HomeMy WebLinkAboutR-02-0853J-02-685
07/09/02
RESOLUTION NO. 02— 853
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY ATTORNEY TO SEEK
INJUNCTIVE RELIEF, AND/OR OTHER APPROPRIATE
CIVIL ACTIONS, FOR THE PURPOSE OF REMOVING
UNPERMITTED WORK AT 1829 SOUTHWEST 22
TERRACE, MIAMI, FLORIDA, SO LONG AS THERE
EXIST INADEQUATE REMEDIES AT LAW AND A
LIKELIHOOD OF IRREPARABLE INJURY IF THE
INJUNCTION IS NOT GRANTED; FURTHER
AUTHORIZING THE CITY ATTORNEY TO SEEK ANY
AND ALL ALTERNATIVE REMEDIES FOR THE PURPOSE
OF REMOVING THE ILLEGAL UNITS AT 1829
SOUTHWEST 22 TERRACE; FURTHER AUTHORIZING
THE CITY ATTORNEY, IF WARRANTED, TO
INITIATE FORECLOSURE ACTION AGAINST THE
PROPERTY AT 1829 SOUTHWEST 22 TERRACE FOR
ANY OUTSTANDING LIENS RELATED TO CODE
ENFORCEMENT COSTS AT A TIME PERMITTED BY
APPLICABLE LAW.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Attorney is authorizedll to seek
injunctive relief for the purpose of removing illegal work
1� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
Wy ON
J U L 2 5 2002
Jaeca ttion Dio.
02- 853
completed without a finalized permit which resulted in the
addition of illegal units at 1829 Southwest 22 Terrace, Miami,
Florida, so long as there exist inadequate remedies at common
law and a likelihood of irreparable injury if the injunction is
not granted.
Section 2. The City Attorney is further authorized to
seek any and all alternative remedies for the purpose of
removing the work completed without a permit that resulted in
illegal units located at 1829 Southwest 22 Terrace as such
remedies may be warranted in the exercise of the professional
discretion of the City Attorney.
Section 3. The City Attorney is further authorized to
initiate a foreclosure action against the property at 1829
Southwest 22 Terrace, if such an action is warranted in the
exercise of the professional discretion of the City Attorney,
for any outstanding liens related to Code enforcement or costs
related to these violations at a time permitted by applicable
law.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
-' If the Mayor does not sign this Resolution, it shall become effective at
the end of ten 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.
Page 2 of 3 02— 853
PASSED AND ADOPTED this
ATTEST:
25th day of July , 2002.
PRIS LLA A. THOMPSON
• CITY CLERK
APPROVED.*�T FORM AND CORRECTNESS:
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Page 3 of 3
EL A. DIAZ, MAYO
0- 853
CA -15
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members oft it
FROM: Alejandro V
DATE: July 10, 2002
RE: Resolution #J -685 requesting authorization to institute a civil adtion for
property violations at 1829 SW 22nd Terrace
(Our file A-0200501)
The resolution before you authorizes the City Attorney's Office to institute and maintain
applicable civil actions against the owners of 1829 SW 22 Terrace.
This property contains several illegal units. The owner of the house was charged with allowing
work to be completed without a finalized permit in violation of the applicable provisions of the
Zoning Ordinance, Building and City Code. A hearing was held before the Code Enforcement
Board on May 23, 2001, at which the Owner failed to appear despite being served with a Notice
of Violations/Summons to Appear. Compliance with the violation did not occur and there
currently is a lien in the sum of $102,500.00 against this property.
It is recommended that the City Commission adopt the attached resolution, which will enable the
City Attorney to select the best remedies in order to mandate compliance with the applicable
codes, by the owners and removal of the violations.
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Attac en s
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