HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15919
Date: 04/17/2024
Commission Meeting Date: 05/09/2024
Type: Resolution
Subject: Mitigation - 1080 NE 80 Street
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
1080 NE 80 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2018025352 AND
CE2018025562.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
1080 NE 80 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2018025352 AND
CE2018025562, 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
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Valentin J Alvarez
Arthur Noriega V
Rachel Dooley
Mabel Betancourt
Maricarmen Lopez
Mayor's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Review
City Manager Review
ACA Review
City Attorney Review
Meeting
Unsigned by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
04/19/2024 2:52 PM
04/23/2024 9:35 AM
04/23/2024 11:26 AM
04/23/2024 11:34 AM
04/23/2024 12:20 PM
04/23/2024 3:09 PM
04/23/2024 4:00 PM
04/25/2024 3:36 PM
05/09/2024 9:00 AM
05/17/2024 2:12 PM
Office of the City Clerk
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
City Clerk's Office
Valentin J Alvarez
Rachel Dooley
George K. Wysong III
City Clerk's Office
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
05/17/2024 2:30 PM
05/13/2024 3:47 PM
05/13/2024 5:24 PM
Completed
05/29/2024 4:28 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0174
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15919 Final Action Date:5/9/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1080
NORTHEAST 80 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2018025352 AND
CE2018025562, 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, 80 ST Apartments, LLC ("Owner") is the Owner of the property located at
1080 Northeast 80 Street, Miami, Florida ("Property") and seeks mitigation of the Code liens at
issue here; and
WHEREAS, the Property is a multi -family residential property (4-units) which was
purchased in early 2018 and is located in City Commission District 5; and
WHEREAS, on December 11, 2018, Code Compliance case CE2018025352 ("Code
Case #1") was opened; and
WHEREAS, the violations of Code Case #1 were for work performed without a finalized
permit, to wit; installation of impact windows without a permit; and
WHEREAS, the Code Case was heard on May 6, 2021, before the Code Enforcement
Board ("CEB"), and no one appeared for the Owner and the case was heard in absentia, found
guilty, ordered to immediately comply, and a $250.00 per diem lien accrue should compliance
not be timely; and
WHEREAS, the affidavit of compliance for the violations was issued on April 18, 2023,
and the total amount of per diem lien accrued was $177,750.00, having run for 711 days; and
WHEREAS, the lien on Code Case #1 was recorded as a Final Administrative
Enforcement Notice on May 13, 2021 with the Miami -Dade Clerk of Court at recording book
32506 and page 3618; and
WHEREAS, on December 14, 2018, Code Compliance case CE2018025562 ("Code
Case #2") was opened, three (3) days after Code Case #1 was opened; and
WHEREAS, the violations of Code Case #2 were for failure to have a valid Certificate of
Use and Business Tax Receipt; and
WHEREAS, the Code Case was heard on April 4, 2019, before the Code Enforcement
Board ("CEB"), and no one appeared for the Owner and the case was heard in absentia, found
guilty, ordered to immediately comply, and a $250.00 per diem lien should compliance not be
timely; and
WHEREAS, the affidavit of compliance for the violations was issued on December 21,
2023, and the total amount of per diem lien accrued was $430,250.00.00, having run for 1,721
days; and
WHEREAS, the lien on Code Case #2 was recorded as a Final Administrative
Enforcement Notice on May 13, 2021 with the Miami -Dade Clerk of Court at recording book
31521 and page 2033; and
WHEREAS, the Owner began the permitting process for the windows under BD19-
0009731-001 and added to that other remodeling repairs that were necessary to the structure,
including roofing in 2020; and
WHERAS, until those permits were finalized, the Owner could not comply either Code
Case #1 or Code Case #2; and
WHEREAS, the permit was finalized on September 21, 2022, however, the Owner did
not contact the Code Compliance Department to inspect for compliance for Code Case #1 at
that time; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-28734 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 $15,000.00 as full and final
settlement of the CE2018025352, Code Case #1; and
WHEREAS, the Owner offers mitigation in the amount of $15,000.00 as full and final
settlement of the CE2018025562, Code Case #2;
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 $16,837.50 as full and final settlement of
the Code Compliance lien issued under Case No. CE2018025352 and $18,300.00 as full and
final settlement of the Code Compliance lien issued under Case No. CE2018025562
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.