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Home My Public Portal About09-7938 Relocation of Tenants of 1900 Ali-baba Avenue Sponsored by: City Manager RESOLUTION NO. 09-7938 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER IN RELOCATING TENANTS FROM 1900 ALI-BABA AVENUE IN ACCORDANCE WITH SECTION 7-73 OF THE OPA-LOCKA CODE OF ORDINANCES; FURTHER AUTHORIZING THE CITY MANAGER TO EXPEND UP TO TWENTY SEVEN THOUSAND DOLLARS($27,000.00)TO SETTLE PAYMENTS ASSOCIATED WITH THE RELOCATION,PAYABLE FROM ACCOUNT NO. 25-525390 WHEREAS, on October 2, 2009, the City Manager of the City of Opa-locka(`City")took action to relocate families affected by unsafe conditions and health hazards at the address 1900 Ali- Baba Avenue within the City; and WHEREAS,Section 7-73 of the City of Opa-locka(`City")Code of Ordinances provides,in part, "in cases where it reasonably appears that there is immediate danger to the life or safety of any person, unless a dangerous building as defined herein is immediately repaired, vacated or demolished,the director shall report such facts to the board and the board shall cause the immediate repair, vacation or demolition of such dangerous building"; and WHEREAS,Section 7-73 further provides that the costs of such"emergency repair,vacation or demolition"associated with a dangerous building shall be collected in the manner as provided by the relevant article"; and WHEREAS,the action taken by the City Manager in relocating families from 1900 Ali-Baba Avenue was precipitated by spillage of sewage from the underground sanitary pipes, loose electric wires hanging at the rear of the building and Florida Power and Light ("FPL") cutting electrical power to the building; and Resolution No. 09-7938 WHEREAS, the City Manager is requesting that the City Commission of the City of Opa- locka ("City Commission") ratify the City Manager's action in relocating tenants from 1900 Ali- Baba Avenue in accordance with Section 7-73 of the Opa-locka Code of Ordinances; and WHEREAS, the City Manager is requesting authorization from the City Commission to expend funds in an amount not to exceed Twenty Seven Thousand Dollars($27,000.00)for expenses related to the relocation of tenants from 1900 Ali-Baba Avenue; and WHEREAS,in accordance with Section 7-73 of the Opa-locka Code of Ordinances,the City will place a lien on the property located at 1900 Ali-Baba to recover any cost associated with the relocation; and WHEREAS,the City Commission desires to ratify the action taken by the City Manager and authorize the expenditure of funds for expenses related to the relocation of tenants from 1900 Ali- Baba Avenue. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby ratifies the action taken by the City Manager in relocating tenants from 1900 Ali-Baba Avenue in accordance with Section 7- 73 of the Opa-locka Code of Ordinances. Section 3. The City Commission hereby authorizes the City Manager to expend funds in an amount not to exceed Twenty Seven Thousand Dollars ($27,000.00) for expenses related to the relocation of tenants from 1900 Ali-Baba Avenue, payable from Account No. 25-525390. Resolution No. 0 9—7 9 3 8 Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14 day of OCTOBER , 2009. AILVali& JOB . EL EY MAYISR Attest: Approved as to form and legal suffic ency: ,ftr Debora S. Irby Burnadette N"rri '�Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES THE GREAT CITY " Community Development&Planning LOcKQ Octavien Spanner,Director 780 Fisherman Street c �o t(/! Q!I Opa-locks,Fit 33054 ��of Ph: 305-953-2868 • g d Fx: 305-953-3060 f1■��'1• ri.1-.13 • 'Qe o woE` MEMORANDUM TO: Octavien Spanner, Director DATE: October 2, 2009 Planning & Community Development FROM Gerald Lee, City Planner SUBJECT: Relocation Events Planning & Community Development Order of events for the relocation of tenants — 1900 All baba Avenue October 2,2009—October 5,2009 9 Tenant Families were transported to the Hotel — City Inn at 7900 NW 7th Avenue, Miami, Florida. The nine families remained at the Hotel at the City of Opa-locka's expense, specifically, $65.00/ night / family from Friday to Monday. $1,755.00 October 5, 2009 The families were returned to Opa-locka on Monday morning, at that time it was determined that the planned apartment space was not ready for them and the families were taken back to City Inn. $65.00 for eight families. $520.00 October 6,2009 The families were returned to Opa-locka and they are being processed for the new apartments in Opa-locka. Total Expense: $2,275.00 OP LOCk\ O �p Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Do i t' ohnson Commissioner 'v, e Tydus FROM: Bryan K. Finnie,Interi ' na y to i �, anager DATE: October 14,2009 RE: Resolution tion of tenants 1900 Ali-Baba Avenue Request: Resolution •f the City Commission of the City of Opa-locka, Florida approving the cost associated with the relocation of the tenants living at 1900 Ali Baba Avenue in conformance with Section 7-73 of the City Code of Ordinances, furthermore authorizing the City Manager to settle all payments affiliated with the relocation in an amount not to exceed$27,000. Description: This request is made in consideration of the emergency action taken by the City Manager to relocate families affected by the unsafe conditions and health hazards at 1900 Ali- Baba Avenue. The City's actions in this matter are justified under the provisions of Sec. 7-73 (Emergency cases) which states that: In cases where it reasonable appears that there is immediate danger to the life or safety of any person, unless a dangerous building as defined herein is immediately repaired, vacated or demolished, the director shall report such facts to the board and the board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in this article.