HomeMy WebLinkAboutR-22-0297City of Miami
Resolution R-22-0297
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Legislation
File Number: 12067
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/28/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED FEBRUARY 20, 2020 FOR CASE
NUMBER CE2019016158 ON PROPERTY ADDRESS 151 NORTHWEST 60
STREET, MIAMI, FLORIDA, AFTER A 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 OF THE AFOREMENTIONED LIENS; AUTHORIZING 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, The Alternative Programs Inc. ("Owner') owns the property located
approximately at 151 Northwest 60 Street, Miami, Florida ("Property"); and
WHEREAS, on February 12, 2020, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2019016158 and found the
Property guilty of the violations as stated on the record at the CEB meeting; and
WHEREAS, the Property Owner at the time failed to appear for the hearing and the CEB
provided twenty-four (24) hours for compliance or a $250.00 per diem fine would issue; and
WHEREAS, the lien was recorded on February 21, 2020, with the Miami -Dade
Clerk of Court at Book 31824 and Page 4110; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until May 27, 2022; and
WHEREAS, there is a resulting lien on the property in the amount of $208,500.00; and
WHEREAS, the matter is currently in litigation in the matter titled City of Miami ("City")
vs. The Alternative Programs, Inc., Case Number 2017-012398-CA-01 (32) pending in the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida; and
WHEREAS, the Property Owner has 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 Office of the City Attorney has investigated and evaluated this matter
and recommends that said matter be heard before this Commission due to the foregoing;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 12067 (Revision: A) Printed On: 811712022
File ID: 12067 Enactment Number: R-22-0297
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 having heard argument of the Property Owner
and the City, and being otherwise being fully advised in the premises, it is hereby ordered that
the lien recorded as part of a Final Order of the City's CEB dated February 20, 2020, issued
under Case No. CE2019016158, and recorded on February 21, 2020, in OR Book 31824, Page
4110, Public Records of Miami -Dade County shall be mitigated in the amount of $10,000.00.
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
i 4naindez, City Attor iey 8/10/2022
' 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.
City of Miami Page 2 of 2 File ID: 12067 (Revision: A) Printed on: 811712022