HomeMy WebLinkAboutMemo - Office of the City Attorney FR/SRCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and M: bers,•f the City Commission
FROM: Victoria Mendez, City Attori
DATE: July 14, 2014
RE: Proposed Ordinance for City Commission Meeting - July 24, 2014
Amending Chapter 10 of the Code of the City of Miami, Florida, as amended, by
creating Article VIII, entitled "Squatters"
File No. 14-00659
The attached proposed ordinance for the July 24, 2014 City Commission meeting was
drafted pursuant to your instructions to create a policy regarding squatters. It seeks to amend
Chapter 10 of the Code of the City of Miami, Florida, as amended, entitled "Buildings" by
creating Article VIII, entitled "Squatters", creating definitions, and providing for a hearing
process, penalties, and enforcement in the event that an unauthorized occupation of a residence by
a squatter occurs.
The proposed ordinance is intended to help mitigate the number of current squatters in
the City and proactively prevent same from occupying private properties. The ordinance defines
squatting, makes squatting a public nuisance in the City, and imposes an affirmative duty on the
property owner to assist the City in preventing and/or removing a squatter. The proposed
ordinance establishes a pre -deprivation hearing before a special master to provide the
unauthorized occupant with an opportunity to establish his/her possessory interest before removal
by the Police Department . For purposes of the pre -deprivation hearing, there are presumptions
included in the ordinance and the ordinance also allows the occupant to rebut the presumptions if
the occupant provides competent, substantial evidence demonstrating authorization to be in the
premises. If the special master cannot make a determination as to whether the occupant is a
squatter, then the property owner must seek his/her remedy in the civil courts.
It is respectfully requested that the proposed ordinance be adopted.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Julia Hernandez, Agenda Coordinator
Todd B. Hannon, City Clerk
VM/BM/JQP/ct
Doc. No.: 469558