Res No 155-22-15908RESOLUTION NO. 155-22-15908
A Resolution postponing the Code Special Magistrate Hearing scheduled
for Friday, November 18th , to hear Case No.'s 22-00241;22-00242;22-
00245; and 22-00246 related to citations against Stunnas Fit, LLC as well
as Stunnas Fit's Motion to Stay, until the newly elected Mayor and
Commission have had the opportunity to discuss the matter with the City
Attorney and understand the facts.
WHEREAS, the City's Code Enforcement Magistrate is set to hear Case No.'s 22-
00241/22-00242/22-00245/22-00246 related to citations against Stunnas Fit, LLC as well as
Stunnas Fit's Motion to Stay on Friday, November 18th at 1:00 p.m.; and
WHEREAS, elections were held on November 8, 2022, and there were three (3) new members
elected to the City Commission; and
WHEREAS, the Mayor and Commission would like the opportunity to discuss the
Stunnas Fit case, the pending citations, the pending motion to stay, and any items currently
being litigated in court with the City Attorney, prior to proceeding with any Code Enforcement
hearings
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
they are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City attorney is instructed to continue the four cases that are scheduled
for Friday. November 18. 2022 and that the motion for stay will not be heard if agreeable to the
counsel for Stunna's Fit.
Section 3. The City Commission hereby postpones the Code Special Magistrate Hearing
scheduled for Friday, November 18th, to hear Case No.'s 22-00241;22-00242;22-00245; and 22-
00246 related to citations against Stunnas Fit, LLC as well as Stunnas Fit's Motion to Stay, until
the newly elected Mayor and Commission have had the opportunity to discuss the matter with
the City Attorney and understand the facts related to same.
Section 4. Corrections. Conforming language not changing the material terms or
technical scrivener-type corrections may be made by the City Attorney for any conforming
amendments to be incorporated into the final resolution for signature.
Section 5. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
Page 1 of 2
Res. No. 155-22-15908
shall not affect t h e valid ity of the remaining portions of this reso lution.
Sec t ion 6. Effective Da t e. T his reso l ution sha ll become effective immediately upon
adoption.
PASSED AND AD OPTED this 15 th day of November, 2022.
ATTEST:
C l~~~
REA D AN D A PP ROV ED AS T O FORM ,
LANGUAG E, LEGA LI TY, AN D
EXE ~UTION ;:i~ z.h
~ AYO R
COMM ISSION VOTE :
Mayor Ferna ndez:
V ice Mayor Bon ich:
Commiss i oner Ca lle :
Commiss i oner Corey:
Commiss i oner Liebman:
Page 2 of 2
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:Fa.
City Commission Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution postponing the Code Special Magistrate Hearing scheduled for Friday, November 18th, to hear
Case No.’s 22-00241;22-00242;22-00245; and 22-00246 related to citations against Stunnas Fit, LLC as well as
Stunnas Fit’s Motion to Stay, until the newly elected Mayor and Commission have had the opportunity to
discuss the matter with the City Attorney and understand the facts. 3/5 (Vice Mayor Bonich)
Suggested Action:
Attachments:
Reso Postpone Stunna Magistrate.doc
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