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Home My Public Portal AboutLTC 105-2017 Update on Quarzo – Unsafe Structures Board SubmissionBAL HARBOUR - VILLAGE - OFFICE OF THE VILLAGE MANAGER To: From: Date: Subject: LETTER TO COUNCIL NO. 105-2017 Mayor Gabriel Groisman and Members of the Village Council Jorge M. Gonzalez, Village Manag June 2,2017 Update on Quarzo - Unsafe Structures Board Submission The purpose of this Letter to Council (LTC) is to advise you that the Village through our Building Official has requested that the Miami -Dade County Unsafe Structures Board schedule a hearing for July 19, 2017 to consider the current situation regarding the Quarzo property. Also related to the Quarzo property, the Village has been recently advised of a potential transaction where new owners would acquire the company and the properties. The potential new owners claim to be exploring a different layout of the rooms which would result in larger units with a lower total room count. As we get more information, we will advise the Council. In the meantime, we continue to pursue the Unsafe Structures Board hearing to ensure that the property is brought into compliance as quickly as possible. If you have any questions or need any additional information, please feel free to contact me or our Building Official, Suramy Cabrera. JMG/SC/AC BAL HARBOUR - VILLAGE - May 30, 2017 Secretary of the Board Unsafe Structures Board 11805 S.W. 26 Street, Room 230 (Coral Way) Miami, Florida 33175 Tel. 786-315-2573 Fax 305-315-2570 Re: Village of Bal Harbour, Department of Building Case No. 2016-001 Property Address: 291 Bay Bay Drive, Bal Harbour To whom it may concern: The Village of Bal Harbour, Department of Building, requests that the above -referenced matter be scheduled, and all interested parties notified, for the Unsafe Structure Board (the "Board") hearing of July 19, 2017. Enclosed, please find the case resume, original color photographs, a copy of the notice of violation, and the last known address of the owner and interested parties. The Village Building Official has determined that the structure is unsafe and must be secured and repaired (see Building Official's Decision and Request in the Case Resume). The Village Building Official requests a Board order requiring compliance with the Village Building Official's decision within 2 months from the date of the Board's order on same. Should you need additional information or have any questions, please do not hesitate to contact me, Suramy Cabrera, at 305-866-4633 or scabrera@balharbourfl.gov. Thank you. Very truly yours, Suramy Cabrera, P.E. Building Official Village of Bal Harbour Cc: Jorge M. Gonzalez, Village Manager Village Attorney BAL HARBOUR - VILLAGE - UNSAFE STRUCTURES BOARD HEARING CASE RESUME HEARING DATE: July 19, 2017 CASE NO.: 2016-001 CONDEMNED BUILDING(S): 291 Bal Bay Drive, Bal Harbour LEGAL DESCRIPTION: BAL HARBOUR RESUB PB 53-15 LOT 1 BLK 8-A AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 68114 SQUARE FEET COC 26140-4292 10 2007 6 OWNER: BAL HARBOUR QUARZO, LLC 1395 Brickell Ave., Suite 1020 Miami, Florida 33131 OTHER INTERESTED PARTIES: See attached. DESCRIPTION AND DEFECTS OF BUILDING(S): Vacant, open and abandoned with the windows and doors missing or damaged. Structural slab partially demolished. Balcony railings damaged and/or missing, structure falling away, mechanical, electrical, plumbing and life safety incomplete. Further defects were found to exist as cited in the Notice of Violation. IN THE MATTER OF: The Village of Bal Harbour, Department of Building (the "Division") has found the above - described building(s) to be unsafe structures. As required in Section 8-5 of the Code of Miami Dade County, an official notice was sent to the owner directing them to: REPAIR OR DEMOLISH