HomeMy WebLinkAboutStipulation Disposition-notice of ViolationSUBMITTED INTO THE
PUBLIC RECORD FOR
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STIPULATED DISPOSITION OF NOTICES OF VIOLATION
The City of Miami ("City") and the Owners of certain properties therein, as
named below, (the "Owners") wish to enter into the following plea of guilt and
disposition of Code Enforcement Notices of Violation (the "Stipulation"), through their
respective attorneys indicated below:
CASE
OWNER
ADDRESS
REPRESENTING
NO.
ATTORNEY
05-12727
1040 Biscayne Associates,
LLC.
1040 Biscayne
Blvd.
Lucia A. Dougherty
05-06340
Brookwood Biscayne Tower
Investment, LLC.
100 Biscayne Blvd.
Lucia A. Dougherty
05-06370
200 SE First Land, LLC.
200 SE 1st Street
Lucia A. Dougherty
05-08645
Borinquen Health Care Center,
Inc.
3601 Federal
Highway
Daniel Weiss
05-06289
WSMP MW-East, LP.
640 SW 2ad Avenue
Daniel Weiss
05-06275
Julio de Quesada Living Trust
7105 SW 8 Street
Daniel Weiss
05-06539
Gallo Development, LLC.
2590 S. Dixie
Highway
Daniel Weiss
,
05-06377
Eastern Union Corporation
111 SW 3`° Street
David Koretzky
05-08649 1035 N Miami Ave LLC
1035 N Miami Ave
Daniel Weiss
1. The Notice(s) of Violation ("NOV") and Summons to Appear were issued
to the Owners alleging a violation of Zoning Ordinance 11000, as amended, Article 10,
§10.4.5, §10.5.4.(1)-(6), and §10.6.3(l)-(25) relating to illegally erected, placed, or
mounted outdoor advertising signs; and
Submitted Into the public
record in connecti.n th
item 1? E. 4 on 3 a 3 ari
Priscilla A. Thompson
City Clerk
2. The City passed on first reading a proposed "Arts and Entertainment
Mural Regulations" Ordinance (the "Ordinance"); and
3. The City contemplates changes to said Ordinance by amendment, which
has not been reviewed by the Planning Advisory Board nor adopted by the City
Commission; and
4. some of the attached NOV's and Summons may be rendered moot by the
adoption of the proposed Ordinance. However, via the owners' plea of guilt today, this
possibility will not invalidate or rescind this stipulation, in any way, and all monies paid
to the City via this stipulation shall remain with the City; and
5. It is recognized by the Owners that the new Ordinance may not permit
some of the signs for which the NOV's have been issued. The City cannot, in any way,
contemplate or ensure that said Ordinance will actually benefit all the participating
owners in this Stipulation.
6. By entering into this Stipulation, the Parties agree that said Stipulation will
not prejudice or affect, in any way, future applications by the Owners or their respective
sign companies for signs permitted by the proposed Ordinance.
7. Upon execution of this Stipulation, the Owners agree to pay a fine of
$250.00 per day (the "Fine") per property from the date of the Code Enforcement
Hearing approving this Stipulation until such time as the City Commission considers the
proposed Ordinance or decides that it shall not pass.
8. So long as this Stipulation remains in effect, such Fine shall be due and
payable to the Office of Code Enforcement on the 1st day of each month beginning June
1, 2005. The first monthly payment will include the prorated amount of $250.00 per day
from the date of the Code Enforcement Hearing on May 23, 2005 to the first payment
date of June 1, 2005. If payment is not received by the Office of Code Enforcement by
the 156 day of each month thereafter, the City may place the case before the Special
Master for further consideration of the matter and enforcement of this Stipulation.
9. In consideration for the benefits derived by the Owners, which the City of
Miami acknowledges constitutes good and sufficient consideration, the City agrees that it
will not issue any additional Notices of Violation against the Owners under Article 10 or
under any other provision of the City Code relating to illegal placement of signage until
such time as the City Commission considers the new Ordinance.
10. This Stipulation may be modified or amended or released as to the
Property or any portion thereof by a written instrument executed by the City Attorney or
his designee and the Owners.
11. This Stipulation shall remain in full force and effect and be binding upon
the Owners and their respective heirs, successors and assigns.
Submitted Into the public
record in co necti n ith
item Re• Lon 3 0t.
Priscilla A. Tho pson
City Clerk
12. This Stipulation is made exclusively in favor of the Owners and the City.
No parties other than the Owners and the City shall be entitled to any benefit hereunder
or to enforce the terms hereto.
13. This Stipulation shall automatically terminate upon the consideration of
passage or denial of the new Mural Ordinance, and in no way reflects the intention of the
City to create an Ordinance that benefits these owners exclusively, as the final provisions
of this Ordinance have not been fully contemplated.
14. This Stipulation shall be interpreted and enforced by the Special Master.
15. This Stipulation is between the owners and the City and in no way reflects
any agreement with Miami Dade County as to the enforcement of its sign regulations.
IN WITNESS WHEREOF, the parties and/or their designated representatives
have hereunto placed their hands and seals on the date above written.
Daniel Weiss, Esq.
Lucia A. Dougherty, Esq.
David Koretzky, Esq.
Victoria Mendez,
Assistant City Attorney
City of Miami