HomeMy WebLinkAboutItem #77 - Discussion ItemMatch 15#
Mr, Joseph R. Grassie,
City Manager
Miami City Hall
3500 Dan American Dr
Miami, Florida 33133
•
Dear Mr. Grassie:
KAM
19 / 8 `?8ttll 6 MV5A
tMt
rit)ARb
We hereby request the opportunity of making a personal
presentation to the City Commission on either April. 13
.,or April 20th regarding a difference of opinion with the
City Administration about the construction of a sidewalk
on property owned by us at 3583 SW 17th Terrace, Miami,
Florida.
Sincerely,
A'lonso del Portillo
Zonia del Portillo
:: t ci' 01 e Vic'. (,v 4.1)
1
CITY Cr MIAMI
'1NNIN+3 r& , ONIN R
.hl15T, r.
`78 APR 13 A8 :22
639 Velarde Avenue
Coral Gables, F1 33134
April 10, 1978
Mr. William E. Parkes
Director Public Works Department
City of Miami
3332 Pan American Drive
Miami, Florida 33133
Re: Lot 14, CARA VILLA, PB 32/12, Dade County, a/k/a
3583 S. W. 17 Terrace, Miami - Building Permit 774987
Construction of Sidewalk
Dear Mr. Parkes:
Furthering our conversation during my meeting with you and
Mr. George Campbell at your office on April 3, 1978, and
your letter of April 6, 1978, I would like to clarify some
apparent misunderstanding as to what I discussed and
requested.
1. I agreed with you that the construction of the sidewalk
should be adjacent to the base building line as required by
City Ordinance.
2. I indicated to both you and Mr. Campbell that, if the
sidewalk is constructed on undedicated land, depriving an
owner of its rightful use and enjoyment, then a taking is
effectuated, and in accordance with the U. S. Constitution,
before a taking is effectuated there needs to be a due
process of law and just compensation to the owners.
3. Mr. Campbell mentioned that just compensation need not
be monetary compensation, that it could be the offer that
you made at our meeting.
Mr. William E, Parkes
April 10, 1978
Page 2
4 • At no time I told you or Mr, Campbell that 1 wanted to
pursue the possibility of monetary compensation. What 1 said,
and I repeat, is that I know that at the present the City of
Miami has no interest in acquiring my property for right-of-
way purposes inasmuch as there are other places within the City
where there is a greater need to widen the street than at this
particular location.
I would aaso like to indicate that:
a) If the City of Miami has the power to cause this sidewalk to
be constructed, some nine feet inside our property line, on undedicated
land, without just compensation or due process of law, then, your
offer is most generous.
b) if, on the other hand, and as I understand it to bt , the
City is not empowered to take property without just compensation
and due process of law, then, the offer posed in your April 6, 1978
letter, does not meet said requirement by much, and,in effect is
denying us of our constitutional rights.
In view of all of the above, I am hereby ratifying that what I am
requesting, in order to obtain the Certificate of Occupancy at
this particular location, is authorization from your department to
construct the sidewalk where it was previously located for many
Years, that is, outside our property line, just as it is located
on the other side of the street.
As you may, or may not recall, I also indicated that I wanted to
receive an answer to my letter so that I may obtain the Certificate
of Occupancy and, depending on the answer given in your letter, take
same to the City Commission or wherever it may be necessary in order
to have justice done.
I do not want to finish this letter without thanking you and your
staff for all the time and effort involved in this matter, and to
once again make it clear and understood that I am not pursuing
monetary compensation but only the fact that the constitutional
rights of a citizen cannot be violated by anyone,
Copy to Mr. Robert Davis
Planning & Zoning Boards
stfully, 1f
A Yonso del tort i 1 10
DEPARHMENt OF PUBLIC WORKS
3332 PAN AMERICAN DRIVE
MIAMI, HORIDA 33)33
0
LAN 70,N0n
1 Ht CITY OF MIA MI, Eit`�IdA'
18 APC1 11 A8:17
April 6, 1978
Mr. Aloneo Del Portillo
General Contractor
639 Velarde Avenue
Coral Gables, FL 33134
Dear Mr. Portillo:
Sidewalk Construction Adjacent to
3583 V.W. 17th Tertae'_
On March 22, 1978 I received a letter from you concerning the
City's requirements for constructing a sidewalk adjacent to your
property at 3583 S.W. 17th Terrace. Subsequently I met with you
in my office, along with Mr. George Campbell of my staff, to
discuss this subject.
