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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City 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 ti WHEREAS, the Property is a commercial, retail structure; and WHEREAS, on November 28, 2021, Code Compliance case CE2021024622 (Codg Case") was opened; and cn 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: 4/8/2024 mgp 15473 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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: y ttor ey 2/20/2024 rtj �LI cp 1 The herein authorization is further subject to compliance with all legal requirements that may bed 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: 418/2024 SUBSTITUTED City 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: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING T ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDR EAST FLAGLER STREET, SUITE 1, MIAMI, FLORIDA, CASE NU CE2021024622, AFTER A HEARING, AS REQUIRED BY SECT! THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDE AUTHORIZING THE AMOUNT APPROVED AS FULL AND F SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTH MANAGER OR DESIGNEE TO EXECUTE ANY AND AL NECESSARY, ALL IN FORMS ACCEPTABLE TO TH THE PURPOSES STATED HEREIN. AL IZING THE CITY OCUMENTS ITY ATTORNEY, FOR 2/2024 CODE S 17 ER N 2-817 OF WHEREAS, SEVENTEEN EAST FLAGLER, LLC (" ner"), is the Owner of the property located at 17 East Flagler Street, Suite 1, Miami Court, M. . mi, Florida ("Property") and seeks mitigation of the Code liens at issue here; and WHEREAS, the Property is a commercial, r:.il structure; and WHEREAS, on November 28, 2021, Co' Compliance case CE2021024622 ("Code Case") was opened; and WHEREAS, the violations of the Ode Case were for failure to maintain the exterior of the property as well as graffiti; and WHEREAS, the Code Case as heard on April 7, 2022, before the Code Enforcement Board ("CEB"), the Owner failed appear and was found guilty in absentia with ordered immediate compliance and a $/.0.00 per diem lien for failure to do so; and WHEREAS, that vi• tion was complied on September 13, 2022, and the total amount of per diem lien accrued w- $130,750.00, having run for 523 days; and WHEREAS, t Clerk of Court at re WHER same offens under lien on this case was recorded on April 14, 2022 with the Miami -Dade rding book 33132 and page 3334; and S, the principal owner has prior violation on other owned properties for the owever, this case is not one designated as a repeat violation; and EREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County, se 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 mmission as required by Section 2-817 of the Code of the City of Miami, Florida, as amended 'City Code"); and City of Miami Page of File ID: 15473 (Revision: A) Printed On: 4/8/2024 SUBSTITUTED 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 MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Reso tion 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 • ner, the advice and argument from the Code Compliance Department and any other relev t City Department, the City Commission grants mitigation in the amount of $19,000.00 as f and final settlement of the Code Compliance lien issued under Case No. CE2015000236. Section 3. Any ruling of the City Commission on mitigatio ay be appealed pursuant to the requirements set forth in Chapter 2, Article X of the City Co Section 4. The City Manager or designee is further thorizedl to execute any and all documents necessary, in forms acceptable to the City Att• ey, for the purposes stated herein. Section 5. This Resolution shall become effec ' e immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNE �T .ria - dez, ity ttor ey /20/2024 1 The r rein authorization is further subject to compliance with all legal requirements that may be imp• .ed, including but not limited to, those prescribed by applicable City Charter and City Code pr• isions. 2 the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days rom 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 of File ID: 15473 (Revision: A) Printed on: 4/8/2024 City of Miami Legislation Resolution SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 15473 Final Actio 'ate: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MIT '.ATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY PRESS 17 EAST FLAGLER STREET, SUITE 1, MIAMI, FLORIDA, CASE NUMB CE2021024622, AFTER A HEARING, AS REQUIRED BY SECTION 2-: OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHOR ING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF TH AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGE •R DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN ' ORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPO : S STATED HEREIN. WHEREAS, SEVENTEEN EAST FLAGLER, LLC ("Own- '), is the Owner of the property located at 17 East Flagler Street, Suite 1, Miami Court, Miami lorida ("Property") and seeks mitigation of the Code liens at issue here; and WHEREAS, the Property is a commercial, retail ructure; and WHEREAS, on November 28, 2021, Code • mpliance case CE2021024622 ("Code Case") was opened; and WHEREAS, the violations of the Cod- ase were for failure to maintain the exterior of the property as well as graffiti; and WHEREAS, the Code Case wa eard on April 7, 2022, before the Code Enforcement Board ("CEB"), the Owner failed to a••ear and was found guilty in absentia with ordered immediate compliance and a $250. ' i per diem lien for failure to do so; and - -' w yf WHEREAS, that violatiwas complied on September 13, 2022, and the total arritkint of per diem lien accrued was $ .0,750.00, having run for 523 days; and WHEREAS, the li- on this case was recorded on April 14, 2022 with the Miami -Dade Clerk of Court at recor• g book 33132 and page 3334; and WHEREAS he principal owner has prior violation on other owned properties for the same offense ho ever, this case is not one designated as a repeat violation; and WHE AS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under cas- umber 2023-26799-CA-01 ("Court Case") to quiet title to the Property; and Com ( HEREAS, the Owner requests the matter be set for mitigation before the City ission as required by Section 2-817 of the Code of the City of Miami, Florida, as amended 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 SUBSTITUTED 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 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 e advice and argument from the Code Compliance Department and any other relevant C. Department, the City Commission grants/denies a mitigation in the amount of $ as full and final settlement of the Code Compliance line issued under Case No. C 0 15000236. Section 3. Any ruling of the City Commission on mitigation may the requirements set forth in Chapter 2, Article X of the City Code. appealed pursuant to Section 4. The City Manager or designee is further author -dto execute any and all documents necessary, in forms acceptable to the City Attorney, .r the purposes stated herein. Section 5. This Resolution shall become effective im ' ediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: n: CFI e herein authorization is further subject to compliance with all legal requirements that may be posed, 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.