116-2000 LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
L.T.C. No. 1/6 -J-ODO
LETTER TO COMMISSION
May 22, 2000
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
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FROM:
Lawrence A. Lev
City Man
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SUBJECT:
ASTER MITIGATIONS
Attached hereto are a number of special master mitigations which I have signed and forwarded to
the Special Master and Property Owners for their signatures. As requested at the last Commission
meeting on May 10, 2000, I am providing these to you in a report format. In order to introduce you
to the reasons I have approved these and the guidelines I have employed, I am providing you with
a short narrative below.
429 Lenox Avenue:
This matter reduced a $257,17Ilien to $35,000 plus submittal of a bond in the amount of $125,000
to ensure completion of project. Since this was executed on or about March 21,2000, I have been
informed by Stanley Price, the attorney for the owner, that the owner has obtained building permits
and financing for this project which will cost approximately $6 million. I have recently had a
telephone call from Mr. Price requesting waiver of the $125,000 completion bond and I have advised
him that since the Special Master has already signed this I will not agree to any changes unless the
Special Master approves.
4401 Royal Palm Avenue:
$15,000 in liens have been released in consideration ofa payment of$l,OOO by the owner to the
City. This is a foreclosure in which the City's liens were wiped out and the attorney for the owner
originally offered $500 in administrative costs to obtain releases from the City.
2236 Collins Avenue:
In this case, the City was releasing a lien in the amount of $5,300 for payment of $250. This was
a case of a business operating without an Occupational License. There is a letter in the file from the
owner of the business to the effect that the general manager of the business was fired and the
Occupational License was inadvertently not renewed. The Occupational License has since been
1
obtained and the settlement is in accord with the Florida State Attorney General's opinion that only
allows $250 in fines per year. 1996 was the only year in which there was a problem.
631 13 Street:
This is a release of a $l ,500 payment for payment in the amount of $250. It is a case in which there
were minor violations of property maintenance requirements and the violations have since been
corrected.
720 83 Street:
This is a release of liens in the amount of $1 ,350 in exchange for payment of $750. The violator
involved was operating an apartment complex without an Occupational License and Certificate of
Use. The Special Master awarded compliance in February 1998 and compliance was achieved in
March 1998 with an accrued fine of $l, I 00 in one case, and in another case compliance was ordered
in March 1998 and compliance was achieved in Aprill998. The property owner has documented
that she purchased the property in 1997 and was not aware of the need for an Occupational License
or Certificate of Use.
733 Michigan Avenue:
This is a release of lien in the amount of $9,257 in exchange for payment of $5,000. It involved four
property maintenance violations which were uncorrected upon the expiration of a warning notice.
The violations were eventually corrected and documentation has been submitted that the property
was owned by a gentleman who passed away in June 1998. There was extensive probate litigation.
Upon a sole personal representative of the estate being named, the property was brought into
compliance.
4316 Sheridan Avenue:
This is a release of lien in the amount of$13,000 against payment to the City of$5,000. It involved
six property maintenance violations which were of a minor nature and did not effect the health,
safety or welfare of the general public.
If you wish any further information with respect to these settlements, please contact Ronnie Singer
and she will provide an opportunity for you to review the files. Please understand that each of these
settlements is negotiated by staff and reviewed by the City Attorney's Office. Each one is then
reviewed by Ronnie Singer and again independently reviewed by me before being recommended to
the Special Master. If you have any questions about the process or wish to discuss any of these
matters further, please contact me at your convenience.
LAL:lcd
Attachment
c: Ronnie Singer, Executive Assistant to the City Manager
Robert Parcher, City Clerk
AI Childress, Code Compliance Director
F\CMGR\SALLIL TC-OO\SPECIALM.RPT
2
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
Code Compliance Department
Code Compliance (305) 673-7555
March 21, 2000
Mr. Stanley B. Price
Attorney
2500 First Union Financial Center
200 South Biscayne Blvd.
Miami, FL 33131-2336
RE: Case #JC970775/ JCE96878
429 Lenox Ave.
Dear Mr. Price:
Pursuant to our conversation, this letter agreement ("Agreement") will confirm
that the City of Miami Beach ("City"), Mr. Stanley E. Price (Attorney for Owner),
have agreed to recommend to the Special Master a settlement of the above-
referenced case based on the following facts and subject to the conditions
enumerated below:
(A) Payment of $ 35,000 and submittal of a bond in the amount of
$125,000 by owner to the City in exchange for a release of lien in
the amount of $ 257,171.
(E) Within ninety (90) days from the date of this agreement a building
permits will be obtained and construction work will begin and
continue until project of $3,989,000 is completed. It is also
agreed that the owner will pay all impact fees in full that are
associated with this project.
(C) If project is not completed or permits expire, then the owner will
forfeit the bond in the amount of $125,000.
