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HomeMy WebLinkAboutMemo - Administration FR/SRMIAMI POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE MEMORANDUM TO: Nzeribe Ihekwaba, Chief of Operations (CO)/Assistant City Manager FROM: Manuel Orosa, Chief of Police DATE: July 14, 2014 RE: Squatters Ordinance Below please see the protocol anticipated regarding the investigation of squatters pursuant to the proposed squatter ordinance for your consideration: 1. INITIAL REPORT OF SQUATTER: Upon notification of a squatter situation, the City of Miami Police Department (MPD) will dispatch a police officer to the property to conduct a preliminary investigation, interview the complainant, squatters, neighbors, and anyone else that could provide any information into the matter. Upon completion of the preliminary investigation, the dispatched officer will complete a police incident report that will be transmitted to MPD's Fraud Detail of the Criminal Investigation Division. Under no circumstances shall the police officer encourage the complainant and the squatter to enter into a compromise while the investigation is pending. II. INVESTIGATION: An investigator in MPD's Fraud Detail will be assigned to conduct a thorough investigation including, but not limited to: a. Conducting any necessary follow-up interviews; b. Obtaining an affidavit from owner affirming that squatter on property was not authorized by owner or agent to enter the property or residence; c. Verify ownership of property through title search, on-line Clerk of Courts search, and contact bank or other entity for confirmation if necessary (conducted by the City Attorney's Office); d. Obtain any available property history information (conducted by Code Enforcement); e. Verify whether the property was registered pursuant to Chapter 10, Article IV, (Registration Of Vacant, Blighted, Unsecured or Abandoned Structure) of the Code (conducted by NET); f, Conduct any other investigation necessary based on the facts presented. III. DETERMINATION OF INVESTIGATION. Upon completion of the fraud investigation, three possible conclusions will be determined: 1) Occupant is not a squatter and/or not a criminal trespasser; or 2) Occupant is a squatter and probable cause that a criminal trespass is being committed can be established; or 3) Occupant is a victim of a fraudulent scheme. IV. DISPOSITION OF INVESTIGATION: a. Occupant is not a squatter and/or not a criminal trespasser. Investigation has revealed the occupancy of the property is a tenancy situation governed by the Florida Residential landlord and Tenant Act, Fla. Stat.. §83.40 — 83.682. The property owner will be notified that the basis of their complaint is not a criminal matter therefore his/her avenue for relief may be available through the civil courts. b. Occupant is a squatter and MPD can articulate the facts and circumstances that exist to establish probable cause that a criminal trespass is being committed by the squatter. 1. The City'sinvestigation has revealed a true squatter situation and action by the City is necessary to cure said situation. 2. Property owner must cooperate fully with the City and make himself/herself available for hearing and removal. 3. Code Enforcement will post a notice at the property indicating City's intent to remove squatters and secure the property (no less than 5 days from the date of posting notice). 4. Appeal of the notice must be received by the Code Enforcement within 3 days of the posting. 5. Failure to deliver an appeal of the notice constitutes an admission that the occupants are squatters and an agreement to the remedy of removal (if so, skip to #10). 6. If an appeal is received, Code Enforcement shall set an administrative hearing before a special master, on an expedited basis, prior to the removal of the squatter. Hearings shall be conducted pursuant to Chapter 2, Article 10 entitled 'Code Enforcement' of the Code. 7. On the date of the hearing, the property owner/complainant must be present to testify and the City may present any evidence obtained through the investigation which was considered for determination that occupant of property is a squatter. 8. At the hearing, occupant may rebut the presumption that he/she is a squatter if the occupant provides competent, substantial evidence demonstrating authorization to be in the premises. 9. At the conclusion of the hearing, the special master shall issue findings of fact, based upon the evidence presented and made part of the record and conclusions of law, and shall issue an order. 10. Removal of the squatter will be coordinated by MPD. The assigned investigator will coordinate with the owner, Code Enforcement, and NET to meet at the property where the owner of the property will give the squatter a trespass warning and instructed to vacate the property in the presence of the police officer. 11 Upon vacating of the property the owner will secure said property with new locks. (Squatter can make arrangements with owner to remove belongings; MPD should be present for purposes of keeping the peace). 12. If the squatter refuses to vacate the property after warning, MPD will place the squatter under arrest for trespass pursuant to Florida Statute §810.08 and the property will be released to the owner who will responsible for performance of item 6. c. Occupant is a victim of a fraudulent scheme: Investigation revealed a squatter situation however the squatter is actually a victim of some sort of renter fraud. In this scenario, the victim/squatter shall be informed of the City's squatter ordinance and City must proceed with the measures outlined in section b above. Nonetheless, the victim/squatter shall be given the option to pursue fraud charges against the culprit who defrauded the victim/squatter.