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Agenda 10/13/2009 Item #10C Agenda Item No. 10C October 13, 2009 Page 1 of 6 EXECUTIVE SUMMARY To report to the Board of County Commissioners (Board) on the status of the Rental Registration late fee rebate program that was initiated at the direction of the Board and to request that the Board of County Commissioners provide guidance to the County Manager or his designee affirming stafPs recommendation to eliminate the Rental Registration program and in doing so direct staff to amend the Property Maintenance Ordinance to eliminate the Rental Registration Program as set forth in Section 22-264 of the Collier County Code of Laws and Ordinances and as established by Section Seven of Ordinance 04- 58, as amended. OBJECTIVE: To provide an update on the rental registration late fee rebate program as directed by the Board at the September 9, 2008 Board of County Commissioner meeting, and in addition, to obtain the Board's guidance whether to amend the Property Maintenance Ordinance to repeal the Rental Registration Program as set forth in Section 22-264, Rental dwelling unit registration requirements and procedures, a sub-element of Article VII, Housing Code, Chapter 22, Buildings and Building Regulations, of the Collier County Code of Laws and Ordinances and as established by Section Seven of Ordinance 04-58, Property Maintenance Ordinance, as amended. CONSIDERATION: On October 23, 2007, under Agenda Item 10M, the Board approved an amendment to Paragraph "00" of the Collier County Community Development and Environmental Services Fee Schedule related to fees for registration ofrental units. Based on that direction staff applied the following fees to the 2008 rental registration program. AO) REGISTRATION OF RENTAL DWELLINGS 1) Thefeefor registration of rental dwellings is asfollows: a. Initial Registration Fee - $30.00 per property b. Annual Renewal- $20.00 per property c. Annual Late Fee $10.00 per day per property up to a maximum of $80. d. The term "property ,.. means a parcel with any number of "rental units" located thereupon. e. A "rental unit" is any dwelling that is not owner occupied, but, occupied by someone other than the owner for any portion of a calendar year. 2) Rental Inspection a. Rental Inspection - $ 200.00 per unit b. Re-inspection fee - $ 50.00 per re-inspection per unit c. Rental inspections shall not be required for rental units covered by a Florida Department c<f Business and Professional Regulation ("DBPR ") license. A copy qf the DBPR in.spection report shall be provided with the initial rental registration and all subsequent rentals. .--- Agenda Item No. 10C October 13. 2009 Page 2 of 6 Per Board direction, the amended Fee Schedule was to be applied to the Rental Registration Program for the 2008 renewal period only and it deferred the decision on the collection of renewal late fees for the renewal period of 2006 and 2007 until conclusion of the Rental Registration Program investigation. Subsequently, at the June 10, 2008 meeting, under Agenda Item 10 F, staff returned to the Board to receive guidance on how to retroactively apply the late fee ($10 per day per property up to a maximum of $80) to all delinquent accounts for 2005, 2006 and 2007 and to seek guidance on whether staff should initiate a refund program for those property owners who may have overpaid late fees. At that meeting the Board directed that all past late fees related to delinquent accounts regardless of the year of registration be assessed retroactively at the current fee of $10 per day per property up to a maximum of $80 but deferred any decision regarding a refund program until staff had assessed the potential scale of such a refund program. On September 9, 2008, under Agenda Item I 0 B, staff reported to the Board that the potential scale of a proposed Rental Registration refund of late fees paid in excess of $80 for the period of Fiscal Years 2005 through 2007 to potentially involve 584 refunds at a dollar value not to exceed $101,990. Following that report, the Board directed that staff send letters to the registrants to notify them of the potential late fee overpayment and advise them of how to apply for a refund. Given that direction, staff sent out 584 letters notifying applicants of late fee overpayment and to date has processed and verified a total of 127 claims at a total refund amount of$18,150. These refunds are currently being issued from dedicated FY 20 10 CDES budgetary allocations which became available on Oct 1,2009. In regards to the Rental Registration Program, the program was first adopted by the County in 1996, at which time all properties that were not being occupied by the owner were required to register with Code Enforcement and provide a local contact in the event of violations. The ordinance has been modified over the years to implement improvements to the program including distinguishing between the impact of a single unit rental property and a multi-unit project. Basically, the program