HomeMy WebLinkAboutR-24-0181City of Miami
Resolution R-24-0181
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15946 Final Action Date: 5/9/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 984
SW 10 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021021249, 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, VQ Everglades Homes, LLC ("Owner") is the Owner of the property located
at 984 Southwest 10 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at
issue here; and
WHEREAS, the Property is zoned T3-O and located in City Commission District 3; and
WHEREAS, on October 14, 2021, Code Compliance case CE2021021249 ("Code
Case") was opened; and
WHEREAS, the violations of the Code Case were for failure to have a Certificate of Use,
Failure to have a Business Tax Receipt, Improper Outside Storage, and Failure to Maintain the
Exterior; and
WHEREAS, the Code Case was heard on December 8, 2021, before the Code
Enforcement Board ("CEB"), found guilty and the Owner was required to comply immediately or
a lien in the amount of $250.00 would issue; and
WHEREAS, the case was complied on February 7, 2024 and the total amount of per
diem lien accrued was $195,500.00, having run for 782 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on January 19, 2022 with the Miami -Dade Clerk of Court at recording book 32968 and
page 4455; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-1670 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
City of Miami Page 1 of 2 File ID: 15946 (Revision: A) Printed On: 5/30/2024
File ID: 15946 Enactment Number: R-24-0181
WHEREAS, the Owner has violations for the same issue for properties owned under
different entity names but was not denoted for repeat violations in this case; and
WHEREAS, the Owner offers mitigation in the amount of $12,500.00 as full and final
settlement of the CE2021021249;
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 $29,250.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2021021249.
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.
City of Miami Page 2 of 2 File ID: 15946 (Revision: A) Printed on: 5/30/2024