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Home My WebLink About2006-26123 ResoRESOLUTION NO. 2006-26123 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 1971 71st STREET, MIAMI BEACH, FLORIDA, OWNED BY ROSSAM PROPERTIES, INC., RESULTING FROM SPECIAL MASTER CASE NO. JB990016 AND PROVIDING THAT THE LIEN IN THE AMOUNT OF $549,825.96, PLUS INTEREST, BE SETTLED FOR THE AMOUNT OF ZERO DOLLARS. WHEREAS, the property located at 1971 71sT Street is owned by Rossam Properties, Inc., has accumulated Building fines in the amount of $549,825.96, plus interest, resulting from Special Master Case No. JB990016 for improperly completing a Forty Year Building Recertification; and WHEREAS, there is agreement between the owner's recollection of events and the City's records; and WHEREAS, the Notice of Violation, while legally served, was not received by the owner who promptly complied upon discovery of the lien; and WHEREAS, the required recertification report was filed and no remedial work was necessary; and WHEREAS, the amount of the current penalty associated for a minor and technical infraction is not appropriate; 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 1971 71st Street, in the amount of $549,825.96 is hereby approved (Special Master Case No. JC990016/Building Violation No. BV981364, Recorded on December 9, 1999 at Book 18896, Page 3798) and is reduced to zero dollars in full settlement of this lien; and further that the City Manager shall be authorized to execute any and all necessary documents to complete such lien releases and settle~ne, nt/~.f subject to the approval of the Special Master. /' 'i' PASSED and ADOPTED this 8th day~', 2~006. ATTEST: ~x{,.~ ~~ (,~//~iyor David Dermer City Clerk Robert Parcher F:\cmgr~$ALL\BOB\rossampropliensettlemt1971-71streso.doc APPROVED AS, TO FOR & & FOR EXECLmON Condensed Title: COMMISSION ITEM SUMMARY A Resolution approving the settlement of a City lien on real property located at 1971 71st Street owned by Rossam Properties, Inc., resulting from Special Master Case No. JB990016 in the amount of $549,825.96 be settled for $1,000.00. Key Intended Outcome Supported: IIncrease resident satisfaction with the level of Code Enforcement. Issue: IShall the City Commission approve the settlement of a City lien on real property owned by Rossam Properties, Inc.? Item Summary/Recommendation: The property at 1971 71s~ Street received a violation from the Building Department in 1998 for improperly completing a Forty Year Recertification. The required Forty Year Building Recertification was completed on a timely basis with a certification from a registered architect but did not have the architect/engineer's seal and signature on each page of the certification as is technically required and a violation was issued. The Notice of Violation was delivered to the tenant who discarded the notice and the owner was not made aware of the technical violation. In 2005, when the owner was undertaking the Ten Year Building Recertification, the owner became aware of the outstanding violation and timely completed the Ten Year Recertification and also complied with the technical violation from the previous Forty Year Recertification process. City records and the owner's statements support this fact pattern. The lien for the recertification violation has escalated over the years to a total of $549,825.96. This is clearly not an appropriate amount for what was a minor and technical infraction at the time. Since the appropriate report was filed and no remedial work was required, a significant reduction in this lien is appropriate. It is recommended that the $549,825.96 be reduced to $1,000.00 in full settlement for the property located at 1971 71st Street. Advisory Board Recommendation: I N/A Financial Information: Financial Impact Summary: City Clerk's Office Legislative Tracking- Robed C. Middaugh n-Offs: F:\cmgr~$ALL\BOB~rossamproplienmiti1971-71~ Joc MIAMiBEACH AGENDA ITEM DATE MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor David Dermer and Members of the City Commission A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SE'n'LEMENT OF A CITY LIEN ON REAL PROPERTY LOCATED AT 1971 71sT STREET, MIAMI BEACH, FLORIDA, OWNED BY ROSSAM PROPERTIES, INC., RESULTING FROM SPECIAL MASTER CASE NO. JB990016 AND PROVIDING THAT THE LIEN IN THE AMOUNT OF $549,825.96 PLUS INTEREST BE SETTLED FOR THE AMOUNT OF $1,000.00. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The property at 1971 71st Street is owned by Rossam Properties, Inc. (Mr. Steve Polisar) and received a violation from the Building Department in 1998 for improperly completing a Forty Year Building Recertification. There is agreement between the City records and the owner' recollection of the issue. The former Building Official has also agreed with the fact pattern. The required Forty Year Building Recertification was completed on a timely basis and filed with the City's Building Department with the required certification from a registered architect that the building was in compliance with all of the recertification requirements. No work on the property was necessary to be performed in order for the building to be recertified. The report submitted did not have the architect/engineer's seal and signature on each page of the certification as is technically required and a violation was issued. It appears that the Notice of Violation was delivered to the tenant of the property who is a non English speaking business operator that subsequently discarded the notice. The owner was subsequently not made aware of the technical violation of the recertification process. In 2005 when the property owner was undertaking a Ten Year Building Recertification, the owner became aware of the outstanding issue and violation associated with the previous Forty Year Recertification process. The owner timely and appropriately completed the Ten Year Recertification and also complied with the requirements to satisfy the technical violation from the previous Forty Year Recertification process. The lien for the recertification violation has escalated over the years to a total of $549,825.96. As there is agreement between the owner's recollection of events and the City's records, this is clearly not an appropriate amount of penalty associated for what was a minor and technical infraction at the time. Notice of the violation, while legally served, was not received by the owner who promptly complied upon discovery of the lien. Also, as the required report was filed and no remedial work was necessary, a significant reduction in this lien is appropriate. It is recommended that the $549,825.96 be reduced to a minor infraction status of $1,000.00 in full settlement for the property at located at 1971 71st Street. JMG _~~sam F:\cn~LL\BOB~rossamproplienmiti1971-71stcomm.doc 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 BK/PG: 1971 71st Street, Miami Beach, Florida Rossam Properties, Inc. Special Master Case #JB990016 Building Violation $549,825.96 Isle of Normandy Miami View Sec Part 1, PB 34-80, Lots 32 & 33, BLK 36, Lot Size 50.020 X 108 Book 18896, Page 3798 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 Rossam Properties, Inc., the property owner at 1971 71st Street, 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 1971 71st Street, Miami Beach, Florida, pursuant to conditions herein and as described herein. Condition(s) of Settlement: This lien in the amount of $549,825.96 is waived in its entirety and no funds payable to the City of Miami Beach. The property owner warrants that subject property is in compliance with City Codes. The Settlement and Release of Lien(s) referenced herein in subject to the approval of the Special Master. ~.~ity Manager ate ttte AGREEMENT TO SETTLEMENT AND RELEASE AUTHORIZATION I have read this SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION, regarding 1971 71st Street, Miami Beach, Florida, Special Master Case Number JB990016 and lien amount of $549,825.96 and I understand and agree to its terms and have executed same for its purple ~~ s herein s)at~. ~' Accepted by: ~ Rogsan~roperties, Inc., Propert~ Owner STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ss ) , 2006, by .~7-~[/~ /Od ~-)~,/~ , who has prod-u-~-ced her/his driver's license as identification and who did/did not take an oath. MY CO~. ~.'~~S' ~ :. ~'~' ~ber~ -%_.:0, -~ F:~m~ALL~OB~i~J~t 1971 -? 1 S~ossa~rop.d~ NO~ARY:PUBLIC,/~TATE :OF FLORIDA PRINT NAME: