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Home My WebLink About2006-26184 Reso ........',. RESOLUTION NO. 2006-26184 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CITY LIENS ON REAL PROPERTY LOCATED AT 7746 CARLYLE AVENUE, MIAMI BEACH, FLORIDA, OWNED BY JOSE ACEVEDO, PROVIDING THAT LIENS IN THE AMOUNT OF $622,700.24 ($306,700.00 PLUS INTEREST OF $316,000.24), BE SETTLED FOR THE AMOUNT OF $60,000.00. WHEREAS, the property at 7746 Carlyle Avenue has liens for City fines and interest assessed against the property in the amount of $622,700.24; and WHEREAS, the owners of the property are responsible for the fines and various liens associated with the property and have corrected all outstanding violations; and WHEREAS, the management company hired by the property owner to maintain the property failed to correct the violations in a timely manner and failed to adhere to the Special Master compliance timeframes; and WHEREAS, the Administration seeks to reduce the liens to an amount that is reasonable and can be collected; and NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that a settlement for outstanding City liens at the property of 7746 Carlyle Avenue in the amount of $622,700.24 is hereby approved (Special Master cases JC970462 and JC970813) upon payment ofthe sum of $60,000 by Jorge Acevedo to the City of Miami Beach; and further that the City Manager shall be authorized to execute any and all necessary documents to complete such lien release and settlement subject to the approval of the Special Master. PASSED AND ADOPTED THIS lQtb D/c ,2006 ~rfOJ-~ City Clerk Robert Parcher APPROVED AS TO FORM & LANGUAGE & FO XECUTJON ~/~ ),~ Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving the settlement of City liens on real property located at 7746 Carlyle Avenue, Miami Beach, Florida, owned by Jose Acevedo, providing that liens in the amount of $622,700.24 ($306,700.00 plus interest of $316,000.24), be settled for the amount of $60,000.00. Ke Intended Outcome Su orted: Ensure compliance with code within a reasonable time frame. Issue: Shall the City Commission approve a settlement regarding liens on the property at 7746 Carlyle Avenue. Item Summary/Recommendation: The property owner, Jose Acevedo, lives outside of the country and hired a management company, Bay Harbor Realty, to manage the property located at 7746 Carlyle Avenue. The property management company failed to correct the violations in a timely manner and notify the property owner of said violations and accumulating fines. The liens consist of two (2) Code Compliance cases. The first case, JC970462/ZV9617778, was issued on August 26, 1996, for displaying a real estate sign in a multi-family district without a permit. Notices of violations and the Special Master notices were sent by certified mail and signed for by the management company. At the Special Master Hearing held on March 2ih, 1997, the violator was ordered to comply by April 9th, 1997, or a fine of $100.00 per day would be imposed. On June 1ih, 1999, a compliance inspection was conducted and the property was found in compliance. The second case, JC970813/47989-PM, was issued for interior and exterior property maintenance violations such as exterior paint, leaking faucets and missing windows. The original notice of violation was issued on December 11 th, 1997, and was sent by certified mail. At the Special Master hearing held on July 10th, 1997, the property owner and/or a representative of the property owner failed to appear. The Special Master found in favor of the City and the violator was ordered to comply by August 21 s., 1997, or a fine of $200 per day would begin. A compliance inspection was conducted on September 2ih, 2000, and the property maintenance violations had been corrected. The Administration recommends adoption of the attached Resolution approving and authorizing the City ManaQer to settle the lien in the amount of $622,700.24, for $60,000.00. