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Home My Public Portal About11-8203 Initiate Foreclosure Proceedings Sponsored by: City Manager Resolution No. 11-8203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY ATTORNEY TO INITIATE FORECLOSURE PROCEEDINGS ON ANY AND ALL PROPERTIES AS RECOMMENDED BY THE CITY MANAGER AND COMMUNITY DEVELOPMENT DEPARTMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statute Section 162.09 authorizes the City to take necessary steps to foreclose on certain properties that have code enforcement liens; and WHEREAS,the Special Magistrate may authorize the City Attorney to foreclose on liens; and WHEREAS,the foreclosure would apply to properties citywide,with a particular emphasis on the Magnolia and Magnolia Garden area; and WHEREAS,,Opa-locka CDC is investing 2.6 million,Habitat for Humanity 2.5 million in new single-family home construction, Miami- Dade County has donated property in excess of $500,000.00,and the City of Opa-locka has contributed property and staff to redevelop the Magnolia North and Magnolia Gardens area; and WHEREAS, as of August 2010, Code Enforcement liens totaling more than $432,270 remain uncollected; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to recommend properties with outstanding liens to the City Attorney for foreclosure. 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 authorizes and directs the City Manager to recommend those properties with outstanding liens to the City Attorney to initiate foreclosure procedure. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13`h day of April, 2011. YRA TTYLOR MAYOR ttest • (lank De• h S. Irby City Clerk Approved as to form and legal sufficiency: 111 AO! A Jos:.h . G: ler Ci , Attorn: Moved by: VICE MAYOR JOHNSO Seconded by: COMMISSIONER HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Miller: NOT PRESENT Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 5216632 v1 % ut 2 A' Opp O R AT E'Q" MEMORANDUM TO: Myra L. Taylor, Mayor Dorothy Johnson, Vice Mayor Timothy Holmes, Commissioner Rose Tydus, Co missioner it Miller, Co is FROM: larance Patterson, City Manager DATE: April 4, 2011 RE: Recommended Property Foreclosure Proceedings Request: A RESOLUTION OF THE CITY COMMISSION OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY ATTORNEY TO INTIATE FORECLOSURE PROCEEDINGS ON ANY AND ALL PROPERTIES AS RECOMMENDED BY THE CITY MANAGER AND COMMUNITY DEVELOPMENT DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. Description: The city of Opa-locka has placed liens on properties throughout the city as a result of a property owner not complying with city property maintenance regulations or other infractions of duly enacted city ordinances. The City Manager's Office and Community Development Department have been working with the Opa-locka CDC pursuant to City Resolution No. 11-8184 under a partnership agreement. During these weekly meetings, it was expressed that the city should foreclose on properties that have code enforcement and other liens as a way of forcing the property owner to rectify the code violations by improving the property to current city regulations and codes. While this applies to any property citywide, the emphasis would be given to the Magnolia and Magnolia Gardens area. As you know, the Opa-locka, CDC has already begun to invest approximately $2.6 million in the above two subdivisions: 1 Habitat for Humanity, $2.5 million in new single-family home construction, Miami-Dade County, property donations in excess of half a million dollars and "The Great City" of Opa-locka has contributed property and staff resources in this effort to redevelop Magnolia North and Magnolia Gardens for the betterment of our residents and all in the good name of revitalization. Florida Statute Section 162.09 authorizes the city to take necessary steps to foreclose on most properties that have code enforcement liens on real or personal property. It states that three (3) months from the filing of any such lien which remains unpaid, the Code Enforcement Board, in this case the Special Magistrate, may authorize the city attorney to foreclose on the lien or to take legal action to recover a money judgment for the amount of the lien plus accrued interest. The only exemption that staff could identify is that homestead property liens cannot be foreclosed upon per S. 4, Article X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution. Financial Impact: As of August 2010, Code Enforcement liens total more than $432,270 and have remained