2009-26988 ResoRESOLUTION NtJ. 2009-26988
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT OF CITY LIEN ON PROPERTY OWNED BY
LINCOLN WEST TOWER CONDOMINIUM ASSOCIATION,
LOCATED AT 1331 LINCOLN ROAD, SETTLING
OUTSTANDING LIEN IN THE AMOUNT OF $149,447.53 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
SETTLEMENT.
WHEREAS, the property located at 1331 Lincoln Road (the Property) has
accumulated a lien, in the amount of $149,447.53, plus interest; and
WHEREAS, the Property, Lincoln West Tower Condominium is a sixty (60) unit
condominium building which has one (1) Code Compliance lien dating back to 2005; and
WHEREAS, the Property was cited for failure to secure a Certificate of
Appropriateness before planting palm trees on the edge of their property; and
WHEREAS, the Property was advised to remove the palm trees and to plant Oak
trees and did so within the thirty (30) day time period requested; and
WHEREAS. the Condominium Association failed to ask for a re-inspection and
the lien accumulated; and
WHEREAS, the Administration recommends that the City Commission approve
that this lien be waived/released in its entirety in light of the immediate compliance and
the nature of the violation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve the settlement of City lien on property owned by
Lincoln West Tower Condominium Association, located at 1331 Lincoln Road, settling
outstanding lien in the amount of $149,447.53 by dismissing the amount in its entirety;
and further authorize the City Manager to take such actions} and execute any and all
necessary documents to complete such lien release and settlement.
PASSED and ADOPTED this 28chday of January , 2009.8R
~~C~
a r
ATT T: raeei Herrera Bower
~,u (~ ~~{ ((,1,~,~ APPROVED AS TO
~`~ CITY CLERK Robert Parchcr FORM & LANGUAGE
F:\rn~g~^,$ALUBOB\MiscpropertylienulUementresot-2&0941h1331 LincRd,doc..AOC 8F0. EXECUTION
;..,-
~u -z zy oa
orneyM+~
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving The Settlement Of City Lien On Property Owned By Lincoln West Tower
Condominium Association, Located At 1331 Lincoln Road.
Ke Intended Outcome Su orted:
Increase resident's satisfaction with level o(Code Enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): 61%of residontsare satisfied with fairness and
consistency of enforcement of codes and ordinances.
ISSUe:
Shall the Mayor and Cily Commission approve Resolutions approving these lien sotttomonts?
outstanding liens in general. Through the referral item on this agenda and planned process improvements,
the overall lien process should begin to improve. It would be anticipated that consistent with the policy
direction the City Commission for the resolution of outstanding liens, future groups or blocks of liens will
also be brought to the Commission's attention to address.
Lien presented for City Commission action involves property located at 1331 Lincoln Road, owned by
Lincoln West Tower Condominium Association. This sixty (60) unit condominium building has one (1)
Code Compliance lien dating back to 2005 in the amount of 5149,447.53. The violation on this property
was written for failure to secure a Certificate of Appropriateness before planting palm trees on the edge of
their property. The Condominium Association was advised to remove the palm frees and to plant Oak
trees and did so within the thirty (30) day time period requested. Unfortunately, the Condominium
Association or the management company failed to ask for a re-inspection. In light of the immediate
compliance and the nature of the violation, it is recommended that this lien waived/released in its entirety.
Advisory Board Recommendation:
~_ -
Financial Information: __ __
Source of Amount Account
Funds: ~
---~ _
3
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin _ _ _ _
Robert C. Middaugh, Assistant City Manager
Si n-Offs:
Department Director Assistant City Manager City Manager
RCM JMG ~
T'~AGENDpt2ep9iJanuary 281ConsenllMiscpropertyliensettlemenlsum t -28-09 4th .doe
E M I AM I B EAC H AGENDA ITEM G7~
~ DATE ~ dP-o9
m MIAMI BEACH
Ciy of Miami Beach, V00 Ccnvcotion Center Dive, M-omi 5each. F oriaa 3313:; vrv+w miamiheochfl.gnv
COMMISSION MEMORANDUM
iv Mayor Matti Herrera Bower and Members of the City Commission
=ACM: Jorge M. Gonzalez, City Manager r-~, /
~.~-
DATE: January 28, 2009 ~
l /' L_
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CITY LIEN ON
PROPERTY OWNED BY LINCOLN WEST TOWER CONDOMINIUM
ASSOCIATION, LOCATED AT 1331 LINCOLN ROAD, SETTLING
OUTSTANDING LIENS IN THE AMOUNT OF $149,447.53 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.
Adopt the Resolution.
ANALYSIS
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 for City
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.
Il would be anticipated that consistent with whateverthe 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 1331 Lincoln Road,
owned by Lincoln West Tower Condominium Association. This sixty (60) unit condominium
building has one (1) Code Compliance lien dating back to 2005 in the amount of
$149;447.53. The violation on this property was written for failure to secure a Certificate of
Appropriateness before planting palm trees on the edge of their property. The Condominium
Association was advised to remove the palm trees and to plant Oak trees and did so within
the thirty (30) day time period requested. Unfortunately, the Condominium Association or
the management company failed to ask for a re-inspection. In light of the immediate
compliance and the nature of the violation, it is recommended that this lien waived/released
in its entirety.
JMG\RCM1sam
T:IAGENDA'Q009'~January 281ConsentVNiscpropeAyliensettlementsoommemol-2&09 4TH.doc