Loading...
HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur V. Noriega DATE: March 4, 2022 City Manager VIA: Natasha Colebrook -Williams, SUBJECT: Updated Response to Assistant City Manager /,' Recommendations made by Code Compliance Task Force FROM: Robert Santos-Albo Code Compliance The following is an updated ponse to the synopsis originally provided on 7-30-2021, and in response to the recommendations made by the Code Compliance Task Force in their Resolution (CCTF-R-210007) submitted on July 16, 2021. As in the original response, the in-depth assessment and level of analysis reflected by the Task Force members must be recognized. Clearly a great deal of work, energy and research was conducted. Below is an expanded and updated response to each of the recommendations made by the Task Force. I. RECOMMENDATIONS: 1. Upgrade to a software which is more user friendly and more in tune with the needs of the Code Compliance Department. The present software used by the Code Compliance Department is severely outdated and hampers their ability to fully optimize their time out in the field. Response STRONGLY AGREE. The database software utilized by the Code Compliance Department during the assessment period (City -View) is an archaic, rigid, and obsolete application, which absolutely hampers the effective outcome and performance measures of the Department. These include limited metrics and analytics that include: (1) ad hoc daily activity reports, (2) response time, (3) voluntary compliance, (4) flag properties, (5) identify repeat and recurring violations, etc. On December 13, 2022, the city launched Code -Check, a web -based application which enables Code Compliance Inspectors to more easily manage their caseload. We are currently working with IT to develop a number of metrics to facilitate data collection and analysis. 2. The hiring of an additional 25 Code Compliance inspectors instead of the 14 presently planned for 2021. The Code Compliance Department is severely understaffed. This will give approximately two (2) agents per area. Too many violations are being ignored due to a lack of "boots on the ground" and it has started to become a major problem for the City of Miami. More coverage is needed as the city continues to grow. Response to Recommendations from Code Compliance Task Force Page 1 of 5 Response NEUTRAL. Firstly, it is unknown where the Task Force obtained these numbers. Per the Office of Financial Management & Budget (OFMB), Code is slated to obtain three (3) additional positions beginning on FY 2021-22. Fourteen (14) positions would be fantastic, but it is uncertain where these numbers were obtained from. Although increased staffing is welcomed in an effort to increase current coverage and improve responsiveness, this significant staff increase has direct logistical impacts (e.g., office space, increased expenditures, increased caseloads, increased Notices of Violations (NOVs), increased Hearings, etc. etc.). No impact analysis was included by the Task Force. In addition, a number of vacancies have been filled since July 2021. At that time, Code had 14 vacancies; as of today, Code has three (3) vacancies, two of which are conversions that had yet to be advertised. Thus, Code has technically one (1) CCI vacancy. Lastly, in October 2021, the Code Department conducted a Shift -Bid and significantly adjusted the hours of operations for the After -Hours Teams. At this time, there are 6 CCIs working each of two After Hour Teams. This amended deployment provides coverage from 6 AM (early shift during the days) to 1 AM of the following day from Sundays through Wednesdays, and from 6 AM to 3 AM of the following day on Thursdays through Saturdays. The amended schedules provide a significantly improved coverage and response time to proactively patrol in Entertainment Districts and quicker response to nuisance complaints such as amplified music. 3. Task Force recommends a re -allocation of CCIs working the weekend and night shifts. As the City of Miami grows into a nighttime metropolis, a large number of code enforcement violations such as noise, illegal dumping, and illegal pop-up businesses occur in the evening and on weekend nights. Response STRONGLY AGREE. As reflected in #2, the reallocation and deployment of CCIs to cover Thursdays through Sundays, for evenings is on target. During those operational hours, CCIs will focus on violations such as noise, illegal activities, pop-up businesses, and other nuisances that take place during the evenings and weekend nights. Attachment A provides the new schedules as reflected in the October 2021 Shift -Bid. 4. Recommendation that more attention and strict enforcement be paid to illegal commercial signs and facade violations in highly frequented corridors. Response STRONGLY AGREE. Commercial corridors provide a litmus test regarding the effectiveness of Code Compliance as it relates to the "broken -window -syndrome." Property maintenance, peeling paint, graffiti, illegal signs to include "snipe signs" are a few of the "low hanging fruit" which Code must be highly responsive to and raise property values and quality of life for our community. Code Compliance Supervisors have been tasked with conducting proactive sweeps of the commercial corridors to identify and address code violations as unpermitted signs on public rights of way, and property maintenance violations. Response to Recommendations from Code Compliance Task Force Page 2 of 5 5. Recommendation to revamp training program for new hires as well as on -going training for experienced inspectors. Also, it recommends incentives be made available to those inspectors working the night and evening shifts to attract the more