HomeMy WebLinkAboutMemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ,j a
DATE: April 13, 2023
RE: Proposed Settlement for City Commission Meeting- April 13, 2023
CEB Case No.: CE2021009618
212 Northwest 11 Street, Miami, FL
File 13715
The attached proposed Resolution seeks authorization to mitigate City of Miami's
Code Enforcement Board/Special Magistrate Case No. CE2021009618 as requested by
the Owner, Complex Transactions, LLC, for the property located at 212 Northwest 11
Street, Miami, Florida. Said mitigation would moot the pending litigation matter filed in
Circuit Court noted above.
The Office of the City Attorney has investigated and evaluated this mater and has
approved the recommendation of this request to be placed on the Commission calendar.
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/RSGD
Attachment(s)
13715 Back -Up Documents
q {Y City of Miami City Hall
3500 Pan American Drive
- Legislation Miami, FL 33133
8.,t.`$ Resolution www.miamigov.com
Enactment Number: R-23-0176
File Number: 13715 Final Action Date:4/13/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN FOR CASE NUMBER CE2021009618 ON
PROPERTY ADDRESS 212 NORTHWEST 11 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 LIEN; 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, Complex Transactions, LLC, a Florida corporation ("Owner'), owns the
property located at 212 Northwest 11 Street, Miami, Florida ("Property"), and seeks mitigation
of the fines at issue here; and
WHEREAS, the Property is a two (2) story commercial property located in City of Miami
("City") Commission District 5 and also encompasses addresses 214 and 216 Northwest 11
Street, Miami, Florida; and
WHEREAS, on November 4, 2021, the Owner pled not guilty but was found guilty by
the Code Enforcement Board ("CEB") after a hearing, for failing to have a valid Certificate of
Use and Business Tax Receipt under case number CE2021009618; and
WHEREAS, the Owner was provided sixty (60) days to comply the violations or a
$250.00 per diem to issue should there be a failure to timely comply; and
WHEREAS, no extensions of time were requested and the violations were complied
based upon all three (3) commercial units being vacated on March 2, 2023; and
WHEREAS, the total amount of per diem lien accrued at time of compliance was
$105,750.00, with the lien having run for 423 days; and
WHEREAS, the lien on this case was recorded on January 26, 2022 with the Miami -
Dade Clerk of Court at recording book 32983 and page 4096, and
WHEREAS, prior to compliance, the Owner filed to evict the violating tenant in June,
2022 under Miami -Dade County Court case number 2022-15108 CC 05; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-3995 CA 01 ("Court Case") based upon the lien accrued prior to
compliance to Quite Title and for Declaratory Relief; and
WHEREAS, the Owner requests 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 Owner does not have repeat violations for the same offense as defined
by the City Code and Florida Statute; and
WHEREAS, the parties have agreed to stay the Court Case pending the disposition of
this mitigation; and
WHEREAS, the City records reflecting the violations issued, hearing date and lien
amount and recordation are attached to this Resolution as "Exhibit A"; and
WHEREAS, the Owner offers mitigation in the amount of $5,000.00, to cover the City's
expended time and effort;
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 Complex Transactions,
LLC, 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
$26,437.50 as full and final settlement of the Code Compliance violation issued under Case
No. CE2018008270.
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:
' 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.
Z 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