Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15946 Date: 04/19/2024 Commission Meeting Date: 05/09/2024 Type: Resolution Subject: Mitigation - 984 SW 10 Street Purpose of Item: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 3 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 984 SW 10 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021021249. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT 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. 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 Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Barbara Hernandez Arthur Noriega V Valentin J Alvarez Rachel Dooley Mabel Betancourt Maricarmen Lopez Mayor's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Review ACA Review City Attorney Review Meeting Completed Completed Completed Completed Completed Completed Completed Skipped Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed 04/19/2024 3:24 PM 04/21/2024 7:07 AM 04/23/2024 11:32 AM 04/23/2024 3:51 PM 04/26/2024 6:10 PM 04/29/2024 8:45 AM 04/29/2024 3:01 PM 04/25/2024 3:54 PM 05/09/2024 9:00 AM 05/17/2024 2:18 PM 05/17/2024 2:32 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 05/13/2024 4:02 PM Office of the City Attorney Rachel Dooley ACA Review Completed 05/13/2024 5:19 PM Office of the City Attorney George K. Wysong III Approved Form and Correctness with Modification(s) Completed Office of the City Clerk City Clerk's Office Rendered Completed 05/29/2024 4:29 PM City of Miami Legislation Resolution Enactment Number: R-24-0181 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 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.