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HomeMy WebLinkAbout2005-25929 Reso RESOLUTION NO. 2005-25929 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 LOCATED AT 1735 BAY DRIVE, MIAMI BEACH, FLORIDA, OWNED BY ELlO AND OFELIA MORA, RESULTING FROM SPECIAL MASTER CASE NOS. JC02000072, JC04000061, JC04000062, JC990753, JC990754, UTILITY BILL #500790 AND CITY BILL #CB60569 PROVIDING THAT THE LIENS IN THE AMOUNT OF $182,972.69 PLUS INTEREST BE SETTLED FOR THE AMOUNT OF $18,660.75. WHEREAS, the property located at 1735 Bay Drive has accumulated Code fines resulting from Special Master Case Nos. JC02000072, JC04000061, JC04000062, JC990753, JC99074, Utility Bill #500790 and City Bill #CB60569 in the amount of $182,972.69 plus interest; and WHEREAS, the property owners present extenuating personal and medical conditions, and the Administration recommends that an amount of $18,660.75 be approved by the Mayor and City Commission as a settlement amount for the liens associated with 1735 Bay Drive; NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a settlement for City liens at the property located at 1735 Bay Drive, Miami Beach, Florida, in the amount of $182,972.69 (Special Master Case Nos. JC02000072, JC04000061, JC04000062, JC990753, JC990754, Utility Bill #500790 and City Bill #CB60569) is hereby approved and is settled for $18,660.75; and further that the City Manager shall be authorized to execute any and all necessary documents to complete such lien releases and settlement subject to the approval of the Special Master. ATTEST: PASSED and ADOPTED this...8t.h...- day of June ,2005. <<2-~ ~. ,f Mayor David Dermer ,,~t/~ W City Clerk Robert Parcher U T:\AGENDA \2005\Jun0805\Regular\liensettlement1735baydrmorareso.doc APPROVED AS TO FORM & LANGUAGE A FOR EXECUOON CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution approving the settlement of City liens on real property located at 1735 Bay Drive, Miami Beach, Florida, resulting from Special Master Case Numbers JC02000072, JC04000061, JC04000062, JC990753, JC990754, Utility Bill #500790 and City Bill #CB60569 and providing that the liens in the amount of $182,972.69 be settled for the amount of $18,660.75. Issue: Shall the Commission approve this lien settlement? Item Summary/Recommendation: The property located at 1735 Bay Drive, Miami Beach, Florida, has accumulated liens in the amount of $182,972.69 that have accrued since 1999. The liens include an outstanding Utility Bill ($1,527.25), a City Bill for lot cleaning ($584.36) and five separate Code Compliance liens consisting of a variety of issues including derelict vehicles ($46,161.09), trash and debris ($64,500.89), and the inappropriate location and construction of a shed ($33,098.28), keeping of more than four (4) dogs ($75.00) and erecting a dog kennel without a permit ($37,025.82). The property was owned by Elio and Ofelia Mora who were married and resided at the property. The Mora's separated in July 2001 at which time Mr. Mora ceased residence at 1735 Bay Drive. The Mora's marriage was officially dissolved in May 2004. The attorney representing Mrs. Mora has indicated that she has a disability which interfered with her ability to appropriately respond to and deal with the Code violations which were placed upon the property ultimately resulting in liens. In recognition of Mrs. Mora's disability, the settlement that is recommended for this property results in a payment to the City of $18, 660.75 which pays in full the outstanding Utility Bill ($1,527.25), the outstanding City Bill for lot cleaning ($584.36) and $16,549.14 representing one half the cost of the one Code Violation which resulted in the lien while the property was jointly occupied by Mr. and Mrs. Mora. The Administration recommends that an amount of $18,660.75 be approved by the Mayor and City Commission as a settlement amount for the liens associated with 1735 Bay Drive. Advisory Board Recommendation: I Financial Information: Finance Dept. Source of Funds: D Ci Clerk's Office Le islative Trackin Robert C. Middaugh AGENDA ITEM DATE C7f1J ---- 6-r-oJ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM Subject: Mayor David Dermer and Date: June 8, 2005 Members of the City Commission Jorge M. Gonzalez a - / City Manager ~ A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF A CITY LIEN ON REAL PROPERTY LOCATED AT 1735 BAY DRIVE, MIAMI BEACH, FLORIDA, OWNED BY ELlO AND OFELIA MORA, RESULTING FROM SPECIAL MASTER CASE NOS. JC02000072, JC04000061, JC04000062, JC990753, JC990754, UTILITY BILL #500790 AND CITY BILL #CB60569 PROVIDING THAT THE LIENS IN THE AMOUNT OF $182,972.69 PLUS INTEREST BE SETTLED FOR THE AMOUNT OF $18,660.75. ADMINISTRATION RECOMMENDATION To: From: Adopt the Resolution. ANALYSIS The property at 1735 Bay Drive has liens in the amount of $182,972.69 that have accrued since 1999. The liens include an outstanding Utility Bill ($1,527.25), a City Bill for lot cleaning ($584.36) and five separate Code Compliance Liens consisting of a variety of issues including derelict vehicles ($46,161.09), trash and debris ($64,500.89), and the inappropriate location and construction of a shed ($33,098.28), keeping of more than four (4) dogs ($75.00) and erecting a dog kennel without a permit ($37,025.82). The property was owned by Elio and Ofelia Mora who were married and resided at the property. The Mora's separated in July 2001 at which time Mr. Mora ceased residence at 1735 Bay Drive. The Mora's marriage was officially dissolved in May 2004. In