HomeMy WebLinkAboutR-22-0298°xCity of Miami
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Resolution R-22-0298
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Legislation
File Number: 12125
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 MAY 23, 2016 FOR CASE NUMBER
CE2016001775 AND THE CODE ENFORCEMENT LIEN RECORDED
NOVEMBER 29, 2012 FOR CASE NUMBER CE2012008368 ON PROPERTY
ADDRESS 903 NORTHWEST 69 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, David L. Garrett ("Owner') owns the property located approximately at 903
Northwest 69 Street, Miami, Florida ("Property"); and
WHEREAS, on May 11, 2016, the Code Enforcement Board ("CEB"), at a duly noticed
hearing, heard the violations as it related to Case No. CE2016001775 and found 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 May 23, 2016, with the Miami -Dade Clerk
of Court at Book 30085 and Page 2956; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until August 11, 2021; and
WHEREAS, there is a resulting lien on the property in the amount of $479,250.00; and
WHEREAS, on October 9, 2012, the Code Enforcement Board ("CEB"), at a duly noticed
hearing, heard the violations as it related to Case No. CE2012008368 and found 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 November 29, 2012, with the Miami -Dade Clerk of
Court at Book 28376 and Page 4884; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until April 5, 2021; and
City of Miami Page 1 of 3 File ID: 12125 (Revision: A) Printed On: 811712022
File ID: 12125 Enactment Number: R-22-0298
WHEREAS, there is a resulting lien on the property in the amount of $774,750.00; and
WHEREAS, the matter is currently in litigation in the matter titled City of Miami vs. Estate
of Ruby Lee Gibson, Case No. 2020-014499-CA-01 (09) pending before the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida; and
WHEREAS, the Property Owner have 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 based upon 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 of Miami Code Enforcement Board dated May
11, 2016, issued under Case No. CE2016001775, and recorded on August 23, 2016, in OR
Book 30085, Page 2956, Public Records of Miami -Dade County shall be mitigated in the amount
of $25,000.00.
Section 3. 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 of Miami Code Enforcement Board dated
October 9, 2012, issued under Case No. CE2012008368, and recorded on November 29, 2012,
in OR Book 28376, Page 4884, Public Records of Miami -Dade County shall be mitigated
mitigated in the amount of $25,000.00.
Section 4. 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 5. 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 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
' 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.
2 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.
City of Miami Page 2 of 3 File ID: 12125 (Revision: A) Printed on: 811712022
File ID: 12125
Enactment Number: R-22-0298
APPROVED AS TO FORM AND CORRECTNESS:
1
Vft6ria-Vrdel, City Attor iey 8/10/2022
City of Miami Page 3 of 3 File ID: 12125 (Revision: A) Printed on: 811712022