Legislative Matter

Miami-Dade Legislative Item
File Number: 092555

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Clerk's Official Copy

File Number: 092555

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1171-09

Control: Board of County Commissioners

File Name: WATER SHUT OFF IN OCCUPIED MULTI-FAMILY

Introduced: 9/11/2009

Requester: NONE

Cost:

Final Action: 10/6/2009

Agenda Date: 10/6/2009

Agenda Item Number: 11A5

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR TO PREPARE A PLAN TO ADDRESS THE PROBLEM OF WATER SHUT-OFF IN OCCUPIED MULTI-FAMILY BUILDINGS [SEE ORIGINAL ITEM UNDER FILE NO. 092250]

Indexes:

WATER SERVICE

Sponsors:	Katy Sorenson, Prime Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Rebeca Sosa, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Sen. Javier D. Souto, Co-Sponsor
	Carlos A. Gimenez, 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	10/6/2009	11A5	Adopted				P

County Attorney	9/11/2009		Assigned	Thomas H. Robertson

Government Operations Committee	9/8/2009	2B Amended	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Daniel Frastai read the foregoing proposed resolution into the record. Commissioners Sosa, Diaz and Edmonson spoke in support of this proposed resolution and asked to be listed as co-sponsors. Chairman Gimenez welcomed Commissioner Sorenson, sponsor of the foregoing proposed resolution. Commissioner Sorenson noted the focus of this resolution was mainly on renters. She noted condominiums were different because they had associations and often had their own meters, whereas rental buildings usually had one meter. Commissioner Edmonson noted some condominiums in her District suffered the same consequences and she suggested this proposal be amended to include condominiums. Commissioner Sorenson accepted Commissioner Edmonson’s proposed amendment but noted a separate plan would need to be prepared to address water shut-off in condominiums and rental buildings. Hearing no further comments or questions, the Committee voted on this proposed resolution as amended.

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR TO PREPARE A PLAN TO ADDRESS THE PROBLEM OF WATER SHUT-OFF IN OCCUPIED MULTI-FAMILY BUILDINGS

BODY
WHEREAS, the County through the Water and Sewer Department faces a continuing problem with unpaid bills and subsequent water shut-off to multi-family units that are occupied; and
WHEREAS, tenants in good standing in these multi-family buildings can have their water service shut-off through no fault of their own if their landlord stops paying water bills in anticipation of foreclosure; and
WHEREAS, because the courts are backed up with foreclosure cases, it is often several months before a foreclosure sale is completed and possession of these properties is transferred, and in the interim period tenants in good standing can be left without water service thus rendering otherwise adequate housing inhabitable; and
WHEREAS, this problem will continue to grow as the foreclosure rates continue to rise; and
WHEREAS, other states and municipalities have taken action to prevent water shut-offs in such situations; and
WHEREAS it is advantageous to the County and its residents to develop a consistent policy that seeks the recovery of past due revenues while recognizing that it is no one�s interest for tenants in good standing to be forced out of their homes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the County Mayor is directed to prepare a plan to address the issue of water shut-off in occupied multi-family buildings. This plan should strive to maintain water service for tenants in good standing and include various strategies including early notification to tenants and/or mortgage holders concerning the default in water payments. >>The plan shall separately address condominium or similar buildings with common meter where the association is not paying the water bill, but individual unit owners may be paying required assessments.1<< This plan should be returned to this Board of County Commissioners within ninety (90) days the date hereof.

1 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.