HomeMy WebLinkAboutR-24-0055City of Miami
Resolution R-24-0055
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15473 Final Action Date: 2/8/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 17
EAST FLAGLER STREET, SUITE 1, MIAMI, FLORIDA, CASE NUMBER
CE2021024622, 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, SEVENTEEN EAST FLAGLER, LLC ("Owner"), is the Owner of the property
located at 17 East Flagler Street, Suite 1, Miami Court, Miami, Florida ("Property") and seeks
mitigation of the Code liens at issue here; and
WHEREAS, the Property is a commercial, retail structure; and
WHEREAS, on November 28, 2021, Code Compliance case CE2021024622 ("Code
Case") was opened; and
WHEREAS, the violations of the Code Case were for failure to maintain the exterior of
the property as well as graffiti; and
WHEREAS, the Code Case was heard on April 7, 2022, 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 September 13, 2022, and the total amount of
per diem lien accrued was $130,750.00, having run for 523 days; and
WHEREAS, the lien on this case was recorded on April 14, 2022 with the Miami -Dade
Clerk of Court at recording book 33132 and page 3334; and
WHEREAS, the principal owner has prior violation on other owned properties for the
same offense however, this case is not one designated as a repeat violation; and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-26799-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
City of Miami Page 1 of 2 File ID: 15473 (Revision: B) Printed On: 5/17/2024
File ID: 15473 Enactment Number: R-24-0055
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 $19,612.50 (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 mitigation in the amount of $19,000.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2021024622.
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
2/20/2024
}ndez, City Httor4/8/2024
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: 15473 (Revision: B) Printed on: 5/17/2024