HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16587
Date: 08/29/2024
Commission Meeting Date: 09/26/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 2
Resolution
Mitigation - 460 Northeast 28 Street
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
460 NORTHEAST 28 STREET, CU-1, MIAMI, FLORIDA, CASE NUMBER
CE2021005143.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
460 NORTHEAST 28 STREET, CU-1, MIAMI, FLORIDA, CASE NUMBER
CE2021005143, 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 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
City Manager's Office
Legislative Division
Office of the City Attorney
City Commission
Legislative Division
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Maricarmen Lopez
Valentin J Alvarez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Deputy City Manager Review
City Manager Review
Legislative Review
ACA Review
Meeting
Legislative Division Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
09/04/2024 3:05 PM
09/05/2024 8:51 AM
09/09/2024 12:15 PM
09/11/2024 12:00 PM
09/11/2024 12:26 PM
09/11/2024 1:55 PM
09/12/2024 12:26 PM
09/12/2024 4:17 PM
09/26/2024 9:00 AM
10/02/2024 11:53 AM
Office of the Mayor
Office of the City Clerk
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Mayor's Office
City Clerk's Office
Rachel Dooley
George K. Wysong III
City Clerk's Office
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
10/02/2024 5:36 PM
10/02/2024 5:57 PM
10/04/2024 8:44 AM
Completed
10/07/2024 10:35 AM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0376
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16587 Final Action Date:9/26/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 460
NORTHEAST 28 STREET, CU-1, MIAMI, FLORIDA, CASE NUMBER CE2021005143,
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, Miami Blue Investments, LLC, ("Owner") is the owner of the property
located at 460 Northeast 28 Street, CU-1, Miami, Florida ("Property") and seeks mitigation of the
Code lien at issue here; and
WHEREAS, the Owner was not the owner at the time of violation issuance as they
purchased on June 27, 2024; and
WHEREAS, the Property is a condominium with commercial space located in City
Commission District 2; and
WHEREAS, on March 16, 2021, Code Compliance case CE2021005143 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case were for failure to obtain a certificate of use,
failure to obtain a business tax receipt for the current use and failure to renew both; and
WHEREAS, the Code Case was heard on March 9, 2022, before the Code Enforcement
Board ("CEB"), was found guilty, ordered to immediately comply and a $500.00 per diem lien
should compliance not be timely; and
WHEREAS, the Affidavit of Compliance was issued on March 8, 2024, and the total
amount of per diem lien accrued was $364,000.00, having run for 729 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on July 7, 2022 with the Miami -Dade Clerk of Court at recording book 33277 and page
2315; and
WHEREAS, the violating owner complied the case prior to the sale to Owner and the
Owner is using the Property in compliance with all City of Miami ("City") laws; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-14697 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 $36,450.00 as full and final
settlement of the CE2021005143 based upon the facts and circumstances as related above;
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 $36,450.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2021005143.
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.