discussion of the various Hens on the property, the attorney representing Mrs. Mora has indicated that she has a disability that has limited and interfered with her ability to appropriately respond to and deal with the Code violations which were placed upon the property ultimately resulting in liens. Attached is a letter from Mr. Juan Carlos Perez, Mrs. Mora's attorney, indicating the state of her disability. In recognition of Mrs. Mora's disability, the settlement that is recommended for this property results in a payment to the City of $18,660.75 which pays in full the outstanding Utility Bill ($1,527.25), the outstanding City Bill for lot cleaning ($584.36) and $16,549.14 representing one half the cost of the one Code Violation which resulted in the lien while the property was jointly occupied by Mr. and Mrs. Mora. Funds to pay this lien in full have been escrowed as part of the closing with the purchaser of the property, who currently resides in the neighborhood. The property sold for $420,000.00. The total proceeds from the sale of the property are $308,906.10, of which Mrs. Mora will receive 74% pursuant to the terms of the divorce decree. This amount will be used for Mrs. Mora's long term care and living expenses, per the attached letter from her attorney. The new owner's intention is to occupy the property, to make appropriate and necessary improvements, which to this point in time has been a problem for Mrs. Mora and by extension) the neighborhood. The settlement agreement will allow the property transaction to be completed. JMG\RCM\sam F:\cmgr\$ALL \BOB\Jiensettlement1735baydrmoracommemo.doc Attachments , From~407 835 3601 04/21/2005 13:26 #086 P.002 JUAN CARLOS PEREZ, P.A LA W OFFICE, ATTORNEY AT LAW 301 EAST PINE STREET, SUITE 150 ORLANDO, FLORIDA 31801 (407) 8.35-.36.35, Telephone (407)8.35-3601 fax April 21, 2005 Mr. Robert Middaugh Assistant City Manager City of :Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 VIA FAX RE; The marriage ofElio Mora and Ofelia Mora Case No. 03-20643 FC 07, and the realty at 1735 Bay Drive Miami Beach, Florida 33141. Dear Mr. Middaugh.: As you know the undersigned represents Ofelia Mora. As I have stated in previous correspondence, the background of this matter is that Ello and Ofelia Mora went through a divorce and the only substantia1asset of the marriage is the marital home located in Miami Beach, Florida. Mrs. Mora is legally disabled due to a psychiatric condition involving by-polar disorders, and Mr. Mora agreed in a marital settlement agreement to provide a substantial &bare of the net proceeds oftha sale of the marital home, as lump sum alimony for the care of Mrs. Mora. The court approved the marital settlement agreement entered into between the parties in the divorce proceeding. Mrs. Ofelia Mora is a disabled person under United States laws. Upon the separation of the parties, which was not amicable, Mr. Mora became separated. from Mrs. Mora and left her in the parties marital residence located at 1735 Bay Drive, Miami Beach, Florida 33141. Since that time Mrs. Mora remained living in the marital home but lacked the financial resources to properly maintain this home. Further, she lacked the physical and mental capacity to properly maintain this hOJIle, as well as to properly care for her own personal health needs. Mrs. Mora has immediate health issues which need to be addressed and this is readily apparent upon meeting with Mrs. Mora. She has lacked finances to properly care for herself. She needs surgery to correct a finger that broke but healed improperly and she needs dental care. Mrs. Mora being separated :from Mr. Mora, . From~407 835 3601 04/21/2005 13:27 #086 P.003 having her health related disabilities, and not having an immediate family member to care for her, is needing proper attention. I have received telephone calls from her son who has stated that a guardianship proceeding is beUlg considered at this time to be implemented when the moneys become available for Mrs. Mora. Regarding the house, the issues of the City Code violations occurred, as I have stated, due to Mrs. Mora's health related disabilities and limitations. What may appear like simple issues like mowing the lawns and painting the roof areas of the house, were things that clinica11y Mrs. Mora was not able to do. These violations seemed into substantial sums of money. Mrs. Mora will need the proceeds of the sale of the marital home to purchase a new p1aoe for her to live in, if possible, and the remAmi"g sums should be used for her basic monthly living needs. The net proceeds of the sale of the house due to her, should be placed in a legal trust or guardillnl:lhip, with proper legal safeguards to protect her moneys for her care. It will be very difficult to cover all of Mrs. Mora's needs due to the high cost of living and ofhous~ in Miami Dade County. It is my understanding from our discussions that the City agrees to charge a total of$16,549.13 for the outstandi:rt8 City Code violations, plus $1,527.25 for the utilities due, and $584.36 for the sewer dues, for a total of$18,660.75; These teans are reasonable and acceptable, and I would appreciate that this matter proceed to the City Commission for approval of these terms immediately. As you know there is a pending valid real estate purchase and sale contract over this property, and time is of the essence for the buyer and sellers. f' yom courtesies and cooperation regarding this very sensitive (' cc. Mrs. Ofelia Mora, Mr. Ello Mora, Mrs, Dawn Martinez.