HomeMy WebLinkAboutR-24-0350City of Miami
Resolution R-24-0350
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16310 Final Action Date: 9/12/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 5101
NORTHWEST 17 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2016017680,
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, Ebony Dottery ("Owner") is the owner of the property located at 5101
Northwest 17 Avenue, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, The Property is a commercial lot located in City Commission District 5; and
WHEREAS, on September 9, 2016, Code Compliance case CE2016017680 ("Code
Case") was opened on the Property; and
WHEREAS, the violation of the Code Case was for work performed without a permit for
a six (6) foot high electrical fence with motor; and
WHEREAS, the Code Case was heard before the Code Enforcement Board ("CEB") on
February 2, 2017 in absentia as the Owner failed to appear and the CEB found the Property in
violation, ordered compliance in twenty-four (24) hours and a $250.00 per diem lien should
compliance not be timely; and
WHEREAS, the affidavit of compliance was issued on December 15, 2022 and the total
amount of per diem lien accrued was $535,250.00, having run for 2,141 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on February 16, 2017 with the Miami -Dade Clerk of Court at recording book 30425 and
page 1551; and
WHEREAS, the fence was demolished under permit number BD22-024001-001 and
finalized on November 28, 2022; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-15056 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
City of Miami Page 1 of 2 File ID: 16310 (Revision: A) Printed On: 9/30/2024
File ID: 16310 Enactment Number: R-24-0350
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 $5,000.00 as full and final
settlement of the CE2016017680;
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 $12,150.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2016017680.
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:
rge
ng III, C ty ttor -y 9/26/2024
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.
City of Miami Page 2 of 2 File ID: 16310 (Revision: A) Printed on: 9/30/2024