HomeMy WebLinkAboutR-23-0203°xCity of Miami
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Resolution R-23-0203
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Legislation
File Number: 13336
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN, CE2003022485 ON THE PROPERTY LOCATED AT 89
NORTHEAST 70 STREET, MIAMI, FLORIDA, WHICH WAS RECORDED ON
AUGUST 19, 2005, 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, Rene Placide, ("Owner') owns the property located approximately at 89
Northeast 70 Street, Miami, Florida ("Property"); and
WHEREAS, on May 11, 2005, the Code Enforcement Board ("CEB"), at a duly noticed
hearing, heard the violations as it related to Case No. CE2003022485, 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 19, 2005, in the Public Records of Miami -
Dade County at Book 23700 and Page 3008; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until November 28, 2022; and
WHEREAS, there is a resulting lien on the property in the amount of $1,602,250.00; and
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami
Dade County, Case Number 2022-09947 CA-01(31); 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");
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.
City of Miami Page 1 of 2 File ID: 13336 (Revision: 8) Printed On: 5/24/2023
File ID: 13336 Enactment Number: R-23-0203
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 $400,562.50 as full and
final settlement of the Code Compliance violation issued under Case No. CE2003022485 from
the lien recorded on August 19, 2005, in the Public Records of Miami -Dade at Book 23700 at
Page 3008.
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
1
i ft6ria i ndez, CiFy Attor iey 5/2312023
' 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 2 of 2 File ID: 13336 (Revision: 8) Printed on: 512412023