HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15225
Date: 12/07/2023
Commission Meeting Date: 01/11/2024
Type: Resolution
Subject: Mitigation - 2085 NW 2nd Ave
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE
CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2085 NW 2
AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2020006794.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE
CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2085 NW 2
AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2020006794, 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 has NOT an Expenditure
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
Legislative Division
Office of the City Attorney
Office of the City Attorney
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
Valentin J Alvarez
Rachel Dooley
Victoria Mendez
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
Legislative Division Review Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
12/08/2023 11:49 AM
12/08/2023 1:02 PM
12/08/2023 3:54 PM
12/08/2023 3:55 PM
12/11/2023 12:50 PM
12/11/2023 3:21 PM
12/11/2023 5:58 PM
01/11/2024 9:00 AM
01/17/2024 9:23 AM
01/17/2024 9:33 AM
01/17/2024 1:07 PM
01/17/2024 2:20 PM
Completed
01/22/2024 9:49 AM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0015
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15225 Final Action Date:1/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2085
NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2020006794, 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, 170 NW 40 Street, Inc., ("Owner") is the owner of the property located at
2085 Northwest 2 Avenue, Miami, Florida ("Property") and seeks mitigation of the Code liens at
issue here; and
WHEREAS, the Property is a commercial, retail structure; and
WHEREAS, on March 27, 2020 Code Compliance case CE2020006794 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case related to Plaintiff's tenant's failure to have
a valid certificate of use and failure to have a business tax receipt, for his business within
Plaintiff's property; and
WHEREAS, the Code Case was heard on February 3, 2022, in absentia, before the
Code Enforcement Board ("CEB"), was found guilty with ordered immediate compliance and a
$500.00 per diem lien for failure to do so; and
WHEREAS, that the affidavit of compliance shows that violation was complied on
February 21, 2023, and the total amount of per diem lien accrued was $191,500.00, having run
for 383 days; and
WHEREAS, the lien on this case was recorded July 7, 2022 with the Miami -Dade Clerk
of Court at recording book 33277 and page 2022; and
WHEREAS, Plaintiff believed their tenant had addressed the issue but was unaware that
the tenant had suffered a major medical event just prior to the hearing and Plaintiff assisted with
bring the violations into compliance upon realizing the matter was not resolved; and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-15725-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 is not a repeat offender; and
WHEREAS, the Owner offers mitigation in the amount of $7,500.00 as full and final
settlement of the 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/denies a mitigation in the amount of $7,500.00 as full and final
settlement of the Code Compliance line issued under Case No. CE2020006794.
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.