HomeMy WebLinkAboutR-22-0359City of Miami
op
Resolution R-22-0359
alldl 11 li.Rl I +
Legislation
File Number: 12330
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/22/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED JULY 15, 2015 FOR CASE NUMBER
CE2015003889 FOR PROPERTY ADDRESS 1030 NORTHWEST 45 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, Richard V. Anderson, ("Owner') owns the property located approximately at
1030 Northwest 45 Street, Miami, Florida 33127 ("Property"); and
WHEREAS, on June 30, 2015, the Code Enforcement Board ("CEB"), at a duly noticed
hearing, heard the violations as it related to Case No. CE2015003889 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 $500.00 per diem fine would issue; and
WHEREAS, the lien was recorded on July 15, 2015, with the Miami -Dade Clerk of Court
at Book 29698 and Page 2042; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until August 31, 2020.
WHEREAS, there is a resulting lien on the property in the amount of $944,000.00;
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami
Dade County, Case Number 2022-005821-CA-01;
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 based upon the foregoing;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 12330 (Revision: A) Printed On: 101512022
File ID: 12330 Enactment Number: R-22-0359
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 hearing the argument of the Property Owner and
the advice and argument from the Code Compliance Department and any other relevant City
Department, the City Commission orders a mitigation in the amount of $10,000.00 as full and
final settlement of the Code Compliance violation issued under Case No. CE2015003889 from
the lien recorded on July 15, 2015, with the Miami -Dade Clerk of Court at Book 29698 and Page
2042.
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, Cify Httor iey 101312022
' 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 2 File ID: 12330 (Revision: A) Printed on: 101512022