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HomeMy WebLinkAboutAgenda Item Summary Form111111 111111 0 R Date: 10/13/2023 AGENDA ITEM SUMMARY FORM File ID: #14878 Commission Meeting Date: 11/16/2023 Type: Resolution Subject: Mitigation - Flagler 251, LLC Purpose of Item: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 2 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 40 NE 3 AVENUE, MIAMI, FLORIDA, CASE NUMBERS CE2019018150 AND CE2021012691 Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 40 NE 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. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Code Compliance Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Rachel Dooley Nicole Ewan Mayor's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Review ACA Review Meeting Unsigned by the Mayor Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed and Attested by the City Clerk Completed 10/23/2023 12:59 PM 10/24/2023 8:44 AM 10/24/2023 11:28 AM 10/24/2023 12:47 PM 10/25/2023 2:53 PM 10/26/2023 9:33 AM 10/27/2023 2:59 PM 11/16/2023 9:00 AM 11/22/2023 11:02 AM 11/22/2023 11:07 AM Office of the City Attorney Rachel Dooley ACA Review Completed 11/17/2023 3:53 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 11/22/2023 12:29 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness with Modification(s) Completed Office of the City Clerk City Clerk's Office Rendered Completed 11/27/2023 4:05 PM City of Miami Legislation Resolution Enactment Number: R-23-0502 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 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 APPROVED AS TO FORM AND CORRECTNESS: 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.