2009-26989 ResoRESOLUTION NO. 2009-2(1989
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT OF CITY LIENS ON PROPERTY OWNED BY 936
PENN, LLC., LOCATED AT 1526 PENNSYLVANIA AVENUE,
SETTLING EXISTING LIENS IN THE AMOUNT OF $151,656.00
IN CONSIDERATION OF $1,500.00; 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, the property located at 1526 Pennsylvania Avenue (the Property)
has accumulated liens, in the amount of $151,656.00, plus interest; and
WHEREAS, the Property, is a twenty (20) unit apartment building which has two
(2) outstanding fire violations; and
WHEREAS, in a detailed review of this property and the record history, the
violations are minor in nature and primarily housekeeping in nature; and
WHEREAS, the Property owner made diligent efforts to comply with the
violations cited and the record identified timely compliance with several parts of a multi-
part Order: and
WHEREAS, the records are unclear as to compliance on the final part of the
Order; however, when advised, the Property owner did take immediate actions to
comply; and
WHEREAS, the Administration recommends that the City Commission approve a
$1,500.00 settlement amount for this property as a minor penalty more in keeping with
the nature of the violations and the time of non-compliance.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
Ciry Commission hereby approve the settlement of Ciry liens on property owned by 936
Penn LLC., located at 1526 Pennsylvania Avenue. settling existing liens in the amount
of $151,656.00 in consideration of $1,500.00; and further authorize the City Manager to
lake such action(s) and execute any and all necessary documents to complete such lien
releases and settlements.
PASSED and ADOPTED this 28th day of January , 2009.
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ATTEST: 'i 7lstti Hewers Bower APPROVED AS TO
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(CILTYCLERKRobert Psrcher &FOR CCTION
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving The Settlement Of City Lien On Property Owned By 936 Penn, LLC., Located At
1526 Penns Ivania Avenue.
Ke Intended Outcome Su orted:
Increase resident's satisfaction with level of Code Enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): 61 % of residents are satisfied with fairness
and consistent of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve Resolutions approving these lien settlements?
liens in general. Through the referral item on this agenda and planned process
Is, the overall lien process should begin to improve. It would be anticipated that consistent
y direction the City Commission for the resolution of outstanding liens, future groups or blocks
Iso be brought to the Commission's attention to address.
Lien presented for City Commission action involves property located at 1526 Pennsylvania Avenue owned
by 936 Penn, LLC. The twenty (20) unit apartment building has two (2) outstanding fire violations resulting
in liens in the amount of $151,656. In a detailed review of this property and the record history, the
violations are minor in nature and primarily housekeeping in nature. The property owner made diligent
efforts to complywith the violations cited and the record identified timely compliancewith several parts of a
multi-part Order. The records are unclear as to compliance on the final part of the Order; however, when
advised, the property owner did take immediate actions to comply. A S1,500 settlement amount is
recommended for this property as a minor penalty more in keeping with the nature of the violations and the
time of non-compliance.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds:
I Z --
3
OBPI Total
Financial Impact Summary:
C_ ity Clerk's Office Legislative Tracking: _ _
Robert C. Middaugh, Assistant City Manager
Si n-0ffs:
Department Director Assistant City Manager City Manager
RCM JMG
TnAGENUAi2009Uanuary 281ConsenP.Miscpropertyliensettlementsum1-28-09 3rd .dot - 1 ~ ~~
~~ ~ _ `_
m- MIAMI BEACH AGENDADATE~
m MIAMI BEACH
City of Miami Beach, 17UU Convention Center Drive, Miami Boach, Florida 3s 139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
io: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
,T'
DATE: January 28, 2009 ``:' I
SUBJECT: A RESOLUTION OF THE MAYOR"AND CIZY C _ ISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CITY LIEN ON
PROPERTY OWNED BY 936 PENN, LLC., LOCATED AT 1526 PENNSYLVANIA
AVENUE, SETTLING EXISTING LIENS IN THE AMOUNT OF $151,656.00 IN
CONSIDERATION OF $1,500.00; 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
Adopt the Resolution.
The City Administration has been attempting over the years to find a simple and effective
method with which to deal both with the lien process and the lien process outcomes. The
lien process involves the enforcement departments including the Fire Department, the
Building Department, the Code Compliance Division, as well as the Licensing and Tax
Collection Section of the Finance Department, who handles Utility Billing. The process also
involves the Office of the Special Master, as well as the City Attorney and at times the City
Administration in general. While a large number of cases in each of the enforcement
departments are successfully resolved each year and compliance is achieved timely, there
are a number that enter into the Special Master process and ultimately result in a lien. As a
result of the number of entities involved, noticing issues and follow-up issues, the process
improvement has not yet been achieved.
In a separate referral item on the January 28, 2009 agenda, a brief outline for administrative
steps to address liens is included, together with a request for City Commission policy
direction to help improve the lien process.
While this administrative and policy consideration has taken shape, presenting liens forCity
Commission action was temporarily suspended. The Administration felt that it was important
to be able to inform the City Commission how a larger process problem could be resolved
before asking for specific approvals from the City Commission. While not fully developed,
the referral item outlines several improvements and a direction established to address liens.
It would be anticipated that consistent with whatever the policy direction the City Commission
gives for the resolution of outstanding liens, future groups or blocks of liens will also be
brought to the Commission's attention to address as expeditiously as can be done.
Lien presented for City Commission action involves property located at 1526 Pennsylvania
Avenue owned by 936 Penn, LLC. The twenty (20) unit apartment building has two (2)
outstanding fire violations resulting in liens in the amount of $151,656. In a detailed review
of this property and the record history, the violations are minor in nature and primarily
housekeeping in nature. The property owner made diligent efforts to comply with the
violations cited and the record identified timely compliance with several parts of a multi-part
Order. The records are unclear as to compliance on the final part of the Order; however,
when advised, the property owner did take immediate actions to comply. A S1,500
settlement amount is recommended for this property as a minor penalty more in keeping with
the nature of the violations and the time of non-compliance.
JMGIRCMIsam
TaAGENDA'~.2009'+January 285ConsenllMiscpropertyliensoulementscommemo1-28-09 3RD.doc