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Home My WebLink About2005-25837 Reso RESOLUTION NO. 2005-25837 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF A CITY LIEN ON REAL PROPERTY OWNED BY MR. RICARDO F. RAPHAEL LOCATED AT 2062 ALTON ROAD, MIAMI BEACH, FLORIDA, RESULTING FROM SPECIAL MASTER CASE NO. JC00000291 AND PROVIDING THAT THE LIEN IN THE AMOUNT OF $115,910.54 PLUS INTEREST BE SETTLED FOR THE AMOUNT OF $0.00. WHEREAS, the property located at 2062 Alton Road has accumulated Code fines resulting from Special Master Case No. JC00000291 in the amount of $115,910.54 plus interest; and, WHEREAS, in 1996 when Mr. Raphael purchased the property there was no permitting or Code violations disclosed; and, WHEREAS, when Mr. Raphael proceeded to obtain a Building Permit to re-roof the principal structure on the property it was discovered that an existing accessory structure on the property had apparently been constructed without a Building Permit; and, WHEREAS, in order to comply with current Building Codes, Mr. Raphael was unable to obtain a permit to legalize the accessory structure and was forced to demolish the accessory structure in 2002; and, WHEREAS, the Code case was never appropriately closed and fines continued to run against the property and at the present time, the total amount of the fines associated with the property is $115,910.54; and, WHEREAS, in light of the fact that Mr. Raphael clearly had no knowledge of the non-permitted status of the accessory structure at the time that he purchased the property and did make diligent efforts to rectify the situation, the Administration recommends that a 100% reduction in the fines; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a settlement for an outstanding City lien at the property located at 2062 Alton Road, in the amount of $115,910.54 is hereby approved (Special Master Case No. JB00000291/Code Violation No. ZV990686, Recorded on June 27, 2002 at Book 20493, Page 1747 and Affidavit on Non-Compliance on June 27, 2002 at Book 20493 at Page 1748) is reduced to $0.00; and further that the City Manager shall be authoriz t execute any and all necessary documents to complete such lien releases and s~tilem nt ubject to the approval of the Special Master. PASSED and ADOPTED this 16th d ,2005. AT!!E~T: \/ () ~~ City Clerk F:\cmgr\$ALL \BOB\raphaellienmiti2062altonrdreso.doc Mayor David Derner APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~~ City Allor ~!J 1.// Jf6,;, D8fe CITY OF MIAMI 'BEACH COMMISSION ITEM SUMMARY m Condensed Title: A resolution approving the settlement of a City lien on real property owned by Mr. Ricardo F. Raphael located at 2062 Alton Road, Miami Beach, Florida, resulting from Special Master Case No. JC00000291 and rovidin that the lien in the amount of $115,910.54 Ius interest be settled for the amount of $0.00. Issue: Shall the City Commission approve the settlement of a City lien on real property owned by Mr. Ricardo F. Raphael? Item Summary/Recommendation: In 1996 when Mr. Raphael purchased the property, there was no permitting or Code deficiencies disclosed. Subsequently, Mr. Raphael proceeded to obtain a Building Permit to re-roof the principal structure on the property. During the inspection process associated with the re-roofing, it was discovered that an existing structure on the property had apparently been constructed without a Building Permit. Unfortunately, in order to comply with current Building Codes, Mr. Raphael was unable to provide a properly engineered solution that was cost effective to obtain a permit to legalize the structure and was forced to demolish the accessory structure in 2002. The total fines associated with the property is $115, 910.54 which covers the period from violation to compliance in 2002. The Administration recommends that a 100% reduction in fines associated with this property be approved by the City Commission and that the lien be settled by reducing the amount from $115,910.54 to $0.00. Advisory Board Recommendation: I N/A Financial Information: Finance Dept. Source of Funds: D City Clerk's Office Legislative Tracking: I Bob Middaugh T:\AGENDA\2005\Feb2305\Consentlraphaelienmiti AGENDA ITEM e7D 37'~ DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez , V'"' City Manager (/........ U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF A CITY LIEN ON REAL PROPERTY OWNED BY MR. RICARDO F. RAPHAEL LOCATED AT 2062 ALTON ROAD, MIAMI BEACH, FLORIDA, RESULTING FROM SPECIAL MASTER CASE NO. JC00000291 AND PROVIDING THAT THE LIEN IN THE AMOUNT OF $115,910.54 PLUS INTEREST BE SETTLED FOR THE AMOUNT OF $0.00. Date: March 16,2005 To: Subject: ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS In 1996, Mr. Raphael purchased the property at 2062 Alton Road. At the time of the purchase of the property there was no permitting or Code deficiencies disclosed. Subsequent to the purchase of the property, Mr. Raphael proceeded to obtain a Building Permit to re-roof the principal structure on the property. The permit was appropriately obtained and the work commenced. During the inspection process associated with the re- roofing, it was discovered that