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Home My WebLink About2001-24498 RESO RESOLUTION NO. 2001-24498 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CODE ENFORCEMENT LIENS ON THE PROPERTY OWNED BY NONNIE SUE CONDOMINIUM, INC. LOCATED AT 543 MERIDIAN A VENUE, AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE SETTLEMENT. WHEREAS, Nonnie Sue Condominium, rnc, owns the properties located at 543 Meridian A venue; and WHEREAS, Nonie Sue Condominium, Inc, is a small condominium association that was experiencing some management problems; and WHEREAS, the City of Miami Beach issued a Notice of Violation on August 15,1997 for case #ZV971569 for demolition ofa wall without the required permit. The Special Master ordered full compliance by March 22, 1998, or a $100.00 a day fine would begin to accrue, An Affidavit of Compliance was issued on February 23, 2001. The total lien for the accruing fines is $119,000; and WHEREAS, Mr. Alexander E. Borell, attorney for Nonnie Sue Condominium, rnc, indicates that the condominium association is a small entity that can not afford a large fine, The violation was for an exterior wall and did not threaten the health and safety of the residents; and WHEREAS, based on the foregoing, the City Attorney recommends that the Mayor and City Commission adopt this resolution recommending release of the above lien for payment of $10,000, approving the mitigation agreement and authorizing its execution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: I. The Mayor and City Commission herein approve the mitigation agreement between Nonnie Sue Condominium, rnc, and the City, provided that the $10,000 is received within thirty (30) days from the date of adoption of this Resolution, 2, The Mayor and City Clerk are herein authorized to execute all necessary documents including, but not limited to, such releases as may be necessary, to effectuate the settlement and to comply with any and all other terms of the settlement agreement. PASSED and ADOPTED this 27th day of June ,2001. MA~~ ATTEST: -~~~ f~ CITY CLERK F:\Atto\$all\Sheila\res~ord.cm\NonnieSueCondo.res APPROVED /4S TO FORM & lANGUAGE & FOR EXECUTION ~ '.../~OJ ity me., Dale . 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 Code Compliance Department Code Compliance (305) 673-7555 June 7, 2001 Mr. Alexander E. Borell Attorney at Law 9220 Sunset Drive Suite 201 Miami, FL 33173 RE, Case #JC980lI2/ ZV97l569 543 Meridian Avenue Miami Beach, FL 33139 Dear Mr, Borell: Pursuant to discussions with members of my staff, this letter of agreement ("AgreementU) will confirm that the City of Miami Beach ("City"), and Mr. Alexander E. Borell (Attorney at Law), 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 above case that totals $119,000,00 for payment of $10,000.00, (8) A Notice of Violation was issued on August 15, 1997 for case #ZV97l569 for demolition of a wall without the required permit. IC) Case #ZV97l569 was forwarded to the Special Master. On January 22, 1998 the Special Master ordered full compliance by March 22, 1998, or a $100.00 a day fine would begin to accrue. (D) An Affidavit of Compliance was issued on February 23, 2001. total lien for the accruing fines total $119,000.00. The (E) You have indicated that the condoroi1l1 urn association is a small entity that could not afford a large fine. The violation was for an exterior wall and did not threaten the health and safety of the residents. IF) The department recommends release of the above lien for payment- of $10,000.00. , , I':, . l,:' tf~ ~ , "'- , (' '., ~"II_dl' , :-, , , Page 2 This agre ment is subject to the approval of the Special Master. :m asdin, ~ l~ / Robert Parcher, City Clerk APPROVED AS TO ,FORM & lANGU"GE FOR EXEC ION C/~~ Albert p, Childress Director Department of Code Compliance ~ -//--0/ DaIIt b~t~' Mr. Alexander E. Borell Attorney at Law Accepted _~ .A.Q ~(l ~ SPffial ster ~~~ 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 ) 'd before me this 1Y~ day of , who has produced his driver's a an oath. \~ ~~~i NOTARY PUBLIC, STATE OF FLORIDA T The foregoing instrum~t was , Ll t ' 2001, by 1"1/' lice e as ldentlflcatlon and who Je.' ~ ANDREA wl!N1NICK ... MYCOMMISSION*CCl}21'749 ~~~., EXi'lRB&Apt\3.1OO4 '~OF{\: _tnQ 1-800-3-NOiARV Fl.~SeNlct&.---... ' F:\CODE\$MAN\CHILDRES\AGREEMTS\543MER.AGM .tpJ De. 6'A I.JJ (; Nt )J UJ.. ' PRINT NAME: MY COMMISSION EXPIRES: AFFIDAVIT OF COMPLIANCE February 23, 2001 STATE OF FLORIDA COUNTY OF DADE BEFORE ME the undersigned authority personally appeared ALFRED MORANA, and CARMEN MORANA, as President and Secretary of the NONNIE SUE CONDOMINIUM, INC., which directs the day to day activities of the property located at 543 Meridian Avenue, Miami Beach Florida, 33139, and who after being dully sworn deposes and says: 1. That the association obtain all required permits to re- construct the patio wall, and completed the repairs to bring the property back into compliance. 