HomeMy WebLinkAboutR-24-0126City of Miami
Resolution R-24-0126
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15598 Final Action Date: 4/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 1115
NORTHWEST 54 STREET, MIAMI, FLORIDA, CASE NUMBER CE2017012101,
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, 54 Gas Station, LLC, ("Owner") is the Owner of the property located at 1115
Northwest 54 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, the Property is gas station inherited in June of 2020 and is located in City
Commission District 5; and
WHEREAS, on July 5, 2017, Code Compliance case CE2017012101 ("Code Case") was
opened; and
WHEREAS, the violation of the Code Case was for failure to maintain the commercial
lot; and
WHEREAS, the Code Case was heard on December 17, 2017, before the Code
Enforcement Board ("CEB"), there was a finding of guilt, ordered to immediately comply, and a
$250.00 per diem lien was ordered should compliance not be timely; and
WHEREAS, the Affidavit of Compliance was issued on December 27, 2023, and the total
amount of per diem lien accrued was $552,500.00, having run for 2,210 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on March 14, 2018 with the Miami -Dade Clerk of Court at recording book 30896 and
page 1631; and
WHEREAS, the prior owner had emailed the Code Compliance Inspector in February of
2018 that the Property had been cleared however, there was no follow up by the prior owner
and no showing the Code Compliance Inspector checked out the Property for compliance; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-1277 CA 01 ("Court Case") to quiet title to the Property; and
City of Miami Page 1 of 2 File ID: 15598 (Revision: A) Printed On: 4/26/2024
File ID: 15598 Enactment Number: R-24-0126
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 $20,000.00 as full and final
settlement of the CE2017012101;
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 $20,000.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2017012101.
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 ttor ey 4/11/2024
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: 15598 (Revision: A) Printed on: 4/26/2024