HomeMy WebLinkAboutR-23-0511City of Miami
Resolution R-23-0511
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13069 Final Action Date: 11/16/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE
FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST
PROPERTY LOCATED AT 2199 NORTHWEST SOUTH RIVER DRIVE MIAMI,
FLORIDA, CASE NUMBER CE2012017388, RECORDED ON AUGUST 11,
2016, 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 LIENS; 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, Prestige Investments Enterprises Corp. ("Owner"), owns the property
located at 2199 Northwest South River Drive, Miami, Florida ("Property") and seeks mitigation of
the Code Compliance lien at issue here; and
WHEREAS, the Property is a commercial property; and
WHEREAS, the prior owner ("Prior Owner") was the party who committed the violation
that is the subject of Code Compliance case CE2012017388 ("Code Case"); and
WHEREAS, the violations of the Code Case were failure to maintain the lot in a safe
condition, work without a finalized permit, and illegally keeping poultry; and
WHEREAS, the Code Case was heard on February 12, 2013, before the Code
Enforcement Board ("CEB"), found guilty and provided until July 5, 2013 to comply or a $250.00
per diem lien would issue; and
WHEREAS, that violation was complied on January 4, 2022, and the total amount of per
diem lien accrued was $465,750.00, having run for 3105 days; and
WHEREAS, the lien was recorded on January 30, 2019 with the Miami -Dade Clerk of
Court at Recording Book 30188 and page 2419 of the Public Records of Miami -Dade County,
Florida; and
WHEREAS, the City of Miami ("City") filed suit in the Eleventh Judicial Circuit, of Miami
Dade County, under case number 2022-13748-CA-01 ("Court Case") to foreclose 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
City of Miami Page 1 of 2 File ID: 13069 (Revision: D) Printed On: 1/22/2024
File ID: 13069 Enactment Number: R-23-0511
WHEREAS, the City and Owner have filed an Agreed Motion to Stay the Court Case
pending the disposition of this mitigation hearing; and
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 the mitigation in the amount of $23,287.50 as full and final
settlement of the Code Compliance lien issued under Case No. 2012017388.
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:
ria
dez, i y ttor ey 12/8/2023
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 2 of 2 File ID: 13069 (Revision: D) Printed on: 1/22/2024