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HomeMy WebLinkAboutCode Enforcement BoardJanuary 9, 2019 Emilio Gonzalez, City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 RE: Code Enforcement Board Annual Report 2018 Dear Mr. Gonzalez: As chairperson of the Code Enforcement Board (CEB), and pursuant to City Code Sec. 2-890 regarding the annual report requirement of City boards and committees, I am pleased to provide you this annual report by answering the following questions listed below. As you may know, each commissioner may make one appointment of a regular member, two at -large, regular member appointments, and two alternate member appointments. All members are appointed on a volunteer basis and are not compensated in any manner. The CEB is both ethnically and gender balanced, reflecting the composition of the City of Miami. In 2018, the CEB met twice a month, usually on the first Thursday and second Wednesday of every month at 5:00 pm at Miami City Hall. An additional third meeting in the months of September, October and November were added to the calendar following the July 12, 2018, City of Miami adoption of Ordinance 13774 which deleted Chapter 2, Article X, "Alternate Code Enforcement System" (Special Master). Is the Board serving the purpose for which it was created? Yes, the CEB serves the purpose for which it was created. The purpose of the CEB is to promote, improve, and protect the health, safety, and welfare of the citizens of this municipality by authorizing its creation with the authority to impose administrative fines and other non -criminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances where a pending or repeated violation continues to exist. The CEB's actions have continued to serve the above - described purpose. Is the Board serving current community needs? Yes, the CEB acts in a professional and honorable manner in proceeding to meet present community needs in its pursuit to promote, protect, and improve the health, safety, and welfare of the citizens of the City of Miami and ensures that no violation presents a serious threat to said community. Following the July 12, 2018, City of Miami adoption of Ordinance 13774 which deleted Chapter 2, Article X, "Alternate Code Enforcement System" (Special Master), the board increased its caseload to address the needs of the community. A list of the Board's major accomplishments: The Code Enforcement Board hears cases scheduled by the Inspectors and by the Hearing Board Specialist. Inspectors schedule "To Be Heard" cases, whereas Hearing Boards schedule Extension of Time, Mitigation, Conditional Mitigation and Special Appearances. These hearings are scheduled at the request of the owner. The CEB oversees the entire hearing process -from the initial hearing to determine culpability up to and including any request for mitigation after the case is resolved. In 2018, the CEB met 24 times. The hearing on January 4, 2018 did not occur for lack of quorum. In 2018 approximately 1486 cases were scheduled on calendar, with approximately 975 of these cases being adjudicated by the board. Cases not adjudicated were the result of closure/compliance prior to hearing, resets and voided violations prior to hearing date. After the board hears a "To Be Heard" case, the Board determines, by majority vote, whether the respondent is guilty or not guilty. When the Board finds the respondent guilty, the Board enters a Final Enforcement Order that orders the respondent to correct the violation by a certain date. If the violation is not corrected by that date, the Board may impose a fine against the violator or owner of the property. In the case of Extension of Time, the board listens to evidence provided and either grants or deny request for additional time to comply. In the case of Mitigation Hearings, the board mitigates cases which results in the payment of outstanding violation amounts or a portion thereof to the City of Miami. In 2018, the board heard a total of 171 mitigations hearings which resulted on a total of $617,379.79 in favor of the City of Miami. Direct and Indirect Costs of the Code Enforcement Board: The undersigned is unable to comment on the direct and indirect costs associated with this Board because he and the Board are not privy to that information. The undersigned can attest that all the Board members volunteer their time and that the Board members do not receive any compensation. Is there any other board, either public or private, which would better serve the function of the Board? No, there is no other board, either public or private, which would better serve the City of Miami. The CEB is a statutorily -created body under Sections 162.01-162.13 as the "Local Government Code Enforcement Boards Act." The work the CEB conducts is distinctive and a valuable resource for the City of Miami and its constituents. Should the ordinance creating the Board be amended to better enable the Board to serve the purpose for which it was created? No. Should the Board's membership requirements be modified? No, the current board members meet the requirements. The CEB members must be residents of the City and shall be responsible to enforce technical codes of the City of Miami. Appointments shall be made in accordance with the City Code, and on the basis of interest and experience in the relevant subject matter of the Code Enforcement Board. On a separate note, the CEB has requested identification/business cards to facilitate entry into City Hall. This request has been made in writing to the City Manager. Should you have any questions or need any further information, please do not hesitate to contact me. I may be reached through the Hearing Boards Division of the Planning Department. The telephone number is 305-416-2030. Sincerely, Charles H. McEwan Chairperson Respectfully submitted this 9th day of January 2019.