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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

Alridge Merisier, Code Compliance Manager

DATE: Thursday, September 26, 2019
RE: Resolution R2019-82 Lien Mitigation Settlement - 341 NE 168 ST (Justin Profitt, AICP, Director of Community Development)
BACKGROUND ANALYSIS:

The Code Compliance Division received a request from property owners, Jennie Dennet and Jack A. Clark, to mitigate and settle outstanding code violation fines and liens on property they own located at 341 NE 168 Street. The total liens and fines for this property amount to $358,200.00 which includes recorded liens in the amount of $200,200.00 and accrued fines in the amount of $158,000.00. The following city code violations were cited against the property: 

1. Case No. 055047, Litter: Issued May 5, 2005 and brought into compliance April 27, 2006;

2. Case No. 055045, Derelict Vehicle: Issued May 5, 2005 and brought into compliance April 26, 2006;

3. Case No. 079579, Landscape Maintenance: Issued November 15, 2006 and brought into compliance July 21, 2011;

The series of code cases and running fines/liens date back to 2005 through 2011.  In 2005, the property owners were cited for having a derelict vehicle, litter, and debris on the property. In 2006, the property owner was cited for issues pertaining landscape maintenance. They were required to remove weeds and resod portions of the lawn. In 2015, the City Commission adopted Resolution 2015-15 to satisfy and settle the liens and fines for this property in amount of $4,000.00. The property owner had to pay the settlement amount within 30 days of adopting the resolution. The property failed to pay the settlement amount within the 30 day requirement. Therefore, the resolution expired, and the fines and liens remained on the property. The property owner reapplied for the settlement in June of 2019 and has paid the $4,000.00 up front.

The Community Development Department recommends the City accept the property owner’s offer of $4,000 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 $300 to which the $4,000 will sufficiently reimburse the City.

RECOMMENDATION: Adopt a resolution to accept $4,000 to settle and satisfy the subject code enforcement fines and liens, payable in full within thirty (30) days.
FISCAL/BUDGETARY IMPACT: The total fines and liens for this property amount to $358,200.00, which includes recorded liens in the amount of $200,200.00 and accrued fines in the amount of $158,000.00. The hard costs (City's cost) associated with these cases amount to $300. The property owners have paid the City $4,000.00 to satisfy the penalties arising from these code violations. 
 
ATTACHMENTS:
Reso. 2019-82 Dennett Lien Mitigation
City Staff Memo
Mitigation Application, Memo, Payment Receipt
Previous Resolution 2015-15