HomeMy WebLinkAboutR-23-0502City of Miami
Resolution R-23-0502
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14878 Final Action Date: 11/16/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 40
NORTHEAST 3 AVENUE, MIAMI, FLORIDA, CASE NUMBERS CE2019018150
AND CE2021012691, 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, Flagler 251, LLC, ("Owner") is the owner of the property located at 40
Northeast 3 Avenue, Miami, Florida ("Property") and seeks mitigation of the Code liens at issue
here; and
WHEREAS, the Property is a commercial shopping center which has multiple tenants
located in Commission District 2; and
WHEREAS, on September 19, 2019, Code Compliance case CE2019018150 ("2019
Code Case") was opened; and
WHEREAS, the violation of the Code Case was for work performed without a permit for
windows and shutters; and
WHEREAS, the Code Case was heard on July 14, 2021, where the Owner pled guilty
and was given 90 days to comply by the Code Enforcement Board ("CEB") which further
ordered failure to timely comply or request an extension would result in a per diem lien of
$250.00; and
WHEREAS, the violation not being timely complied, a lien was recorded on October 27,
2021 with the Miami -Dade Clerk of Court book 32815 and page 1383; and
WHEREAS, the affidavit of compliance shows that violation was complied August 16,
2023 after the permit for the work was finalized, and the total amount of per diem lien accrued
was $168,000.00, having run for 672 days; and
WHEREAS, on June 29, 2021, Code Compliance case CE2021012691 ("2021 Code
Case") was opened; and
WHEREAS, the violation of the Code Case was for tenant "Money Exchange" who did
not have the required certificate of use or business tax receipt, for which they could not comply
due to the City Code until the shutter violation was cleared; and
City of Miami Page 1 of 3 File ID: 14878 (Revision: A) Printed On: 11/28/2023
File ID: 14878 Enactment Number: R-23-0502
WHEREAS, the Code Case was heard on October 7, 2021, where the Owner pled guilty
and was given 90 days to comply by the Code Enforcement Board ("CEB") which further
ordered failure to timely comply or request an extension would result in a per diem lien of
$250.00; and
WHEREAS, the affidavit of compliance shows that violation was complied August 17,
2023, and the total amount of per diem lien accrued was $142,250.00, having run for 589 days;
and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-23243-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
WHEREAS, the Owner offers mitigation in the amount of $16,800.00 as full and final
settlement of the 2019 Code Case and $14,200.00 as full and final settlement of the 2021 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 $20,160.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2019018150 and abates to $0.00 as full
and final settlement of the Code Compliance lien issued under Case No. CE2021012691.
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
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 3 File ID: 14878 (Revision: A) Printed on: 11/28/2023
File ID: 14878 Enactment Number: R-23-0502
APPROVED AS TO FORM AND CORRECTNESS:
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ey ) 11/27/2023
City of Miami Page 3 of 3 File ID: 14878 (Revision: A) Printed on: 11/28/2023