Legislative Matter

Miami-Dade Legislative Item
File Number: 162774

Printable PDF Format

File Number: 162774

File Type: Resolution

Status: Deferred by the Board

Version: 0

Reference:

Control: Board of County Commissioners

File Name: COUNTY BUILDING PERMIT PROCESS - UNPAID FEES

Introduced: 12/5/2016

Requester: NONE

Cost:

Final Action:

Agenda Date: 3/21/2017

Agenda Item Number: 11A2

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PREPARE AND INITIATE A PROCESS WHEREBY COUNTY DEPARTMENTS INVOLVED IN THE COUNTY BUILDING PERMIT PROCESS ARE NOTIFIED IF A PERMIT APPLICANT OR HOLDER OWES ANY OTHER COUNTY DEPARTMENT MONIES FOR UNPAID FEES, COSTS, PENALTIES OR LIENS RELATING TO BUILDING PERMITS; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PROVIDE A REPORT TO THE BOARD WITHIN 60 DAYS

Indexes:	COUNTY DEPARTMENTS
	PERMITS
	LIENS
	FEE
	BUILDING

Sponsors:	Daniella Levine Cava, Prime Sponsor
	Sally A. Heyman, 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	3/21/2017	11A2	Deferred				P
REPORT:	Commissioner Levine Cava said it was brought to her attention through a Miami Herald article that some hotels in Miami Beach had failed to pay connection fees to the Water and Sewer Department (WASD). She noted she discovered that information was not shared among County departments regarding whether a permit applicant or holder owed monies for unpaid fees relating to building permits. Commissioner Levine Cava explained that many of the outstanding bills were never collected because of the Statute of Limitations. She stated that WASD had made a commitment to collect those fees if any new work was required; unfortunately new work was done, but this was not communicated to the WASD; and the proposed resolution was an attempt to remedy this communications gap. She disclosed that two major hotels never paid their bills: the Lowes Hotel in Miami Beach and the Trump Tower in Bal Harbor. Commissioner Sosa expressed her concern that the proposed resolution could have unintended consequences. She pointed out that very often condominiums or houses shared one water meter; usually it was the developer who did not pay his fees; yet, the proposed legislation would penalize the residents of the houses or condominiums. Commissioner Sosa said she was also concerned that the proposed resolution did not have a cost estimate, and did not contain exceptions (for example for people with disabilities who could not come to the permitting department). Commissioner Heyman pointed out that the proposed resolution was not a mandate; it simply initiated a process. Commissioner Martinez said he did not believe that the proposed resolution would affect homeowners; rather, it would affect developers who owed the County moneys. He inquired whether the proposed resolution would harm end users. Ms. Lourdes Gomez, Deputy Director, Regulatory and Economic Resources Department, noted in a new development, the developer would be responsible to resolve code enforcement issues connected with the property. However, she explained that in the case of a large shopping center, where the owner leased retail space, if a prior tenant owed money for fees, the new tenant might have to wait until the issue was resolved. Commissioner Martinez stated that if it was possible that an end user would be harmed through no fault of his or her own by the passage of this item, then he could not support this proposed legislation. Commissioner Monestime pointed out that this item simply directed the Mayor to prepare a report; therefore, it appeared that this discussion was premature. Commissioner Levine Cava suggested that the proposed resolution be allowed to move forward; and once the report was prepared, the County Commission could then have a discussion. Commissioner Diaz said he believed that it would be best to revise the proposed resolution before allowing it to move forward, because certain questions needed to be addressed before he could support the item. As the Chair of the Government Operations Committee, Commissioner Moss moved that the item be deferred to allow the members to discuss these questions that were never raised at the committee level. Commissioner Jordan suggested that rather than deferring the proposed resolution, it be amended to include the points that were raised in today’s (3/21) meeting. Commissioner Barreiro pointed out that the proposed resolution required the Administration to initiate a process and then report back to the County Commission. In addition, he noted, this item encompassed more than the County’s process, because it also involved municipalities. There being no further questions or comments, the Board proceeded to defer the foregoing proposed resolution to no date certain. The foregoing proposed resolution was deferred to no date certain.