SAID STRUCTURE (A) The notice provisions having been complied with by this Division and the owner having failed to comply with the order as cited in the Notice of Violation, this public hearing is being held so that the Board may hear testimony and to direct the owner to show cause why the Building Official's order should not be complied with. I request that this resume and the pictures submitted herewith be made a part of your official records. CRITERIA: Cost of repairs is approximate $13,218,562. Present value of the building(s) is $21,149,700. The cost of repairs being 63% of the present value of the building(s) establishes that the HEARING DATE: July 19, 2017 CASE NO.: 2016-001 CONDEMNED BUILDING(S): 291 Bal Bay Drive, Bal Harbour LEGAL DESCRIPTION: BAL HARBOUR RESUB PB 53-15 LOT 1 BLK 8-A AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 68114 SQUARE FEET COC 26140-4292 10 2007 6 Page 2 building(s) must be REPAIRED OR DEMOLISHED as per Section 8-5 of the Code of Miami Dade County. CASE NO.: 2016-001 DATES AND ACTIVITIES 03-08-17 03-08-17 03-08-17 03-08-17 05-30-17 INSPECTION, APPRAISAL AND PICTURES TAKEN NOTICE OF VIOLATION ISSUED TO OWNER NOTICE OF VIOLATION POSTED ON BUILDING, PICTURES TAKEN UNSAFE SIGN POSTED ON BUILDING, PICTURE TAKEN STATUS CHECK NOTICE OF HEARING SENT CERTIFIED MAIL TO OWNER AND INTERESTED PARTIES NOTICE OF HEARING POSTED ON BUILDING, PICTURE TAKEN BUILDING OFFICIAL'S DECISION AND REQUEST: Based on the application of the physical criteria and valuation criteria as contained in Section 8-5 of the Code of Miami Dade County, and based on the application of the provisions of Section 8-5 to the subject structure(s), it is my decision that this/these building(s) is/are unsafe and constitutes a hazard as cited in my notice of violation. I therefore respectfully request that the Unsafe Structures Board uphold my decision as written and order the owner to: REPAIR OR DEMOLISH SAID STRUCTURE If the decision of the Unsafe Structures Board is to repair the structure, then the Building Official requests that the property owner be required to do the following: 1. Submit within 15 days an application to complete the work, and obtain final approved inspections within 30 days for the following: 1.1. Replace windows and doors. Bal Harbour Village Building Department • 655 96th Street, Bal Harbour • FL 33154 • 305-865-7525 • Fax 305-868-0141 HEARING DATE: July 19, 2017 CASE NO.: 2016-001 CONDEMNED BUILDING(S): 291 Bal Bay Drive, Bal Harbour LEGAL DESCRIPTION: BAL HARBOUR RESUB PB 53-15 LOT 1 BLK 8-A AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 68114 SQUARE FEET COC 26140-4292 10 2007 6 Page 3 1.2. Repair exterior concrete. 1.3. Replace/repair exterior balconies 1.4. Paint the exterior of the structure. 2. Submit within 15 days an application, and complete the work with final, approved inspections within 60 days to repair the interior, ground floor slab. 3. Remove the construction fence within 60 days and upon completion of items one and two above. 4. Landscape the site with the minimum required by Miami -Dade County Landscaping Ordinance Chapter 18A. 5. All work to secure and repair the exterior of the structure must comply with Chapter 5.5 of the Village Code. Failure to comply with such order shall authorize and direct the Building Official to demolish the structure as provided for in Section 8-5 of the Code of Miami Dade County. No extension of time will be granted by the Unsafe Structures Board. Presented by: Suramy Cabrera, Building Official Bal Harbour Village Building Department • 655 96'^ Street, Bal Harbour • FL 33154 • 305-865-7525 • Fax 305-868-0141 Z 0 VILLAGE OF BAL HARBOUR DEPARTMENT OF BUILDING NOTICE OF VIOLATION — UNSAFE STRUCTURES March 08, 2017 Building Case No. NOV-17-03-001 Property Owner: BAL HARBOUR QUARZO, LLC 1395 Brickell Ave., Suite 1020 Miami, Florida 33131 Subject Property: 291 Bal Bay Drive, Bal Harbour Folio: 12-2226-003-0010 NOTICE IS HEREBY GIVEN THAT after an inspection of the above -referenced subject property (the "Property"), the Building Official has determined that the structure(s) and/or building(s) located therein meet the physical criteria for an unsafe structure pursuant to Section 8- 5 of the Miami -Dade County Code. The following violations have been found on the Property: 1. Incomplete buildings commenced without a permit or for which the permit has expired, or completed buildings commenced without a permit or for which the permit has expired, prior to completion and no Certificate of Occupancy has been issued, shall be presumed and deemed unsafe and a permit shall be obtained to demolish the structure or bring the building into compliance with the applicable codes. Section 8-5(3), Miami -Dade County Code. 2. There are vacant, unguarded and open doors or windows. Section 8-5(b)(1)(i), Miami -Dade County Code. 3. There is an accumulation of debris or other material therein representing a hazard of combustion. Section 8-5(b)(1)(ii), Miami - Dade County Code. 4. The building condition creates hazards with respect to means of egress and fire protection as provided herein for the particular Occupancy. Section 8-5(b)(1)(iii), Miami -Dade County Code. 5. There is falling away, hanging loose or loosening of any siding, block, brick, or other building material. Section 8-5(b)(2)(i), Miami -Dade County Code. 6. There is a deterioration of the structure or structural parts. Section 8- 5(b)(2)(ii), Miami -Dade County Code. 7. The building is partially destroyed. Section 8-5(b)(2)(iii), Miami -Dade County Code. 8. The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the Building Code. Section 8- 5(b)(2)(v), Miami -Dade County Code. 9. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. Section 8- 5(b)(2)(vi), Miami -Dade County Code. 10. By reasons of use or occupancy the area, height, type of construction, fire -resistivity, means of egress, electrical equipment, plumbing, air conditioning or other features regulated by this Code do not comply with this Code for the use and group occupancy. Section 8-5(b)(2)(vii), Miami -Dade County Code. 11. The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has been commenced or completed without a permit therefor having been obtained or where the permit has expired prior to completion and the issuance of a Certificate of Occupancy or Certificate of Completion. Section 8-5(b)(3)(i), Miami - Dade County Code. 12. The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has not been completed. Section 8- 5(b)(3)(ii), Miami -Dade County Code. 13. The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the Building Official, or for a period exceeding the maximum limitations set forth in this Section. Section 8-5(b)(3)(iii), Miami -Dade County Code. 14. By reason of illegal or improper use, occupancy or maintenance does not comply with the Building Code, or the code in effect at the time of construction. Section 8-5(b)(3)(iv), Miami -Dade County Code. 15. The building or part thereof meets the physical criteria of an unsafe structure pursuant to Section 8-5(b), Miami -Dade County Code, and has not been repaired and brought into compliance with the Building Code following the expiration of the reasonable periods allowed by the Building Official, an Unsafe Structures Appeal Panel or the Unsafe Structures Board for such repairs. Section 8-5(b)(3)(v), Miami -Dade County Code. NOTE:The specific details concerning the violations can be obtained in writing from the Building Official upon request. Remedial Action Required for Compliance All debris, materials, machinery and equipment representing a