HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16229
Date: 06/13/2024
Commission Meeting Date: 07/11/2024
Type: Resolution
Subject: Mitigation - 58 NW 26 St
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
58 NW 26 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019018670.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
58 NW 26 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019018670, 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 is NOT funded by Bonds
Item has NOT an Expenditure
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
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Valentin J Alvarez
Arthur Noriega V
Patricia Arias
Maricarmen Lopez
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Review
City Manager Review
ACA Review
Meeting
Signed by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
06/14/2024 1:16 PM
06/14/2024 3:24 PM
06/17/2024 4:12 PM
06/24/2024 12:55 PM
06/25/2024 10:26 AM
06/25/2024 3:13 PM
07/01/2024 10:37 AM
07/11/2024 9:00 AM
07/19/2024 1:48 PM
07/19/2024 2:11 PM
07/11/2024 11:47 AM
Office of the City Attorney Patricia Arias ACA Review Completed 07/17/2024 12:18 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 07/30/2024 4:18 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0265
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16229 Final Action Date:7/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 58
NORTHWEST 26 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019018670,
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, 5058NW26ST, LLC ("Owner") is the Owner of the property located at 58
Northwest 26th Street, Miami, Florida ("Property") and seeks mitigation of the Code liens at issue
here; and
WHEREAS, the Property is a vacant land which was purchased in June, 2019 and is
located in City Commission District 5; and
WHEREAS, on October 2, 2019, Code Compliance case CE2019018670 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case were failure to maintain lot in safe, clean
condition and failure to register vacant lot; and
WHEREAS, the Code Case was heard on March 11, 2020, before the Code
Enforcement Board ("CEB"), and no one appeared for the Owner so 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 lien on this case was recorded as a Final Administrative Enforcement
Notice on March 25, 2020 in the Official Records of Miami -Dade County, Florida at Book 31869,
Page 4807; and
WHEREAS, that the affidavit of compliance was issued on shows that violations were
complied on January 27, 2022, and the total amount of per diem lien accrued was $171,500.00,
having run for 686 days; and
WHEREAS, the Owner requested that matter be scheduled for mitigation on January
28, 2022 and was scheduled for hearing on April 27, 2022 but due to an unforeseen and
unexpected emergency the Owner was unable to attend the scheduled mitigation hearing; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-007460 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 CE2019018670;
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/denies mitigation in the amount of $25,725.00 as full and final
settlement of the Code Compliance lien issued under Case No. CE2019018670.
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.