Miami-Dade Legislative Item
File Number: 083125
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File Number: 083125 File Type: Resolution Status: Deferred by the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: SENIOR CITIZENS FACING CODE ENFORCEMENT COSTS Introduced: 10/29/2008
Requester: NONE Cost: Final Action:
Agenda Date: 12/16/2008 Agenda Item Number: 11A1
Notes: SEE FINAL VERSION AS AMENDED ON LEG# 092315 Title: RESOLUTION DIRECTING THE COUNTY MAYOR TO CREATE AND IMPLEMENT A PROGRAM WHEREBY SENIOR CITIZENS FACING CODE ENFORCEMENT COSTS AND PENALTIES CAN RECEIVE A SUBSTANTIALLY DISCOUNTED AND/OR WAIVED SETTLEMENT OF THOSE COSTS AND PENALTIES WHERE COMPLIANCE HAS OCCURRED
Indexes: CODE ENFORCEMENT
  SENIOR CITIZENS
Sponsors: Dorrin D. Rolle, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/16/2008 11A1 Amended
REPORT: See Agenda Item 11A1 Amended; Legislative File No. 092315.

Board of County Commissioners 12/2/2008 11A14 Deferred P

Governmental Operations and Environment Committee 11/10/2008 3Y Forwarded to BCC with a favorable recommendation P
REPORT: Chairwoman Seijas recommended this program be forwarded to the County Commission for approval once it was created by the Mayor. Commissioner Gimenez questioned how the determination to waive or discount a penalty would be made. Assistant County Attorney Thomas Robertson noted certain waivers or discounts would be based on policies established by the Department Director and the Code Compliance Officer. He also noted the intent of this proposal was to create a program that targeted senior citizens. Responding to Commissioner Gimenez’ question regarding certain individuals living in upscale neighborhoods and cited for multiple code violations, Assistant County Attorney Thomas Robertson noted the Mayor or his designee could set a limited amount equal to a certain property value to prevent certain individuals with multiple code violations from qualifying for this program. He noted the intent of this resolution was to direct the Manager to investigate all the issues thoroughly to ensure a fair and equitable program was created and to report back to the Board. Assistant County Manager Alex Munoz advised that Commissioner Rolle included language in this resolution providing that the program shall give special consideration to senior citizens whose mortgages were threatened with default. Hearing no further comments or questions, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney 10/29/2008 Referred Governmental Operations and Environment Committee 11/10/2008

County Attorney 10/29/2008 Assigned Thomas H. Robertson

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR TO CREATE AND IMPLEMENT A PROGRAM WHEREBY SENIOR CITIZENS FACING CODE ENFORCEMENT COSTS AND PENALTIES CAN RECEIVE A SUBSTANTIALLY DISCOUNTED AND/OR WAIVED SETTLEMENT OF THOSE COSTS AND PENALTIES WHERE COMPLIANCE HAS OCCURRED

BODY
WHEREAS, senior citizens often face the prospect of code enforcement violations on their primary residences; and
WHEREAS, senior citizens are much less likely to be able to correct those code enforcement violations in a timely manner; and
WHEREAS, the County Code provides for significant costs and penalties in the event of citations for code violations; and
WHEREAS, senior citizens are often force to exist on fixed incomes or reduced incomes due to retirement; and
WHEREAS, it is in the County’s best interest that these code violations be corrected effectively and efficiently regardless of any collection of the total costs and/or penalties which may be assessed,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Mayor is hereby directed to create and implement a program whereby senior citizens who have code violations on
their primary residence and have been cited for those code violations and are thereby facing code enforcement costs and penalties, shall be able to enter into settlements of the costs and penalties that significantly lower than the total amount. The program shall be available to any person 65 years of age or older facing code enforcement costs and penalties due to code violations on their primary, homestead residence and who have corrected the code violations or are in the process of correcting the code violations such that the settlement described herein includes complete correction of the code violation. The program shall give special consideration to senior citizens who are in default of their mortgage such that they are in foreclosure or foreclosure is threatened. The Mayor shall report back to this Board of County Commissioners on the creation and implementation of this program within ninety (90) days of the approval of t his Resolution.



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