HomeMy WebLinkAboutR-23-0058City of Miami
Resolution R-23-0058
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Legislation
File Number: 12883
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE
FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST
PROPERTY LOCATED AT 1010 SOUTHWEST 10 AVENUE, MIAMI, FLORIDA;
CASE NUMBER 2020015082 RECORDED ON OCTOBER 28, 2020; CASE
NUMBER 2015015087 RECORDED ON AUGUST 15, 2015; CASE NUMBER
2010005945 RECORDED ON OCTOBER 13, 2010, 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, Haydee Perez, ("Owner') is the record title owner of the property located at
approximately at 1010 Southwest 10 Avenue, Miami, Florida 33142 ("Property"); and
WHEREAS, on October 20, 2020, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2020015082 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 October 28, 2020, in Official Records Book 32171
at Page 2265 of the Public Records of Miami Dade County; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until September 22, 2022; and
WHEREAS, there is a resulting lien on the property in the amount of $175,250.00; and
WHEREAS, on February 10, 2016, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2015015087 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 August 15, 2016, in Official Records Book 30192
at Page 4129 of the Public Records of Miami Dade County; and
City of Miami Page 1 of 3 File ID: 12883 (Revision: A) Printed On: 2/23/2023
File ID: 12883 Enactment Number: R-23-0058
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until January 1, 2021; and
WHEREAS, there is a resulting lien on the property in the amount of $897,000.00; and
WHEREAS, on June 23, 2010, the Code Enforcement Board ("CEB"), at a duly noticed
hearing, heard the violations as it related to Case No. CE2010005945 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 October 13, 2010, in Official Records Book 27451
at Page 2990 of the Public Records of Miami Dade County; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until March 17, 2015; and
WHEREAS, there is a resulting lien on the property in the amount of $431,750.00; and
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami
Dade County, Case Number 2019-030891-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:
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 Case Number CE2020015082 recorded on October
28, 2020 in Official Records Book 32171 at Page 2265 of Miami -Dade County in the amount of
$138,250.00, is hereby mitigated to $13,825.00, Case Number CE2010005945 recorded on
October 13, 2020 in Official Records Book 27451 at Page 2990 in the amount of $394,750.00, is
hereby mitigated to $39,475.00, and Case Number Case No. CE2015015087 recorded on
August 16, 2015 in Official Records Book 30192 at Page 4129 of Miami -Dade County in the
amount of $860,000.00, is hereby mitigated to $86,000.00, for a total mitigation amount of
$139,300.00.
Section 3. The mitigation is contingent upon the property owner paying the amount of
$51,019.64, for full and satisfaction of the following liens: US5001354, LCL0019488,
LCL0000074, LCL1013510, LCL8011617, LCL9014761, LCL1020750, LCL4002602,
LCL4016625, and LCL7012597.
City of Miami Page 2 of 3 File ID: 12883 (Revision: A) Printed on: 2/23/2023
File ID: 12883 Enactment Number: R-23-0058
Section 4. The cases are hereby mitigated on behalf of the Estate of Haydee Perez and
a total amount of $190,319.64, less $111,000 which was previously credit pursuant to the tax
deed sale, shall be paid.
Section 5. Pursuant to Resolution No. 23-0066, adopted on January 26, 2023, payment
shall be made by a party with the legal authority to do so, upon the filing of the Probate Matter of
the Estate of Haydee Perez, at the time of closing; and that the original lien amounts shall be
reinstated if payment is not received timely.
Section 6. 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 7. 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 8. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4naindez, City Attor iey 2/2212023
' 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 3 of 3 File ID: 12883 (Revision: A) Printed on: 212312023