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HomeMy WebLinkAboutR-24-0105City of Miami Resolution R-24-0105 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15600 Final Action Date: 3/14/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2071 NORTHWEST 6 PLACE, MIAMI, FLORIDA, CASE NUMBER CE2016001863, 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, 2071 NW 6 Place Realty, LLC ("Owner") is the Owner of the property located at 2071 Northwest 6 Place, Miami, Florida ("Property") and seeks mitigation of the Code liens at issue here; and WHEREAS, the Property is currently a vacant lot which is zoned for industrial / work place use located in Commission District 1; and WHEREAS, on February 4, 2016, Code Compliance case CE2016001863 ("Code Case") was opened; and WHEREAS, the violations of the Code Case were failure to maintain the lot in a clean and safe condition; and WHEREAS, the Code Case was heard on May 5, 2017, 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 violation was complied on December 17, 2018, and the total amount of per diem lien accrued was $147,750.00, having run for 591 days; and WHEREAS, the lien on this case was recorded on May 17, 2017 with the Miami -Dade Clerk of Court at recording book 30537 and page 1716, and WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2023-26804-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 City of Miami Page 1 of 2 File ID: 15600 (Revision: A) Printed On: 4/1/2024 File ID: 15600 Enactment Number: R-24-0105 WHEREAS, the Owner offers mitigation in the amount of $22,162.50 (15%) 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 a mitigation in the amount of $22,162.50 as full and final settlement of the Code Compliance line issued under Case No. CE2016001863. 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 ) 3/28/2024 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. City of Miami Page 2 of 2 File ID: 15600 (Revision: A) Printed on: 4/1/2024