HomeMy WebLinkAboutR-23-0403City of Miami
Resolution R-23-0403
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14434 Final Action Date: 9/14/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2926
SOUTHWEST 22 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018002836,
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, CC and DD, LLC ("Owner") is the owner of the property located at 2926
Southwest 22 Street, Miami, Florida ("Property") and seeks mitigation of the Code liens at issue
here; and
WHEREAS, the Property is vacant commercial land located on Coral Way; and
WHEREAS, on February 18, 2018, Code Compliance case CE2018002836 ("Code
Case") was opened; and
WHEREAS, the violations of the Code Case were failure to maintain the lot and failure to
register the vacant lot; and
WHEREAS, the Code Case was heard on April 11, 2018, by the Code Enforcement
Board ("CEB"), the Owner failed to appear and was found guilty in absentia with ordered
immediate compliance and a $250.00 per diem lien for failure to do so; and
WHEREAS, while the failure to maintain the lot was complied in March of 2018, before
the hearing, the failure to register the vacant lot was not complied until January 3, 2020, and the
total amount of per diem lien accrued was $157,750.00, having run for 631 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on April 19, 2018 at Book 30948 and Page 133 and an amended recording on May 16,
2019 at Book 31450 and Page 1098 with the Miami -Dade Clerk of Court; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit in and for Miami Dade
County, Florida, Case No. 2023-18963 CA 01 ("Court Case") to quiet title to the Property; 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 City and Owner have filed an Agreed Motion to Stay the Court Case
pending the disposition of this mitigation hearing; and
City of Miami Page 1 of 2 File ID: 14434 (Revision: A) Printed On: 9/26/2023
File ID: 14434 Enactment Number: R-23-0403
WHEREAS, the Owner offers mitigation in the amount of $23,662.50 or 15% as full and
final settlement of the Code Case;
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 Owner, the advice
and argument from the Code Compliance Department and any other relevant City Department,
the City Commission grants mitigation in the amount of $23,662.50 as full and final settlement of
the Code Compliance line issued under Case No. CE2018002836.
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:
ndez, City ktor
ey 9/18/2023
1 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: 14434 (Revision: A) Printed on: 9/26/2023