HomeMy WebLinkAboutR-22-0361City of Miami
Resolution R-22-0361
Legislation
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
City of Miami Page 1 of 3 File ID: 12483 (Revision: A) Printed On: 6/20/2025
File ID: 12483 Enactment Number: R-22-0361
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.
City of Miami Page 2 of 3 File ID: 12483 (Revision: A) Printed on: 6/20/2025
File ID: 12483 Enactment Number: R-22-0361
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City tton
ey ) 9/28/2022
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 3 of 3 File ID: 12483 (Revision: A) Printed on: 6/20/2025