HomeMy WebLinkAboutBack-Up DocumentsDiaz, Yariel
Subject: Squatters Meeting
From: Perez, Juan
Sent: Wednesday, April 09, 2014 9:22 PM
To: Stiers, Melissa; Diaz, Yariel; Suarez, Francis (Commissioner)
Cc: Mendez, Victoria, Zuniga, Raquel; Quintero, Lazaro; Rodriguez, Ana (NET); Min, Barnaby; Orosa, Manuel (Chief of
Police); Angel-Capo, Jessica
Subject: RE: Squatters Meeting
Melissa:
Thank you! It was a pleasure meeting with you (and everyone else) to address this issue.
As per your request below, please accept this email to serve as a response to Commissioner Suarez's
inquiries:
1. Synopsis of Squatter Squad procedure:
In September 2013, the Miami -Dade Police Department ("MDPD") formally instituted the Squatter Squad Task
Force dedicated to investigating reports by owners of residences who discover persons squatting in a
dwelling. The Squatter Squad Task Force ("the Squad") is housed in MDPD's Special Investigations Unit /
Economic Crimes Bureau. In order for the Squad to resolve squatter incidents, they must determine who is
the proper property owner/representative so that a trespass warning can be given in the presence of an
officer. The investigation procedures to determine property ownership varies from case to case since their
investigation is tailored to the issues and information presented. Nonetheless, the core of The Squad's
procedures are as follows:
• MDPD patrol officers responding to squatter scenarios must notify MDPD/Economic Crimes Bureau
and advise them to conduct further investigation and to preserve evidence.
• An Offence Incident Report is generated.
• If the report is made by property owner, they are directed to present to MDPD Headquarters to
provide a written affidavit (regarding ownership, amount of time dwelling was vacant, squatters lack of
permission to occupy, existing lease, etc.). If report is made by neighbor, the Squad will attempt to
contact the property owner to assess the situation.
• An officer assigned to the Squad will present to the property, make contact with the squatter(s),
inform them of the owner's report, and determine the legal basis of occupancy.
• If a lease is alleged, the officer will gather the landlord's/lessor's information and any documents to
support lawful occupancy (written executed lease, receipts of rent payment, etc).
• The landlord/lessor will be contacted to determine authenticity of the lease and authority to enter into
leases pertaining to the subject property. If its determined landlord/lessor is actually sub -leasing, the
officer will continue to gather additional layers of information to determine true property owner.
• An analyst assigned to The Squad will research/analyze property's title records, search for court
proceedings involving the property, determine foreclosure status, persons listed as co -owners, liens,
etc.
• The analyst and/or investigating officer will make a determination regarding persons/entities with valid
property interests as revealed through records search. Ifthe owner is a lender/bank, contact will be
made with the lender/bank to obtain the contact information of 3rd party maintenance company,
broker, etc., if any.
• After a determination of property owner is made, the Squad will coordinate a date/time for the owner
to present at the subject property to give trespass warning ("the approach").
• Prior to the approach, the Squad conducts surveillance and/or drive -by of the subject property to
determine best dates/times for approach.
• It is the property owners responsibility to retain a locksmith who will be present at date/time of
approach to change all locks.
• On date of approach, the Squad will conduct knock and announce at the property.
• MDPD officers will conduct a safety sweep throughout the dwelling for their safety and the safety of
the property owner/agent.
• Property owner will be brought in to announce his ownership interest in the property and issue a
trespass warning in the Squad's presence.
• If squatter refuses to leave immediately, squatter will be arrested for trespass.
• Arrangements can be made for squatter to come back with a truck to remove his belongings.
• If facts reveal that the squatter is actually a victim of renter's fraud (person that leased them the
property is not the owner/agent and had no right or authority to lease the property), then the fraud
victim will be given an opportunity to submit a written affidavit regarding circumstances and a fraud
investigation will commence. Even so, fraud victim must depart the property.
2. Numerical data supporting use of a Squatter Squad:
As per verbal representations for various members of MDPD's Squatter Squad Task Force:
The number of squatter instances resolved from 2009 through August 2013 was approximately
175. During this time, MDPD did not have a formal unit dedicated to addressing reports of
squatter. However, officers of the MDPD Special Investigations Unit / Economic Crimes Bureau did
utilize some aspects of the procedures listed above to conduct their investigation with due diligence.
o 175 reflects the amount of properties occupied by squatters resulting in removal of the
squatter(s) by MDPD/ECU.
o Of the 175 properties cleared, only 1 arrest for Trespass was made.
o Of the 175 properties cleared, zero (0) civil lawsuits have been filed against MDPD/Miami-Dade
County in State or Federal Court.
MDPD's Squatter Squad Task Force and their procedures were formally implemented in September
2013. The number of squatter instances resolved from September 2013 through March 18, 2014 was
approximately 164.
o 164 reflects the amount of properties occupied by squatters resulting in removal of the
squatter(s) by the MDPD Squatter Squad Task Force.
o Of the 164 properties cleared, no arrests have been made.
o Of the 164 properties cleared, zero (0) civil lawsuits have been filed against MDPD/Miami-Dade
County in State or Federal Court.
Please note that I have not confirmed these figures but merely relying solely on the representations made my
MDPD's Squatter Squad.
2
3, A summary of the resources needed to implement a Squatter Squad and/or squatter ordinance
similar to that of Coral Gables:
In all candor, I have only been employed by the City less than 6 months therefore, I am not the person with
most knowledge as to the resources needed to implement a Squatter Squad and/or squatter ordinance. At
the barest minimum, MPD will need to implement a Squatter Squad is: an analyst; administrative assistant;
and subscription/access to title search service providers, However, I must defer to Chief Orosa and his staff
for a complete response to this inquiry. Similarly, lithe City passed a squatter ordinance, I must defer to the
Director of Code Enforcement and the City Attorney for a complete list of resources needed to address this
issue.
Please let me know if you have any additional questions regarding this matter.
Sincerely,
JC
JUAN C. PEREZ
ASSISTANT CITY ATTORNEY/ POLICE LEGAL ADVISOR
City of Miami Office of the City Attorney
Telephone: 385-603-61111
Facsimile: 305-372-4609
JCPerezPmiami-police.org
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Prom: Stiers, Melissa
Sent: Wednesday, April 09, 2014 5:02 PM
To: Perez, Juan C.
Cc: Suarez, Francis (Commissioner); Mendez, Victoria; Diaz, Yariel; Zuniga, Raquel
Subject: Squatters Meeting
Dear JC:
It was a pleasure meeting you today. Thank you for your work on this matter. Commissioner Suarez looks forward to
receiving the following items from you in preparation for tomorrow's discussion on this item:
1. Synopsis of Squatters Squad procedure;
2. Numerical data supporting use of a Squatters Squad; and
3. A summary of the resources needed to implement a Squatters Squad and/or squattrs ordinance similar to that
of Coral Gables.
We already have a copy of the Coral Gables ordinance.
Best,
Melissa Fernandez-Stiers
Chief of Staff
Office of Commissioner Francis Suarez, District 4
3500 Pan American Drive I Miami, Florida 33133
Tel: 305-250-5423 I Fax: 305-856-5230
Email: mstiers@miamigov,com
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4
CITY OF CORAL GABLES, FLORIDA
ORDINANCE NO. 2013-05
AN ORDINANCE OF THE CITY COMMISSION OF CORAL GABLES
CREATING SECTIONS 34-2 THROUGH 34-10 OF THE CITY CODE
EXPRESSLY PROHIBITING SQUATTING IN CORAL GABLES AND
ESTABLISHING REMEDIES FOR ADDRESSING SQUATTERS, AND
PROVIDING FOR SEVERABILITY, REPEALER, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, there are numerous vacant or abandoned properties in Miami -Dade County
and the phenomenon of squatting in the County has become an increasing problem; and
WHEREAS, the unauthorized occupation of a residence by squatters poses numerous
public safety concerns to the lawful owner or lessee and to the sturounding community, and is a
public nuisance; and
WHEREAS, squatters have neither an ownership nor leasehold interest in the property
being occupied, and are therefore not affected if a Code Enforcement lien is placed on the
property, which poses enforcement difficulties in the •event that the property being occupied does
not comply with the Zoning Code or City Code; and
WHEREAS, the City Commission wishes to prevent future instances of squatting in
Coral Gables, and to ensure that provisions arc in place to remove squatters promptly from
properties being unlawfully occupied;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF CORAL GABLES:
SECTION 1. That sections 34-2 through 34-10 of the Code of le City of Coral Gables,
Florida, are hereby created' to read as follows:
Sec. 34-2. Definitions
(a) Squatting is defined as the occupation of private property without authorization from the
owner or lessee.
