2012-27939 Reso RESOLUTION NO. f 2012 -27939
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT IN THE AMOUNT OF $15,000.00 FOR CITY
LIENS ON PROPERTY OWNED BY SUNSET APARTMENTS,
LLC, LOCATED AT 1545 ,DREXEL AVENUE, MIAMI BEACH,
FLORIDA, IN THE ORIGINAL AMOUNT OF $358,708.15, AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE
SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND
SETTLEMENT.
WHEREAS, the property located at 1545 Drexel Avenue, Miami Beach,
Florida (the "Property ") has accumulated fines, in the amount of $358,708.15;
and
WHEREAS, the Property is owned by Sunset Apartments, LLCM and
WHEREAS, the Property has liens recorded against it for failure to comply
with the forty (40) year building re- certification requirement and for .property
maintenance violations; and
WHEREAS, fines have accumulated in the amount of $358,708.15; and
WHEREAS, the fines were reduced by Orders of the Special Master; and
WHEREAS, these Orders have been appealed to the Circuit Court of the .
11t Judicial Circuit in and for Miami -Dade County, Florida, Appellate Division;
and
WHEREAS in review of the history of the violations; the violations were
minor in nature, did not pertain to life safety issues; and the amount of the fines
accumulated exceeded the appropriate penalty; and
WHEREAS, the payment of $358,708.15 would be disproportionate to the
nature of the violations; and
WHEREAS, in light of these circumstances, the Administration
recommends that the`City Commission approve a $15,000.00 settlement amount
for these Properties as a penalty more 'in keeping with the nature of the
violations.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission hereby approve the settlement in the amount of
$15,000.00 for the City liens on property owned by Sunset Apartments, LLC,
located at 1545 Drexel Avenue, Miami Beach, Florida, in the original amount of
$358,708.15, and further authorizing the City Manager to take such action and
execute any and all necessary documents to complete such lien release and
settlement.
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PASSED and ADOPTED this /94A day of JL d Y , '2012.
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,
approving the settlement in the amount of $15,000.00 for city liens on property owned by
Sunset Apartments at 1545 Drexel Avenue, Miami Beach, Florida, and authorizing the
Interim City Manager to take such action and execute any and all necessary documents to
complete such lien release and settlement.
Key Intended Outcome Supported:
Increase resident's satisfaction with level of Building Enforcement.
Supporting Data:
(Surveys, Environmental Scan, etc.): 61% of residents are satisfied with fairness and
consistency of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City- Commission approve the Resolution approving settlement?
Item Summa /Recommendation:
Sunset Apartments, LLC is the owner 1545 Drexel Avenue, Miami Beach, Florida.
In its governmental and regulatory capacity, the City of Miami Beach recorded three (3) liens,
in the public records of Miami -Dade County, Florida. These liens relate back to violations for
failing to comply with the 40 year recertification of the building and property maintenance
violations.
The property owner completed substantially all of the repairs prior to the compliance date.
However, in order to close out the violation, minor repairs were required to a first floor
lighting fixture, to the electrical box to the washing machine and replacement of the exit sign
on the second floor. In addition, two minor violations were issued for an illegal banner and
for titles installed on the first floor patio area without a permit. Both Mitigation Orders are also
the subject of Appeals.
The property owner and representatives from the Finance Department have met to discuss a
global settlement of the Appeals and of all outstanding liens on the Property. The parties
have reached an agreement for a global settlement of $15,000, subject to Commission
approval.
Advisory Board Recommendation:
Financial Information:
Source of :,Amount ;' .Account
Funds:
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign -Offs:
Departmenfi Assistant City Manager. ` R City Manager
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AGENDA ITEM C 7E
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m MIAMI BEACH
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 Co mission
FROM: Kathie G. Brooks, Interim City Manager
DATE: , July 18, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE
AMOUNT OF $15,000.00 FOR CITY LIENS ON PROPERTY OWNED BY
SUNSET APARTMENTS, LLC, LOCATED AT 1545 DREXEL AVENUE,
MIAMI BEACH, FLORIDA, IN THE ORIGINAL AMOUNT OF $358,708.15,
AND FURTHER AUTHORIZING THE INTERIM CITY MANAGER TO TAKE
SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND
SETTLEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as described.
ANALYSIS
Sunset Apartments, LLC ( "Sunset ") is the owner 1545 Drexel Avenue, Miami Beach, Florida, (the
"Property").
In its governmental and regulatory capacity, the City of Miami Beach recorded three (3) liens, in the
public records of Miami -Dade County, Florida. These liens relate back to violations for failing to
comply with the 40 year recertification of the building and property maintenance violations.
In connection with the forty (40) year recertification violation, the property owner completed.
substantially all of the repairs prior to the compliance date. However, in order to close out the
violation, minor repairs were required to a first floor lighting fixture, to the electrical box to the
washing machine and replacement of the exit sign on the second floor. When these items were
corrected, the property owner requested mitigation.
At the hearing on the Petition for Mitigation, the Special. Master reduced the fines. However, a
review of the audio reflects that the hearing ended without a definitive determination as to the
amount that the Special Master reduced the fines to. The Special Master instructed his Clerk to
calculate the fine in accordance with specific dates. The discussion continued and it appears that a
dollar amount was then announced. Unfortunately, the mitigation amount in'the Order does not
reflect the actual findings of the Special Master and the City and the property owner agree that it is
in their best interest to resolve this matter without the time and expense of costly and lengthy
litigation.
The two (2) property maintenance violations were minor in nature. These violations were issued for
an illegal banner and for titles installed on the first floor patio area without a permit. The outstanding
fines in connection with these two (2) cases were mitigated by the Special Master from $165,290.25
to $35,000.00. Both Mitigation Orders are also the subject of Appeals.
The property owner and representatives from the Finance Department have met to discuss a global
settlement of the Appeals and of all outstanding liens on the Property. The parties have reached an
agreement, subject to Commission approval.
There are no open violations on the Property at this time.
In light of the foregoing, it'is recommended that these liens, while significant in total, be settled in the
amount of $15,000.00.
ADIMINISTRATION RECOMMEDATION
Adopt the Resolution authorizing the City Manager to execute any and all documents necessary to
complete such lien release and settlement.
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