experienced agents working those hours. Response STRONGLY AGREE. Training is one of the most effective methods to ensure that Code Compliance staff equally and consistently apply all regulations. It is the goal of this writer to significantly increase both external and internal trainings [e.g., Florida Association of Code Enforcement — (FACE) including but not limited to Fundamentals, Safety, Legal Issues and Supervisory], as well as monthly in-house training opportunities (e.g., noise assessment, BTRs, Certificates of Use, vegetation, Zoning, etc. etc. During the week of March 7 through March 11, 2022, the City of Miami is hosting a FACE — Fundamentals Class, at Lummus Park; and there will be 16 CCIs (in addition to 5 Park Rangers) taking the course. In .October 2021, the Code Compliance Department in conjunction with the Human Resources Department set Code to be the Beta -Test for Local Government University — Online Learning through Lexipol (a private company that specializes in customizable local government policies). Some of the classes in the current curriculum include: "Handling Difficult Customers" and "Sexual Harassment." Other in-house training includes Chapter 17 — Tree Compliance Training and for Certificates of Use. 6. Recommendation that a search firm be used in the future to vet candidates for the next Director of Code Compliance and rank candidates before a decision is made by the City Manager. A strong leader is needed with a desire to strictly enforce the Code equally for all residents and businesses in the City of Miami. Response STRONGLY AGREE. This writer has 34 years of experience in the public sector, and 25 years as Director of Code Compliance / Enforcement in multiple jurisdictions. It is the goal of this Director to consistently and equitably enforce our code of ordinances. 7. Recommendation to implement of a community education program. The program should include the publishing and distribution of flyers at community events and Homeowner Association ("HOA ") meetings. The program should also disseminate Public Service Announcements via TV and radio partners using the City of Miami's ("City") online platforms. Supervisors or Code Compliance inspectors should participate in these community events where they can discuss particular codes enforcement issues affecting the community. More community engagement is needed. Response AGREE. I concur with the recommendation to expand community education and outreach. However, this is more of a mid to long-term recommendation once after internal operating issues are addressed and improved. It is the goal of the Department to actively participate in Home -Owner Associations (HOAs) to educate our constituents regarding the Code process. Response to Recommendations from Code Compliance Task Force Page 3 of 5 8. Task Force recommends the transition all the existing Code Compliance Department functions into other City departments so these departments will do their own code enforcement functions. Response STRONGLY DISAGREE. This recommendation is contradictory to all other recommendations made by the Task Force. Technically, the Task Force has recommended increase hirings, expand training, and improve performance, but is looking to transfer Code Compliance Inspectors (CCIs) to other departments. Moreover, this recommendation increases inefficiencies in that by having a single -discipline inspector will not be able to effectively address violations from other disciplines (e.g., an inspection from a Building Inspector cannot address code violations within the public right of way, property maintenance, land -use and others). This recommendation runs against best - business practices for Code Compliance entities. 9. Task Force recommends a person should be hired or assigned for the position of Code Compliance Standards/Coordinator/Trainer ("CCSCT"). Response STRONGLY AGREE. As part of developing new processes, reviewing, updating, and establishing Standard Operating Procedures (SOPS), staff will be designated to ensure all Code staff attends both internal and external trainings (See Response to #5, Training). Successfully obtaining FACE Certifications (for Fundamentals and Safety) better prepares and advances the science and practice of Code Compliance in the City of Miami. Thus, it is the intent of the Department to enhance the knowledge and value of our Code staff by making available the participation and certification of all FACE levels — Fundamentals, Safety, Legal Issues and Supervision. Ultimately, enhanced training along with improved process integrity, increased efficiencies and accountability must be cornerstones and integral part of the Code Compliance Department. 10. Task Force recommends a Training Program should be developed and administered by the aforementioned CCSCT to ensure that Code Compliance inspectors and staff are properly trained based on a set of standards and proven practices to achieve the desired results. Response STRONGLY AGREE. A designated Code staff member will ensure that both internal and external trainings (e.g., FACE) are timely executed and all certifications are maintained. In addition, it is the intent of this writer to develop and roll out SOPs and ensure that CCIs strictly adheres established procedures. As of 3/04/2022, five (5) Standard Operating Procedures (SOPs) have been rolled out, with four (4) other to be rolled out within the next 4-6 weeks, reflected as follows: 1. Repeat Violations - CC-001 — Attachment B 2. Recurring Violations - CC-002 3. Case Management — CC-003 (pending final edits). 4. Uniforms / Personal Appearance — CC-004 5. Revenue Task Force CC-005 (pending final edits). 