HomeMy WebLinkAboutR-76-0334SRS/ts
2/21/16
RESOLUTION NO, 76-354
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO FILE A LAW SUIT AGAINST MR, SERGIO
ROQUE, 1821 N.W. 22ND COURT, MIAMI, FLORIDA, FOR
THE PURPOSE OF OBTAINING APPROPRIATE RELIEF FOR
MR, ROQUE'S VIOLATION OF CITY ORDINANCES REGARD-
ING MISREPRESENTATION OF INFORMATION IN A BUILD-
ING PERMIT APPLICATION AND ZONING VIOLATIONS.
WHEREAS, Mr. Sergio Roque misstated in his application
for a building permit that he met the set back requirements
of the City; and
WHEREAS, it was later discovered that said set back
requirements were not met and the building permit
premised on this misrepresentation was cancelled; and
WHEREAS, prosecution in the County Court has not resulted
in the correction of this situation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF T
"DOCUMENT INDEX
CITY OF MIAMI, FLORIDA: ITEM NO.
Section 1. The City Attorney is hereby authorized and
directed to file a law suit for the purpose of obtaining
appropriate relief against Mr. Sergio Roque for his ordinance
or code violations regarding building permits and zoning.
PASSED AND ADOPTED this 25 day of MARCH , 1976.
SOUTHERN)
City Clerk
MAURICE A, FERRE
MAYOR
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS:
'/4 /t"
. R. Sterbenz
Assistant City Attorney
o1 n § . Lloyd, City torney
CITY COMMISSION
MEETING OF
MAR 2 5
ESQ%.UIION Ne,�7 "3,!
CITY 000 MIAMI. FLOi/IDA
IPVTEI`t=t3FFitt MEMb tANbUM
YCli The honorable Members of DA'it: March 12 , 19'76 tat:
The City Commission
PROM!
suaJEcf Sergio Roque, 1821 N.W. 22nd.
Court,' Proposed tnj uiictioi
Action re: 'Zoning Code Violation
ErERENCEE:
ENCLOSURES:
The Building Department has requested the assistance of
the Law Department in regard to a zoning violation situation
which the Building Department has not been able to resolve by
prosecutions instituted in the County Court.
Essentially, the facts are that Mr. Sergio Roque, in
applying for a building permit, represented that he ,net the
5' set back requirement for constructing a room out of an
existing car port (the 5' set back zoning requirement does
not allow such construction). Upon discovery of the mis-
representation in the application, the permit was cancelled
and Mr. Roque was instructed to remove the construction com-
pleted to that time. Mr. Roque did not comply.
An injunction action would have as its purpose the
attainment of a mandatory injunction order finding Mr. Roque
to be in violation of the Zoning Code and the Building Code
(one, or both) and ordering Mr. Roque to remove the construc-
tion illegally accomplished.
Passage of the proposed resolution prepared for this
purpose will authorize the Law Department to file the injunc-
tion action mentioned above.
JS L/SRS /ts
A
S. R. Sterberz
Assistant City Attorney
•