HomeMy WebLinkAboutR-23-0468City of Miami
Resolution R-23-0468
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14669 Final Action Date: 10/12/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1901
WEST FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBER CE2014000776
AND PROPERTY ADDRESS 1917 WEST FLAGLER STREET, MIAMI,
FLORIDA, CASE NUMBERS CE2016008454 AND CE2013014655, 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, Pinar 19, LLC ("Owner"), is the owner of the property located at 1901 and
1917 West Flagler Street, Miami, Florida ("Properties") and seeks mitigation of the Code liens at
issue here; and
WHEREAS, both Properties house a commercial structure, and the current Owner took
title to the land in September of 2019 through inheritance; and
WHEREAS, for 1901 West Flagler Street, on January 15, 2014, the prior owner was
cited for failure to have a Certificate of Use, failure to have a Business Tax Receipt, an illegally
erected sign and graffiti under Code Compliance case number CE2014000776 ("Code Case");
and
WHEREAS, the Code Case was heard on March 4, 2014 before the Code Enforcement
Board ("CEB"), the prior owner failed to appear and was found guilty in absentia with ordered
immediate compliance and a $250.00 per diem lien if they failed to comply the violation; and
WHEREAS, the violation was complied on August 16, 2022 and the total amount of per
diem lien accrued was $764,000.00, having run for 3,056 days; and
WHEREAS, the lien on CE2014000776 was recorded as a Final Administrative
Enforcement Notice on July 24, 2014 with the Miami -Dade Clerk of Court at recording book
28241 and page 3642; and
WHEREAS, for 1917 West Flagler Street, on August 7, 2013, the prior owner was cited
for work performed without a permit under Code Compliance case number CE2013014655
("Code Case"); and
WHEREAS, the Code Case was heard on April 3, 2014 before the Code Enforcement
Board ("CEB"), the prior owner failed to appear and was found guilty in absentia with ordered
immediate compliance and a $250.00 per diem lien if they failed to comply the violation; and
City of Miami Page 1 of 3 File ID: 14669 (Revision: A) Printed On: 10/23/2023
File ID: 14669 Enactment Number: R-23-0468
WHEREAS, the violation was complied on August 16, 2022 and the total amount of per
diem lien accrued was $764,000.00, having run for 3,056 days; and
WHEREAS, on May 6, 2016, the prior owner was cited for an illegal unpermitted sign
under Code Compliance case number CE2016008454 ("Code Case"); and
WHEREAS, the Code Case was heard on September 14, 2016 before the Code
Enforcement Board ("CEB"), the prior owner failed to appear and was found guilty in absentia
with ordered immediate compliance and a $250.00 per diem lien if they failed to comply the
violation; and
WHEREAS, the violation was complied on June 22, 2017 and the total amount of per
diem lien accrued was $70,000.00, having run for 280 days ; and
WHEREAS, the lien on CE2013014655 was recorded as a Final Administrative
Enforcement Notice on July 28, 2014 with the Miami -Dade Clerk of Court at recording book
28246 and page 2070 and for CE2016008454 on December 14, 2016 with Miami -Dade Clerk of
Court at recording book 30344 and page 2324; and
WHEREAS, the Owner was not the owner at the time any of the violations were issued
and, if fact, received the Properties through; and
WHEREAS, the Properties were involved in probate prior to the Owner obtaining
ownership and it was not being managed by the prior owner's estate while the probate process
was ongoing; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-18003-CA-01 ("Court Case") to quiet title to the Properties; and
WHEREAS, the Owner requests the matters 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
WHEREAS, the Owner offers mitigation in the amount of $3,750.00 as full and final
settlement of the Code Case CE2014000776, $3,750.00 as full and final settlement of the Code
Case Code Compliance lien issued under Code Case CE2013014655 and $3,750.00 as full and
final settlement of the Code Compliance lien issued under Code Case CE2016008454.;
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 3% per case or $22,920.00 as full and
final settlement of the lien issued under Code Compliance case number CE2014000776,
City of Miami Page 2 of 3 File ID: 14669 (Revision: A) Printed on: 10/23/2023
File ID: 14669 Enactment Number: R-23-0468
$22,920.00 as full and final settlement of the lien issued under Code Compliance case number
CE2013014655 and $2,100.00 as full and final settlement of the lien issued under Code
Compliance case number CE2016008454.
Section 3. The City Commission further orders that should the current owner sell either
property within the next two (2) years, the mitigation amount shall be raised to 10% for each
case, inclusive of the 3% already ordered.
Section 4. 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 5. 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 6. 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 ) 10/16/2023
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: 14669 (Revision: A) Printed on: 10/23/2023