The construction of sidewalk adjacent to the base building lisle
is required by Ordinance of the City of Miami. According to the
ordinance involved this construction must be completed prior to
the issuance of a Certificate of Occupancy by the Building Depart-
ment.
During our conversation, I offer a solution which I felt would be
mutually advantageous to both of us. I stated at the time that
the City would be willing to construct the necessary sidewalk
along S.W. 36th Avenue in exchange for the dedication of the
necessary right of way. I also said that I would except a
covenant to run with the land for the construction of sidewalk
along S.W. 17th Terrace in order that the City might investigate
the possibility of a change in the zoned width of S.W. 17th
Terrace. I also offered the same exchange of sidewalk for right
of way dedication adjacent to the property which you owned on
S.W. 35th Court at 17th Terrace.
O
Aionso Deb. Portillo
General Contractor
.2. April 61 1976
Yew indicated to me and to Mr, Campbell that the above offerJ not acceptable to you, You said that you prefered that 1
direct you to construct the necessary sidewalk at the bass
buildinAvenue s gand1talo ale on ohe ng undedicated 17 17th Terrace, right of yalong sothatyoucouldt�sh
pursue
sue the
possibility of monetary compensation for the area between the
existing property lute and the base building line.
As you requested during our meeting, 1 am, by this letter, requir'
ing that you construct the necessary 9iducualk on S.W. 36th Avenue
and on S.W. 17th Terrace adjacent to your property at 3583 S.W.
17th Terrace, in accordance with the appropriate ordinance of the
City of Miami.
WEP:GVC: sd
cc: Mr. Robert Davis
Executive Secretary
Planning & Zonint•, Boards
Sincerely,
i+'i.11n.vE.�Parkes
Director
7:''_3
.r tr.t,r r
l
1 t
March 20, 1978
Mr+ William Parkes
Director Public Works Department
City of Miami
3332 Pan American Drive
Dinner Key
Miami, Florida
Re: Lot 14, CARA VILLA, P13 32j 1.2, Dade a/k/a 3583 S. W. 17 Torr. ,
Miami, Florida 331.45 - Building Permit 774987
Dear Mr. Parkes:
On or about the end of the month of February, 1978, the under-
signed completed all necessary inspections for the construction
of a CBS single family residence at the captioned property, with
the exception of the one from Public Works Department.
The sidewalk to be constructed at this sate was located by the
Public Works Department of the City of Miami adjacent to the
base building line of this lot, which on this particular site
is some nine (9) feet inside the property lino.
The nine feet of land in question have nut been dedicated or
conveyed to the City of Miami fur sidewalk purposes, nor has any
due process of law begin commenced for this taking in order to
compensate the owner for its just value.
Therefore, I hereby request from your department, authorization to
construct the sidewalk on this particular si a, outside the
property line, that is, where it was previously located, inasmuch
as it is my understanding that the City of Miami does not intend
to widen the street at this location, at the present.
The above is being requested from the Department of Public Works
in order to complete the requirements from the City of Miami in
order to obtain the Certificate of Occupancy for the captioned
property.
(di
1 L
1 ll J
Mr. William Parkes
March 20, 1978
Page 2
I would appreciate being advised in writing within the next few
days of your consent to the above, or else show cause why same
cannot be accomplished.
Your continued cooperation in this matter is greatly and sincerely
appreciated.
/zdp
CERTIFIED- RETURN RECEIPT REQUESTED
R spectfully yours
tom. *
�' ry
ALONSO DEL PORTILLO
-639 Velarde Avenue
Coral Gables, Florida 33134
March 7 , 1976
George F. Knox, Jr .
City Attorney
City of Miami
174 East F1ac31er
Miami, Florida 33130
Re: Lot 14, CARA VILLA, P13 32/12, Dade County, Florida.
a/k/a 3583 S. W. 17 Terrace, Miami, Florida
Dear Mr. Knox:
The undersigned, Alonso del Portillo and Zonia del Portillo,
his wife, are the fee simple title holders of the above:
legally described property. Further, Alonso del Portillo, as
a qualified General Contractor, obtained a Building Permit
from the City of Miami to construct on said property a single
family residence. This improvement has long since been
completed and all necessary inspections have been obtained,
with the exception of the one from Public Works Department
relative to the construction of the sidewalks.
