HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15719
Date: 03/12/2024
Commission Meeting Date: 04/11/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 3
Resolution
Mitigation - 1640 West Flagler Street
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
1640 WEST FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBER CE2016009162.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
1640 WEST FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBER CE2016009162,
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
Office of the Mayor
Office of the City Clerk
Legislative Division
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Maricarmen Lopez
Mayor's Office
City Clerk's Office
Marta Gomez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Review
ACA Review
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
03/20/2024 12:06 PM
03/20/2024 1:57 PM
03/20/2024 4:57 PM
03/20/2024 11:14 PM
04/01/2024 8:54 AM
04/01/2024 9:32 AM
04/01/2024 9:35 AM
04/11/2024 9:00 AM
04/19/2024 4:52 PM
04/19/2024 4:57 PM
04/23/2024 4:15 PM
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Rachel Dooley
George K. Wysong III
Marta Gomez
George K. Wysong III
City Clerk's Office
ACA Review Completed
Approved as to Form with Modifications
Approved Form and Correctness with Modification(s)
Approved Form and Correctness with Modification(s)
Rendered Completed
04/24/2024 10:21 AM
Completed
Skipped
Completed
05/14/2024 1:54 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0127
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15719 Final Action Date:4/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 1640 WEST
FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBER CE2016009162, 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, Maria Handal ("Owner") is the Owner of the property located at 1640 West
Flagler Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue here;
and
WHEREAS, the Property is a commercial space located in City Commission District 3;
and
WHEREAS, on May 16, 2016, Code Compliance case CE2016009162 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case were for failure to have a Certificate of Use
("CU"), failure to have a Business Tax Receipt ("BTR"), and for work without a permit, illegal
units, structure located in a required setback, and other various violations; and
WHEREAS, the Code Case was heard on April 26, 2017, with the Owner present, before
the Code Enforcement Board ("CEB") and the Property was found guilty, ordered to comply in
sixty (60) days, and ordered to pay a $250.00 per diem lien should compliance not be timely;
and
WHEREAS, the Affidavit of Compliance was issued on February 1, 2019, and the total
amount of per diem lien accrued was $146,000.00, having run for 584 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on July 21, 2017, with the Miami -Dade Clerk of Court at recording book 30621 and page
4049; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-2899 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 $11,000.00 as full and final
settlement of the CE2016009162;
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 $21,900.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2016009162.
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.