(Code 1955, § 8-34). Nevertheless, the City Manager's action was directly linked to Florida Power and Light cutting service to the property that led to the unsafe condition. Financial impact: There is a $27,000 cost associated with the relocation of the affected families. However, a lien will be placed on the property located at 1900 Ali-Baba to recover any cost associated with the relocation. Timeline: Immediately upon adoption of the resolution Legislative history: None Recommendation: Staff is recommending the approval and adoption of the resolution. Analysis: An inspection of the above referenced apartment building was recently conducted and the following deficiencies were observed: - No power due o Florida Power and light cutting electrical power to the location; - Spillage of sewage from the underground sanitary pipes. This is an unsafe health condition for the residents of the building; - The electrical meter room is energized without the electrical inspection. The electric meters are missing, thus the use if power is illegal. Loose electric wires are hanging at rear exterior wall of the building. Based on the aforementioned findings the City deemed it necessary to impose the necessary sanctions per Chapter 7, Section 7-73 of the City Code of Ordinances. Attachments: Letter: Notice of Violation 1900 Ali-Baba to NR Apartments, Inc. Prepared by: Octavien A. Spanner o'• Ck , F CI 1.4�{0. �L�r•. 9a BUILDING AND LICENSING DEPARTMENT JOSEPH L.KELLEY,MAYOR 780 FISHERMAN STREET,4TH FLOOR MYRA"LADY"TAYLOR,V.MAYOR OPA-LOCKA,FL 33054 TIMOTHY HOLMES,COMMR. TEL:305-953-2868,Ext.1603 ROSE TYDUS,COMMR. FAX:305-953-2897 DOROTHY"DOTTIE"JOHNSON,COMMR. DEBORAH S.IRBY,CITY CLERK BURNADETTE NORRIS-WEEKS,CITY ATTORNEY BRYAN K.FINNIE,INTERIM CITY MANAGER October 1, 2009 NR Apartments, Inc. 7434 Gary Avenue Miami Beach, Florida 33141 Re: 1900 Ali Baba Avenue Opa-locka, Florida 33054 Folio: 08-2122-003-2291 NOTICE OF VIOLATION An inspection of the above referenced apartment building was recently conducted and the following deficiencies were observed: • Spillage of sewage from the underground sanitary pipes. This is an unsafe health condition for the residents of the building. • The electrical meter room is energized without the electrical inspection. The electric meters are missing, thus the use if power is illegal. Loose electric wires are hanging at rear exterior wall of the building. By this letter you are notified to vacate the building. This building shall not be occupied until repairs are performed and inspected by the City of Opa-locka building department. If you need additional information, please contact this office at 305-953-2868, option 6. Please govern yourself accordingly. Since- , AllkA sin .angel bia Building Official City of Opa-locka cc: Ms. Darlene Ballou/Ocean Bank EDA/mch CERTIFIED MAIL: 7007 0220 0001 1529 8938 ARTIOLE V. DANGEROUS '-"' SUBSTANDARD STRUCTURES* Page 6 of 6 necessary repairs, vacate or demolish the building or structure. (f) Report to the city attorney the names of all persons not complying with the order provided for in subsection (d), hereof. (Code 1955, § 8-30) Sec. 7-72. Duties of city attorney. The city attorney shall: (a) Prosecute all persons failing to comply with the terms of the notices provided for herein in section 7-69 and the order provided for in section 7-71, subsection (d). (b) Appear at all hearings before the building board of appeals in regard to dangerous buildings. (c) Bring suit to collect costs incurred by the board in repairing or causing to be vacated or demolished such dangerous buildings. (d) Take such other legal action as is necessary to carry out the terms and provisions of this article. (Code 1955, § 8-31) Sec. 7-73. Emergency cases. In cases where it reasonable appears that there is immediate danger to the life or safety of any person, unless a dangerous building as defined herein is immediately repaired, vacated or demolished, the director shall report such facts to the board and the board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in this article. (Code 1955, § 8-34) Sec. 7-74. Service of notices to persons outside city. In cases except emergency cases where the owner, occupant, lessee or mortgagee, or other interested party is absent from the city, all notices or orders provided for herein shall be sent via registered mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building, as described by the land records, to the last known address of each and a copy of such notices shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service. (Code 1955, § 8-35) http://library8.municode.com/default-test/DocView/11375/1/51/56 10/6/2009