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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15879 Date: 04/11/2024 Commission Meeting Date: 04/25/2024 Type: Resolution Subject: Mitigation - 115 NW 60 Street Purpose of Item: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 5 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 115 NW 60 STREET, MIAMI, FLORIDA, CASE NUMBER 00006048. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 115 NW 60 STREET, MIAMI, FLORIDA, CASE NUMBER 00006048, 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 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 Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Review ACA Review City Attorney Review Meeting Legislative Division Review ACA Review Completed Completed Completed Completed Completed Completed Completed Skipped Completed Completed Completed 04/15/2024 12:15 PM 04/15/2024 1:30 PM 04/15/2024 3:24 PM 04/16/2024 3:16 PM 04/16/2024 6:58 PM 04/16/2024 7:26 PM 04/16/2024 8:02 PM 04/12/2024 11:50 AM 04/25/2024 9:00 AM 04/25/2024 5:26 PM 04/26/2024 8:23 AM Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 04/29/2024 11:48 AM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 05/01/2024 3:54 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 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-24-0157 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15879 Final Action Date:4/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 115 NORTHWEST 60 STREET, MIAMI, FLORIDA, CASE NUMBER 00006048, 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, Armada Holdings, LLC ("Owner") is the Owner of the property located at 115 Northwest 60 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue here; and WHEREAS, the Property is a vacant lot, zoned T3-O and is located in City Commission District 5 which has been vacant for more than twenty (20) years; and WHEREAS, on February 22, 2022, Code Compliance case 00006048 ("Code Case") was opened; and WHEREAS, the violations of the Code Case were for failure to maintain the lot leaving it overgrown; and WHEREAS, the Code Case was heard on May 5, 2022, before the Code Enforcement Board ("CEB"), found guilty and the Owner was required to comply immediately or a lien in the amount of $500.00 would issue; and WHEREAS, the case was complied on March 8, 2023 and the total amount of per diem lien accrued was $153,000.00, having run for 306 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on May 19, 2022 with the Miami -Dade Clerk of Court at recording book 33193 and page 4014; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-5515 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 offers mitigation in the amount of $15,300.00 as full and final settlement of the Code Case, 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 $22,950.00 as full and final settlement of the Code Compliance lien issued under Case No. 00006048. 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.