Legislative Matter

Miami-Dade Legislative Item
File Number: 092315

Clerk's Official Copy

File Number: 092315

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1428-08

Control: Board of County Commissioners

File Name: SENIOR CITIZENS FACING CODE ENFORCEMENT COSTS

Introduced: 8/17/2009

Requester: NONE

Cost:

Final Action: 12/16/2008

Agenda Date: 12/16/2008

Agenda Item Number: 11A1

Notes:

THIS IS THE FINAL VERSION AS ADOPTED.

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 [SEE ORIGINAL ITEM UNDER FILE NO. 083125]

Indexes:	CODE ENFORCEMENT
	CODE VIOLATION
	SENIOR CITIZENS
	SETTLEMENT

Sponsors:	Dorrin D. Rolle, Prime Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Rebeca Sosa, Co-Sponsor
	Sen. Javier D. Souto, 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

County Attorney	8/17/2009		Assigned	Thomas H. Robertson

Board of County Commissioners	12/16/2008	11A1 Amended	Adopted as amended				P
REPORT:	Commissioner Heyman expressed concern regarding the current language of the foregoing proposed resolution. She suggested that language be added to identify the economics of the senior citizens that may be issued a waiver. Assistant County Manager Alex Munoz explained that substitute language would be added and asked Assistant County Attorney Bruce Libhaber to come forward to read the language into the record. Assistant County Attorney Libhaber said that Commissioner Rolle’s request had been modified to add the following language: Therefore be it resolved by the Board of County Commissioners of Miami Dade County Florida the Mayor is hereby directed to create and implement a program whereby senior citizens who have code violations that are administered by either the Building Department or the Office of Neighborhood Compliance on their primary residence and have been cited for those code violations and are thereby facing code enforcement penalties shall be able to enter into a settlement of the costs and penalties that are significantly lower than the total amount. The program should be available for persons 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 included income limitations for participation based upon the average median income (AMI) as reported from time to time. Program shall give special consideration to senior citizens who are in default of their mortgage if they are in foreclosure or threatened foreclosure the program shall not reduce or waive any actual costs incurred by the county. 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 this Resolution. Assistant County Attorney Libhaber said this amendment established that the violations would be limited to the Building Department and the Office of Neighborhood Compliance; that income limitations would be included based on the average median income; and that no costs incurred by the County would be reduced. Responding to Commissioner Heyman’s inquiry on the term “income limitations” within the suggested amendment, Assistant County Attorney Libhaber explained that the income limitations would be developed by the Mayor and his staff based upon 75%, 100%, or 125% of the Average Median Income (AMI). He noted this proposed resolution only directed the Mayor to create a program. Commissioner Heyman expressed her concern regarding not having language that specifically stated the economic financial formula for seniors. Commissioner Sorenson asked to be listed as a co-sponsor to this proposed resolution. She stated that not all elderly people were poor, and she expressed concern regarding waiving fees for the elderly who were not poor. Commissioner Heyman expressed concern that seniors would have to wait 90 days for this resolution to come back before the Board. She suggested adding language to this proposed resolution that defined a particular income limitation as opposed to waiting until the implementation of the resolution. Commissioner Rolle noted that if he had to make a decision today he would suggest using 80% of the AMI, although he stated he would prefer to see what figure staff came up with. He said that he had received a number of calls from seniors in District 2 who were experiencing financial hard ships, subsequently he met with Team Metro and the Department of Planning & Zoning (DP&Z) which resulted in the amendments that Assistant County Attorney Libhaber previously read into the record. Commissioner Heyman expressed further concern and concurred with Commissioner Rolle’s statements regarding using 80% of the AMI. In response to Commissioner Seijas’ suggestion to place language in the requested amendment to this proposed resolution that would ensure the lender was not benefiting, Assistant County Attorney Thomas H. Robertson suggested the following language be added after the word “threatened”: “shall not directly or indirectly benefit any mortgage holder.”

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 that are administered by either the Building Department or the Office of Neighborhood Compliance 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 are significantly lower than the total amount. The program shall be available to persons 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 include income limitations for participation that shall not exceed 80% of the Average Median Income (AMI) as reported from time to time. 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 but shall be designed to prevent, to the extent possible, directly or indirectly benefiting any mortgage holder. The program should not reduce or waive any actual cost incurred by the County. 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.