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: October 27, 2022
RE: Proposed Settlement for City Commission Meeting — October 13, 2022
Case No.: CE2014002121 a City of Miami Code Enforcement Board case
for which litigation is pending before the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Pulperiamia et al. v City of Miami
Case No.: 2022-15022-CA-01
File No.: 12509
The attached proposed Resolution seeks authorization to mitigate City of Miami's
Code Enforcement Board/Special Magistrate Case No. CE2014002121 as requested by
the owner of the property, East Coast Investment, Inc., located at 620 Northeast 78
Street, Miami, Florida. Said mitigation serves to conclude the ongoing litigation titled
Pulperiamia, et al. v City of Miami, Case No.: 2022-15022-CA-01 before the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida.
The Office of the City Attorney has investigated and evaluated this matter and has
approved the recommendation of this request.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/RSGD
Attachment(s)
12509 Back -Up Documents
¢f
City of Miami
_.- Legislation
Resolution
Enactment Number: R-22-0416
File Number: 12509
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:10/27/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN FOR CASE NUMBER CE2014002121 ON PROPERTY
ADDRESS 620 NORTHEAST 78th 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 LIEN; 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, East Coast Investment, Inc., a Florida corporation ("Owner') owns the
property located at 620 Northeast 78 Street, Miami, Florida ("Property"); and
WHEREAS, on December 10, 2014, the Code Enforcement Board ("CEB"), heard the
violation related to Case No. CE2014002121. The Property Owner attended the hearing and
was found guilty of worked performed without an authorized permit; and
WHEREAS, the CEB provided Ninety (90) days for compliance or a $250.00 per diem
fine would issue; and
WHEREAS, the Property Owner requested and received extensions to address the
CE2014002121 through November 2016; and
WHEREAS, the extensions were granted yet the Property remained non -compliant
following expiration of the extensions; and
WHEREAS, the Property came into compliance upon finalizing permit no. BD001349-
001 on July 19, 2022; and
WHEREAS, there is a lien attaching to the property in the amount of $512,050.00; and
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit in and for
Miami Dade County, Florida, Case Number 2022-015022-CA-01 ("Court Case"); and
WHEREAS, the Property Owner requests 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 Court Case is stayed pending the disposition of this mitigation; and
WHEREAS, the Property Owner offers mitigation in the amount of 10% of the total lien
which amounts to $51,205.00; 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 $51,205.00 as full and
final settlement of the Code Compliance violation issued under Case No. CE2014002121.
Section 3. 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.