2009-27183 ResoRESOLUTION NO.
2009-27183
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT OF A CITY LIEN ON REAL PROPERTY
LOCATED AT 1235 ALTON ROAD, MIAMI BEACH, FLORIDA
OWNED BY ALEXANDER LOPEZ, RESULTING FROM SPECIAL
MASTER CASE NO. JB07000158 AND PROVIDING THAT THE
LIEN IN THE AMOUNT OF $104,572.79 PLUS INTEREST, BE
SETTLED BY DISMISSING THE AMOUNT IN ITS ENTIRETY;
AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE
SUCH ACTION(S) AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COMPLETE SUCH LIEN RELEASES AND
SETTLEMENTS.
WHEREAS, Alexander Lopez owns the real property located at 1235 Alton Road,
and has accumulated Building fines in the amount of $104,572.79 plus interest under
Special Master Case No. JB07000158; and
WHEREAS, the lien was the result of a contractor who failed to obtain a building
permit for roofing the structure located upon the real property; and
WHEREAS, the contractor complied in obtaining the necessary building permits,
and paying the appropriate permit penalties to the City of Miami Beach; and
WHEREAS, these extenuating circumstances are hereby determined to be a
legitimate reason for waiver and satisfaction of the outstanding lien owed to the City of
Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a lien on 1235
Alton Road in the amount of $104,572.79 for Special Master Case No. JB07000158 is
hereby waived and/or satisfied as a result of the extenuating circumstances which
surrounded the failure of the contractor in obtaining the appropriate Building permits, and
the subsequent efforts undertaken by the contractor in correcting this situation; and
further authorizing the City Manager to take such action(s) and execute any and all
necessary documents to complete such lien releases and settlements.
PASSED and ADOPTED this 9th day of September , 2009.
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ATTE T: Matti Herrera Bower,
lN~ 1,~ A~~iR~V:O ~S
CITY CLERK ~Cyf~l! $ L~,~1(~
Robert Parcher .r~ ~~ ~~s'r'~vty
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COMMISSION ITEM SUMMARY
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A Resolution approving the settlement of a City lien on real property located at 1235 Alton Road
owned by Alexander Lopez providing that the lien in the amount of $104,572.79 be settled by
~ dismissing the amount of its entirety
Key Intended Outcome Supported:
Ensure compliance with Code within reasonable time frame.
Supporting Data (Surveys, Environmental Scan, etc.}: N/A
Issue:
Shall the Ma or and Cit Commission a rove the Resolution?
Item Summa /Recommendation:
The property at 1235 Alton Road is a small commercial building owned by Alexander Lopez, a
local dentist. In applying for an Occupational License for the building, Mr. Lopez learned that
there was a $104,572.79 lien on the property. We have resolved Mr. Lopez's Occupational
License issue; however, the lien remains to be addressed.
In 2006, Mr. Lopez contracted with a roofing company to re-roof the structure. Mr. Lopez
submitted the contract documents which indicate that the contractor was responsible for all
appropriate permits and fees. The contractor failed to obtain a building permit and was
subsequently cited for performing work without a building permit. The contractor paid the
appropriate fees to the Building Department and the contractor timely applied for and received a
roofing permit. For a variety of circumstances the contractor had to reapply for two (2)
subsequent building permits before the final inspection could be completed by the City of Miami
Beach. As there was timely compliance and a good faith effort on the part of the contractor to
achieve the final inspection, the $104,572.79 lien on Mr. Lopez's property is unwarranted.
Waiving the entire lien amount is recommended as the appropriate solution as there was no fault
of the property owner and the contractor paid the appropriate penalties in obtaining an after the
fact permit and that inspection completion was not the fault of the contractor.
Adviso Board Recommendation:
N/A
Financial Infermatien:
Source of Amount Account
Funds: 1
OBPI Tota{
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Robert C. Middaugh, Assistant City Manager
Sian-Offs: ~
Department Director Assis nt Cit Manager Cit onager
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 9, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF A CITY LIEN
ON REAL PROPERTY LOCATED AT 1235 ALTON ROAD, MIAMI BEACH,
FLORIDA OWNED BY ALEXANDER LOPEZ, RESULTING FROM SPECIAL
MASTER CASE NO. JB07000158 AND PROVIDING THAT THE LIEN IN THE
AMOUNT OF $104,572.79 PLUS INTEREST, BE SETTLED BY DISMISSING
THE AMOUNT IN ITS ENTIRETY; AND FURTHER AUTHORIZING THE CITY
MANAGER TO TAKE SUCH ACTION(S) AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN RELEASES AND
SETTLEMENTS.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
ANALYSIS
The property at 1235 Alton Road is a small commercial building owned by Alexander Lopez,
a local dentist. In applying for an Occupational License for the building, Mr. Lopez learned
that there was a $104,572.79 lien on the property. We have resolved Mr. Lopez's
Occupational License issue; however, the lien remains to be addressed.
In 2006, Mr. Lopez contracted with a roofing company to re-roof the structure. Mr. Lopez
submitted the contract documents which indicate that the contractor was responsible for all
appropriate permits and fees. The contractor failed to obtain a building permit and was
subsequently cited for performing work without a building permit. The contractor paid the
appropriate fees to the Building Department and the contractor timely applied for and
received a roofing permit. For a variety of circumstances the contractor had to reapply for
two (2) subsequent building permits before the final inspection could be completed by the
City of Miami Beach. As there was timely compliance and a good faith effort on the part of
the contractor to achieve the final inspection, the $104,572.79 lien on Mr. Lopez's property is
unwarranted. Waiving the entire lien amount is recommended as the appropriate solution as
there was no fault of the property owner and the contractor paid the appropriate penalties in
obtaining an after the fact permit and that inspection completion was not the fault of the
contractor.
Approval of the settlement is recommended.
JMG\RCM\sam
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