6. Noise Violations — CC-010 7. Noise Violations — Wynwood BID Pilot Program — Attachment C 8. Time Clock / Kronos — CC-006 (pending final edits). 9. Business Tax Receipt — CC-007 (pending final edits). Response to Recommendations from Code Compliance Task Force Page 4 of 5 11. Recommendation that all current Code Compliance staff should be re -qualified. Response AGREE. Ideally, all CCIs should be trained and obtain their FACE Fundamentals and Safety Certifications prior to being hired. However, mandatory certifications for existing staff cannot be mandated based on current labor -union agreements that supersede this recommendation. 12. Task Force recommends the CCSCT should provide standards for and monitor the Code Violation Identification/Tracking System to ensure that violations, once identified, are properly labeled, assigned for working (What, Who (Department). Response STRONGLY AGREE. This response is directly tied to Response #1, and in that the old database (City -View) has been replaced with a new one (Code Check). The goal is that the new application will significantly improve efficiencies, develop key performance indicators including but not limited to response times, compliance periods, caseloads, and daily activity reports. In addition, there are life -safety concerns that the system must flag, both to protect the safety of our CCIs when visiting specific properties, and flag both recurring and repeat violators. However, this can only take place if the data is effectively entered. The adage of "garbage - in / garbage -out" is not even in effect if data is not entered. This is the value of SOP CC- 003, where CCIs are required to enter and reflect all their actions when responding to a complaint or when proactively addressing a complaint. 13. Task Force recommends that once a new program is functioning, the CCSCT should lead the Mayor and City Commissioners through a long-term review of City Existing Codes to ensure that "the codes in the books" are the correct ones to be enforced, including modifying or deleting some if it is justified. Response STRONGLY AGREE. My experience is that as Code continues its operations, we will identify instances where both internal processes can be improved. That also includes ordinances that may be tweaked and improved; and through the City Attorney, we will work to enhance our ordinances to the benefit of our residents. CONCLUSION: Of the thirteen (13) recommendations made by the Code Enforcement Task Force, this writer agrees with eleven (85%); strongly agreeing with nine (9), agreeing with two (2), neutral with one (1), and strongly disagreeing with one (1). Again, the implementation of a new database system (Code Check) with the ongoing tweaks to ensure statistical analysis to measure key performance indicators and other metrics is crucial to the success of any code compliance entity. I am available to discuss further. Thank you. Response to Recommendations from Code Compliance Task Force Page 5 of 5 City of Miami CCTF Resolution Enactment Number: CCTF-R-21-007 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 7321 Final Action Date: 7/13/2021 A RESOLUTION OF THE CODE COMPLIANCE TASK FORCE, WITH ATTACHMENTS, COMMUNICATING TO THE MIAMI CITY COMMISSION ITS FINDINGS AND RECOMMENDATIONS RELATED TO THE PROCESSING, HANDLING, AND INVESTIGATING OF CODE COMPLIANCE VIOLATIONS, ATTACHED AND INCORPORATED AS EXHIBIT "A"; FURTHER DIRECTING THE BOARD LIAISON TO PROVIDE A COPY OF THIS RESOLUTION AND ALL ATTACHMENTS TO THE CITY COMMISSION, OFFICE OF THE MAYOR, AND CITY MANAGER. WHEREAS, on March 14, 2019 the Miami City Commission adopted Resolution R-19- 0118 establishing the Code Compliance Task Force ("CCTF" or "Task Force") pursuant to Section 14 of the Charter of the City of Miami, Florida, as amended, and Chapter 2, Article XI, Division 2, Section 2-883 of the Code of the City of Miami, Florida, as amended; and WHEREAS, the Task Force conducted duly noticed meetings, providing the public with the ability to participate in -person, by phone, or in writing, in order for the Task Force to collect information, gather feedback from residents and review comments for the ultimate goal of providing recommendations related to code compliance issues to the City Commission and the City Administration; and WHEREAS, the Task Force was also able to speak to Inspectors with the Department of Code Compliance and gain insight to their training, workdays, processes for enforcement and suggestions for future improvements; and WHEREAS, after deliberation among the three (3) member Task Force members, a comprehension report listing recommendations for the City Commission for the future of the City of Miami's Department of Code Compliance; and WHEREAS, the Task Force, at its meeting on July 13, 2021 adopted this Resolution CCTF-R-2021-07 by a vote of three to zero (3-0), approving that the "Code Compliance Task Force Evaluation and Review Report," attached and incorporated as Exhibit "A", be provided to the Miami City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CODE COMPLIANCE TASK FORCE OF THE CITY OF MIAMI, FLORIDA: 1. The Code Compliance Task Force submits the "Code Compliance Task Force Evaluation and Review Report," attached and incorporated as Exhibit "A", to the Miami City Commission. 