HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15944
Date: 04/19/2024
Commission Meeting Date: 05/09/2024
Type: Resolution
Subject: Mitigation - 113 NE 1 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 LIEN RECORDED MARCH 30, 2023 FOR CASE
NUMBER CE2018024756 FOR PROPERTY ADDRESS 113 NE 1 STREET, MIAMI,
FLORIDA.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED MARCH 30, 2023 FOR CASE
NUMBER CE2018024756 FOR PROPERTY ADDRESS 113 NE 1 STREET, 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 3:04 PM
04/21/2024 7:03 AM
04/23/2024 11:26 AM
04/23/2024 12:39 PM
04/23/2024 3:08 PM
04/23/2024 4:24 PM
04/29/2024 12:48 PM
04/25/2024 3:50 PM
05/09/2024 9:00 AM
05/17/2024 2:16 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 2:32 PM
05/13/2024 3:56 PM
05/29/2024 9:47 AM
Completed
06/26/2024 3:18 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0178
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15944 Final Action Date:5/9/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED MARCH 30, 2023 FOR CASE NUMBER
CE2018024756 FOR PROPERTY ADDRESS 113 NE 1 STREET, 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, Old Federal Building Partnership ("Owner"), owns the property located
approximately at 113 Northeast 1 Street Miami, Florida ("Property"); and
WHEREAS, on June 6, 2019, the Code Enforcement Board ("CEB"), at a duly noticed
hearing, heard the violations as it related to Case No. CE2018024756; and
WHEREAS, the Owner was provided ninety (90) days, until September 4, 2019 for
compliance or a $250.00 per diem fine would issue; and
WHEREAS, the lien was recorded on March 30,2020 in Official Records Book 31875 at
Page 927: and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until May 5, 2021; and
WHEREAS, there is a resulting lien on the property in the amount of $152,250.00; and
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami
Dade County, Case Number 24-3682-CA-01(05); 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 $7,612.50 as full and
final settlement of the Code Compliance violations issued under Case No. CE2018024756 from
the lien recorded with the Miami -Dade Clerk of Court at Official Records Book 31875 at Page
927.
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.