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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 DATE: January 26, 2023 RE: Proposed Settlement for City Commission Meeting — January 26, 2023 Case No.: CE2018024764 pending before the City of Miami Code Enforcement Board/Special Master as well as Downtown BH, LLC v City of Miami, Case No.: 2022-21840-CA-01 pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. File No.: 13266 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case No. CE2018024764 as requested by the authorized party, Downtown BH, LLC, of the property located at 101 Northeast 2 Avenue, Miami, Florida. Said mitigation would moot the pending litigation matter filed in Circuit Court noted above. The Office of the City Attorney has investigated and evaluated this matter and has approved the recommendation of this request to be placed for consideration by the City Commission. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/rsgd Attachment(s) 13266 Back -Up Documents City of Miami Legislation Resolution Enactment Number: R-23-0057 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13266 Final Action Date:1/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER CE2018024764 ON PROPERTY ADDRESS 101 NORTHEAST 2 AVENUE, 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 LIEN; 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, Downtown BH, LLC, a Florida corporation ("DBH"), is the former owner of the property located at 101 Northeast 2 Avenue, Miami, Florida ("Property") with the legal authority to seek mitigation of the fines at issue here; and WHEREAS, on June 12, 2019, the Code Enforcement Board ("CEB"), heard the violation related to Case No. CE201802476 for failure to remove nonconforming shutters and/or security screens in the Downtown Development District; and WHEREAS, the violation does not relate to any life or health issues, but only to the nonconformity of shutters and/or security screens; and WHEREAS, following a guilty finding, the CEB provided ninety (90) days for compliance and a $250.00 per diem to issue should there be a failure to timely comply; and WHEREAS, because of the Novel Coronavirus ("COVID-19") pandemic -related delays (including labor and material shortages), the engineer that DBH hired to correct the Violation passing away unexpectedly, among other reasons, DBH was not able to comply the violation until September 21, 2022 when building permit number BD22-005805-001 was finalized; and WHEREAS, the lien on this case was recorded on February 4, 2020 with the Miami - Dade Clerk of Court at recording book 31804 and page 4601, and WHEREAS, the lien reached a total of $276,750.00 after having run for 1,107 days; and WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami Dade County, Case Number 2022-21840-CA-01 ("Court Case"); and WHEREAS, DBH 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 Court case is stayed pending the disposition of this mitigation; and WHEREAS, DBH offers mitigation in the amount of $3,750.00 to cover the City's expended time and effort; 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 DBH 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 $27,000.00 as full and final settlement of the Code Compliance violation issued under Case No. CE2018024764. Section 3. 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.