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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: January 26, 2023 RE: Proposed Settlement for City Commission Meeting — January 12, 2022 Case Nos.: CE2020015082, CE2015015087, and CE2010005945 pending before the City of Miami Code Enforcement Board/Special Master as well as City of Miami vs. Haydee Perez, et al., Case No.: 2019-030891-CA-01 (30) pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. File No.: 12883 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case Nos.: CE2020015082, CE2015015087, and CE2010005945, as requested by the owner, Haydee Perez, of the property located at 1010 Southwest 10 Avenue, Miami, Florida 33130. Said mitigation serves to conclude the ongoing litigation titled City of Miami vs. Haydee Perez, et al., Case No. 2019-030891-CA-01 (30) 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 1VALTAVAWWZ Attachment(s) 12883 Back -Up Documents City of Miami City Hall Legislation 3500 Pan American Drive Miami, FL 33133 .p__R. ,• Resolution www.miamigov.com Enactment Number: R-23-0058 File Number: 12883 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 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. 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: ' 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.