HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15690
Date: 03/05/2024
Commission Meeting Date: 03/14/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 2
Resolution
Mitigation - 5101 Biscayne Boulevard
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, CASE NUMBER CE2018024419.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, CASE NUMBER CE2018024419,
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 Mayor
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Maricarmen Lopez
Valentin J Alvarez
Rachel Dooley
Mayor'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
Signed by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
03/07/2024 8:12 AM
03/08/2024 2:01 PM
03/11/2024 11:00 AM
03/11/2024 11:22 AM
03/12/2024 10:45 AM
03/12/2024 12:35 PM
03/12/2024 2:02 PM
03/14/2024 9:00 AM
03/19/2024 1:25 PM
03/19/2024 1:28 PM
03/21/2024 9:23 AM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 03/21/2024 9:36 AM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 03/21/2024 2:50 PM
Office of the City Clerk City Clerk's Office Rendered Completed 03/21/2024 3:55 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0110
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15690 Final Action Date:3/14/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 5101
BISCAYNE BOULEVARD, MIAMI, FLORIDA, CASE NUMBER CE2018024419, 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, 5101 RE CO LLC ("Owner") is the Owner of the property located at 5101
Biscayne Boulevard, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, the Property is zoned T4-O and located in City Commission District 2; and
WHEREAS, on November 27, 2018, Code Compliance case CE2018024419 ("Code
Case #1") was opened; and
WHEREAS, the violations of the Code Case were for failure to maintain the structure of
the property, work performed without a finalized or required permit, failure to maintain the lot in
a safe and clean condition, failure to register the vacant, blighted or abandoned structure and
improper chain link fence; and
WHEREAS, the Code Case was heard on March 13, 2019, before the Code
Enforcement Board ("CEB"), and found guilty, the Owner was given sixty (60) days to comply or
a per diem lien in the amount of $250.00 would issue; and
WHEREAS, the case was complied on February 7, 2024 and the total amount of per
diem lien accrued was $432,500.00, having run for 1,729 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on July 8, 2019 with the Miami -Dade Clerk of Court at recording book 31514 and page
1748; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-2444 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 Owner's adjoining lot which had the mirror violation was complied by
Code Compliance and mitigated by the CEB however, this case, CE2018024419, was not
complied simultaneously and the lien kept running; 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 $6,625.00 as full and final
settlement of the CE2018024419 which was the amount of mitigation determined by the CEB for
the mirror violation on the adjoining property;
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 $6,625.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2018024419.
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:
ndez, City Attor
ey ) 3/21/2024
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.