was put in place to provide a means to maintain an active and up to date roster of owners of rental properties for Code Enforcement to more expeditiously contact the property owners to correct violations found on their rental property. Collier County is one of approximately 20 jurisdictions within the State of Florida that has such a program. At the conclusion of a workshop on December 2, 2002, the Board directed staff to develop an ordinance. that addresses abandoned commercial buildings and properties. Subsequently, the Board adopted a Property Maintenance Ordinance. In an effort to make enforcement of the ordinance more efficient and to provide one document for the public in the event information related to these provisions are sought by the public, staff proposed and the Board approved a proposal to repeal all the ordinances and consolidate all the relevant ordinances into one unified document. The current rental registration program was approved as part of that initiative as Section Seven of Ordinance 04-58 and is now codified as Section 22-232, Article VI of Chapter 22, of the Collier County Code of Laws and Ordinances. In summation, the ordinance requires the registration and periodic inspection of rental properties where violations are found to ensure the continued maintenance thereof and prevent a reactive approach where Code Enforcement is 2 Agenda Item NO.1 OC October 13. 2009 Page 3 of 6 asked to get involved only after the problem is considered severe. As part of the FY05 budget staff added an additional FTE to perform the property inspections and fees were established to offset the costs of the additional field investigator as well as the administrative staff needed to support this program. When the program was first established, the fees generated through registrations along with the assessed late fees adequately supported the program. With the late fees being modified to no greater than $80 and with the change in the registration fee from $20 per unit to $20 per property the revenue generated is not sufficient to totally support the progran1 and as such the additional costs to administrator the program are absorbed in the general fund budget within the Code Enforcement Department. In FY08 the revenue received from the rental registration program was $155,150 representing a total of 5,065 rental registrations. The cost to administer the rental registration program in FY08 was approximately $250,000 which included 3 FTE's (1 Rental Registration Operations Coordinator and 2 Code Investigators). Staff has already sent out the notification letters to every registered rental property owner to notify the owners of the 2009-2010 registration year to include registration requirements and applicable fees. Staff notified the previous year registrants of the requirement to register rental properties and for those owners failing to re-register staff follows-up with a second notice and a personal contact by a customer service specialist to determine if the property is still a rental unit. The number of current registrations for FY09 is 4,254 which include 425 newly issued registrations this fiscal year. To date, the revenue for FY09 was $135,500 from 4,254 registrations. These FY09 costs for just the administrative part of the rental registration progran1, including office personnel expenses and operating supplies, and the costs for the additional temporary staff used to process and record the registrations and process fee payments, totals approximately $86,000. This cost does not include the additional costs of the field investigators to enforce the rental registration program as the two investigators assigned to the program have been diverted from enforcing this progran1 to enforcing the overall operational programs related to the enforcement of the Property Maintenance Ordinance as well as the foreclosure crisis and the related Blight Prevention Program. Given staffs ability to exploit property records the resources available today to easily identify the owners of rental properties that are deemed to be in violation of the Property Maintenance Standards, staff believes that it is more effective to use the existing general fund dollars being invested in this program to focus on proactive prevention of substandard rental properties in lieu of devoting staff time and effort on the registration process and needed follow-up to effectively track and monitor owners who fail to register their properties. In conclusion, staff believes that there is little benefit to the rental registration program and considering that the cost to administer the overall program exceeds the revenue generated, staff is requesting that the Board direct the County Manager or his designee to amend the Property Maintenance Ordinance to repeal the rental registration requirement. Staff recommends that the inspection fee as noted in the fee schedule remain and that the inspection program remain in the ordinance. Staff will continue to apply and enforce the inspection program for those properties - 3 Agenda Item No. 10C October 13. 