2. This Resolution shall become effective immediately upon its adoption. -`7'`?r 07/16/2021 Alex Dominguez Date Chairperson City of Miami Page 2 of 2 File ID: 7321 (Revision:) Printed On: 7/15/2021 EXHIBIT A TO: The Honorable Mayor and the Honorable City of Miami Commissioners FROM: The City of Miami Code Compliance Task Force RE: Code Compliance Task Force Evaluation and Review Report (Pursuant to Resolution 19-0118) The Code Compliance Task Force ("CCTF" or "Task Force") respectfully submits this report after much deliberation and interviews with code enforcement personnel. The Task Force provides the following recommendations for the future of the City of Miami's Code Compliance Department. The Task Force appreciates the opportunity to provide to you its evaluation and recommendation of these matters. We remain available to discuss further should you have any questions with regards to our recommendations. 1. By a unanimous vote, the Task Force recommends an upgrade to a software which is more user friendly and more in tune with the needs of the Code Compliance Department. The present software used by the Code Compliance Department is severely outdated and hampers their ability to fully optimize their time out in the field. New software needs to have the ability to update cases where the public residents can log on and follow a case and progress made up until the resolution of the issue at hand while maintaining their anonymity if so desired. The system should also allow to enter violations that are not tied specifically to a folio address but to a more general address like an intersection or block. 2. By a majority vote, the Task Force recommends hiring an additional 25 Code Compliance inspectors instead of the 14 presently planned for 2021. The Code Compliance Department is severely understaffed. This will give approximately two (2) agents per area. Too many violations are being ignored due to a lack of "boots on the ground" and it has started to become a major problem for the City of Miami. More coverage is needed as the City continues to grow. 3. By a unanimous vote, the Task Force recommends a re -allocation of Code Compliance inspectors working the weekend and night shifts. As the City of Miami grows into a nighttime metropolis, a large number of code enforcement violations such as noise, illegal dumping, and illegal pop-up businesses occur in the evening and on weekend nights. Presently, only two (2) inspectors work at night and only one (1) on the weekend nights. This is unacceptable for a city that is growing exponentially with a vast amount of nighttime activity. 4. By a unanimous vote, the Task Force recommends that more attention and strict enforcement on illegal commercial signs and facade violations in highly frequented corridors such as Flagler, 8th Street, Coral Way, NW 7 Street, 17th, 22nd, and 27th Avenue corridors running East-West and South -North. We have many tourists and visitors who visit these areas on a daily basis, and it does not give them an impression of Miami being a clean and organized city. CCTF Report Page 1 of 4 5. By a unanimous vote, the Task Force recommends a revamped training program for new hires as well as on -going training for experienced inspectors. Also, it recommends incentives be made available to those inspectors working the night and evening shifts to attract the more experienced agents working those hours. 6. By a unanimous vote, the Task Force recommends an independent search firm be used in the future to vet candidates for the next Director of Code Compliance and rank candidates before a decision is made by the City Manager. A strong leader is needed with a desire to strictly enforce The Code equally for all residents and businesses in the City of Miami, free of any political pressure or influence. 7. By a unanimous vote, the Task Force recommends implementation of a community education program. The program should include the publishing and distribution of flyers at community events and Homeowner Association ("HOA") meetings. The program should also disseminate Public Service Announcements via TV and radio partners using the City of Miami's ("City") online platforms. Supervisors or Code Compliance inspectors should participate in these community events where they can discuss particular codes enforcement issues affecting the community. More community engagement is needed. 8. By a majority vote the Task Force recommends the transition all the existing Code Compliance Department functions into other City departments so these departments will do their own code enforcement functions from identification through resolution, therefore eliminating the existing Code Compliance Department in its present structure. 9. By a unanimous vote, the Task Force recommends a person should be hired or assigned for the position of Code Compliance Standards/Coordinator/Trainer ("CCSCT"). This person will not be a director or department head type of position, but more of a code compliance system and standards expert who will set the stage for each department code compliance group to be successful. Initially this person will manage the transition for a defined period by doing and supporting the other departments respective staff members. Long term this person ensures that Code Compliance integrity and efficiency is institutionalized by all departments providing the fundamental system and resources (standards and practices, but not people) to achieve the desired results by all City departments involved in Code Compliance. Other City departments determine their own Code Compliance Group management and personnel, including how they will staff their expanded group or newly established group. A detailed Transition Plan should be developed by CCSCT working with the respective staff member from the other departments to achieve the transition in an orderly manner to minimize any negative effects while the transition is taking place. 