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City of North Miami Beach
17011 NE 19 Avenue
North Miami Beach, FL 33162
305-947-7581
www.citynmb.com


MEMORANDUM

 
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TO: Mayor and City Commission
FROM: Esmond K. Scott, City Manager
VIA: Justin Proffitt, AICP, Community Development Director
DATE: Tuesday, June 18, 2019
RE: Resolution R2019-55 Lien Mitigation Settlement - 17891 NE 19 Avenue (Justin Proffitt, Director of Community Development)
BACKGROUND ANALYSIS:

The Code Compliance Division received a request from property owners, W. Maria Elena and Luis Gramajo, to mitigate and settle outstanding code violation fines and liens on property they own located at 17891 NE 19th Avenue. The total fines for this property amount to $3,725,000.02, which includes recorded liens in the amount of $828,250.00 and accrued fines in the amount of $2,896,750.02. The following city code violations were cited against the property: 

1. Case No. 066098, Failure to obtain Business Tax Receipt: Issued December 2, 2005 and brought into compliance March 4, 2014;

2. Case No. 066101, Failure to obtain Building Permits (Illegal Construction): Issued December 2, 2005 and brought into compliance October 2, 2007;

3.  Case No. 070594, Landscape Maintenance: Issued February 26, 2007 and brought into compliance April 5, 2019;

4.  Case No. 070373, Litter: Issued February 26, 2007 and brought into compliance April 5, 2019;

5.  Case No. 070196, Litter: Issued February 26, 2007 and brought into compliance November 23, 2016;

6. Case No. 071795, Miscellaneous Complaint (Commercial Lawn Equipment Storage in Yard): February 26, 2007 and brought into compliance December 17, 2008.

The series of code cases and running fines/liens date back to 2005 through 2007. In 2005, the property owners operated a landscaping business with trucks, equipment, tools related to the business out of the home, which is not permitted in the residential zoning district. They were also cited for constructing a rear yard carport without building permits. In 2007, the property was cited for issues pertaining landscape maintenance, litter, and storing commercial lawn equipment on the property.

The Community Development Department recommends the City accept the property owner’s offer of $5,000 to mitigate and settle the property’s outstanding fines and liens, and for the execution and recording of lien releases for the following reasons:

  • Achieving compliance and recovering the costs associated with each code case is the ultimate goal of the Code Compliance Division’s process.
  • As of the date of this memo, all code violations are in compliance with the City’s code. 
  • There are no current or outstanding violations for the subject property.
  • The subject property is in good condition and maintained pursuant to current city code.
  • The hard costs (City's cost) associated with these cases amount to $500.
RECOMMENDATION: Adopt a resolution to accept $5,000 to settle and satisfy the subject code enforcement fines and liens, payable in full within thirty (30) days.
FISCAL/BUDGETARY IMPACT: The total fines for this property amount to $3,725,000.02, which includes recorded liens in the amount of $828,250.00 and accrued fines in the amount of $2,896,750.02. The hard costs (City's cost) associated with these cases amount to $500. The property owners have offered the City $5,000, almost four percent (4%) of the value of the single-family home with an assessed $125,992, to satisfy the penalties arising from the code violation. 
 
ATTACHMENTS:
R2019-55 Lien Mitigation
City Staff Memo
Request for Mitigation Application
Stipulated Order Mitigating Fines
Violation History
Outstanding Fines/Liens Summary
City Commission Lien Mitigation Policy - Resolution R2015-14