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Home My WebLink AboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney DATE: February 9, 2023 RE: Proposed Settlement for City Commission Meeting — February 9, 2023 Case Nos.: CE2012013333 and CE2006014822 pending before the City of Miami Code Enforcement Board/Special Master as well as Carrera USA, LLC v. City of Miami - Case No.: 2022-019670-CA-01 (05) pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. File No.: 13113 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case No. CE2012013333 and Case No. CE2006014822, as requested by the owner, Carrera USA, LLC, of the property located at 607-609 Northwest 75 Street, Miami, Florida 33150. Said mitigation serves to conclude the ongoing litigation titled City of Miami vs. Demale, LLC, Case No. 2022- 019670-CA-01 (05) pending 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/ddr Attachment(s) 13113 Back -Up Documents 4 Pj =� City of Miami ;Y Legislation N, Resolution Enactment Number: R-23-0077 File Number: 13113 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:2/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN RECORDED FEBRUARY 28, 2013 AND RE -RECORDED ON MAY 15, 2019 FOR CASE NUMBER CE2012013333 AND THE CODE ENFORCEMENT LIEN RECORDED ON MAY 31, 2007 FOR CASE NUMBER CE2006014822 FOR PROPERTY ADDRESS 607-609 NORTHWEST 75 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 LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. WHEREAS, CARRERA USA, LLC ("Owner'), owns the property located approximately at 607-609 Northwest 75 Street Miami, Florida ("Property"); and WHEREAS, on January 10, 2013, the Code Enforcement Board ("CEB"), at a duly noticed hearing, heard the violations as it related to Case No. CE2012013333; 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 February 28, 2013 and rerecorded on May 15, 2019 in Official Records Book 28508 at Page 4403 and Official Record Book 31443 at Page 3966, respectively; and WHEREAS, the Property remained non -compliant after the expiration of the allowable cure period and was non -compliant until October 13, 2013; and WHEREAS, there is a resulting lien on the Property in the amount of $68,000.00; and WHEREAS, on February 28, 2007, the Code Enforcement Board ("CEB"), at a duly noticed hearing, heard the violations as it related to Case No. CE2006014822; 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 May 31, 2007 in Official Records Book 25661 at Page 3337: and WHEREAS, the Property remained non -compliant after the expiration of the allowable cure period and was non -compliant until October 9, 2013; and WHEREAS, there is a resulting lien on the property in the amount of $603,500.00; and WHEREAS, the property was sold at a tax deed for the non-payment of taxes. (Tax Deed File No. 2013A00641); and WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami Dade County, Case Number 2022-019670-CA-01(05); and WHEREAS, the new 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 of Miami ("City") Department, the City Commission orders a mitigation in the amount of $43,000.00 as full and final settlement of the Code Compliance violations issued under Case No. CE2012013333 from the lien recorded with the Miami -Dade Clerk of Court at Official Records Book 28508 at Page 4403 and rerecorded Official Record Book 31443 at Page 3966 and Case No. CE2006014822 from the lien recorded with the Miami -Dade Clerk of Court at Official Records Book 256618 at Page 3337. Payment shall be made within twenty (20) days. Failure to make this payment, will result in the original fines be reinstated. Section 3. This mitigation is subject to the Property Owner commencing a mulching facility at the Property within three (3) years from the enactment of this Resolution. Failure of the Property Owner to commence operation of a mulching facility within the two (2) years, the Property Owner shall owe an additional $24,150.00 for the outstanding code liens. Section 4. The Property Owner is hereby required to execute a covenant in favor of City outlining the requirements of this resolution. Section 5. 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 6. 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 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 ' 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. APPROVED AS TO FORM AND CORRECTNESS: