HomeMy WebLinkAboutMemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ,j a
DATE: April 27, 2023
RE: Proposed Settlement —April 27, 2023 City Commission Meeting
Case Nos.: CE2003022485 pending before the City of Miami Code
Enforcement Board/Special Master as well as Glenn J. Munach and Molly
Levine vs. Rene Placide, Case No.: 2022-019947-CA-01 (31) pending
before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida
File No. 13336
The attached proposed Resolution seeks authorization to mitigate City of Miami's
Code Enforcement Board/Special Magistrate Case No. CE2003022485 as requested by
Glenn J. Munach and Molly Levine, on the property located at 89 Northeast 70 Street,
Miami, Florida. Said mitigation serves to conclude the ongoing litigation titled Venture
Cuatro, LLC vs. City of Miami, Case No. 2022-019947-CA-01 (31), 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.
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/DDR
Attachment(s)
12546 Back -Up Documents
Attachment(s)
13336 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-23-0203
File Number: 13336
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.
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:
' 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.