Government Operations Committee	2/14/2017	2A	Forwarded to BCC with a favorable recommendation				P
REPORT:	Chairman Moss introduced the foregoing proposed resolution into the record and subsequently opened the public hearing. Assistant County Attorney Eddie Gonzalez corrected a scrivener’s error on handwritten page three (3) on the second line of the second “whereas” clause to change the word “of” to “or” and noted that the phrase should read “no County officer, agent, employee or Board shall approve …” 1. Mr. David Weston, 10411 SW 123rd Street, Miami FL, appeared in support of the foregoing proposed resolution. Referencing Exhibit 2A, Mr. Weston provided a brief history of his findings regarding uncollected connection fees owed to the County by City of Miami Beach Hotels. 2. Ms. Carmen Baker, 16394 SW 86th Court, Palmetto Bay FL 33157, appeared in support of the foregoing proposed item and spoke about the benefits of streamlining the County’s building permit processing departments and procedures. Seeing no other persons wishing to appear, Chairman Moss closed the public hearing. Assistant County Attorney Eddie Gonzalez read the foregoing proposed resolution into the record. Commissioner Levine Cava reviewed the intent of the foregoing proposed resolution and explained how the item would help streamline the County’s building permit process making it more efficient and cohesive. She noted that the Office of the Inspector General was also involved in the matter of the outstanding connection fees and invited Inspector General Mary T. Cagle to address the Committee members. Inspector General Mary T. Cagle, 601 NW 1st Court, Miami FL 33136 explained that the Office of the Inspector General (OIG) became involved in the matter at the request of Commissioner Levine Cava following Mr. Weston’s complaint and voiced her support for the foregoing proposed resolution. She informed the Committee members that she had met with the Director for Miami-Dade’s Water and Sewer Department, Mr. Lester Sola, with the hopes of developing a proactive solution to address the issues at hand. Commissioner Sosa requested clarification regarding the intent of the foregoing proposed resolution and inquired whether the item sought to prevent illegal activity through proper tracking and connectivity between County departments. Commissioner Levine Cava clarified that the item did not speak to criminal illegalities but rather violations of the County’s rules and processes regarding payment/collection of application and permit fees. Commissioner Sosa argued that the foregoing proposed resolution’s title language spoke about illegal activity when it mentioned “if a permit applicant or holder owes any other County Department monies for unpaid fees, costs, penalties or liens relating to building permits;” and requested direction from the County Attorney’s Office as to interpretation. Assistant County Attorney Eddie Gonzalez confirmed that permit applicants/holders were legally responsible for paying fees, penalties and liens. Commissioner Sosa pointed out that an integral component of the item was to notify the County Departments involved in the County building permit process of delinquent permit applicants/holders in the event they attempted to acquire additional permits before first resolving outstanding balances or liens due to the County, and reasoned that enforcement would deter applicants from violating the County’s rules and policies. Assistant County Attorney Eddie Gonzalez pointed out that County code 8CC-7(d) discussed code enforcement issues, specifically the recovery of unpaid civil penalties and liens; prohibition of the issuance of permits, licenses, certificates of use and occupancy, or zoning approvals to violators with unpaid civil penalties or liens. There being no further questions or comments, the Committee members proceeded to vote on the foregoing proposed resolution as presented.

Office of Agenda Coordination	2/13/2017		Scrivener's Errors
REPORT:	On hand written page 3 on the second line of the second whereas clause, the word "of" should be changed to "or". Therefore, the phrase should read "no County officer, agent, employee or Board shall approve . . .

County Attorney	2/1/2017		Referred	Government Operations Committee	2/14/2017

Metropolitan Services Committee	1/18/2017	2C	No action taken due to cancellation of meeting

Metropolitan Services Committee	12/14/2016	2C	Deferred				P

Office of the Chairperson	12/13/2016		Deferrals		12/14/2016
REPORT:	The Prime Sponsor is requesting deferral to the January 18, 2017 Metropolitan Services Committee meeting.

County Attorney	12/5/2016		Assigned	Eduardo W. Gonzalez		12/5/2016

County Attorney	12/5/2016		Referred	Metropolitan Services Committee		12/14/2016

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PREPARE AND INITIATE A PROCESS WHEREBY COUNTY DEPARTMENTS INVOLVED IN THE COUNTY BUILDING PERMIT PROCESS ARE NOTIFIED IF A PERMIT APPLICANT OR HOLDER OWES ANY OTHER COUNTY DEPARTMENT MONIES FOR UNPAID FEES, COSTS, PENALTIES OR LIENS RELATING TO BUILDING PERMITS; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE A REPORT TO THE BOARD WITHIN 60 DAYS

BODY
WHEREAS, the issuance and approval of a Miami-Dade County building permit commonly involves approvals and sign-offs from multiple County departments such as the Miami-Dade County Department of Regulatory and Economic Resources (RER), the Miami-Dade Water and Sewer Department (WASD), and Miami-Dade Fire Rescue (MDFR); and
WHEREAS, it is the policy of this Board as codified in Miami-Dade County section 8CC-7(d) that no County officer, agent, employee or Board shall approve, grant or issue any building permit to any entity with unpaid civil penalties, unpaid administrative costs of hearing, unpaid County investigative, enforcement, testing or monitoring costs or unpaid County liens; and
WHEREAS, to ensure compliance with the County policy set forth in section 8CC-7(d), this Board finds that is incumbent that County departments involved in the issuance, granting or approval of building permits have in place a system and process where such departments are notified if a permit holder or applicant owes another County department unpaid penalties, fees, fines, or costs of any kind relating to a building permit; and
WHEREAS, WASD has been attempting to recover millions of dollars in uncollected connections charges for projects that were provided building permits without the payment of required connection charges; and
WHEREAS, WASD instituted internal controls to prevent future cases of uncollected connection charges and to assure collection of existing unpaid charges; and
WHEREAS, despite these additional measures, the County, in at least one case, continued to issue building permits for properties with significant outstanding connection charges unpaid,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the County Mayor or County Mayor�s designee to prepare and initiate a process that ensures that County departments involved in the issuance, granting or approval of a building permit are notified whether the building permit applicant or holder owes another County department any unpaid fees, fines, or costs of any kind relating to a building permit so as to ensure that no building permits are issued, granted or approved to entities who are in violation of County policy.
Section 2. Directs the County Mayor or County Mayor�s designee to provide a report to this Board within 60 days summarizing the County�s efforts to comply with this resolution, and place the completed report on agenda of the Board pursuant to Ordinance No. 14-65.