Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15473 Date: 01/25/2024 Commission Meeting Date: 02/08/2024 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 5 Resolution Mitigation - Seventeen E Flagler Street LLC Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 17 E FLAGLER STREET, SUITE 1, MIAMI, FLORIDA, CASE NUMBER CE2021024622 Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 17 E 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 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 Legislative Division Office of the City Attorney Office of the City Attorney Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Rachel Dooley Nicole Ewan Valentin J Alvarez Rachel Dooley Victoria Mendez 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 Meeting Completed Legislative Division Review Completed ACA Review Completed Approved as to Form with Modifications 01/30/2024 8:56 AM 01/30/2024 1:14 PM 01/30/2024 2:21 PM 01/30/2024 3:32 PM 01/30/2024 5:23 PM 01/30/2024 5:27 PM 01/30/2024 5:32 PM 02/08/2024 9:00 AM 02/09/2024 8:56 AM 02/12/2024 1:55 PM Completed Office of the Mayor Office of the City Clerk Office of the City Attorney Office of the City Clerk Legislative Division Office of the City Attorney Office of the City Attorney Mayor's Office City Clerk's Office Victoria Mendez City Clerk's Office Valentin J Alvarez Rachel Dooley Victoria Mendez Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Approved Form and Correctness with Modification(s) Rendered Completed Legislative Division Review Completed ACA Review Completed Approved Form and Correctness with Modification(s) 02/14/2024 4:43 PM 02/14/2024 4:45 PM Completed 02/20/2024 1:50 PM 04/05/2024 10:08 AM 04/05/2024 10:19 AM Completed City of Miami Legislation Resolution Enactment Number: R-24-0055 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 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: Revision B has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of Revision A. 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.