The City of Miami is requesting from the undersigned that, in
order to obtain the Certificate of Occupancy for the above
property, a new sidewalk must be constructed adjacent to the
base building line:which as now established at this particular
location, would relocate the sidewalk some nine (9) feat inside
the property line. We have been further informed by the City
of Miami that they will not accept the replacement of the
sidewalks as they were originally located at the subject
property, that is, outside our property line.
At the time of the acquisition of the above property, a careful
examination of the abstract of title for said land was made,
and, neither at the time it was platted, nor subsequent to that
time, a dedication or conveyance was made to the City of Miami
of these nine feet for sidewalk purposes, or any other purpose.
George F. Knox, Jr,. Esq.
March 7, 1978
Page 2
As you are probably aware, during the last two months We have been
trying unsuccessfully to ascertain from the City of Miami the
legal validity of this request, that is, the construction of
a sidewalk for public use, inside our property line, on un-
dedicated land.
The only reason given for the relocation of the sidewalk some
nine feet inside the property line, on undedicated land, is
reliance on Section 54-34.1 of the City of Miaiui Code and
on Opinion letter from your former City Attorney, Alan H.
Rothsteirt, said letter dated December 7, 1971, which copy was
mailed to us by your Assistant City Attorney, Michel E. Anderson.
We have reviewed said Opinion letter as to whether or not the
City can cause a public sidewalk to be constructed on undedicated
land.
Florida Statute 167.02, cited by Mr. Rothestei_n in his second
paragraph, reads:
"The city ... may regulate and control the grading and construct-
ion ... sidewalks.. and require the owners of real estate
within the corporate limits to construct ... sidewalks
around their several lots..."
Section 54-34.1 of the Cede of the City of Miami states:
"(b) The director of the department of Public Works...shall
notify applicant for the building permit that all :sidewalks...
adjacent to the lot or parcel to be improved shall be
constructed, reconstructed and repaired..."
"(a) Sidewalks... shall be constructed...when any private
property...is improved by the construction... of any type
of structure of five thousand dollars..."
"(c) The Director...withhold the Certificate of Occupancy
until such sidewalk...are properly constructed as provided
in subsection (a) and (b)..."
(d) The Director... is hereby authorized to approve and
allow variations and deviations from the above...".
George F. Knox,
March 7, 1978
Page 3
., Esq.
Mr. Rothstein closes his memo, or opinion 1k3L.cr by saying:
Since the City of Miami has the full authority and
power... to cause to be constructed a sidewalk.... it
is immaterial whether the location of the sidewalk is
on undedicated or dedicated property".
It seems to us, that in view of the above, the City of t1i,tiu1
has in fact the power to regulates the construction of sidewalks
for public use.
However, it also seems to us that the City is not e'mpom_red by
any of the above statutes, charter, ordinances or code, to
deprive a property owner of the rights guaranteed to them by
the Florida Constitution and Articles V and XIV and Amendments
thereto of the United States Constitution.
"... nor be deprived of life, liberty or property, without
due process of law; nor shall private property be taken
for public use, without just compensation."
U.S.C.A. Const. Amend. 5, Note 13- "Private property is not to
be lightly regarded and sovereign should be held to strict
accountability for any taking thereof or damage thereto."
F.S.167.01 (Note 1)
"...private property may be appropriated for
such purposes upon tender of just compensation."
F.S.167.04, Note 4 "... resulting in public burden or touching right
to liberty or property of citizens... must be: strictly construed
and... any fair or reasonable doubt should be resolved against
exercise of such powers."
We beg your indulgence for making these citations; we are sure that
you, as an attorney, are more fully aware of these parttcul.irs than
we are, but it again s.ems to us, that the forcing by the City
of Miami of the construction of the sidewalk within our property,
is, in fact a taking without due process of law or just compensation.
George F . Knox, Jr . , Esq.
March 7, 1978
Page 4
Taking of property for public U60 w1 the)ut j u ; t: COM[WIThidLiOn
is violative of Amendment 5 U.S. Constitution, and state
constitutional rights".
