HomeMy WebLinkAboutR-23-0025City of Miami
Resolution R-23-0025
Legislation
File Number: 12546
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/12/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS, CE2012012015 AND CE2012012550 ON THE
PROPERTY LOCATED AT 923 NORTHWEST 62 STREET MIAMI, FLORIDA,
WHICH WERE RECORDED ON JULY 2, 2013, AND JANUARY 1, 2013,
RESPECTIVELY, 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, Venture Cuatro, LLC, ("Owner') owns the property located approximately at
923 Northwest 62 Street, Miami, Florida ("Property"); and
WHEREAS, on April 9, 2013, the Code Enforcement Board ("CEB"), at a duly noticed
hearing, heard the violations as it related to Case No. CE2012012015, 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 July 2, 2013, in the Public Records of Miami -Dade
County at Book 28720 and Page 3667; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until May 31, 2022; and
WHEREAS, there is a resulting lien on the property in the amount of $1,608,000.00; and
WHEREAS, on November 20, 2012, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2012012550 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 January 30, 2013, in the Public Records of Miami -
Dade County at Book 28466 and Page 630; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until August 24, 2021; and
City of Miami Page 1 of 2 File ID: 12546 (Revision: A) Printed On: 113112023
File ID: 12546 Enactment Number: R-23-0025
WHEREAS, there is a resulting lien on the property in the amount of $1,545,500.00; and
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami
Dade County, Case Number 2022-014565-CA-01 (21); 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 based upon the foregoing;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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 hearing the argument of the Property Owner and
the advice and argument from the Code Compliance Department and any other relevant City
Department, the City Commission orders a mitigation in the amount of $56,500.00 as full and
final settlement of the Code Compliance violation issued under Case No. CE2012012015 from
the lien recorded on July 2, 2013, in the Public Records of Miami -Dade at Book 28720 and
Page 3667 and a mitigation in the amount of $56,500.00 as full and final settlement of the Code
Compliance violation issued under Case No. CE2012012550 from the lien recorded on January
30, 2013, in the Public Records of Miami -Dade at Book 28466 and Page 630.
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 ria i "ndez, Cify Attor iey 1/24/2023
' 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: 12546 (Revision: A) Printed on: 113112023