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Home My WebLink AboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez DATE: September 22, 2022 RE: Proposed Mitigation Settlement for City Commission Meeting — September 22, 2022 Case No.: CE2015004960 and CE2018012239 pending before the City of Miami Code Enforcement Board/Special Master as well as de Parry & Vickers v City of Miami, Case No.: 2022-13855-CA-01 pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. File No.: 12483 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case Nos. CE2015004960 and CE2018012239 as requested by the owner of the property, East Coast Investment, Inc., located at 785 Northeast 70 Street, Miami, Florida. Said mitigation serves to conclude the ongoing litigation titled de Parry & Vickers et al v City of Miami, Case No. 2022- 13855-CA-01 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. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/RSGD Attachment(s) 12483 Back -Up Documents City of Miami Legislation Resolution Enactment Number: R-22-0361 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12483 Final Action Date:9/22/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED SEPTEMBER 16, 2015 FOR CASE NUMBER CE2015004960 AND THE CODE ENFORCEMENT LIEN RECORDED OCTOBER 18, 2018 FOR CASE NUMBER CE2018012239 ON PROPERTY ADDRESS 785 NORTHEAST 70 STREET, MIAMI, FLORIDA, 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, Randy de Puniet de Parry and Lauren Puniet de Parry Vickers ("Owner") own the property located at 785 Northeast 70 Street, Miami, Florida ("Property"); and WHEREAS, on July 8, 2015, the Code Enforcement Board ("CEB") heard the violations as it related to Case No. CE2015004960 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 September 16, 2015, with the Miami -Dade Clerk of Court at Book 29779 and Page 3987; and WHEREAS, the Property remained non -compliant after the expiration of the allowable cure period and was non -compliant until June 29, 2022; and WHEREAS, there is a resulting lien on the property in the amount of $636,750.00; and WHEREAS, on October 4, 2018, the Code Enforcement Board ("CEB"), heard the violations as it related to Case No. CE2018012239 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 October 17, 2018, with the Miami -Dade Clerk of Court at Book 31183 and Page 4391; and WHEREAS, the Property remained non -compliant after the expiration of the allowable cure period and was non -compliant until June 29, 2022; and WHEREAS, there is a resulting lien on the property in the amount of $342,750.00; and WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami Dade County, Case Number 2022-013885-CA-01; and WHEREAS, the Property Owner has requested that 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 has been stayed pending the disposition of this mitigation; and WHEREAS, the Property Owners would like to offer as mitigation the amount of $15,000.00 to encompass both cases which would amount to 5% of the projected proceeds from the pending sale of the Property; and WHEREAS, the Office of the City Attorney has investigated and evaluated this matter and recommends that said matter be heard based upon the foregoing; 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 $12,500.00 as full and final settlement of the Code Compliance violation issued under Case No. CE2015004960 from the lien recorded on September 16, 2015, with the Miami -Dade Clerk of Court at Book 29779 and Page 3987. Section 3. 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 $12,500.00 as full and final settlement of the Code Compliance violation issued under Case No. CE2018012239 from the lien recorded on October 17, 2018, with the Miami -Dade Clerk of Court at Book 31183 and Page 4391. Section 4. 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 5. 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 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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. APPROVED AS TO FORM AND CORRECTNESS: