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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15859 Date: 04/05/2024 Commission Meeting Date: 04/25/2024 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 3 Resolution Mitigation - 666 Biscayne Boulevard Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 666 BISCAYNE BOULEVARD, MIAMI, FLORIDA, CASE NUMBER CE2011002563. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 666 BISCAYNE BOULEVARD, MIAMI, FLORIDA, CASE NUMBER CE2011002563, 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 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 Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Barbara Hernandez Arthur Noriega V Valentin J Alvarez Rachel Dooley Mabel Betancourt Maricarmen Lopez Valentin J Alvarez Rachel Dooley George K. Wysong III Mayor's Office City Clerk's Office Department Head Review Completed Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Review Completed ACA Review Completed City Attorney Review Skipped Meeting Completed Legislative Division Review Completed ACA Review Completed Approved Form and Correctness with Modification(s) Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed 04/15/2024 12:12 PM 04/15/2024 1:14 PM 04/15/2024 3:21 PM 04/16/2024 3:13 PM 04/16/2024 6:57 PM 04/16/2024 7:04 PM 04/16/2024 7:59 PM 04/12/2024 11:48 AM 04/25/2024 9:00 AM 04/25/2024 5:24 PM 04/26/2024 8:21 AM Completed 05/01/2024 3:52 PM 05/01/2024 4:28 PM Office of the City Clerk City Clerk's Office Rendered Completed 05/06/2024 10:36 AM City of Miami Legislation Resolution Enactment Number: R-24-0156 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15859 Final Action Date:4/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 666 BISCAYNE BOULEVARD, MIAMI, FLORIDA, CASE NUMBER CE2011002563, 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, 600 Biscayne LLC ("Owner"), is the Owner of the property located at 666 Biscayne Boulevard, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue here; and WHEREAS, the Owner was not the owner at the time of violation; and WHEREAS, the Property is a vacant lot and located in City Commission District 3; and WHEREAS, on February 10, 2011, Code Compliance case CE2011002563 ("Code Case") was opened; and WHEREAS, the violations of the Code Case was for failure to have a Certificate of Use ("CU"); and WHEREAS, the Code Case was heard on July 27, 2011, before the Code Enforcement Board ("CEB"), the matter was heard in absentia and found guilty, ordered to immediately comply, and a $250.00 per diem lien ordered should compliance not be timely; and WHEREAS, the Affidavit of Compliance was issued on February 29, 2024, and the total amount of per diem lien accrued was $1,149,750.00, having run for 4,599 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on August 19, 2014 with the Miami -Dade Clerk of Court at recording book 29274 and page 4477; and WHEREAS, the tenant was operating a parking lot without the required CU and was eventually evicted; and WHEREAS, all property structures have been demolished as of 2021 and new construction application has been started; however, the outstanding lien in this matter is affecting the Owner's ability to move forward; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-4468 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 $18,000.00 as full and final settlement of the CE2011002563; 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 $300,000.00 as full and final settlement of the Code Compliance lien issued under Case No. CE2011002563. 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.