HomeMy WebLinkAboutSubmittal-Kathy Kesler-City Attorney MemoSubmitted into the public
record for item(s) PZ.9 .
on 01/24/2019 , City Clerk
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Daniel J. Alfonso, City Manager
FROM: Rachel S. Glorioso Dooley, Assistant City Attorne
DATE: April 24, 2015
RE: Code Compliance - 3861 Kumquat Avenue
Matter ID No.: 14-2368
The above referenced property was referred to the Office of the City Attorney regarding
code violations and unpaid liens. This property was purchased in July of 2013 (after liens
recorded) by Prime Properties USA 2011, LLC. The registered agent is Henry Weinstein whose
principal place of business is New York where he is a real estate businessman and developer.
The actual owner is still the previous owner, Lionel Claude, Jr., according to the contractor on
the property.
Lien Information
A. Code Enforcement Liens Pending
1. CE2010008868: Recorded 8/24/2010 (book 27396 page 3951)
Work performed without a permit for driveway, tree trimming, wood fence and some
demolition work.
Current Per Diem Fine Amount: $433,750.00 accruing at $250,00 per day.
2. CE2010008860: Recorded March 15, 2011 (book 27617 page 2012)
Obtain after -the -fact tree removal permit for 7 trees, arborist report for 3 critical oaks.
Current Per Diem Fine Amount: $377,250.00 accruing at $250.00 per day.
B. Unsafe Structures Lien Pending
1. BB2010019401: Appears unrecorded, amount due $78.41 (for initial ticket of $50,00)
for missing railing.
C. Current Code Enforcement Case
1. CE2015002174
Debris in yard area
Open and pending hearing before the Code Enforcement Board
The current assessed value of the property is $205,200.00 pursuant to the Miami -Dade
Property Appraiser and the property taxes are current.
Issues
There are two code liens of over $700,000.00 against the property since 2011. Although
the property was sold to a corporation during the pendency these liens and the owner remains the
3861 Kumquat Avenue
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Submitted into the public
record for item(s) PZ.9
on 01/24/2019 , City Clerk
same and he has not come forward to address the lien issues. Neighbors have complained that
the structure is causing water erosion damage to their property due to the type of driveway they
installed. The erosion continues and no barrier has been set up to stop the intrusion. This past
weekend, the police were called because the workers were on the property on a Sunday working'
and causing a disturbance with their noise. The property is not homesteaded and the structure on
the property is incomplete.
Recommendation
We have the following remedial options:
1. Collections / Foreclosure:
a. We can begin a collections action against the property for the outstanding liens that
have been placed upon the property.
b. If there is no response to our collections effort, since the property is not homestead,
the City can move for foreclosure to collect the recorded liens or special assessment
as an unsafe structure.
c. In order to move forward with either of those, we will have to have the liens certified
through Hearing Boards and/or Unsafe Structures.
2. Unsafe Structure: There are open / active permits on the property and as of April 3,
2015, the property owner has agreed he has 30 days to complete open permits.
3 Code Enforcement: The Code Compliance Department continues to inspect the property
for new or continuing violations.
We recommend to move forward with the collections and then foreclosure action as well as
pursuing the issue of the unsafe structure and code violations which are causing all of the
problems for the neighbors. If you concur with the recommendation of the Office of the City,
kindly indicate by signing below. If you agree also include the account to be used for filing fees
and costs for the foreclosure action and return to the attention of Assistant City Attorney Rachel
S. Dooley.
Disapprove
count
e �< �Pam. eGfi
cc. Barnaby Min, Deputy City Attorney
Commissioner Marc Sarnoff
Code Enforcement Division
3861 Kumquat Avenue