The question may be posed whether or nut, in fact a "taking"
is in effect. To this may I quote the following:
U.S.C.A. Const Amend.. 5, Note 64 (1972) -" A taking within
meaning of this amendment can occur when owner is de,p ivt'd
of they' use of his property or where the noyernmont makw:;
it possible for someone else to obtain use or bLfl f1t of
another person's property.
It is the loss to 0Wn.'r of p10nert.v and not the accretion
to the Government which is controlling in determining
Whether there has been a "taking" within this amendment.
Government need not dir!.'c.t lv approori to title_', possession
or use of property in order to effect taking, since it is
deprivation of former owner rather than accretion of right
or interest to sovereign which constitutes a "taking".
Although we have been apprised of the various benefits involved
if we deed this property to the City of Miami, such as tax
deductions and losses, by your Assistant City Manager, Vince
Grimm, unfortunately the particular size of the lot in question
is such (50' x 76') that it will make it economically impossible
to accomplish. If this "taking" is effectuated, which the City
can do based on itcs powers, providing, of course, for just
compensation and due process of law, the lot size will be
reduced to 41 feet by 67 feet, thus resulting in a loss of
27.71% feet approximately (one third) , o11d ,icy at.lvely affecting
the marketability of the improvement as presently constructed.
U.S.C.A. Const. Amend., Note 70 (1972) - " ...a city
exercising power of eminent domain, is liable for consequential
damages..."
We could go on and on, making citations from the Florida Constitution,
and the United States Code Annotated Amend. 14, however, like we
said before, you are mor e fully aware of said items than we are.
Gi gorcj(F . Knox, Esq.
March 7, 1978
Page 5
Mr4 Knox, we do hot want to take any more of your valuable
time, however, this matter is also causing us e:•:tr me
emotional stress and undue economical hardship.
We requested from tir. Grimm a written statement, other than
a copy of the Opinion Letter from Mr. Rothstein, previously
referred to, wherein the City of Miami would advise us on
what basis they are making their demand. 1k indicated th,it
we had to make: this request to you, as they City httornt y .
1 f we are wrong in our position and you feel that we ate hot
being denied of our constitutional rights, and that the City
in fact has the powers to do what they are requesting, we
would appreciate being advised specifically on what greunei_s
you base your opinion, s) as to be able to conclude this
matter within the next f _w days.
Al 1 that we are seeking is being able to complete the stricture,
construct the sidewalk where it was previously located, so as
not to reduce our property by almost ono third, obtain ou
certificate Of occupancy }' and make a living. We came_ to thi:i
country seeking liberty and justice and we are sure that said
justice can be found.
We feel that the construction of the sidewalk where it was
previously located will not be hazardous to health or people,
nor wi 11 it be violative of any law, since, in accordance with
Section 54-34.1 (d) of the City of Miami Code, the Director of
Public Works can allow aviations and variations. Purthcr, this
is a U shaped street, not likely to Le widened in the immediate
future- and persons using it are primarily those living in
that particular street.
We are taking the liberty or enclosing a copy of the editorial
page of the U.S. News and World Reprt of February 27, 1e)76,
which we found very enlightening.
If you feel that a meeting should be arranged so that we may,
discuss this matter !A -)re fully, we will be more than happy to
attend at whatever ti me you indicate.
George P. Knox, Esq,
March 7, 1978
Page 6
May we close this letter with the following
" I do solemnly swear:
I will support the Constitution of the united Status
and the Constitution of the State of Florida.
I will not counsel or maintain any suit or prcce,:din'.j
which shall appear to me to be unjust, nor any defense
except such as I believe to be honestly debatable under
the law of the land;
I will never reject from any consideration personal to
rnyelf, the cause of the defenseless or oppressed, or
delay any man's cause for lucre or malice. So ilulp Mc Gocl."
We thank you for your patience.
/zdp
Copies to: Mayor Maurice Fcrre
Vice Mayor M. Reboso
Comm. Rose Gordon
Rev. Gibson
Comm. Plummer
Michel E. Anderson, Esq.
E. Grassi
V. Grimm
Mr. Parker
A. C. Bacotti
G. Campbell
Mr. Brown
Walter Lowman
Resp2'ctfully tte
Alonso del Portillo
lei?/a 2 (f,!'
Zonia del Portillo