HomeMy WebLinkAboutmemo4ci-06-04 08:05pm From-
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T-855 P.02/08 F-500
CITY OF MIAIVMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Honorable Mayor the City Commission
FROM: Jorge L. Fernand ttorney
DATE: October 1, 20
RE: Update on Assisted Living Facilities
As you kngw, in June 2003, the City Commission directed the administrating to create a
Task Force to study all Assisted Living Facilities ("ALFs") in the City of Miami. Tiib initial area
selected for study was the Shenandoah area The City identified 19 ALFs in the Shenandoah
area. The following is to update you on these ALFs.
The properties located at 1024 Southwest 19 Avenue. 1026 Southwest 19 Avenue. 1144
Southwest 19 Avenue, 1800 Southwest 19 Avenue and 1J,5 Southwest 11 Terrace. Miatn ,
Florida are IlLimaled by Family Boarding Horne. Inc. (WBH ". The City cited FBH with the
following Code Enforcement violations: (1) use not allowed in the Zoning District (R-1), (2)
distance violation, (3) failure to obtain a special exception for change of ownership, (4) failure to
provide parking and (5) work completed without permits. FBH is licensed by the State of
Florida to house a total of 34 residents (some are licensed to house 7-14 residents, others are
licensed to house 15 and above). The matter was scheduled before a special master sitting in the
capacity of the Code Enforcement Board. Special Master Maryann Lukacs ("Special Master")
held that estoppel and laches were adequate defenses for the violations related to "use not
allowed in the zoning district" and for "distance." The Special Master further held that FBH was
to obtain a special exception for the change of ownership. The parking violation was stayed by
both parties and is scheduled before a special master for November 3, 2004. Please note that the
City attempted to appeal the Special Master's ruling but was dismissed by the Circuit Court
because it was not ripe (i.e. the parking violation had not been addressed). Presently, FOE is in
the process of obtaining a special exception with City Commission approval. • That is, FBH is
scheduled to appear before the Zoning Board on October 18, 2004.
As to the ALF at 2381 Southwest 21_T.e Joni
the City cited the property for the following Code Enforcement violations: (1) work completed
without permits, (2) use not showed in the Zoning District (R-1), and (3) parking violation (later
dismissed by the City). This ALF is licensed to house up to 6 residents. The reason for citing it
with use not allowed in the Zoning District is because they exceeded their license capacity. The
Special Master held that they were in violation of the City Code and ordered compliance. In
May 2004, the City Commission passed a resolution for the City Attorney's office to seek
injunctive relief to address the issues concerning this property. On September 8. 2004, Judge
Lawrence Schwartz from Circuit Court granted the City's Motion for Injunction holding that this
property is to: (1) obtain all the necessary permits for the work completed [the Judge did not
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want to set any specific time period for all the permits to be obtained], (2) house no more than 6
residents and (3) maintain adult supervision 24 hours a day, 7 days a week.
The ALF located at 820 Southwest 20venue. Miami. . A "La C, ong ")
was recently before the Code Enforcement Board for the following Code Enforcement
violations: (1) work completed without permits, (2) failure to provide parking and (3) thilure to
obtain a special exception for change of ownership. The parties submitted written closing
statements on September 20, 2004. The Special Master has not ruled on this matter.
The ALF located at a1,66 Southwest 14 Tyr. 1Vli e#. Floridawc.6 'pioneer••? has
Bpi been scheduled before a special master for Code Enforcement violations because their
violation relates to distance and the matter with FBH must be completely addres$d Jdeterrrnined.
The other ALFs identified in the Shenandoah area either did not have any Code
Enforcement violations, cured the violations, or are in the process of curing the violations and
said violations are easily curable, unlike the violations of the ALFs specifically identified above.
Should you require additional information, please contact me, Thank you for your
attention in this matter.