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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 Attorney3A_ DATE: November 16, 2023 RE: Proposed Settlement for City Commission Meeting — September 28, 2023 Case No.: CE2012017388 pending before the City of Miami Code Enforcement Board/Special Master as well as City of Miami vs. Prestige Investment Enterprises Corp., Case No.: 2022-013748-CA-01 (11), pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. File No.: 13069 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case No. CE2012017388 as requested by the owner, Prestige Investment Enterprises, Corp., of the property located at 2199 Northwest South River Drive, Miami, Florida. Said mitigation serves to conclude the ongoing litigation titled City of Miami vs. Prestige Investment Enterprises Corp., Case No. 2022-013748-CA-01 (11) 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) 13069 Back -Up Documents City of Miami Legislation Resolution Enactment Number: R-23-0511 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13069 Final Action Date:11/16/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY LOCATED AT 2199 NORTHWEST SOUTH RIVER DRIVE MIAMI, FLORIDA, CASE NUMBER CE2012017388, RECORDED ON AUGUST 11, 2016, 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, Prestige Investments Enterprises Corp. ("Owner"), owns the property located at 2199 Northwest South River Drive, Miami, Florida ("Property") and seeks mitigation of the Code Compliance lien at issue here; and WHEREAS, the Property is a commercial property; and WHEREAS, the prior owner ("Prior Owner") was the party who committed the violation that is the subject of Code Compliance case CE2012017388 ("Code Case"); and WHEREAS, the violations of the Code Case were failure to maintain the lot in a safe condition, work without a finalized permit, and illegally keeping poultry; and WHEREAS, the Code Case was heard on February 12, 2013, before the Code Enforcement Board ("CEB"), found guilty and provided until July 5, 2013 to comply or a $250.00 per diem lien would issue; and WHEREAS, that violation was complied on January 4, 2022, and the total amount of per diem lien accrued was $465,750.00, having run for 3105 days; and WHEREAS, the lien was recorded on January 30, 2019 with the Miami -Dade Clerk of Court at Recording Book 30188 and page 2419 of the Public Records of Miami -Dade County, Florida; and WHEREAS, the City of Miami ("City") filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2022-13748-CA-01 ("Court Case") to foreclose the Property; 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 City and Owner have filed an Agreed Motion to Stay the Court Case pending the disposition of this mitigation hearing; and 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 Owner, the advice and argument from the Code Compliance Department and any other relevant City Department, the City Commission grants the mitigation in the amount of $23,287.50 as full and final settlement of the Code Compliance lien issued under Case No. 2012017388. 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 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.