2. The property was inspected and passed. 3. All violations related to JC 980172 and ZV 971569 have been corrected. 4. That the fines imposed by the city far out-weight the costs involved to correct the violations. resident 0J,AA. _ qr~.~, Carmen Morana, 'Secretary SWORN TO AND SUBSCRIBED before me this'2/~ day of February, 2001, by Alfred Morana and Carmen Morana, who are personally known to me. ,,"~V _II... o ~ ALEXANll E ~ ~ COMMJSSIONN\.NBER ~ CCge33M '71c- ~ MY OOMMISSlON EXPIRES OF FI.O JUlY 20 ~~~ NOTARY PUBLIC ;/ Printed Name II!p ,/q jJcl~ (' rnle.,f/ LIEN SETTLEMENT Location: 543 Meridian Avenue Lien Amount: $119,000,00 Value of Property: Unknown Homestead Property: No Lien Settlement Amount: $10,000.00 Reason for Settlement: The lien was the result of a wall being demolished without the required permit. The approval was finally obtained after a twenty-four (24) month period. The location is a small condominium association that was experiencing some management problems, Since the association is small, a large fine would create hardships against the property owners, some who were not aware of the violations, As a result, the department recommends a settlement of $1 0,000,00, -' 9220 Sunset Drive, Suite 20 I Miami, Florida 33173 p.WJ: ~ Alexander 'E. Borell Attorney At Law Phone (305) 275-8825 Fax (305) 275-7561 -..S-.G- 0l~'i-6'7.,l3 February 23, 2001 City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach FI 33139 Attn: Albert Childress, Director Code Compliance Re: NONNY SUE CONDOMINIUM, 543 Meridian Ave., Miami Beach Florida, Special Madter Case No. JC980172, violation Case No. ZV 971569 Dear Mr. Childress, Pursuant to our meeting recently, I am sending you a copy of the Affidavit of Compliance for the above matter. As was explained the association is a small poor entity that can not pay fines of thousands of dollars. Additionally, in view of the cost to make the repairs the fines far exceed the value. As such, please accept this letter as the associations request for a meeting to mitigate the fines assessed it. Please feel free to contact me on my cell 305-992-7784, to set a meeting with the Special Master or with you and your staff. ? 2> ~I 6()O ~(;..<:) ..9 - \.w1/~ Ow.....w Al~ I I ~ r 'i ~,~ l-.JJ ()-' J ~r V (6() Ji..& ~' b~ .jJ' \u.. .' h t:)o"'v Very truly yours, ~~6 Alexander E. Borell, fJ/1t ~~' ~~ t:~ Ii, 17 fi/!~ ,826 /// ?I}OI ///J >~ ~- .....~J Esq OFFICE OF THE CITY ATTORNEY <6~ tfJ/fiomi 71- F L o A D A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. ~ TO: Mayor Neisen Kasdin DATE: June 27, 2001 Members of the City Commission Jorge M. Gonzalez, City Manager Murray H. Dubbin, City AttorneTl~>> ~ A RESOLUTION OF THE MAy~~lAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CODE ENFORCEMENT LIENS ON THE PROPERTY OWNED BY NONNIE SUE CONDOMINIUM, INC. LOCATED AT 543 MERIDIAN A VENUE, AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE SETTLEMENT. FROM: SUBJECT: RECOMMENDATION The City Attorney recommends that the Mayor and City Commission adopt the accompanying resolution approving execution of the subject Settlement Agreement with Normie Sue Condominium, Inc, ANALYSIS The above referenced Resolution is submitted for consideration by the Mayor and City Commission. On August IS, 1997 the City of Miami Beach issued a Notice of Violation for case #ZV971569 for demolition of a wall without a permit. The Special Master issued an Order requiring full compliance by March 22, 1998, or a $100 a day fine would begin. AGENDA ITEM R7G- 6-oI7-rJ/ DATE 1700 Convention Center Drive -- Fourth Floor - Miami Beach, Florida 33139 Commission Memorandum June 27, 2001 Page 2 of3 The amount of the lien is $119,000, which sum accrued from the Special Master Order. Nonnie Sue Condominium, Inc. is a small condominium association that was experiencing some management problems. It cannot afford a large fine. The violation was for an exterior wall and did not threaten the health and safety of the residents. Based upon the recommendation of the Code Compliance Department, the City Attorney recommends that the Mayor and City Commission adopt the accompanying resolution recommending release of the above lien for payment of$10,000, approving the Agreement and authorizing its execution. Cc: Alexander E, Borell, Esquire MHD:RD:YMA F:lAtto\$all\SheilalReso-ord,cm\NonnieSueCondo,cm OFFICE OF THE CITY ATTORNEY .1100 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139