Item Coversheet

New Business and Commission Requests - R9  AE




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Raul J. Aguila, City Attorney 
DATE:November  18, 2020
 



SUBJECT:

DISCUSSION TO OPTION B - CITY ATTORNEY'S DRAFT FOR ITEM R7 M

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING THE CITY'S COMMITMENT TO SAFEGUARD THE DEAUVILLE BEACH RESORT (THE "DEAUVILLE"), WHICH IS A CONTRIBUTING BUILDING WITHIN THE NORTH BEACH RESORT LOCAL HISTORIC DISTRICT, AND LOCATED AT 6701 COLLINS AVENUE; DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO INVESTIGATE AND PURSUE ANY AND ADDITIONAL AVAILABLE ENFORCEMENT AND LEGAL REMEDIES WITH REGARD TO THE DEAUVILLE INCLUDING, WITHOUT LIMITATION, WHATEVER ADDITIONAL REMEDIES THE CITY MANAGER AND CITY ATTORNEY DEEM NECESSARY, BOTH AS AN ADMINISTRATIVE MATTER AND IN THE CONTEXT OF THE PENDING LITIGATION, TO FULFILL THE CITY COMMISSION'S MANDATE THAT THE LITIGATION BE PROSECUTED TO THE FULLEST EXTENT POSSIBLE; FURTHER DIRECTING THE BUILDING DIRECTOR AND CODE COMPLIANCE DIRECTOR, IN CONSULTATION WITH THE CITY ATTORNEY, TO IDENTIFY ANY OUTSTANDING CITY CODE AND FLORIDA BUILDING CODE VIOLATIONS AT THE DEAUVILLE PROPERTY, AND PURSUE ANY AND ALL REMEDIES AVAILABLE UNDER THE CITY CODE, FLORIDA BUILDING CODE, OR STATE LAW, IN ORDER TO SECURE THE PROPERTY, PROTECT THE HISTORIC DEAUVILLE BEACH RESORT BUILDING, AND MITIGATE ANY PUBLIC NUISANCES ON THE PROPERTY; AND FURTHER, DIRECTING THE CITY ATTORNEY OR HIS DESIGNEES TO MEET INDIVIDUALLY WITH THE MAYOR AND CITY COMMISSIONERS, IN THE NEXT THIRTY (30) DAYS, TO PROVIDE THEM WITH AN UPDATE OF THE LITIGATION.


RECOMMENDATION

See attached Memorandum.

Applicable Area

North Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Office of the City Attorney

ATTACHMENTS:
Description
Option B - City Attorney's Draft (Memorandum, Resolution & Attachments)