HomeMy WebLinkAboutR-23-0077City of Miami
Resolution R-23-0077
Legislation
File Number: 13113
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/9/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED FEBRUARY 28, 2013 AND RE-
RECORDED ON MAY 15, 2019 FOR CASE NUMBER CE2012013333 AND
THE CODE ENFORCEMENT LIEN RECORDED ON MAY 31, 2007 FOR CASE
NUMBER CE2006014822 FOR PROPERTY ADDRESS 607-609 NORTHWEST
75 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 NEGOTIATE AND EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PURPOSES STATED HEREIN.
WHEREAS, CARRERA USA, LLC ("Owner'), owns the property located approximately
at 607-609 Northwest 75 Street Miami, Florida ("Property"); and
WHEREAS, on January 10, 2013, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2012013333; 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 28, 2013 and rerecorded on May 15,
2019 in Official Records Book 28508 at Page 4403 and Official Record Book 31443 at Page
3966, respectively; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until October 13, 2013; and
WHEREAS, there is a resulting lien on the Property in the amount of $68,000.00; and
WHEREAS, on February 28, 2007, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2006014822; 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 May 31, 2007 in Official Records Book 25661 at
Page 3337: and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until October 9, 2013; and
City of Miami Page 1 of 3 File ID: 13113 (Revision: A) Printed On: 3/3/2023
File ID: 13113 Enactment Number: R-23-0077
WHEREAS, there is a resulting lien on the property in the amount of $603,500.00; and
WHEREAS, the property was sold at a tax deed for the non-payment of taxes. (Tax
Deed File No. 2013A00641); and
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami
Dade County, Case Number 2022-019670-CA-01(05); and
WHEREAS, the new 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 of
Miami ("City") Department, the City Commission orders a mitigation in the amount of $43,000.00
as full and final settlement of the Code Compliance violations issued under Case No.
CE2012013333 from the lien recorded with the Miami -Dade Clerk of Court at Official Records
Book 28508 at Page 4403 and rerecorded Official Record Book 31443 at Page 3966 and Case
No. CE2006014822 from the lien recorded with the Miami -Dade Clerk of Court at Official
Records Book 256618 at Page 3337. Payment shall be made within twenty (20) days. Failure to
make this payment, will result in the original fines be reinstated.
Section 3. This mitigation is subject to the Property Owner commencing a mulching
facility at the Property within three (3) years from the enactment of this Resolution. Failure of
the Property Owner to commence operation of a mulching facility within the two (2) years, the
Property Owner shall owe an additional $24,150.00 for the outstanding code liens.
Section 4. The Property Owner is hereby required to execute a covenant in favor of City
outlining the requirements of this resolution.
Section 5. 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 6. 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 7. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
' 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.
City of Miami Page 2 of 3 File ID: 13113 (Revision: A) Printed on: 3/3/2023
File ID: 13113
Enactment Number: R-23-0077
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4naindez, City Attor iey 3/2/2023
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 3 of 3 File ID: 13113 (Revision: A) Printed on: 3/3/2023