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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: April 27, 2023 RE: City Commission Meeting — April 27, 2023 Case No.: CE2018008270 pending before the City of Miami Code Enforcement Board/Special Master filed as NE 62nd ST Realty, LLC v COM, Case No.: 2022- 20836-CA-01 pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. File No.: 13577 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case No. CE2018008270 as requested by owner, NE 62nd ST Realty, LLC, on the property located at 490 Northeast 62 Street, Miami, FL. Said mitigation would not moot the pending Circuit Court litigation because owner is attempting to dispute the payment in full of a code lien after it was complied (CE2019001748). The Office of the City Attorney has investigated and evaluated this mater and the property owner qualifies for placement on the Commission calendar. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator Attachments Back -Up Documents Attachment(s) 13577 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-23-0204 File Number: 13577 Final Action Date:4/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY 490 NORTHEAST 62 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018008270, 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 LIEN; 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, NE 62 ST Realty, LLC, a Florida corporation ("Owner'), owns the property located at 490 Northeast 62 Street, Miami, Florida ("Property") and seeks mitigation of the fines at issue here; and WHEREAS, the Property is two (2) story, six (6) unit residential building; and WHEREAS, on November 14, 2018, the Owner pled guilty before the Code Enforcement Board ("CEB") for failing to have a valid Certificate of Use and Business Tax Receipt under case number CE2018008270; and WHEREAS, the Owner was provided ninety (90) days to comply the violations or a $250.00 per diem to issue should there be a failure to timely comply; and WHEREAS, the violations were complied on January 26, 2023, and the total amount of per diem lien accrued at that time was $360,500.00 for having run for 1,442 days; and WHEREAS, the lien on this case was recorded on June 3, 2021 with the Miami -Dade Clerk of Court at recording book 32542 and page 4475, and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2022-20836-CA-01 ("Court Case") based upon the liens accrued; and WHEREAS, the Owner paid $107,750.00 for the Code Enforcement lien under case number CE2019001748 after it was complied and this mitigation does not resolve that part of the Circuit Court case; and WHEREAS, mitigation by the City Commission will resolve the issue as to the 2018 lien only, as the other lien is not eligible since it was paid; and WHEREAS, the Owner requests 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 Court case is stayed pending the disposition of this mitigation; and WHEREAS, the City records reflecting the violations issued, hearing date and lien amount and recordation are attached to this Resolution as Exhibit A; and WHEREAS, the Owner offered a mitigation in the amount of $18,025.00 (which is 5% of the total lien amount) to cover the City's expended time and effort in addressing the code violations; 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 NE 62 ST Realty, LLC, 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 25% ($90,125.00) of the total lien as full and final settlement of the Code Compliance violation issued under Case No. CE2018008270. 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.