(b) Squatters are defined as occupants of private property without ,authorization from the
owner or lessee,
(c) Lessee is defined to include the lessee, any sublessee, or any other legal occupant of the
premises.
Page 1 of 4 — Ordinance No. 2013-05
See. 34-3. Squatting prohibited.
Squatting is a public nuisance, and is prohibited in the City of Coral Gables,
Sec. 34-4. Action to remove squatters.
A property owner or lessee is required to take all lawful measures to prevent or remove
squatters.
Sec. 34-5. Penalties.
Any violation of the provisions of this section may be cited pursuant to Chapter 101 of
the City Code, and shall result in a fine of $500.00 for each day the violation remains uncured,
Sec. 34-6. Removal of squatters and lien for costs of removal.
The City is authorized to remove squatters from private property and to secure the
property. The property owner or lessee .;hall reimburse the City for the expenses incurred in
removing the squatters and securing the property. If the property owner or lessee does not
reimburse the City for the cost of removing the squatters and securing the property within 30
days of the date the City sends an invoice, then the City may lien the property with such cost,
along with an administrative fee of $500.00 to recover administrative personnel service costs.
The City shall have a special assessment lien that it may record in the public records of Miami -
Dade County, The lien shall accrue interest at the maximum legal rat from the date ofthe City's
invoice until the costs and administrative fee are paid. The City may foreclose on such lien
pursuant to Article IV of Chapter 101 of this Code. Such lien shall have equal dignity with a tax
lien.
See. 34-7. Notice and hearing.
The City shall post a notice at the property indicating its intent to remove squatters and
secure the property at least five days in advance of any such action, The City shall also make
reasonable efforts to separately notify the property owner or lessee. The City may provide
shorter notice, or act immediately without prior notice, where warranted by an emergency, such
as a danger to the occupants (i.e. unfit dwelling) or threat to public safety, Any appeal of the
notice must be received by the City within three days of posting. The failure to appeal constitutes
an admission that the occupants are squatters and an agreement to the remedy of removal. If au
appeal is timely received, the City shall set an administrative hearing before a special master, and
the matter shall be heard on an expedited basis prior to the removal of the occupants, unless sueh
prior removal is warranted by an emergency, such as a danger to the occupants (i.e. unfit
dwelling) or threat to public safety, in which event the hearing shall be held on an expedited
basis following the removal.
Page 2 of 4 — Ordinance No, 2013-05
Sec. 34-8. Presumption.
Squatting may be presumed where the occupant of the property is unable to produce a
written document, such as a lease, license, or other written proof of authorization from the
property owner or lessee, demonstrating that the occupant has permission to be on the property.
Squatting may also be presumed where a property is listed as vacant on the abandoned property
registry, and yet is occupied. Such. presumptions may be rebutted if the occupant provides
competent, substantial evidence demonstrating authorization to be in the premises. The
presumptions stated herein are not the exclusive method for deteimining whether squatting is
occurring on a specific property.
Sec. 34-9. Other remedies.
These remedies are cumulative with other remedies, including remedies for trespass, and
are not exclusive. The City may remove trespassers pursuant to state law, including in cases
where a lawful trespass warning has been provided and the occupants refuse to vacate the
property.
See. 34-10, Ixiiraunizafion.
Law enforcement officers and code enforcement officers, as well as City staff and agents,
are immunized from civil or criminal liability for actions taken to remove squatters and secure
property pursuant to the authority provided herein,
SECTION 2, SEVERABILITY.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this Ordinance,
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith, are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the Commission of the City of Coral Gables, Florida, that the
provisions of this Ordinance shall become and be made a part of the City of Coral Gables Code
of Ordinances; and that the sections of this Ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
such other appropriate word or phrase in order to accomplish such intentions.
Page 3 of 4 — Ordinance No. 2013-05
SECTION 5. EFFECTIVE DATE.
This ordinance shall become effective within ten (10) days following the date of its
passage and adoption herein.
PASSED AND ADOPTED THIS TWENTY-SIXTH DAY OF MAROE A.D.,
2013,
(Moved: Anderson / Seconded: Quesada )
(Yeas: Quesada, Anderson, Cabrera, Kerdyk, Cason)
(Unanimous: 5-0 Vote)
(Agenda Item: E-2)
AI IL,ST:
G
APPROVED:
A$PN
MAYOR
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
WAL MAN CRAIG E. LEEN
CITY CLERK
CITY ATTORNEY
Page 4 of 4 — Ordinance No. 20 -05