HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8685
Date: 02/25/2021 Requesting Department: City Commission
Commission Meeting Date: 02/25/2021 Sponsored By: Alex Diaz de la Portilla,
Manolo Reyes
District Impacted:
Type:
Subject:
Resolution
Moratorium on Eviction
Budget Impact Analysis
Total Fiscal Impact:
Reviewed By
City Commission
Nicole Ewan
Meeting
Completed
02/25/2021 9:00 AM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
03/09/2021 9:46 AM
Office of the City Attorney
Richard Appleton
ACA Review
Completed
03/19/2021 10:44 AM
Office of Management and Budget
Leon P Michel
Budget Review
Completed
03/22/2021 9:59 PM
Office of the City Attorney
Barnaby L. Min
Deputy Attorney Review
Completed
03/23/2021 11:25 AM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
03/25/2021 9:44 AM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
03/25/2021 9:46 AM
GSY v
City of Miami
City Hall
LeLegislation
3500 Pan American Drive
g Miami, FL 33133
R Resolution www.miamigov.com
Enactment Number: R-21-0079
File Number: 8685 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.
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.
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:
1
i , na4indez, C i y Attor i ey 3/2512021
NOTE #1: Pursuant to the resolution, this item became effective immediately upon adoption by the
Commission. NOTE #2: Per Directive, City Clerk's Office transmitted on 3/25/2021.