10. By a unanimous vote, the Task Force recommends a Training Program should be developed and administered by the aforementioned CCSCT to ensure that Code Compliance inspectors and staff are properly trained based on a set of standards and proven practices to achieve the desired results. The training program must include re -qualifications for existing staff members and qualifications for newly hired staffing. CCTF Report Page 2 of 4 11. By a unanimous vote, the Task Force recommends all current Code Compliance Department staffing should be re -qualified if one of the other City Compliance decides to hire them depending on passing a set of basic qualifications. 12. By a unanimous vote, the Task Force recommends the CCSCT should provide standards for and monitor the Code Violation Identification/Tracking System to ensure that violations, once identified, are properly labeled, assigned for working (What, Who (Department). The responsibility for executing the What (If needed to be redefined), Who (Individual), When (Date) and How (Methods & Resources) falls under the respective department and not the CCSCT. 13. By a unanimous vote, the Task Force recommends that once a new program is functioning, the CCSCT should lead the Mayor and City Commissioners through a long term review of City Existing Codes to ensure that "the codes in the books" are the correct ones to be enforced, including modifying or deleting some if it is justified. Conclusions/Observations Below are some observations and conclusions gathered as a task force that lead us to make the aforementioned recommendations. The process to gather complaints and work the complaint to resolution seems to lack front-end coordination as to who is doing what and by when, and on -going performance review and tracking to ensure follow-ups are being done on a consistent and timely manner. ➢ Seems like the existing Code Compliance Department and the Code Compliance Groups within other departments is confusing and lack coordination to avoid "letting things fall through a crack" and avoid duplicity of work. ➢ Why is it necessary to have this approach when it increases the probability for confusion, poorer employee performance due to frustrations, duplicity of work and inconsistencies of resolution? ➢ The entry of Code Violations into the system needs standards for how to label the information on each violation and its code assignment. The Code Compliance enforcement actions are more dependent on an individual employee's motivation and desire to do what is right (in other words, since the overall performance depends more on the individual, the results will vary according to the employee working to achieve it). ➢ Lacks a fundamental and sound training qualification and on -going performance review process to achieve consistent and pro -active results. ➢ Staffing of inspectors, like day versus nights and weekends seems to be done to satisfy employee desires, instead of management determining what, when and how many (Comments were made that staffing was lower than needed and also that scheduling follows typical practices of other groups or industries (like medical). ➢ How do supervisors track and performance of the inspectors, and how is feedback provided and improvement plans developed and executed? CCTF Report Page 3 of 4 > When a new Commissioner is elected, one can could see frequent vigilance of inspectors and violations identified and most taken care of, but as time went on, it seems that it was back to normal; the improvements were not institutionalized. Code violations corrective action should not be up to the personal judgment of the inspector since the Approved/Lawful Code must be applied (if the law should not be applied for a justifiable reason, then the respective city officials should take it off the records, but until then it must be enforced) D- Based on a review by inspector, supervisor and other resources with legal advice, then judgment could be applied as to how to deal with the corrective action. Code violations corrective actions leading to final resolution is lacking for the few examples that were provided. The task force understands that the database is limited, but it is a fact that Code Compliance has failed to bring a final resolution and avoid of a repeat of the same violation in many cases throughout the City. Then, it leads the task force to believe that Code Compliance Department is a deficient or ineffective organization on meeting its mission based on observations over time on the following typical violations such as these below: Once a complaint was filed about someone painting commercial trucks in an adjacent yard. Code Compliance Inspector came and shut down the operation, wrote a Violation Citation and left. There was not any followed up as to how the site needed to be cleaned up of paint and solvents. Another complaint had to be filed about the paint and solvents still improperly stored in the open. This code violation was a serious one and yet the inspector did not work it through the correct resolution. Ramp next to the sidewalk curve, which was part of a police investigation into a parking related fight, and it took close to two years after many complaints for Code Compliance to force the owner to remove the illegal ramp. ➢ Commercial trucks park at night and during weekends on a particular street ,especially one that has been doing so for close to two years; and even after discussing with the inspector a month ago, it is still taking place. »-Trash dumping at two properties at the entrance (right next to the sidewalk) of a city abandoned alley (the alley was given to the owners years ago) that was there for weeks and maybe months with even the stench of dead animals. ➢ Even after being cited by the code enforcement agent a local car dealership in Little Havana continues to park their overflow of cars in adjacent empty residential lots. CCTF Report Page 4 of 4