HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15229
Date: 12/08/2023
Commission Meeting Date: 01/11/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 1
Resolution
Mitigation - 2302 / 2304 NW 7 Place
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE
CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2302 / 2304
NW 7 PLACE, MIAMI, FLORIDA, CASE NUMBERS CE2018021610 AND CE 2018021624
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE
CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2302 / 2304
NW 7 PLACE, MIAMI, FLORIDA, CASE NUMBERS CE2018021610 AND CE 2018021624,
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
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the Mayor
Office of the City Clerk
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
Valentin J Alvarez
Rachel Dooley
Victoria Mendez
Mayor's Office
City Clerk'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
Legislative Division Review
ACA Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Approved Form and Correctness with Modification(s)
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
12/08/2023 11:53 AM
12/08/2023 12:30 PM
12/08/2023 3:55 PM
12/08/2023 3:57 PM
12/11/2023 12:53 PM
12/12/2023 10:55 AM
12/12/2023 11:09 AM
01/11/2024 9:00 AM
01/16/2024 8:36 AM
01/16/2024 11:31 AM
Completed
01/17/2024 9:25 AM
01/17/2024 9:32 AM
01/22/2024 9:50 AM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0017
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15229 Final Action Date:1/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2302/2304
NORTHWEST 7 PLACE, MIAMI, FLORIDA, CASE NUMBERS CE2018021610 AND
CE2018021624, 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, TTHXX 761 AP, LLC ("Owner") is the owner of the property located at 2302
/ 2304 Northwest 7 Place, Miami, Florida ("Property"), also known as 761 Northwest 23 Street,
and seeks mitigation of the Code liens at issue here; and
WHEREAS, the Property is a commercial property located in City Commission District 1;
and
WHEREAS, on October 18, 2018, Code Compliance case CE2018021610 ("2302 Code
Case") was opened; and
WHEREAS, the violations of the Code Case were failure to have a valid certificate of
use, failure to have a business tax receipt and erection of a sign without a permit for unit 2302;
and
WHEREAS, the Code Case was heard on January 9, 2019, before the Code
Enforcement Board ("CEB"), a property representative was present but did not have a power of
attorney and the case was heard in absentia, found guilty and given sixty (60) days to comply or
a $250.00 per diem lien would be recorded; and
WHEREAS, that the affidavit of compliance shows that violations were complied on July
20, 2023, and the total amount of per diem lien accrued was $398,000.00, having run for 1,592
days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on March 26, 2019 with the Miami -Dade Clerk of Court at recording book 31379 and
page 2846; and
WHEREAS, Owner will provide an affidavit attesting to the fact that the tenant
responsible for the issuance of 2302 Code Case did in fact have a certificate of use dated
March 21, 2019 under Certificate No. 1903-000551, and vacated the property on or about
September 1, 2019 but the information was not provided at the time to the Department so that
the case could be reviewed and complied accordingly; and
WHEREAS, on October 18, 2018, Code Compliance case CE2018021624 ("2304
Code") was opened; and
WHEREAS, the violations of the Code Case for the same tenant were also failure to
have a valid certificate of use, failure to have a business tax receipt and erection of a sign
without a permit; and
WHEREAS, the Code Case was heard on January 9, 2019, before the Code
Enforcement Board ("CEB"), a property representative was present but did not have a power of
attorney and the case was heard in absentia, found guilty and given 60 days to comply or a
$250.00 per diem lien would be recorded; and
WHEREAS, that the affidavit of compliance shows that the last violation, BTR, was
complied on August 4, 2022, and the total amount of per diem lien accrued was $310,000.00,
having run for 1,242 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on March 26, 2019 with the Miami -Dade Clerk of Court at recording book 31379 and
page 2847; and
WHEREAS, Owner will provide an affidavit attesting to the fact that the tenant
responsible for the issuance of 2304 Code Case did in fact have a certificate of use dated
March 21, 2019 under Certificate No. 1903-000552, and due to the public health emergency
precipitated by the COVID-19 Pandemic's onset in Florida and across the United States,
officially vacated the property on or about July 31, 2022 but the information was not provided at
the time to the Department so that the case could be reviewed and complied accordingly; and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-23725 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 $10,000.00 as full and final
settlement of the CE2018021610 and $10,000.00 as full and final settlement of CE2018021624;
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 $10,000.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2018021610 and grants/denies mitigation
in the amount of $10,000.00 as full and final settlement of the Code Compliance lien issued
under Case No. CE2018021624.
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.