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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: March 9, 2023 RE: Proposed Settlement for City Commission Meeting — March 9, 2023 Case No.: CE2021000510 pending before the City of Miami Code Enforcement Board/Special Master as well as RCJB Properties, Inc v City of Miami, Case No.: 2023-3254-CA-01, pending before the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. File No.: 13642 The attached proposed Resolution seeks authorization to mitigate City of Miami's Code Enforcement Board/Special Magistrate Case No. CE2021000510 as requested by the owner of the property, RCJB Properties Inc., located at 640 Northwest 65 Street, 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 mater and has determined it meets the criteria to be placed on the Commission calendar. cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/RSGD Attachments Back -Up Documents Attachment(s) 13642 Exhibit 13642 Backup City of Miami Legislation Resolution Enactment Number: R-23-0101 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13642 Final Action Date:3/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER CE2021000510 ON PROPERTY ADDRESS 640 NORTHWEST 65 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 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, RCJB Properties, Inc., a Florida corporation ("Owner"), owns the property located at 640 Northwest 65 Street, Miami, Florida ("Property") and seeks mitigation of the fines at issue here; and WHEREAS, the Property is a three (3) unit, residential structure; and WHEREAS, on October 10, 2021, the prior owner failed to appear before the Code Enforcement Board (`CEB") who heard the case in absentia and found it in violation for failing to have a valid Certificate of Use and Business Tax Receipt under case number CE2021000510; and WHEREAS, immediate compliance was ordered or a $250.00 per diem fine would issue; and WHEREAS, the Owner purchased the Property on April 29, 2022 and the violation was complied on January 24, 2023 after having had the active lien for 467 days whose final total is $116,750.00; and WHEREAS, the lien on this case was recorded on October 27, 2021 with the Miami - Dade Clerk of Court at recording book 32815 and page 718, and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under Case No. 2023-3254 CA 01 ("Court Case") based upon the liens accrued and to quiet title; 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 Court case is stayed pending the disposition of this mitigation; and WHEREAS, the City records reflecting the violations issued, hearing date, lien amount, and recordation are attached and incorporated to this Resolution as Exhibit A; and WHEREAS, included in Exhibit A is a letter from the property lender reflecting the financing will be revoked after March 15, 2023; and WHEREAS, the Owner offers mitigation in the amount of $10,000.00 to cover the City's expended time and effort; and WHEREAS, the Office of the City Attorney has investigated and evaluated this matter and finds it to be property requested to be heard by the Commission; and WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature due to the loan expiration of March 15, 2023 which would eliminate the owner's ability to sell; 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 RCJB Properties, Inc, 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 $11,675.00 as full and final settlement of the Code Compliance violation issued under Case No. CE2021000510. 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 a signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor 3/10/2023 ndez, City Attor ley 3/10/2023 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.