hazard of combustion must be removed within ten (10) days from the date of this Notice of Violation. A permit to demolish and bring the Property into compliance with the applicable codes shall be obtained within fifteen (15) days from the date of this Notice of Violation. Compliance with the Building Code must be achieved no later than thirty (30) days from the date of this Notice of Violation (subject to extension when requested in writing within the reasonable discretion of the Building Official). Failure to take the remedial action required and achieve compliance within the time periods stated herein will result in a case being scheduled for hearing before the Unsafe Structures Board to enforce compliance with the Building Official's order and this Notice of Violation. Building Official Authority The Building Official reserves the right to take emergency action pursuant to Section 8-5(f) of the Miami -Dade County Code. The Building Official may employ the necessary labor and materials to perform the required work, and in such event, costs incurred in the performance of such emergency work shall constitute a special assessment lien against the Property pursuant to Section 170.201, Florida Statutes, and is superior in dignity to all other liens except those for taxes, until paid. A special assessment lien shall be enforced by any method authorized by law including, but not limited to, Chapter 173, Florida Statutes. The Building Official further reserves the right and has the authority pursuant to [A] 115.1, Chapter 1, Florida Building Code 5th Edition, to issue a stop work order whenever the Building Official finds any work regulated by the Code being performed in a manner either contrary to the provisions of the Code or dangerous or unsafe. Right to Appeal An appeal of this Notice of Violation or order of the Building Official may be made, in writing, to the Unsafe Structures Board or Unsafe Structures Appeal Panel, as applicable, within thirty (30) days from the date this Notice Violation is posted on the Property and must state the reasons for such appeal. Unless the decision of the Building Official is appealed, the building or structure shall be demolished without further notice. This Notice of Violation is filed pursuant to Section 8-5 of the Miami -Dade County Code and, upon recording in the public records of Miami -Dade County, shall constitute constructive notice of the violation and accruing costs to all concerned, subsequent purchasers, transferees, mortgagees, lessees, grantees and all persons claiming or acquiring interest in the property. DATED this 08 day of ill Ctht'i`! 20 17: SEAL Suramy Cabrera, Building Official Village of Bal Harbour Telephone: 305-865-7525 Email: scabrera@balharbourfl.gov ze by TICE S Y THE BU arch SH T BE OCCURI taken the h tten not° s , unsafe. CATED= ..` r : ', VILLAGE OF DAL i1ARBOLR DEPARTMEN T OF lit . iI.Dl\(: N OT/ CF ()F ' VIM ATION'—C'\ti,\F"h: ti1'l<I'("Il 'ItF � Dinith.:: 411,, No r. BA L AAKB Ol'R QUARZ. 0. t.i. r 1349 Bne .1:el1 A vc .. S wte . It "r: Miami. 'lonaa 33131 2919 .1 R ay Drive D al Il..: ... 12-2226-0 0345a) " I CE'S HEREBY CAVES ' DIA mr,V . .:,c ^Pt opvly". Ile boar l oc ated therei n me et the P9» u':lcntcn . I, .. �,. %::arni. Dadc County Cafe. T(10 foll o'.ir .: ': .,-.. x .. I. ID mpi ncIl uilJiat: ommmez/,::i:.; C=nnil lu. cop;red, or a.n:plr cn perm:::: whidt he pcm a4 cApn c. '1,0,,'.. d c-rm caln. al r 001 'm eta t.0. :.ed :h ulld;n g v an _.:,plu;.c ... . c•.tic.:n n: �p 1'c :. Sfiami.D.ar C:;wn:y Cx- :9,1.91,: „t! a:: , 1': C.:J e. .lebna or ulner ..101 31 the ein . ..,m u, ... .r n. Scco orE.•;^;11Xu/..Vam.- r •: e.