HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16332
Date: 07/05/2024
Commission Meeting Date: 07/25/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 4
Resolution
Mitigation - 3618 Holdings Development, LLC
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
3618 SW 16 TER, MIAMI, FLORIDA, CASE NUMBER CE00044865.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
3618 SW 16 TER, MIAMI, FLORIDA, CASE NUMBER CE00044865, 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
City Manager's Office
Legislative Division
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
Natasha Colebrook -Williams
Valentin J Alvarez
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
City Manager Review
Legislative 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
07/11/2024 2:41 PM
07/11/2024 4:20 PM
07/12/2024 1:38 PM
07/15/2024 8:22 AM
07/15/2024 3:20 PM
07/16/2024 7:47 AM
07/16/2024 10:31 AM
07/25/2024 9:00 AM
07/30/2024 3:16 PM
07/30/2024 3:26 PM
07/26/2024 1:55 PM
Office of the City Attorney Patricia Arias ACA Review Completed 07/29/2024 5:33 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 3:26 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0303
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16332 Final Action Date:7/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 3618
SOUTHWEST 16 TERRACE, MIAMI, FLORIDA, CASE NUMBER CE00044865,
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, 3618 Holdings Development, LLC ("Owner") is the previous owner of the
property located at 3618 Southwest 16 Terrace, Miami, Florida ("Property") and seeks
mitigation of the Code lien at issue as contemplated by an Escrow Agreement with the
current owner of the Property; and
WHEREAS, the Property is currently vacant land which was purchased in March,
2020 and is located in City Commission District 4; and
WHEREAS, on April 14, 2023, Code Compliance case CE00044865 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case were the following: work performed
without a permit; failure to maintain lot in safe, clean condition; outside storage; and illegally
parking commercial vehicle(s); and
WHEREAS, the Code Case was heard on June 7, 2023, before the Code
Enforcement Board ("CEB"), and no one appeared for the Owner so the case was heard in
absentia, found guilty, ordered to comply by June 12, 2023 and a $1,000.00 per diem lien
should compliance not be timely; and
WHEREAS, the lien on this case was recorded as a Final Administrative
Enforcement Notice on June 20, 2023 in the Official Records of Miami -Dade County, Florida
at Book 33753, Page 1555; and
WHEREAS, due to unforeseen personal circumstances, the Owner sold the Property
in November, 2023 but agrees to finalize and comply all the outstanding violations as part of
the sale agreement; and
WHEREAS, the Property did receive a final building approval on December 19, 2023
for its after the fact building permit to correct the work without permit;
WHEREAS, that the affidavit of compliance was issued on January 23, 2024,
reflecting full compliance which resulted in a lien amount of $225,000.00 since the per diem
fine ran for 225 days; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade
County, under case number 2024-011085 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 allowed 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 $33,250.00 as full and final
settlement of the CE00044865;
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 $33,250.00 and as full and final
settlement of the Code Compliance lien issued under Case No. CE00044865.
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.