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Written Homework #9 |
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Power of Attorney
Background Information:
- Five years ago Jorge Ortiz bought a house in the City of Miami.
- During the rainy season he discovered that the house had a leaky roof.
- He hired a reputable roofing contractor. The contractor then procured the required permit from the City's Building Department
- Upon completion of the roofing work the inspector from the City's Building Department discovered that an addition had illegally been added to the back of the house by a prior owner 10 years earlier without the required permit.
- The inspector issued a citation against the property. A notice on the citation stated that a hearing would be held before City's Code Enforcement Board on a specified date and time. Jorge showed up at the hearing. He was told that he would need to bring the illegal addition into full compliance with the Code. To do that he was told that he must hire an architect to prepare the plans, then apply for a permit, and then hire a contractor to do the necessary work. The Board's Order gave him six month to accomplish this.
- Three months after the hearing Jorge hired the architect. He then accidentally fell off the roof and broke his hip. He ended up in the hospital for a week but he was unable to immediately return to work (he ultimately lost three months worth of wages).
- To make a long story short because of a lack of funds he was not able to complete the corrective work by the deadline ordered by the Board. He needed more time. He called the Clerk's office. He was told that he could appear before the Board and ask for additional time. The Clerk's office put his name on the agenda for an upcoming meeting of the Board. Because he was on crutches and still in pain he asked the Clerk's office if his college educated adult cousin could appear on his behalf before the Board
- Because his cousin (William Ortiz) was not an owner of the property the Clerk's office told him over the phone that his cousin would not be able to speak at the Board meeting unless he brought with him a document entitled "power of attorney" signed by the property owner giving William authority to speak on the owner's behalf.
- Assume you are preparing this document in early March of 2021 but that you don't know what date it will actually be signed
- Assume further that the upcoming meeting of the City of Miami's Code Enforcement Board will be held on May 15, 2021.
- The homwork assignment is to prepare a "Power of Attorney" that Jorge Ortiz can sign of the property located at 143 NW 77th Street, Miami Florida and that he is giving authority to William Ortiz to speak on his behalf regarding the code enforcement violations on that property at the May 15, 2021 meeting of the City of Miami's Code Enforcement Hearings Board.
- The Power of Attorney must state that Jorge Ortiz is the owner of the property (the document will be rejected by the City if this requirement has not been met). The signature should be acknowledged by a notary public using one of the sample acknoledgements templates contained in Sec. 695.25 FS