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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15945 Date: 04/19/2024 Commission Meeting Date: 05/09/2024 Type: Resolution Subject: Mitigation - 4111 N Miami Ave 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 LIEN RECORD FOR PROPERTY ADDRESS 4111 N MIAMI AVENUE, MIAMI, FLORIDA ED MAY 25, 2021 FOR CASE NUMBER CE2021- 000694. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED MAY 25, 2021 FOR CASE NUMBER CE2021-000694 FOR PROPERTY ADDRESS 4111 N MIAMI AVENUE, MIAMI, FLORIDA, 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 LIENS; 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 Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Barbara Hernandez Arthur Noriega V Valentin J Alvarez Deanna Rasco Mabel Betancourt Maricarmen Lopez Mayor'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 Unsigned by the Mayor Completed Completed Completed Completed Completed Completed Completed Skipped Completed Completed 04/19/2024 3:22 PM 04/21/2024 7:04 AM 04/23/2024 11:31 AM 04/23/2024 2:21 PM 04/23/2024 3:11 PM 04/23/2024 3:53 PM 04/29/2024 12:55 PM 04/25/2024 3:48 PM 05/09/2024 9:00 AM 05/17/2024 2:15 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 Deanna Rasco 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 2:31 PM 05/13/2024 3:59 PM 05/29/2024 9:37 AM Completed 06/11/2024 10:56 AM City of Miami Legislation Resolution Enactment Number: R-24-0177 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15945 Final Action Date:5/9/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN RECORDED MAY 25, 2021 FOR CASE NUMBER CE2021000694 FOR PROPERTY ADDRESS 4111 NORTH MIAMI AVENUE, MIAMI, FLORIDA, 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 LIENS; 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, Grupo Quadro Real Estate, LLC ("Owner"), owns the property located approximately at 4111 North Miami Avenue Miami, Florida ("Property"); and WHEREAS, on May 12, 2021, the Code Enforcement Board ("CEB"), at a duly noticed hearing, heard the violations as it related to Case No. CE2021000694; and WHEREAS, the Owner at the time failed to appear for the hearing and the CEB provided twenty-four (24) hours for compliance or a $250.00 per diem fine would issue; and WHEREAS, the lien was recorded on May 25, 2021 in Official Records Book 32527 at Page 3563: and WHEREAS, the Property remained non -compliant after the expiration of the allowable cure period and was non -compliant until November 14, 2022; and WHEREAS, there is a resulting lien on the property in the amount of $137,500.00; and WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami Dade County, Case Number 2024-4533 CA01 (11); and WHEREAS, the Owner has requested 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 Office of the City Attorney has investigated and evaluated this matter and recommends that said matter be heard based upon the foregoing; 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 Property Owner and the advice and argument from the Code Compliance Department and any other relevant City Department, the City Commission orders a mitigation in the amount of $13,750.00 as full and final settlement of the Code Compliance violations issued under Case No. CE2021000694 from the lien recorded with the Miami -Dade Clerk of Court at Official Records Book 32527 at Page 3563. 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.