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin : Vivian P. Guzman, Director, Neighborhood Services Department Si n-Offs: Department Director MIAMIBEACH City Manager m ..... C1E s:-/tJ-ob lD MIAMI BEACH City of Miami Beach, 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, City Manager \~. May 10, 2006 U U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CITY LIENS ON REAL PROPERTY LOCATED AT 7746 CARLYLE AVENUE, MIAMI BEACH, FLORIDA, OWNED BY JOSE ACEVEDO, PROVIDING THAT LIENS IN THE AMOUNT OF $622,700.24 ($306,700.00 PLUS INTEREST OF $316,000.24), BE SETTLED FOR THE AMOUNT OF $60,000.00. TO: DATE: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Since 1997, the property located at 7746 Carlyle Avenue has accumulated liens in the amount of $306,700, plus interest ($316,000.24), as a result of a violation for an unpermitted real estate sign and property maintenance violations. The total value of current liens is $662,700.24. The property owner, Jose Acevedo, lives outside of the country and hired a management company, Bay Harbor Realty, to manage the property located at 7746 Carlyle Avenue. All the notices of violations and the Special Master hearing notices were sent to the property management company. However, the property management company failed to correct the violations in a timely manner and notify the property owner of said violations and accumulating fines. The liens consist of two (2) code compliance cases. The first case, JC970462/ZV9617778, was issued on August 26, 1996, for displaying a real estate sign in a multi-family district without a permit. Notices of violations and the Special Master notices were sent by certified mail and signed for by the management company. At the Special Master hearing held on March 2ih, 1997, the violator was ordered to comply by April 9th, 1997, or a fine of $1 00 per day would be imposed. A compliance inspection was conducted on April 18th, 1997, and the violation remained uncorrected. On June 1ih, 1999, another compliance inspection was conducted and the property was found in compliance. The fine amount accrued to $79,900.00 and as of May 3, 2006, the interest has accumulated to $85,372.60, at 12% interest. Staff contacted the property management company and informed them of the case and fine and suggested that they apply for mitigation. Page 20f2 Commission Memorandum May 10, 2006 The second case, JC970813/47989-PM, was issued for interior and exterior property maintenance violations (such as exterior paint), leaking faucets and missing windows. The original notice of violation was issued on December 11th, 1997, and was sent by certified mail. At the Special Master hearing held on July 10th, 1997, the property owner and/or a representative of the property owner failed to appear. The Special Master found in favor of the City and the violator was ordered to comply by August 21 s.. 1997, or a fine of $200 per day would begin. A compliance inspection was conducted on October 18th, 1997, and the violations were not corrected. A compliance inspection was conducted on September 2ih, 2000, and the property maintenance violations had been corrected. The fine amount accrued to $226,800.00 and as of May 3, 2006, the interest has accumulated to $230,627.64, at 12% interest. In 2004, the City was contacted by the property owner's new representative, Mr. Sabbaugh, who asserted that issues with the property management company had caused the failure to comply and address any outstanding issues in a timely manner. A settlement amount was negotiated, but the property owner did not agree to the amount at that time. Therefore, the matter remained unresolved until a new representative for the property owner contacted the City in March 2006. The City has been working with Mr. Bryan I. Levy, P.A. to address any and all outstanding issues on the property. A recent inspection of the property revealed that there are no outstanding violations and permits have been secured to