(E) The department recommends payment of $35,000 and submittal of the
bond in the amount of $125,000 to be made upon signing of the
agreement and the City shall deliver a Satisfaction of Lien.
This agreement is subject to the approval of the Special Master.
~
ca~/dL
Al Childress
Director
Department of Code Compliance
~~
Ronnie Singer
Executive Assistant to the City
Manager
spe~~C
Accepted by:
Stanley B. Price
(Attorney for Owner)
I have read this agreement, understood its terms, have had the benefit of counsel
and have executed same for its purposes herein stated.
STATE OF FLORIDA )
) S5
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this _____ day of
, 2000, by , who has produced his driver's
license as identification and who did/not take an oath.
NOTARY PUBLIC, STATE OF FLORIDA
PRINT NAME:
MY COMMISSION EXPIRES:
F:\COOE\$ALL\AGREEMTS\429LENOX.AGM
, } AS TO
., . '.,\~'~GUAGE
~ rOk tXECUTION
Date
CITY
OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
Code Compliance Department
Code Compliance (305) 673-7555
May 10, 2000
Mr. Mike Fancher
Attorneys at Law
Shapiro & Fishman
Beaumont Businness Center
5429 Beaumont Center Boulevard
Bldg.8, Suite #800
Tampa, FL 33634
RE: Case #JC990637/JC990469
4401 Royal Palm Avenue, Miami Beach, FL
Dear Mr. Fancher:
Pursuant to our conversation, this letter agreement ("Agreement") will confirm
that the City of Miami Beach ("City"), Mr. Mike Fancher (Attorney ~or the Owner),
have agreed to recommend to the Special Master a settlement of the above-
referenced case based on the following facts and subject to the conditions
enumerated below:
(A) Payment of $1,000.00 by owner to the City in exchange for a release
of lien in the amount of $15,000.00.
(B) You have presented documentation that the lender; Fleet National
Bank, foreclosed on the above property on February 19, 2000. You
have submitted documentation indicating that the City's lien was
extinguished by Fleet National Bank's foreclosure and the
recordation of the lis pendens.
(C) In consideration of the above, the 'City agrees to release the
outstanding liens upon payment of $1,000.
This agreement is subject to the approval of the Special Master.
aCLL-
Al Childress
Director
Department of Code Compliance
&t~~
Executive Assistant to the City
Manager
L~P~
City Manager
Special Master
Accepted by:
Mike Fancher
(Attorney for Owner)
I have read this agreement, understood its terms, have had the benefit of counsel
and have executed same for its purposes herein stated.
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
The foregoing instrument was acknowledged befcre me this _____ day of
, 2000, by , who has produced his driver's
license as identification and who did/not take an oath.
NOTARY PUBLIC, STATE OF FLORIDA
PRINT NAME:
MY COMMISSION EXPIRES:
F:\CODE\$ALL\AGREEMTS\4401ROYA.AGM
APPROVED AS TO
FORM & LANGUAGE
~FO~i/UTION
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~ Cil-;i ..,tlorney Date
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CITY
OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
Code Compliance Department
Code Compliance (305) 673-7555
May 8, 2000
Mr. Joseph Billings
2236 Collins Ave.
Miami Beach, FL 33139
RE: Case #JL960206 / Violation # CL960807
2236 Collins Ave.
Miami Beach, FL
Dear Mr. Billings:
Pursuant to our conversation, this letter agreement ("Agreement") will confirm
that the City of Miami Beach ("City"), Mr. Joseph Billings(Owner), have agreed
to recommend to the Special Master a settlement of the above-referenced case
based on the following facts and subject to the conditions enumerated below:
(A) City agrees to release lien in the amount of $5,300 for payment of
$250.
(B) Case JL960206 / CL960807 was issued on April 23, 1996 for operating
without an occupational license. Upon expiration of the warning
notice, the required license had not been obtained.
(C) The case was forwarded to the Special Master. On November 13, 1996
the Special Master required payment of $1,704 for the occupational
license by November 18, 1996 or a $50 fine would commence daily.
The license was not obtained until March 3, 1997.
(D) You submitted documentation that the occupational license since 1997
had been obtained, that the manager had failed to obtain the license
in 1996 and the daily fine accrued to $5,300. The Attorney
General's opinion only allows $250 fine per year.
(E) The department recommends payment of $250 for release of the above
lien.
This agreement is subject to the approval of the Special Master.
~f .4'"
(;'acdL
Ai Childless
Director
Department of Code Compliance
Ltb9
./ ...A--
Rbnnie Singer{
Executive Assistant to the City
Manager
d-~Q.~
Lawrence A. Levy
City Manager
Special Master
I have read this agreement, understood its terms, have had the benefit of counse1
and have executed same for its purposes herein stated.