2009 Page 4 of 6 where inspections are needed based on complaints of residents or observations of the code enforcement investigator for properties identified as failing to comply with the Property Maintenance Standards pursuant to the existing code. FISCAL IMPACT: The total budget for this program in the FY09 budget was $257,410 which included 3 FTE's (I Rental Registration Operations Coordinator and 2 Code Investigators). FY09 program revenue was budgeted at $500,000 based on the original fee schedules that were in effect at the time the budget was prepared. Program revenue details for FY09 and FYIO are as follows: Rental Housing (initial) Rental Housing (renewal) Rental Renewal (late) Totals: FY09 Adopted $ 80,000 $400,000 $ 20,000 ~ $500,000 FY09 Actual $ 24,050 $ 87,570 $ 23,910 $135,530 FY10 Forecasted $ 130,000 $ 30,000 $ 30,000 $ 190,000 The actual revenue for FY09 was far less than projected based on the changes made to both the registration fees and applicable late fees. The FY 10 budget was approved with one Rental Registration Coordinator. Code enforcement (investigations) of the program was essentially integrated into each of the five area investigator teams and into the overall Blight Prevention Program. Termination of the program will create a projected revenue shortfall of $190,000 into Fund 111, revenue projected to offset the overall general operating funding for the Code Enforcement Department as well as the funding of the assigned Operations Coordinator. The projected rental administrative expenses for FYI0 including office personnel expenses and operating supplies, the costs for the additional temporary staff used to process and record the registrations and process fee payments, totals approximately $90,000. The total savings to the county related to the elimination of this program will only be realized by eliminating all associated administrative expenses and by eliminating the Operations Coordinator FTE associated with the administration of the program. The incumbent in this position will either relocate to an existing non-Fund III position funded in the FY 2010 budget or released from County employment. The remaining $100,000 shortfall will be absorbed by the FY 10 Code Enforcement Fund 111 operating budget and justified through the operational need to continue to focus the assigned Property Maintenance and Rental Registration investigator staff on the Blight Prevention initiatives. LEGAL CONSIDERATIONS: This item does not raise any legal Issues. The County Attorney's Office will work with staff to implement Board direction. -JAK GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board accept the staff report on the current status of the late fee refund program and in doing so direct staff to continue to terminate the rental registration 4 Agenda Item No. 10C October 13, 2009 Page 5 of 6 refund program on or about November 1, 2009, recognizing that staff has exhausted all efforts to contact those property owners that were identified as possibly overpaying the applicable late fees. Also, that the Board direct the County Manager or his designee to amend the Ordinance which would repeal the requirements for the Rental Registration Program as set forth in Section 22-264 of the Collier County Code of Laws and Ordinance and as established by Section Seven of Ordinance 04-58, as amended, prior to the 20 10 / 2011 rental registration period. Prepared Bv: Joseph K, Schmitt, Administrator, CDES 5 Item Number: Item Summary: Meeting Date: Agenda Item No. 10C October 13, 2009 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS i0C To report to the Board of County Commissioners (Board) on the status of the Rental Registration late fee rebate program that was initiated at the direction of the Board and to request that the Board of County Commissioners provide guidance to the County Manager or his designee affirming staffs recommendation to eliminate the Rental Registration program and in doing so direct staff to amend the Property Maintenance Ordinance to eliminate the Rental Registration Program as set forth in Section 22-264 of the Collier County Code of Laws and Ordinances and as established by Section Seven of Ordinance 04-58, as amended. (Joe Schmitt, Community Development Administrator) 10/13/2009 9:00:00 AM Prepared By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 9117120095:19:04 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 10/212009 5: 02 PM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1014/20095:43 PM Approved By Garrett Mullee Community Development & Environmental Services Financial Operations Manager Date Financial Admin. & Housing 10/51200911:15 AM Approved By OMB Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 1015/200912:00 PM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 10/5/2009 1 :12 PM Approved By John A. Yonkosky County Manager's Office Director of the Office of Management Date Office of Management & Budget 101512009 2:36 PM