HomeMy WebLinkAboutR-21-0079City of Miami
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Resolution: R-21-0079
File Number: 8685
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/25/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE
COUNTY MAYOR DANIELLA LEVINE CAVA ("MAYOR LEVINE CAVA") TO
REQUIRE THAT THE MIAMI-DADE POLICE DEPARTMENT NOT EXECUTE
EVICTION/FORECLOSURE ORDERS, INCLUDING BUT NOT LIMITED TO
WRITS OF POSSESSION, DURING THIS HISTORIC PANDEMIC UNTIL
QUESTIONS OF FRAUDULENT FORECLOSURES HAVE BEEN
INVESTIGATED AND ADJUDICATED WITH ALL DUE PROCESS REQUIRED
BY THE UNITED STATES CONSTITUTION AND THE FLORIDA
CONSTITUTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE OFFICIALS STATED HEREIN.
SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Manolo Reyes
WHEREAS, all City of Miami ("City") residents should be afforded the rights that are
legally available to them before their homes are taken from them through fraudulent
foreclosures; and
WHEREAS, the Fifth Amendment to the United States Constitution and Article 1, Section
9 of the Florida Constitution provide "No person shall be deprived of their life, liberty, or property
without due process of law"; and
WHEREAS, a fraudulent foreclosure is not due process; and
WHEREAS, the City Commission urges Miami -Dade County Mayor Daniella Levine
Cava and Miami -Dade County Police Department Director Alfredo Ramirez III (collectively,
"County") to require that the Miami -Dade County Police Department ("MDPD") not execute
eviction/foreclosure orders, including but not limited to writs of possession, until questions of
fraudulent foreclosures have been investigated and adjudicated with all due process required by
the United States and Florida Constitutions; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an
emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in this Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission urges the County to require that the MDPD not execute
eviction/foreclosure orders, including but not limited to writs of possession, during this historic
pandemic until questions of fraudulent foreclosures have been investigated and adjudicated with
all due process required by the United States and Florida Constitutions.
City of Miami Page 1 of 2 File ID: 8685 (Revision:) Printed On: 41212021
File ID: 8685
Enactment Number: R-21-0079
Section 3. The City Clerk is directed to transmit a certified copy of this Resolution to the
County.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami Page 2 of 2 File ID: 8685 (Revision:) Printed on: 41212021