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this J~day of
--Mft~ ,2000, by ~~ hd\.~S , who has produced his driver's
license a identification and who did/not t e an oath.
om NOTARYSEAL
SCARLE'I'T MOUNA-URREGO
NorMY PUBUC Sf ATE OF FLORIDA
COMMlSSION NO. CC767318
MY CDMMISSION EXP. MUG. 13
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PRINT NAME: --.J
MY COMMISSION EXPIRES: % - 13 ~ 2-D 02-
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Date
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CITY
OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
Code Compliance Department
Code Compliance (305) 673-7555
May 8, 2000
Ms. Lana Astafurova
Flamingo Management Corporation
1674 Meridian Avenue
Miami Beach, FL
RE: Case #JC00000600/ Violation #CPMV54259
631 13th Street
Miami Beach, FL
Dear Ms.Astafurova:
Pursuant to our conversation, this letter agreement ("AgreementU) will confirm
that the City of Miami Beach ("CityU), Ms. Astafurova (Representative of Flamingo
Management Corporation - for owner), have agreed to recommend to the Special
Master a settlement of the above-referenced case based on the following facts and
subject to the conditions enumerated below:
(A) Payment in the amount of $250.00 by owner to the City in exchange
for a release of Lien in the amount of $1,500.00
(B) The above case was written by the Department of Code Compliance on
July 23, 1999. The notice was issued for five (5) property
maintenance violations.
(C) Case was forwarded to the Special Master and a hearing was held on
November 9, 1999. The Special Master ordered compliance by January
7,2000.
(D) All of the violations were corrected at the time the inspection was
made on January 27, 2000. The violations were for four (4) minor
exterior property maintenance and the remaining one, included
painting the exterior of the building. ( You indicated that you had
hired a painter that had taken your money and had not obtained the
required painting permit). The painting has been completed.
(E) The Department recommends payment of $250.00 and release of the
lien.
This agreement is subject to the approval of the Special Master.
~re~~
Director
Department of Code Compliance
,~;it ~
PjOnnie Singer l
Executive Assistant to
Manager
v---
the City
c:?!:::~F?'~
City Manager
Special Master
Accepted by:
Lana Astafurova
(Representative for Flamingo Management Corporation)
I have read this agreement, understood its terms, have had the benefit of counsel
and have executed same for its purposes herein stated.
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this _____ day of
, 2000, by , who has produced his driver's
license as identification and who did/not take an oath.
NOTARY PUBLIC, STATE OF FLORIDA
F:\CODE\$ALL\AGREEMTS\CPMV5425.AGM
~--II'-~
Date
CITY
OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
Code Compliance Department
May 10, 2000
Code Compliance (305) 673-7555
Ms. Rosa Quintana
4810 SW 198th Terr.
Ft. Lauderdale, FL 33332
RE: Case #CV980032/JL980119, #CV980033/JL980120
720 83rd Street Miami Beach, FL
Dear Ms. Quintana:
Pursuant to our conversation, this letter agreement ("Agreement") will confirm
that the City of Miami Beach ("City"), Ms. Rosa Quintana (Owner), have agreed
to recommend to the Special Master a settlement of the above-referenced case
based on the following facts and subject to the conditions enumerated below:
(A) Payment of $ 7 50.00 by owner to the City in exchange for a release
of liens in the amount of $1,350.
(B) The above cases were written on October 17, 1997. The violations
were for operating an apartment complex without an Occupational
License and Certificate of Use.
(C) Case# CV980033/JL980120 was forwarded to the Special Master and a
hearing was held on February 3, 1998. The Special Master ordered
compliance by March 3, 1999 or a $100 a day fine would commence.
Compliance was achieved on March 4, 1998. The fine acculmated to
$1,100.
(0) Case# CV980032/JL980119 was forwarde to the Special Master and a
hearing was hIed on Feburary 3, 1998. The Special Master ordered
compliance by March 3, 1995 or a $250 fine would be imposed.
Compliance was achieved on April 8, 1998.
(E) You have presented documentation that you had purchased the
property in February of 1997, and that you were not aware that
you needed an Occupational License and a Certificate of Use.
(F) The department recommends payment of the $750.00 ($250 for the
Occupational License violation and $500 for the Certificate of Use
violation). Upon receipt, the City shall deliver a Satisfaction of
Lien.
This agreement is subject to the approval of the Special Master.
~
Al Childress
Director
Department of Code Compliance
~~
ppnnie Singer I
Executive Asslstant to the
City Manager
~-~Q.~
Lawrence A. Levy
City Manager
Special Master
Accepted by:
Ms. Rosa Quintana
(Owner)
I have read this agreement, understood its terms, have had the benefit of
counsel and have executed same for its purposes herein stated.
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this _____ day of
, 2000, by , who has produced his
driver's license as identification and who did/not take an oath.
