HomeMy WebLinkAboutR-23-0402City of Miami
Resolution R-23-0402
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14356 Final Action Date: 9/14/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES
7010, 7012, 7020 AND 7050 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, FOR
CASE NUMBERS CE202100472, CE2021005113, CE2021005112,
CE2021004720 AND CE2021005111, 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, Nickelli Lovaski Pierre ("Owner") owned 7010, 7012, 7020 and 7050
Northeast 2 Avenue, Miami, Florida ("Properties") at the time of violation and compliance and
seeks mitigation of the Code liens at issue here based upon authority provided in the closing
statement for the sales of the Properties; and
WHEREAS, the Properties are sequential lots, two of which are vacant lots, 7010 and
7012, while 7020 and 7050 contain commercial buildings; and
WHEREAS, Property 7010 was issued violation CE2021004721 on March 10, 2021 for
parking on unimproved surfaces, parking of untagged vehicles and storage of material and
debris, the case went to hearing on July 14, 2021 was found in violation and order to comply
within sixty (60) days or be subject to a $250.00 per diem fine; and
WHEREAS, a lien was recorded on September 20, 2021, with the Miami -Dade Clerk of
Court and the lien ran 295 days before being complied on July 5, 2022 with a total lien due and
owing of $73,750.00; and
WHEREAS, Property 7012 was issued violation CE202100005113 on March 16, 2021
for failing to maintain the vacant lot, the case went to hearing on July 14, 2021 was found in
violation and order to comply within sixty (60) days or be subject to a $250.00 per diem fine;
WHEREAS, a lien was recorded on September 20, 2021, with the Miami -Dade Clerk of
Court and the lien ran 295 days before being complied on July 5, 2022 with a total lien due an
owing of $73,750.00; and
WHEREAS, Property 7020 was issued violation CE2021005112 and CE2021004720 in
March of 2021for failure to maintain the vacant lot and for work without a permit and having
illegal games of chance, the cases went to hearing on July 14, 2021, and were found in violation
and order to comply within sixty (60) days or be subject to a $250.00 per diem fine;
City of Miami Page 1 of 3 File ID: 14356 (Revision: A) Printed On: 9/28/2023
File ID: 14356 Enactment Number: R-23-0402
WHEREAS, Code Case CE2021005112 had its lien recorded on August 2, 2021, with
the Miami -Dade Clerk of Court and it ran for a total of 368 days before being complied on July 5,
2022 with a total lien due and owing of $92,000.00; and
WHEREAS, Code Case CE2021004720 had its line recorded on September 20, 2021,
with the Miami -Dade Clerk of Court and it rant for a total of 303 days before being complied on
July 13, 2022, with a total due and owing of $75,750.00; and
WHEREAS, Property 7050 was issued violation CE202100511 1 ("Code Case") on
March 16, 2021 for failure to maintain the lot, the case went to hearing on July 14, 2021 was
found in violation and order to comply immediately or be subject to a $500.00 per diem fine;
WHEREAS, a lien was recorded on September 20, 2021, with the Miami -Dade Clerk of
Court and the lien ran 299 days before being complied on July 5, 2022, with a total lien due and
owing of $149,500.00; and
WHEREAS, for the contiguous lots, the total amount of liens for all four (4) Properties is
$464,750.00; and
WHEREAS, Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-18684-CA-01 ("Court Case") on June 27, 2023; and
WHEREAS, 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, Owner and the City have filed an Agreed Motion to Stay the Court Case
pending the disposition of this mitigation hearing; and
WHEREAS, the Owner offers mitigation in the amount of 10% for all cases or
$46,475.00 as full and final settlement of the Code Cases;
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 a 75% reduction per case as full and
final settlement of the Code Compliance liens issued as follows:
CE2021004721 is reduced to $18,437.50;
CE2021005113 is reduced to $18,437.50;
CE2021005112 is reduced to $23,000.00;
CE2021004720 is reduced to $18,937.50; and
CE2021005111 is reduced to $37,375.00
The total amount of the liens was $464,750.00 and is reduced to $116,187.50.
City of Miami Page 2 of 3 File ID: 14356 (Revision: A) Printed on: 9/28/2023
File ID: 14356 Enactment Number: R-23-0402
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 Attor 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 3 of 3 File ID: 14356 (Revision: A) Printed on: 9/28/2023