•, pnavio=J !:coin for the paiev Gr _.:m &JO,. ,Yio7 t;.mi .D:c1c County Cnrr. .. .:ngrns o.. loos e ur Iae101,1 of any armg. otlr . building nratci0L Section S-<yy_I(,). tv CN e This building or structure is, in the o pinion of the Building Official, unsafe. "THIS BUILDING SHALL BE VACATED — SHALL NOT BE OCCUPIED. Action shall be taken by the owner as prescribed by the written notice. "THIS NOTICE SHALL NOT BE REMOVED EXCEPT BY THE BUILDING OFFICIAL. Dated March 8, 2017. " .ttt t .1: • ./.1, .• . rM�Y -+1i5�vsxs� ��.�^„ , .., ,. ,. � �. '�- `�t�� n".�.�.,::� ,. '1�'�` 't,�:v� . ��' .��Y��'•• .._tea ya ,l ra a• . �.:. itl''mosi"_ ItAn t�.;ve.'n[ va.ai....rma:,..m.,.......,. 'IP it 7 r4 Fe rig, 5 mo m m 4 m cn m Q. BAL HARBOUR QUARZO, LLC LIST OF INTERESTED PARTIES TO BE SERVED 1. Maria Umana 10170 Collins Avenue, #1 Bal Harbour, Florida 33154 ( .2. Fabio Landazabal c/o Monica Espino, Esq. 2100 Coral Way, Suite 300 Miami, Florida 33145 A. Donald P. Hoekstra Aka: Don's Plumbing 526 N.E. 33 Street Oakland Park, Florida 33334 4. Sonia Aguia and Isaac Aguia 801 Brickell Key Blvd., Apt. 1811 Miami, Florida 33131 5. Freddy Sanabria and John Sanabria 23356 Mirabella Circle S Boca Raton, Florida 33433 v6. Joseph A. Spiriti Jr., Esq. c/o Caserta & Spiriti, Pllc. 7855 N.W. 12 Street, Suite 202 Doral, Florida 33126 1/7. MERCANTIL COMMERCEBANK, N.A. 220 Alhambra Circle, 9th Floor Coral Gables, Florida 33134 /8. Robert Jamerson, Esq. 2655 Le Jeune Road, Penthouse II Coral Gables, Florida 33134 9. Gerardo Ramos, Sr. Vice President Mercantil Commercebank, N.A. 220 Alhambra Circle, 9th Floor Coral Gables, Florida 33134 110. William F. Smith, Esq. Shutts & Bowen LLP 1500 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131 (11. John Lang Looby 220 Bal Bay Drive • Bal Harbour, Florida 33154 �1. Richard H. Olsen, Esq. 10261 E. Bay Harbor Drive, 11th Floor Bay Harbour Islands, Florida 33154 w13. Miami -Dade County Finance Dept. 140 West Flagler Street, Suite 1107 Miami, Florida 33130 . Michael B. Stevens, Esq. Derrevere Hawkes Black & Cozad 2005 Vista Pkwy, Suite 210 West Palm Beach, Florida 33411 /5. Fabio Posada Velazquez c/o John H. Schulte, Esq. 4000 Ponce de Leon Blvd., Suite 470 Coral Gables, Florida 33146 /C). "Iv fd r G i �.4 m co r 3 o d ff 291 Bal Bay Drive Case Number 2016-001 Square Fo otage: Cost per square foot: $ Construction cost of improvements: $ 70499.00 300 .00 21,149, 700 .00 Component Percent of total constructi on cost of impr ovements Percent Deterioration Cost of Completion/Alteration/Repair Other Building 55% 80% $ 9,305,868 .00 Roo fing 5% 10% $ 105,748.50 Mechanical 10% 50% $ 1,057,485 .00 Electrical 10% 50% $ 1,057,485 .00 Plumbing 10% 50% $ 1,057,485.00 Structural 10% 30% $ 634,491.00 Totals $ Percen tage 13,218, 562.50 63% ¢t•S iALi4 a a,aaasy BAL HARBOUR VILLAGE DEPARTMENT OF BUILDING or Prot til. .hied N provide„ d attach ;age to 'eatee v ied Matt t he addr. mailpiect ;e presen the Ced and matt. Icing an i two Yeats t.Gtass Mast° ,tetna—t1al (f p wtth Geri ted Matt. to je tettmptete an d appllc-(ol(8% akte- ettGert e {estosi .„,3 tk to otet- t is desitedat Vat on 1pabal W�h postage lteseVtl Aenttt't BAL HARBOUR VILLAGE, Petitioner, vs. BAL HARBOUR QUARZO,LLC, Respondent. Building Case No. 2016-001 FIRST NOTICE Re: 291 Bal Bay Drive, Bal Harbour Legal Description: BAL HARBOUR RESUB PB 53-15 LOT 1 BLK 8-A AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 68114 SQUARE FEET COC 26140-429210 2007 6. Dear Owner(s): The above -referenced property has been determined to be unsafe by the Building Official based on an inspection pursuant to Section 8-5 of the Code of Miami -Dade County and the criteria set forth therein. The violations found are as follows: (i) There is a falling away, hanging loose or loosening of building material. (ii) There is a deterioration of the structure or structural parts such as railings and safety barriers. (iii) The building is partially destroyed. (iv) The