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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 ,j a DATE: January 12, 2023 RE: Proposed Settlement for City Commission Meeting — January 12, 2023 Case Nos.: CE2012012015 and CE2012012550 pending before the City of Miami Code Enforcement Board/Special Master as well as Venture Cuatro, LLC vs. City of Miami, Case No.: 2022-014565-CA-01 (21) pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida File No.: 12546 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case Nos. CE2012012015 and CE2012012550 as requested by the owner, Venture Cuatro, LLC, of the property located at 923 Northwest 62 Street, Miami, Florida 33150. Said mitigation serves to conclude the ongoing litigation titled Venture Cuatro, LLC vs. City of Miami - Case No. 2022-014565-CA-01 (21) 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 VM/DDR Attachment(s) 12546 Back -Up Documents =f City of Miami f Legislation Resolution Enactment Number: R-23-0025 File Number: 12546 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:1/12/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS, CE2012012015 AND CE2012012550 ON THE PROPERTY LOCATED AT 923 NORTHWEST 62 STREET MIAMI, FLORIDA, WHICH WERE RECORDED ON JULY 2, 2013, AND JANUARY 1, 2013, RESPECTIVELY, 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, Venture Cuatro, LLC, ("Owner') owns the property located approximately at 923 Northwest 62 Street, Miami, Florida ("Property"); and WHEREAS, on April 9, 2013, the Code Enforcement Board ("CEB"), at a duly noticed hearing, heard the violations as it related to Case No. CE2012012015, 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 2, 2013, in the Public Records of Miami -Dade County at Book 28720 and Page 3667; and WHEREAS, the Property remained non -compliant after the expiration of the allowable cure period and was non -compliant until May 31, 2022; and WHEREAS, there is a resulting lien on the property in the amount of $1,608,000.00; and WHEREAS, on November 20, 2012, the Code Enforcement Board ("CEB"), at a duly noticed hearing, heard the violations as it related to Case No. CE2012012550 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 January 30, 2013, in the Public Records of Miami - Dade County at Book 28466 and Page 630; and WHEREAS, the Property remained non -compliant after the expiration of the allowable cure period and was non -compliant until August 24, 2021; and WHEREAS, there is a resulting lien on the property in the amount of $1,545,500.00; and WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami Dade County, Case Number 2022-014565-CA-01 (21); 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 $56,500.00 as full and final settlement of the Code Compliance violation issued under Case No. CE2012012015 from the lien recorded on July 2, 2013, in the Public Records of Miami -Dade at Book 28720 and Page 3667 and a mitigation in the amount of $56,500.00 as full and final settlement of the Code Compliance violation issued under Case No. CE2012012550 from the lien recorded on January 30, 2013, in the Public Records of Miami -Dade at Book 28466 and Page 630. 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.