Miami-Dade Legislative Item
File Number: 181073
Printable PDF Format Download Adobe Reader Legislative Analysis  Clerk's Official Copy   

File Number: 181073 File Type: Ordinance Status: In Committee
Version: 0 Reference: 18-52 Control: Board of County Commissioners
File Name: AUTO REPAIR SHOPS AMNESTY EXTENSION Introduced: 4/24/2018
Requester: NONE Cost: Final Action: 5/15/2018
Agenda Date: 5/15/2018 Agenda Item Number: 5C
Notes: HAS SUNSET Title: ORDINANCE EXTENDING FOR AN ADDITIONAL NINE MONTHS, COMMENCING MAY 27, 2018 AND ENDING FEBRUARY 21, 2019, THE AMNESTY PERIOD CREATED BY ORDINANCE NO. 16-24 AND EXTENDED BY ORDINANCE NO. 17-49; EXTENDING A LIMITED EXCEPTION FROM CIVIL PENALTIES AND LIENS FOR CODE VIOLATIONS RELATING TO AUTO REPAIR SHOP BUSINESSES UPON AN OWNER’S COMPLIANCE WITH THE BUILDING AND ZONING CODES; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO PROVIDE INDIVIDUALIZED WRITTEN NOTICE TO REMAINING BUSINESSES NOT IN COMPLIANCE; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE
Indexes: AMNESTY
Sponsors: Rebeca Sosa, Prime Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: Yes 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 5/15/2018 5C Adopted P
REPORT: First Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Vice Chairwoman Edmonson opened the public hearing. Seeing no one wanting to speak, Vice Chairwoman Edmonson closed the public hearing. Commissioner Martinez questioned the ultimate goal of the extension. Commissioner Sosa reported that the extension was an effort to bring all businesses into full code compliance, noting this was intended to send a strong message that this was the last extension. She indicated that businesses should use the money to bring the property into compliance rather than to pay penalties. Commissioner Edmonson said that adding an additional nine months brings the extension period to a total three years, noting the impact to Commission District 3. She inquired whether District 3 could be bifurcated. Assistant County Attorney Abbie Schwaderer-Raurell pointed out that the request to bifurcate was not appropriate because this was an enforcement matter. Commissioner Edmonson said conditions were getting worse with cars being parked in medians. Commissioner Souto asked to be listed as a co-sponsor. Commissioner Martinez commented on the environmental impact of painting cars outside and inquired whether nine months was needed for the extension. Commissioner Sosa indicated that there were compliance issues relating to building structures and the extension was for code violations related to structural compliance. Commissioners Edmonson and Martinez mentioned they understood that the amnesty was for businesses parking cars and doing body work outside. Assistant County Attorney Eddie Kirtley stated the amnesty would apply to zoning and building code violations, noting businesses would not be allowed to work on cars in front of the building. He said the amnesty would give businesses time to bring themselves into corrective action through building or fixing their structure or moving their operations inside. Assistant County Attorney Kirtley noted there would be no enforcement for working outside during the nine month amnesty period. Commissioner Jordan inquired whether they would be allowed to work outside for the next nine months without violation to which Assistant County Attorney Kirtley said the Department will not provide citations during the amnesty period. Commissioner Jordan also noted an increase in violations in District 1. She said she would not support nine months but maybe would support three months. She questioned the number of business who took corrective action. Ms. Lourdes Gomez, Deputy Director, Regulatory and Environmental Resources Department, reported there were originally approximately 200 cases and 26 were currently open. She noted she was unaware of the number of new cases; however, those businesses would be given equal treatment. Commissioner Jordan asked Commissioner Sosa to consider six months. Commissioner Sosa commented on the success of the amnesty program. She mentioned violating businesses would be receiving individualized notices indicating the nature of the violation and the consequences of non-compliance during the amnesty period. Ms. Gomez responded to Commissioner Sosa’s inquiry whether six months would be adequate by noting six months was the life of a building permit. Commissioner Sosa said she did not want to come before the Board to extend this another time, noting she preferred a nine month period. Discussion ensued over the number and duration of previous extensions. Commissioner Jordan inquired whether the Department of Environmental Resources Management (DERM) visited these sites to which Ms. Gomez reported she did not have this information. She said businesses were not cited for a DERM violation. Commissioner Edmonson pointed out that the police were often called to immediately get vehicles out of the streets. She explained that DERM needed to see the car in the street; however, the car was not there when they arrived. Commissioner Jordan stated changing oil outside in the streets was a DERM violation. She asked that the remaining 26 businesses be referred to DERM to ensure the health and safety of our community and its residents were being protected. Commissioner Moss indicated that he did not realize this problem was so widespread, noting similar problems in District 9. He questioned whether there were any businesses in District 9 that were currently on the violation list; whether new businesses added to the list would be included in the amnesty period; and how the County became aware of this situation. Ms. Gomez indicated that there were no District 9 businesses on the original violation list and that new cases would be given the same amnesty benefit as did the original cases. She said the County was advised of this situation through another business who was cited for a violation. Commissioners Moss and Edmonson asked Ms. Gomez and Deputy Mayor Jack Osterholt to review the widespread practice of auto repair shops conducting business outdoors and storing vehicles on public roadways and to provide the Board with solutions for those businesses to comply with County regulations. Hearing no further questions or comments, the Board proceeded to vote to adopt the foregoing proposed ordinance.