an existing structure on the property had apparently been constructed without a Building Permit. The accessory structure which is a small open sided structure over a concrete slab was in existence at the time of the purchase of the property and apparently had been in place and a part of the property for some twenty year period of time. Mr. Raphael was cited for having a non-permitted structure on his property in March 1999. There is correspondence subsequent to 1999 between Mr. Raphael and the City that indicates he diligently made an effort to work through the Special Master Hearing process and also to obtain a Building Permit to legalize the structure in the rear of his property. During the time period from the citation until 2002, Mr. Raphael was scheduled to appear before the Special Master on several occasions but was unable to appear due to a series of schedule conflicts. There is a record of the correspondence in this time period. Unfortunately, in order to comply with current Building Codes, Mr. Raphael was unable to provide a properly engineered solution that was cost effective to obtain a permit to legalize the structure and was forced to demolish the accessory structure in 2002. While the property is now in compliance as a result of the demolition, fines that accumulated from the citation until compliance total $115, 910.54. As Mr. Raphael clearly had no knowledge of the non-permitted status of the accessory structure at the time that he purchased the property and did make diligent efforts which unfortunately were unsuccessful to obtain a permit to legitimize the structure, no fine should have been assessed against Mr. Raphael and his property at 2062 Alton Road. Mr. Raphael has been forced to demolish the structure which was not permitted by a previous owner and beyond the loss of value he associated with the structure, he incurred some $10,000.00 in attorney's fees associated with the years of efforts in an attempt to permit the accessory structure. In light of the facts, it is recommended that a 100% reduction in fines associated with this property be approved by the City Commission and that the lien be settled by reducing the amount from $115,910.54 to $0.00. To avoid this type of issue in the future, administratively the City will require that when a property is cited for working without or not having a permit, Code will notify the department that should have permitted the activity before assessing or running a fine. If the property owner is cooperating with the department that needs to issue a permit, fines will be withheld pending the permit issuance, at which point the two departments will review the file and determine an appropriate fine, if any, to be assessed. JMG4sam T:\AGrF:if';'~~~\Feb2305\COnsent\raPhaelienmiti2062altonrdcommemo.doc a~os~ - a s ~o~ , . , ~~ ,. ~ , 1 SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION PROPERTY ADDRESS: PROPERTY OWNER: CASE NUMBER(S): NATURE OF LIEN(S): LIEN AMOUNT(S): LEGAL DESCRIPTION: LIEN RECORD BKPG: 2062 Alton Road, Miami Beach, Florida Ricardo F. Raphael Special Master Case #J000000291 Code Violation $115,910.54 27-34 53 42 Sunset Lake SUB AMD PL PB 8-52, Lot 15, Block 16 Lot Size 54.200 X 122 or 1 7287-0879 0796 6 Book 20493, Page 1747 Pursuant to the authority vested in the City Charter to enter into Settlement Agreements for liens against property filed by the City of Miami Beach, this Settlement Agreement is entered into with Ricardo F. Raphael, the property owner at 2062 Alton Road, Miami Beach, Florida, to settle and provide for the release of the lien(s) as indicated herein. The City Clerk of the City of Miami Beach is hereby directed and authorized to release the above referenced lien(s) imposed upon the real property at 2062 Alton Road, Miami Beach, Florida, pursuant to conditions herein and as described herein. Condition(s) of Settlement: This lien in the amount of $115,910.54 is settled by reducing the amount from $115,910.54 to $0.00, as described in the attached Resolution. The Settlement and Release of Lien(s) referenced herein in subject to the approval of the Special Master. 3~ib~/o~- Jorge .Gonzalez , Date City Manager ~~ 3 l S OS Robert Middaugh Date Assistant City Manager Special Master Date AGREEMENT TO SETTLEMENT AND RELEASE AUTHORIZATION I have read this SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION, regarding 2062 Alton Road, Miami Beach, Florida, Special Master Case Number JC00000291 and lien amount of $115,910.54 and I understand and agree to its terms and have executed same for its purposes herein stated. Accepted by: - Ricard F. Raphael, Property Owner STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE } The foregoing instrument was acknowledged before me this _~~day of `~/forc , 2005, by ~j~~~ p p~n~.l ,who has produced his driver's ll,cense as >dentification and who did/did not take an oath. MY COMMISSION EXPIRES: F:\cmgr\$ALL\BOB\liensettlement2062A1ton RoadRaphael.doc NOTARY PUBLIC, ST OF FLORIDA ~ct Vl~.u~-~ PRINT NAME: +~~:it~'%'•••,; ROCIO RODRIGUQ ?.~ ~ MY COMMISSION # DD 209444 ~•,~~o EXPIRES: May 5, 2007 '•'~,•y,': ~~Q^' Bonded 7t,m Nobly Public UndwwrMars