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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney ,j a DATE: July 28, 2022 RE: Proposed Settlement for City Commission Meeting — July 14, 2022 Case No.: CE2019016158 pending before the City of Miami Code Enforcement Board/Special Master as well as City of Miami vs. The Alternative Programs, Inc., Case No.: 2017-012398-CA-01 (32) pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. File No.: 12067 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case No. CE2019016158 as requested by the owner, The Alternative Programs, Inc., of the property located at 151 Northwest 60 Street, Miami, Florida. Said mitigation serves to conclude the ongoing litigation titled City of Miami vs. The Alternative Programs, Inc., Case No. 2017-012398-CA-01 (32) pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The Office of the City Attorney has investigated and evaluated this mater and has approved the recommendation of this request. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator Attachment(s) 12067 Back -Up Documents -� City of Miami Legislation N, Resolution Enactment Number: R-22-0297 File Number: 12067 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:7/28/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN RECORDED FEBRUARY 20, 2020 FOR CASE NUMBER CE2019016158 ON PROPERTY ADDRESS 151 NORTHWEST 60 STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. WHEREAS, The Alternative Programs Inc. ("Owner') owns the property located approximately at 151 Northwest 60 Street, Miami, Florida ("Property"); and WHEREAS, on February 12, 2020, the Code Enforcement Board ("CEB"), at a duly noticed hearing, heard the violations as it related to Case No. CE2019016158 and found the Property guilty of the violations as stated on the record at the CEB meeting; and WHEREAS, the Property Owner at the time failed to appear for the hearing and the CEB provided twenty-four (24) hours for compliance or a $250.00 per diem fine would issue; and WHEREAS, the lien was recorded on February 21, 2020, with the Miami -Dade Clerk of Court at Book 31824 and Page 4110; and WHEREAS, the Property remained non -compliant after the expiration of the allowable cure period and was non -compliant until May 27, 2022; and WHEREAS, there is a resulting lien on the property in the amount of $208,500.00; and WHEREAS, the matter is currently in litigation in the matter titled City of Miami ("City") vs. The Alternative Programs, Inc., Case Number 2017-012398-CA-01 (32) pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida; and WHEREAS, the Property Owner has requested the matter be set for mitigation before the City Commission as required by Section 2-817 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Office of the City Attorney has investigated and evaluated this matter and recommends that said matter be heard before this Commission due to the foregoing; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission, after having heard argument of the Property Owner and the City, and being otherwise being fully advised in the premises, it is hereby ordered that the lien recorded as part of a Final Order of the City's CEB dated February 20, 2020, issued under Case No. CE2019016158, and recorded on February 21, 2020, in OR Book 31824, Page 4110, Public Records of Miami -Dade County shall be mitigated in the amount of $10,000.00. Section 3. Any ruling of the City Commission on mitigation may be appealed pursuant to the requirements set forth in Chapter 2, Article X of the City Code. Section 4. The City Manager or designee is further authorized' to execute any and all documents necessary, in forms acceptable to the City Attorney, for the purposes stated herein. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i ' ndez, City Attor iey 8/1012022 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. Z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.