address an issue with an electrical connection and the installation of a wall air conditioning unit. Additional minor repairs have also been made to the property. The property is a six unit multi-family building of approximately 2,706 square feet. The Miami-Dade County Property Appraiser's Office lists the property's current assessed value as $411,438, with the last purchase price listed as $158,000 in 1993. We have received a copy of a pending sales contract that reflects a purchase price of $340,000. In addition, the prospective buyers have covered the costs associated with outstanding, minor issues. CONCLUSION The Administration believes that this is a fair and equitable settlement given the nature of the original violations (a sign without a permit and non life-safety property maintenance issues, such as painting and general maintenance, which at no point in time threatened the health and welfare of the tenants), the value of the property and current sales agreement. Additionally, there are no outstanding City bills that need to be satisfied. Therefore, the Administration recommends adoption of the attached Resolution approving and authorizing the City Manager to settle the lien in the amount of $306,700, plus interest, for $60,000.00. Attachments JMG/HMFNPG T:\AGENDA\2006\may1 006\cansent\77 46cARL YLE41006COMMMEMO.doc CITY OF MIAMI BEACH 2nd UPDATED ~ Telephone (305) 673-7590 Facsimile (305) 604-2428 1700 CONVENTION CENTER DRIVE, MIAMI BEACH FL 33139-1824 May 1, 2006 Property Address: RE: VIVIAN GUZMAN 77 46 CARLYLE AVE STATEMENT# PLATE # 3940 10200 IS THIS IS TO CERTIFY THAT THE FOLLOWING MUNICIPAL LIENS OR ASSESSMENTS ARE DUE AND PAYABLE AGAINST: LOT 12 BLK 26 ALTOS DEL MAR NO 3 Charge Type 1) UTILITY BILL:'" a) Water,Sewer,Storm Water,Waste 2) DEMOLITION & BOARDING.UP LIENS 3) RESORT TAX LIENS " "Please call (305) 673-7447 4) CITY BILLS 5) SPECIAL MASTER' 'Please call (305) 673-7181 6) SPECIAL ASSESSMENT 7) PERMITS, CERTIFICATE OF USE, LICENSES 8) OTHER TOTAL AMOUNT DUE is pr~~~ Ihas pnva~~~te. . . i $0.00 i i i ..n nn I : T . , $0.00 , i i * ORGE ACEVEDO % BAY HARBOR R~=~J}~~}~ I ~~ 92.94 ! * ORGE ACEVEDO % BAY HARBOR REALTY ...._...~...57,29~.:. r $0~06 I I I I I $0.00 . .- -'$0.00 . t .16 . if needed call phone # (305) 673-7181 ., if needed call phone # (305) 673-7447. ADDITIONAL BILLS MAY BE DUE FROM DATE OF LAST REGULAR READING TO DATE OF FINAL READING. ALL DELI NT CH GES BEAR A PENALTY OF 10%. RECORDED LIENS BEAR INTEREST AT 12% PER ANNUM. UNPAID AND/OR DELINQUENT CHARGES rOGe ALL P NAL TIES IMPOSED THEREON, SHALL REMAIN AND CONSTITUTE SPECIAL ASSESSMENT LIENS AGAINST THE REAL PROPE~'rY. -~.. I hereby certify that this Lien Statement is a true and accurate reflection (as of the date his Lien S of the City of Miami Beach Finance Department) due and owing the City of Miami Bea regard I. PATRICIA D. WALKER, CHIEF FINANCIAL OFFICER SUBCRIBED AND SWORN TO befor BLlC, STATE OF FLORID DADE COUNTY Miami - Dade My Home My Home 1JJiJ!J~ Show Me: I Property Information II Search By: ISelect It~mll Ii I~)(tQDly II Property Appraiser Tax Estimator Summa Details: 02-3202-007 -2210 7746 CARLYLE AVE ORGE V ACEVEDO % DANIEL ROBITCHEK 1000 ST CHARLES PL #803 PEMBROKE PINES FL 33026- Property Information: Primary 14000 RESIDENTIAL MUL TI- one: FAMILY, MEDIUM DENSITY CLUC: 10003 MUL TIFAMIL Y- lA,PARTMENTS Beds/Baths: 6/6 Flaors: 1 Livina Units: 6 AdjSq 1?,706 Footaae: Lot Size: 5,650 sa FT ear Built: 1951 ALTOS DEL MAR NO 3 PB Legal 8-41 LOT 12 BLK 26 LOT Description: SIZE 50.000 X 113 OR 15917-32100593 1 Sale Information: Sale O/R: 15917-3210 Sale Date: 5/1993 Sale Amount: $158,000 Assessment Information: rY'ear: 2005 2004 Land Value: $282,500 $253,120 Buildina Value: $128,938 118,229 Market Value: $411,438 371,349 ssessed Value: $411,438 371,349 otal Exemotions: $0 $0 axable Value: $411,438 371,349 Page 1 of2 ACTIVE TOOL: SELECT f\I ~,<it lilt:) ~.IIII . 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