HomeMy WebLinkAboutR-23-0504City of Miami
Resolution R-23-0504
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14883 Final Action Date: 11/16/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 173
NORTHWEST 11 STREET, MIAMI, FLORIDA, CASE NUMBERS
CE2015004160, CE2018010737, 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, Mussadiq Muhammed ("Owner") is the owner of the property located at 173
Northwest 11 Street, Miami, Florida ("Property") and seeks mitigation of the Code liens at issue
here; and
WHEREAS, the Property is currently commercially zoned vacant land and located in
Commission District 5; and
WHEREAS, on March 26, 2015 Code Compliance case CE2015004160 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case were failure to register vacant structure,
failure to maintain the exterior and improper outside storage; and
WHEREAS, the Code Case was heard on July 22, 2015, before 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, the affidavit of compliance shows that violation was complied on June 6,
2023, and the total amount of per diem lien accrued was $718,750.00, having run for 2,875
days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on September 16, 2015 with the Miami -Dade Clerk of Court at recording book 29779 and
page 4556; and
WHEREAS, on May 22, 2018 Code Compliance case CE2018010737 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case were for graffiti, failure to maintain the lot,
improper storage of vehicles, parking on unimproved surfaces; and
City of Miami Page 1 of 3 File ID: 14883 (Revision: A) Printed On: 11/30/2023
File ID: 14883 Enactment Number: R-23-0504
WHEREAS, the Code Case was heard on July 25, 2018, before 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, that the affidavit of compliance shows that violation was complied on May
30, 2023, and the total amount of per diem lien accrued was $442,250.00, having run for 1,769
days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on July 31, 2019 with the Miami -Dade Clerk of Court at recording book 31549 and page
1032; and
WHEREAS, the two pending Unsafe Structure cases from the Building Department will
be complied when the demolition plans and permits are approved; and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-16356-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 $500.00 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 $250.00 as full and final settlement of
the Code Compliance line issued under Case No. CE2015004160 and grants a mitigation in the
amount of $250.00 as full and final settlement of the Code Compliance line issued under Case
No. CE2018010737.
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.
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.
City of Miami Page 2 of 3 File ID: 14883 (Revision: A) Printed on: 11/30/2023
File ID: 14883 Enactment Number: R-23-0504
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 11/20/2023
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: 14883 (Revision: A) Printed on: 11/30/2023