Board of County Commissioners 5/1/2018 4B Adopted on first reading 5/15/2018 P
REPORT: County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Sosa requested the rule requiring Committee review be suspended so that the public hearing could be held at the next Board of County Commissioners meeting. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Board of County Commissioners on May 15, 2018 at 9:30 a.m.

County Attorney 4/24/2018 Referred Government Operations Committee 6/12/2018

County Attorney 4/24/2018 Assigned James Eddie Kirtley

Legislative Text


TITLE
ORDINANCE EXTENDING FOR AN ADDITIONAL NINE MONTHS, COMMENCING MAY 27, 2018 AND ENDING FEBRUARY 21, 2019, THE AMNESTY PERIOD CREATED BY ORDINANCE NO. 16-24 AND EXTENDED BY ORDINANCE NO. 17-49; EXTENDING A LIMITED EXCEPTION FROM CIVIL PENALTIES AND LIENS FOR CODE VIOLATIONS RELATING TO AUTO REPAIR SHOP BUSINESSES UPON AN OWNER’S COMPLIANCE WITH THE BUILDING AND ZONING CODES; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO PROVIDE INDIVIDUALIZED WRITTEN NOTICE TO REMAINING BUSINESSES NOT IN COMPLIANCE; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, auto repair shop businesses are unique in that the nature of the work performed requires access to open air for proper ventilation and the frequent movement of cars in and out of doors; and
WHEREAS, accordingly, some auto repair shop businesses have been conducting operations out of doors in the front of the property, in violation of the County Code, while other such businesses are properly following the requirements of the Code; and
WHEREAS, this Board has recognized that many auto repair shops are small businesses and that strict application of the County’s system of fines and penalties relating to Code violations may work a hardship upon them; and
WHEREAS, accordingly, this Board adopted Ordinance No. 16-24 to create a limited exception from civil penalties and liens resulting from Building Code and Zoning Code violations for auto repair shop businesses with operations being conducted out of doors in the front of the property; and
WHEREAS, this Board adopted Ordinance No. 16-24 to encourage compliance with the County Code while being mindful of the potential hardship on small business owners; and
WHEREAS, Ordinance No. 16-24 provided a period of 18 months in which businesses would have the opportunity to come into compliance with the Building Code and Zoning Code (the “Amnesty Period”); and
WHEREAS, Ordinance No. 17-49 extended the Amnesty Period for an additional nine months to allow these small businesses additional time to comply with the Code; and
WHEREAS, in the time since Ordinance No. 17-49 was adopted, five businesses have come into compliance, but 27 others still remain out of compliance; and
WHEREAS, this Board wishes to continue to encourage compliance and to give the remaining businesses that are not in compliance one additional limited opportunity to rectify their Code violations; and
WHEREAS, in connection with this limited additional opportunity, the County shall provide individualized notices to these businesses to ensure that they understand that this shall be the final opportunity for compliance, exactly what must be done in each case to comply with the Code, and that non-compliance shall result in the taking of enforcement action, including the imposition of fines and liens and the possible revocation of a Certificate of Use; and
WHEREAS, this Board now wishes to extend the Amnesty Period for an additional nine months in the manner more particularly set forth below,


NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. The Amnesty Period created by Ordinance No. 16-24 and extended by Ordinance No. 17-49 shall be extended for an additional nine months, commencing May 27, 2018 and ending February 21, 2019.
Section 2. The County Mayor or designee is directed to provide individualized written notice to the remaining businesses not in compliance specifying the particular Code violations that are outstanding as to each business, what must be done to rectify them, and that non-compliance shall result in the taking of enforcement action, including the imposition of fines and liens and the possible revocation of a Certificate of Use. Such notice shall also state that the limited extension of the Amnesty Period hereby provided shall constitute the final opportunity for compliance.
Section 3. The County Mayor or designee is directed to implement the necessary procedures and to develop the necessary documents to give effect to the intent of this ordinance.
Section 4. This ordinance shall not apply in the event that the County has commenced a civil action to collect on the civil penalties or to foreclose a lien. This ordinance shall not serve as a defense against any such action or against any enforcement action brought by the County.
Section 5. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 6. It is the intention of this Board, and it is hereby ordained that the provisions of this ordinance, shall be excluded from the Code of Miami-Dade County.

Section 7. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
PASSED AND ADOPTED:





Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2022 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2022 Miami-Dade County.
All rights reserved.