NOTARY PUBLIC, STATE OF FLORIDA
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
PRINT NAME:
~__/{ ~~MY COMMISSION
Ome
EXPIRES:
CITY
OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
Code Compliance Department
Code Compliance (305) 673-7555
May 10, 2000
Mr. Jason Warshofsky
Attorney for Owner
815 Ponce de Leon Blvd.
Coral Gables, FL 33134
RE: Case #JC990389 / Violation # 52069-PM
733 Michigan Ave.
Miami Beach, FL 33139
Dear Mr. Warshofsky:
Pursuant to our conversation, this letter agreement ("Agreement") will confirm
that the City of Miami Beach ("City"), Mr. Jason Warshofsky(Attorney for Owner),
have agreed to recommend to the Special Master a settlement of the above-
referenced case based on the following facts and subject to the conditions
enumerated below:
(A) City agrees to release lien in the amount of $9,257 for payment of
$5,000.
(B) Case JC990389 / 52069-PM was issued on December 11, 1998 for four
(4) property maintenance violations. The violations remained
uncorrected upon expiration of the warning notice.
(C) The case was forwarded to the Special Master. On July 22, 1999 the
Special Master ordered compliance by August 25, 1999 or $50 a day
fine would COmmence. Compliance was not achieved until January 25,
2000.
(D) You submitted documentation that the the property was owned by a Mr.
Cesar Laborde who passed away on June 10, 1998. Upon Mr. Laborde's
death a struggle over the control of his property arose. The
struggle involved an extensive probate litigation. Upon Mrs.
Laborde being named sole personal representative of the estate, the
property was brought into compliance.
(E) The department recommends payment of $5,000 for release of the above
lien.
This agreement is subject to the approval of the Special Master.
~~~
p /" 0
C4c/~/~
Al Childless
Director
Department of Code Compliance
I~-,~ ~
Rohnie Singe!
Executive Assistant to the City
Manager
~~_.Q.~
Lawrence A. Levy
City Manager
Special Master
Accepted by:
Jason Warshofsky
(Attorney for Owner)
I have read this agreement, understood its terms, have had the benefit of counsel
and have executed same for its purposes herein stated.
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this _____ day of
I 2000, by I who has produced his driver's
license as identification and who ~id/not take an oath.
NOTARY PUBLIC, STATE OF FLORIDA
PRINT NAME:
MY COMMISSION EXPIRES:
F:\CODE\$ALL\AGREEMTS\S2069PM.AGM
APPROVED AS TO
fORM & LANGUAGE
& ~o~e(CIJfION
~ - 5""-7(-~
C~Mo~ Oms A'Y
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CITY
OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
Code Compliance Department
Code Compliance (305) 673-7555
May 10, 2000
Mr. Howard Turig
Attorney at Law
1428 Brickell Ave.
Main Floor
Miami, FL 33131
RE: Case #JC970230/ Violation #47634-PM
4316 Sherdian Avenue, Miami Beach, FL 33140
Dear Mr.Turig:
Pursuant to our conversation, this letter agreement ("AgreementH) will confirm
that the City of Miami Beach ("CityH), Mr. Howard Turig ( Attorney for the
Owner) , have agreed to recommend to the Special Master a settlement of the
above-referenced case based on the following facts and subject to the conditions
enumerated below:
(A) Payment of $5,000 by owner to the City in exchange for a release of
lien in the amount of $13,000.
(B) Notice of Violation was issued on October 1, 1996, for case
#47634-PM six (6) property maintenance violations for the location
at 4316 Sherdian Avenue.
(C) Case #47636-PM was forwarded to the Special Master. On Febuary 13,
1997, a hearing was held and compliance was ordered by March 15,
1997 or a $100 a day fine would accrue.
(D) An Affidavit of Compliance was issued on June 4, 1997.
(E) You have presented documentation that the violations were of a minor
nature that did not affect the health, safety and welfare of the
general public.
(F) In consideration of the above, the City agrees to release the
outstanding lien upon payment of $5,000.
This agreement is subject to the approval of the Special Master.
~,f/
Qc~
Al Childress
Director
Department of Code Compliance
L~ ~.~
R~mnie Singer { y ---'
Executive Assistant to the City
Manager
~~~Q.~
Lawrence A. Levy
City Manager
Special Master
Accepted by:
Howard Turig
(Attorney for Owner)
I have read this agreement, understood its terms, have had the benefit of counsel
and have executed same for its purposes herein stated.
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this _____ day of
, 2000, by , who has produced his driver's
license as identification and who did/not take an oath.
NOTARY PUBLIC, STATE OF FLORIDA
PRINT NAME:
MY COMMISSION EXPIRES:
F:\CODE\$ALL\AGREEMTS\4316SHER.AGM
,j-//-~
Date