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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 23, 2023 RE: Proposed Settlement for City Commission Meeting — October 13, 2022 Code Enforcement Board, Case No. CE2021003957 Address: 7301 Belle Meade Island Drive, Miami, Florida File ID No.:12578 The attached proposed Resolution seeks authorization to accept an offer to settle, from 7301 Belle Meade LLC, the Owner of the property located at 7301 Belle Meade Island Drive, Miami, Florida, to mitigate the now complied case and fine associated with the City of Miami's Code Enforcement Board Case No. CE2021003957. The total fine at the time of compliance on September 2, 2022, is $270,500.00. There is also an irreparable harm fine of $5,000.00 due and owning. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/RSGD Attachment(s) 12578 Back -Up Documents City of Miami Legislation Resolution Enactment Number: R-23-0155 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12578 Final Action Date:3/23/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT FINE FOR CASE NUMBER CE2021003957 ON PROPERTY ADDRESS 7301 BELLE MEADE ISLAND DRIVE, MIAMI, FLORIDA, AFTER 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 AND 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, 7301 Belle Meade, LLC ("Owner") owns the property located at 7301 Belle Meade Island Drive, Miami, Florida ("Property"); and WHEREAS, on May 12, 2021, the Code Enforcement Board ("CEB"), at a duly noticed hearing, heard the violations as it related to case number CE2021003957 and found Property guilty of use not allowed in a transect zone and illegal short term rental; and WHEREAS, the Property Owner was represented by counsel at the hearing; and WHEREAS, at the hearing, the CEB, upon the finding of guilt, ordered a per diem fine and an irreparable harm fine due to this being a repeat violation pursuant to Chapter 2, Article X of the City Code and the CEB required immediate compliance and ordered the fine retroactive to the date of the initial violation issuance which was March 10, 2021; and WHEREAS, the Property Owner appealed the findings of the CEB to the Appellate Division of the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida ("Circuit Court") where today, it remains pending; and WHEREAS, the Property remained non -compliant pursuant to ongoing investigative checks and contacts with the Property neighbors until September 2, 2022 and the assessed fine had reached a total of $270,500.00; and WHEREAS, the Property Owner presented evidence that the Property was removed from all rental listings as of June 2022 and the Commission adjusted the running fine accordingly; and WHEREAS, the Property Owner requested 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 Property Owner wishes to pay the irreparable harm fine of $5,000.00 and is requesting the per diem fine be mitigated to 5% of the total lien Property Owner calculates to be $224,500.00 by using an alternate date of compliance; and WHEREAS, the Property Owner will dismiss the appeal currently pending before the Circuit Court in favor of this mitigation; and WHEREAS, the City Commission reviewed all competent, substantial evidence and testimony presented at the time of hearing; and WHEREAS, the Commission after hearing the evidence regarding the past repeat code violation, the violator's use of the property as a party house consistently and the loss of use and enjoyment suffered by the area residents, reduced the lien to $224,500.00 based upon the violator's description of his date of compliance; and 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 taking under advisement all competent and substantial evidence and testimony presented at the time of the hearing, in consideration of the Property Owner committing a repeat violation, and for the reasons stated on the record, the City Commission orders payment of the irreparable harm fine of $5,000.00 and mitigation in the amount of $224,500.00 as full and final settlement of the Code Compliance violation issued under case number CE202100395. 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.