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 Nos. CE2016001775 and CE2012008368 pending before the City of
Miami Code Enforcement Board/Special Master as well as the 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.
File No.: 12125
The attached proposed Resolution seeks authorization to mitigate City of Miami's
Code Enforcement Board/Special Magistrate Case Nos. CE CE2016001775 and
CE2012008368 as requested by the owner, David L. Garrett, of the property located at
903 Northwest 69 Street, Miami, Florida. Said mitigation serves to conclude the ongoing
litigation 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.
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
1VALTAVAWWZ
Attachment(s)
12125 Back -Up Documents
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City of Miami
City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
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Resolution
www.miamigov.com
Enactment Number: R-22-0298
File Number: 12125
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
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.
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.
APPROVED AS TO FORM AND CORRECTNESS:
Vf t6ria-Vrd6z, City Attor iey 8/10/2022