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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 DATE: September 22, 2022 RE: Proposed Mitigation for City Commission Meeting — September 22, 2022 Case No.: CE2015013517 pending before the City of Miami Code Enforcement Board/Special Master as well as City of Miami vs. Demale, LLC, Case No.: 2022-005775-CA-01 (11) pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. File No.: 12377 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case No. CE2015013517 as requested by the owner, Demale, LLC, of the property located at 3639 North West 15 Avenue, Miami, Florida 33142. Said mitigation serves to conclude the ongoing litigation titled City of Miami vs. Demale, LLC, Case No. 2022-005775-CA-01 (11) 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) 12377 Back -Up Documents y t aop { City of Miami Yi Legislation Resolution Enactment Number: R-22-0360 File Number: 12377 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 5, 2016 FOR CASE NUMBER CE2015013517 FOR PROPERTY ADDRESS 3639 NORTHWEST 15TH AVENUE, 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, Demale, LLC, ("Owner') owns the property located approximately at 3639 Northwest 15th Avenue, Miami, Florida 33142 ("Property"); and WHEREAS, on October 13, 2015, the Code Enforcement Board ("CEB"), at a duly noticed hearing, heard the violations as it related to Case No. CE2015013517 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 July 5, 2016, with the Miami -Dade Clerk of Court at Book 30138 and Page 1658; and WHEREAS, the Property remained non -compliant after the expiration of the allowable cure period and was non -compliant until June 23, 2016; and WHEREAS, there is a resulting lien on the property in the amount of $63,250.00; and WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami Dade County, Case Number 2022-005775-CA-01; 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 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 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 $5,000.00 as full and final settlement of the Code Compliance violation issued under Case No. CE2015013517 from the lien recorded on July 5, 2016, with the Miami -Dade Clerk of Court at Book 30138 and Page 1658. 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: ' 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.