electrical and mechanical installations or systems create a hazardous condition contrary to the standards of the Building Code. (v) An unsanitary condition exists by reason of inadequate sanitary facilities or waste disposal systems. (vi) The partial construction or installation of electrical, plumbing and other equipment hasbeen commenced where the permit has expired prior to completion and the issuance of a Certificate of Occupancy or Certificate of Completion. (vii) The partial construction or installation of electrical, plumbing and other equipment has not been completed. (viii) The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the Building Official. Incomplete buildings for which the permit has expired prior to completion and no Certificate of Occupancy has been issued, shall be presumed and deemed unsafe and a permit shall be obtained to demolish the structure or bring the building into compliance with the applicable codes. Please contact the Department of Building, by phone (305-865-7525) or email (scabrera@balharbourfl.gov) and advise of your intentions towards correcting the violations. If a demolition permit is not obtained or we do not hear from you by 3 p.m. on August 1, 2016, such building or structure shall be demolished and removed from the premises in accordance with the Miami -Dade County Code. Very truly yours, Suramy Cabrera, P.E. Building Official BAL HARBOUR - VILLAGE - VILLAGE OF BAL HARBOUR DEPARTMENT OF BUILDING Building Case No. 2016-001 FINAL NOTICE BAL HARBOUR QUARZO, LLC Property Address: 291 Bal Bay Drive, Bal Harbour Folio: 12-2226-003-0010 Legal Description: BAL HARBOUR RESUB PB 53-15 LOT 1 BLK 8-A AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 68114 SQUARE FEET COC 26140-4292 10 2007 6. Dear Owner(s): A recent re -inspection of the above -referenced property has shown that the structure has not been repaired or demolished as directed. The structure is unsafe according to the criteria established by Section 8-5 of the Miami -Dade County Code and following defects have been found to exist: Physical criteria. (1) There is a falling away, hanging loose or loosening of building material. (ii) There is a deterioration of the structure or structural parts such as railings and safety barriers. (iii) The building is partially destroyed. (iv) The electrical and mechanical installations or systems create a hazardous condition contrary to the standards of the Building Code. (v) An unsanitary condition exists by reason of inadequate sanitary facilities or waste disposal systems. (vi) The partial construction or installation of electrical, plumbing and other equipment has been commenced where the permit has expired prior to completion and the issuance of a Certificate of Occupancy or Certificate of Completion. The partial construction or installation of electrical, plumbing and other equipment has not been completed. The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the Building Official. NOTE: Incomplete buildings for which the permit has expired prior to completion and no Certificate of Occupancy has been issued, shall be presumed and deemed unsafe and a permit shall be obtained to demolish the structure or bring the building into compliance with the applicable codes. You are requested to demolish the structure by October 17, 2016. If you fail to do so, or if we do not hear from you by such date, the Building Department will pursue any and all remedies to gain compliance with the Florida Building Code. A Notice of Violation shall be recorded in the public records of Miami -Dade County for current and accruing costs of enforcement. If you have any questions, please call 305-865-7525. Very truly yours, } Suramy Cabrera, Building Official Village of Bal Harbour Telephone: 305-865-7525 Email: scabrera@balharbourfl.gov