uncollected. The only financial impact would be for legal costs incurred as a result of filing the foreclosure action. Implementation Time Line: Immediately Legislative History: None. Recommendation(s): Staff recommends approval. A ttachments(s): 1) Resolution No. 11-8184 2) Foreclosure Recommendation List Prepared By: Howard W. Brown, Jr., Community Development Director End of Memorandum 2 r List of Foreclosure Recommendations—City of Opa-locka Physical Address Folio Number Property Owner Subdivision Priority 13262 Aswan Road 08-2128-004-0321 Joseph Jephte&Catrell Henry Nile Gardens Medium 13380 NW 28 Avenue 08-2128-004-0090 Michael Egbebike Nile Gardens Low 1700 Service Road 08-2122-005-2170 Casa Del Mar Inc.c/o John Dohm Magnolia Gardens High 1780 Washington Avenue 08-2122-003-1840 ' Maricela Diaz Mafia High 1790 Washington Avenue 08-2122-003-1830 Gospel Temple of Deliverance Magnolia High 1820 All Baba Avenue 08-2122-003-2370 Olive H.Jones Magnolia Medium 1950 Washington Avenue 08-2122-003-1550 Latoya Reid Mar 011a'. High 2016 Washington Avenue 08-2122-003-1380 Wiley C.Adams Magnolia High 2175 Ali Baba Avenue 08-2122-003-1240 Home of the Nazarene Inc Magnolia Low 2450 NW 151 Street 08-2122-025-0090 Elias Valencia Opa-locka Industrial High Park List of Dilapidated Properties in Need of Demolition —City of Opa-locka Physical Address Folio Number Property Owner Subdivision Priority 141 Sharazad Blvd 08-2121-004-1690 PO Folk Invest&Dev.inc. ' Opa-locka Rev.Plat 2 High 14911-17 Duval Street 08-2122-003-0790 Habitat for Humanity Magnolia Low 1790 Washington Avenue 08-2122-003-1830 Gospel Temple of Deliverance Magnolia High 1901-27 Washington Ave 08-2122-003-0940 Habitat for Humanity Magnolia Low 2016 Washington Avenue 08-2122-003-1380 Wiley C.Adams Magnolia High 2016 Washington Ave 08-2122-003-1380 Wiley C.Adams Magnolia High 2041 Lincoln Avenue 08-2122-003-0300 Habitat for Humanity Magnolia Low 2041 Lincoln Avenue 08-2122-003-0290 Habitat for Humanity Magnolia Low 2057 Washington Ave 08-2122-003-0780 Jose Gonzalez Magnolia High 2057 Washington Avenue 08-2122-003-0780 Jose Gonzalez Magnolia High 2071 Lincoln Avenue 08-2122-003-0340 Habitat for Humanity Magnolia Low 2081 Lincoln Avenue Also 15027-33 Duval St 08-2122-003-0350 Habitat for Humanity Magnolia Low 2113 Washington Ave 08-2122-003-0460 Habitat for Humanity Magnolia Low 2125 Washington Ave 08-2122-003-0480 Habitat for Humanity Magnolia Low 2126-28 Lincoln Avenue 08-2122-003-0420 Habitat for Humanity Magnolia Low 2136 Lincoln Avenue 08-2122-003-0430 Habitat for Humanity Magnolia Low 2141-2151 All Baba Ave?? 08-2122-003-1200 Rina Yerush High 2145 Lincoln Avenue 08-2122-003-0130 Magnolia North 2145 Apts LLC Magnolia High OLCDC Priority List Prepared by:Howard W. Brown,Jr., Community Development Director April 11, 2011 Sponsored by: City Manager Resolution No. 11-8184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO WORK IN PARTNERSHIP WITH THE OPA- LOCKA COMMUNITY DEVELOPMENT CORPORATION (CDC) AND PLEDGE CITY SUPPORT FOR THE REDEVELOPMENT OF MAGNOLIA NORTH AND OTHER AREAS OF REDEVELOPMENT CITYWIDE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a charette of the Magnolia North area has been conducted by the City of Opa-locka Community Development Corporation (CDC); and WHEREAS, City of Opa-locka, the CDC and Habitat for Humanity have worked collaboratively to undertake major efforts for the redevelopment of Magnolia North and Magnolia Gardens subdivision; and WHEREAS, the City Commission of the City of Opa-locka is committed to participate in additional recommended plans for land use and zoning changes in support of redevelopment; and WHEREAS, the City of Opa-locka authorizes the City Manager to work in partnership with the City of Opa-locka Community Development Corporation for the redevelopment of Magnolia North and other areas of redevelopment Citywide. 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. Resolution No. 11-8184 Section 2. The City Commission the City of Opa-locka authorizes the City Manager to work in partnership with the City of Opa-locka Community Development Corporation for the redevelopment of Magnolia North and other areas of redevelopment Citywide. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of February, 2011. TAYtOR MAYOR Attest to: Deborah S. Irbik City Clerk Approved as to form and legal sufficiency: JosepAp el, City/Attorne Moved by: Vice Mayor Johnson Seconded by: Commissioner Miller Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Johnson: YES Mayor Taylor: YES