The URL can be used to link to this page

Home My WebLink AboutAgenda Item Summary Form111111 111111 11 11 O g Date: 10/13/2023 AGENDA ITEM SUMMARY FORM File ID: #14883 Commission Meeting Date: 11/16/2023 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 5 Resolution Mitigation - Muhammed 173 NW 11 ST Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 173 NW 11 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2015004160, CE2018010737. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 173 NW 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. Budget Impact Analysis Item is 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 Office of the City Attorney 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 Rachel Dooley Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Review ACA Review Meeting Completed Completed Completed Completed Completed Completed Completed Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed ACA Review Completed 10/23/2023 1:07 PM 10/24/2023 8:52 AM 10/24/2023 11:45 AM 10/24/2023 12:44 PM 10/25/2023 2:54 PM 10/26/2023 9:16 AM 10/27/2023 3:07 PM 11/16/2023 9:00 AM 11/22/2023 11:03 AM 11/22/2023 11:08 AM 11/17/2023 3:44 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 11/17/2023 4:01 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 3:36 PM City of Miami Legislation Resolution Enactment Number: R-23-0504 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 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. 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. APPROVED AS TO FORM AND CORRECTNESS: