2015-12 Amending Police Cost Recovery Program ORDINANCE NO. 2015-12
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER
18 "BUSINESS REGULATIONS, TAXES AND PERMITS", BY
AMENDING ARTICLE IV "POLICE COST RECOVERY";
AT SECTION 18-80 "RECOVERY OF COSTS FOR FAILURE
OF RESPONSIBLE PERSON TO APPEAR ON BEHALF OF
BUSINESS"; TO AUTHORIZE IMPOSITION OF A
MINIMUM SERVICE FEE IN LIEU OF THE RECOVERY
OF ALL COSTS INCURRED BY THE CITY POLICE
DEPARTMENT UNDER CIRCUMSTANCES IN WHICH A
CRIMINAL PROSECUTION IS ABANDONED, DISMISSED
OR FAILS AS A DIRECT RESULT OF THE FAILURE OF A
RESPONSIBLE PERSON TO APPEAR IN LAW
ENFORCEMENT OR COURT PROCEEDINGS ON BEHALF
OF THE OWNER OR OPERATOR OF A BUSINESS
ESTABLISHMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, based upon information provided by the police department of the
City of Aventura ("City"), the City Commission finds that it is necessary to amend the
cost recovery program, as provided herein, to enable the imposition and collection of a
minimum service fee as an alternative to the existing program which permits the City to
recover all costs incurred by the City's police department, including costs incurred in
responding to a suspected crime scene, investigating and reporting suspected crime,
apprehending and/or transporting persons accused of committing crimes, and assisting
the prosecuting authorities in connection with the prosecution of crime, in those
circumstances in which criminal prosecutions are abandoned, dismissed or fail as a
direct result of the failure of the responsible person of a business establishment to
appear as required by law; and
WHEREAS, the City Commission has held the required public hearing, duly
noticed in accordance with law; and
WHEREAS, the City Commission finds that this proposed Ordinance serves to
further enhance the protection of the public health, safety and welfare and to protect
and preserve limited public resources.
City of Aventura Ordinance No. 2015-12
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS':
Section 1. Recitals Adopted. That each of the above stated recitals is
hereby adopted and confirmed.
Section 2. City Code Amended. That Chapter 18 "Business Regulations,
Taxes, and Permits" of the City Code, is hereby amended by amending Article IV
"Police Cost Recovery", at Section 18-80 "Recovery of Costs for Failure of Responsible
Person to Appear on behalf of Business," by amending paragraphs (b) — (f) thereof, to
read as follows:
ARTICLE IV. POLICE COST RECOVERY
Section 18-80. Recovery of Costs for Failure of Responsible Person to Appear on behalf of
Business.
(b) Service charge imposed. Pursuant to the City's authority under its constitutional home
rule powers, as codified in Section 166.021, Florida Statutes, and as also authorized by
Section 166.201, Florida Statutes, a service charge in the full amount of the City's costs
incurred is hereby imposed upon the business owner or operator, in the event that a
criminal charge is abandoned, dismissed or fails as a direct result of a responsible
person's failure to appear in court proceedings. The identity of each responsible person
may be noted in the applicable offense report or in a supplemental report. A written
certification by the State Attorney, Court Administrator or the City's Police Chief that
a criminal charge is abandoned, dismissed or fails as a direct result of the failure to
appear Of of a responsible person shall be prima facie evidence that the costs incurred
are the obligation of the business owner or operator pursuant to this section. In lieu of
imposing a service charge for the full amount of the City's costs, the Police Chief may,
at his or her discretion, determine that a service charge of only two hundred ($200)
dollars shall be imposed based on the amount of time involved in the case or other
mitigating conduct of the responsible person or business owner or operator.
(c) Computation of costs. If the service charge is based upon the full amount of the City's costs (the
"Full Cost Formula"), The the City's Finance Director shall calculate the costs incurred by the
City's Police Department, based upon pertinent information provided in writing by the Police Chief
or his designee.
I Underlined provisions constitute proposed additions to existing City Code text.Sk+kethreugh provisions constitute proposed deletions to
existing City Code text.
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City of Aventura Ordinance No.2015-12
(d) Appeal of Finanee Director's determination: Any person aggrieved by a decision of the Finance
Director concerning the calculation of costs incurred under the Full Cost Formula or aggrieved by a
determination of the Police Chief to impose the above described $200 service charge as fequired
respectively provided by this section, may appeal the matter to the City Manager. The aggrieved
person shall have ten days from receiving the respective written decision of the City's Finance
Director or Police Chief to file a written appeal to the City Manager. The written appeal shall
specify as to whether review is sought as to the liability of the business owner or operator and/or as
to the calculation of the costs incurred. The City Manager may accept, reject, or modify the
decision of the City's Finance Director or Police Chief, based upon the scope of review requested
and upon a review of the information provided to the City Manager and his or her findings as to
whether or not the business owner or operator is, pursuant to the intent,purposes and requirements
of this section, liable for the costs incurred and as to whether the amount of the costs incurred has
been correctly calculated. The City Manager shall find that the business owner or operator is not
liable for the costs incurred in the event that the business owner or operator demonstrates that: (1)
the responsible person no longer served as an employee, agent or servant of the business owner or
operator at the time of the failure to appear; or (2) the responsible person's failure to appear
occurred solely because the responsible person did not receive a notice or subpoena to appear at
court proceedings, if such notice or subpoena was required by law; or(3)the responsible person's
failure to appear was not caused by the negligent, reckless or intentionally wrongful conduct of the
responsible person and was unavoidable. Any person aggrieved by a decision of the City Manager
may timely seek judicial review of the matter in a court of competent jurisdiction to the extent and
manner authorized by applicable law.
(e) Liability; collections. Each business owner and operator on whose behalf a responsible person has
failed to appear as required by this section, shall be jointly and severally liable to the City for the
costs incurred as outlined herein as a result of such failure to appear.Costs incurred pursuant to this
section may be collected by the City pursuant to the following procedure:
(l) The service charge imposed by the City for the costs incurred shall be due and payable not
later than 30 days after the date of the mailing or hand delivery of the City's invoice to the
business owner or operator for cost recovery,and said due date shall be indicated upon the
invoice of the City.
(2) If such service charges are not fully paid by the business owner or operator on or before
the past due date,a late fee of five percent shall be imposed by City and shall be added to
the outstanding invoice. Unpaid balances of business owners or operators for such service
charges and late fees shall be subject to an interest charge at the rate of one percent per
month in accordance with the provisions of paragraph (3) below. Imposition of said
interest charge shall commence for any delinquency existing 30 days after the past due
date of the invoice and shall continue to accrue until all service charges, late fees and
interest charges are paid.
(3) Service charges and late fees, together with any interest charges, shall be debts due and
owing to the City and such debts shall be recoverable by the City or its assignee, in any
court of competent jurisdiction.
(f) Implementation. The City Manager and Police Chief, with any necessary assistance from the City
Attorney, are authorized to develop and implement forms for the efficient administration and
implementation of this section, including forms for the determination of the applicable service
charges.
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City of Aventura Ordinance No. 2015-12
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of the City of Aventura; that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Penalty. That any person who violates any provisions of this
Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or
imprisonment in the County jail not to exceed sixty (60) days or both such fine and
imprisonment. Each day that a violation continues shall be deemed a separate
violation. This Ordinance shall also be subject to enforcement under the Local
Government Code Enforcement Act, Chapter 162, F.S., as amended, and City Code
Section 2-331 , et. seq., as amended. Enforcement may also be by suit for declaratory,
injunctive or other appropriate relief in a court of competent jurisdiction or as authorized
by Section 162.22, F.S.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
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City of Aventura Ordinance No. 2015-12
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Landman and
upon being put to a vote, the vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Enbar Cohen Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Cohen, who moved its
adoption on second reading. This motion was seconded by Commissioner Narotsky
and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Absent
PASSED on first reading this 6th day of October, 2015.
PASSED AND ADOPTED on second reading this 3rd day of November, 2015.
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City of Aventura Ordinance No. 2015-12
I'ICE MAYOR
\■
ATTEST:
ELLISA L. HORVATH
CITY CLERK
APPROVED AS TO LEGAL SUFF ENCY:
)411,
CI SF,TT O EY
This Ordinance was filed in the Office of the City Clerk this day of 1,1t81. , 2015.
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