or business entity holding a mortgage on the property and credit bureaus shall be notified of the lien placement by the department. The department may notify insurance carriers and other parties holding a legal, equitable or beneficial interest in the property of the placement of the lien. 11. The department may initiate collection proceedings including, but not limited to, referral to collection agencies and filing of civil suits as warranted in an effort to recover monies owed Miami -Dade County resulting from the issuance of CVNs. 12. For any lien placed against real property pursuant to Chapter BCC or other provisions of the Code which remains unsatisfied one year from the date of recordation of the lien, the departments shall notify the Office of the County Attorney and request mailing of a Notice of intent to Foreclose. It shall be the responsibility of the County Attorney to initiate foreclosure actions in Circuit Court on non -homestead properties where foreclosure of the property is in the best interest of Miami -Dade County. 13. Upon final payment under a settlement agreement or full payment of a lien, all accrued interest and the costs of lien recordation and satisfaction, the departments shall record a Satisfaction of Lien in the Miami -Dade County public records. The Satisfaction of Lien document shall make specific reference to the civil violation notice number and the issuing department. CODE ENFORCEMENT, COUNTY CLERK DIVISION RESPONSIBILITIES: Code Enforcement, County Clerk Division shall be responsible for the following: 1. Upon receipt of a CVN, a letter will be issued to the violator indicating the amount of the civil penalty and the date by which the penalty is to be paid, advising the violator the date by which the violation must be corrected (if applicable), and providing the deadline date to request an administrative hearing in writing, to appeal the issuance of the CVN. 2. if payment has not been received for a Civil Violation Notice and/or the violation of the Code Section has not been corrected, a second letter will be issued to the violator (where no timely appeal has been filed), indicating the .civil penalty, accrued penalty, and the total amount due within 30 days. The violator is further advised that if payment is not received or the violation is not corrected within 30 days, a lien shall be placed against the violator's real or personal property. 3. When an appeal has been filed and the Hearing Officer finds the violator guilty at the. Administrative Hearing, a letter shall be sent to the violator ordering correctionof the violation (if applicable) and requiring payment of the civil penalty, hearing administrative costs, enforcement costs, accrued penalties, and the total amount to be paid. The violator is further advised that if payment is not received or the violation is not corrected within 30 days, a lien shall be placed against the violator's real and personal property. To appeal a Hearing Officer's Final Order, a Notice of Appeal must be filed in the Circuit Court within the time provided by the Florida Rules of Appellate Procedure. 4. If within five days prior to the hearing date a violator requests in writing that a hearing be rescheduled. Code Enforcement, County Clerk Division. will automatically advise the department in writing. The affected department will then either agree or object to the continuance request, 5. Upon receipt of the Mandate from the Circuit Court, pertaining to an appeal of a Hearing Officer's Final Order, where the County is the prevailing party, a letter will be issued to the violator indicating the amount of the civil penalty, administrative costs, and enforcement costs are due and payable within ten (10) days. The violator is further advised that if payment is not received or the violation is not corrected within ten (10) days, a lien shall be placed against the violator's real or personal property. 6. When appropriate, a Satisfaction of Lien will be filed in the Miami -Dade County public records. 7. Management information reports will be generated monthly for distribution, sequenced by department and badge number, indicating citations paid, citations complied with, and citations not complied with. B. A report will be. generated on an annual basis, by department, detailing outstanding violations for the previous year. 9. A report will be generated, and distributed for each department, providing the estimated cost reimbursement deduction on an ongoing basis. DEPARTMENT SUPPLEMENTAL COSTS: Department supplemental costs shall mean certain administrative costs incurred by using departments while processing continuing violations and levying liens and expenses incurred in collection efforts. Department supplemental costs are not provided for under Chapter BCC and can only be levied or collected if authorized by other statutory Code provisions, administrative order or County Commission approval. ADMINISTRATIVE REIMBURSEMENT: In order to cover the actual administrative expenses incurred by the County Clerk Division in supporting. the Code Enforcement system, the County Clerk shall retain all original fines and administrative hearing costs assessed by a Hearing Officer. After deduction of actual administrative expenses, the County Clerk, with concurrence of the Budget Director, shall annually return to non -general fund issuing departments on a prorated basis the remainder of retained original fines. The continuing penalties, enforcement costs and department supplemental costs collected which are not the result of a settlement agreement shall be distributed to non -general fund issuing departments on a quarterly basis. CLOSURE OF CASES: Cases may be closed in the following circumstances: 1. Where the civil penalty is paid and the violation corrected (if applicable). 2, Were the department has settled with the violator, pursuant to this Administrative Order. 3. Were the department voids the CVN. 4. Were the Hearing Officer finds the named violator not guilty and no appeal is taken by the County or issuing municipality. 5. Where there is a final settlement, judgment, order or other resolution of a case by a court of competent jurisdiction. This Administrative Order is hereby submitted to the Board of County Commissioners of Miami -Dade County, Florida. M. R. Stierheim County Manager