HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16588
Date: 08/29/2024
Commission Meeting Date: 10/15/2024
Type: Resolution
Subject: Mitigation - 5 East Flagler Street
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 2
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 5
EAST FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBERS CE2021024620.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 5
EAST FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBERS CE2021024620,
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
Office of the City Attorney
City Commission
City Commission
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Nicole Ewan
Nicole Ewan
Maricarmen Lopez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Deputy City Manager Review
City Manager Review
Legislative Review
ACA Review
Approved Form and Correctness
Meeting
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
09/04/2024 3:10 PM
09/05/2024 8:52 AM
09/09/2024 12:19 PM
09/09/2024 1:41 PM
09/11/2024 12:28 PM
09/11/2024 1:55 PM
09/18/2024 4:48 PM
09/19/2024 4:56 PM
10/08/2024 5:01 PM
10/10/2024 9:00 AM
10/15/2024 9:00 AM
Legislative Division
Office of the City Attorney
Office of the Mayor
Office of the City Clerk
Office of the City Attorney
Office of the City Clerk
Valentin J Alvarez
Rachel Dooley
Mayor's Office
City Clerk's Office
George K. Wysong III
City Clerk's Office
Legislative Division Review
ACA Review
Unsigned by the Mayor
Completed
Completed
Completed
Signed and Attested by the City Clerk Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
10/22/2024 9:10 AM
10/22/2024 10:19 AM
10/23/2024 11:22 PM
10/23/2024 11:29 PM
Completed
10/28/2024 3:41 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0406
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16588 Final Action Date:10/15/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 5 EAST
FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBER CE2021024620, 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, Natan Roberto Rok, ("Owner") is the owner of the property located at 5 East
Flagler Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue here;
and
and
WHEREAS, the Property is a commercial structure located in City Commission District 2;
WHEREAS, the Property is not a repeat violator; and
WHEREAS, on November 28, 2021, Code Compliance case CE2021024620 ("Code
Case") was opened; and
WHEREAS, the violations of the Code Case were for failure to meet illumination
standards and graffiti on the Property; and
WHEREAS, the Code Case was heard on May 5, 2022, before the Code Enforcement
Board ("CEB"), no one appeared for the Owner so the matter was heard in absentia, the
Property found guilty, ordered to immediately comply and a $500.00 per diem lien should
compliance not be timely; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on May 18, 2022, with the Miami -Dade Clerk of Court at recording book 33191 and page
4664; and
WHEREAS, the Owner has averred that the lighting issue related to a faulty timer that
was not allowing for illumination during the proper hours, which was fixed as of March 2023, and
in fact, the property recertification was granted after permitting was completed August 23, 2023;
and
WHEREAS, the Owner admits, that subsequent to taking care of the violations, they
failed to timely notify Code Compliance and request a reinspection of the Property to confirm
compliance of the violations; and
WHEREAS, the violation was issued a compliance affidavit on July 1, 2024, and the total
amount of per diem lien accrued was $393,500.00, having run for 787 days; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-13827 CA 01 ("Court Case") to quiet title to the Property; and
WHEREAS, the length of violation difference between August 23, 2023, and July 1,
2024, is 313 days; and
WHEREAS, the Owner is requesting the City Commission consider the amount eligible
for mitigation be calculated from May 5, 2022 to August 23, 2023, or 475 days at $500.00 per
diem with a total due and owing of $237,500.00; 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 Joint Motion to Stay the Court
Case pending the disposition of this mitigation hearing; and
WHEREAS, the Owner offers mitigation in the amount of $12,000.00, based upon the
requested adjusted total amount due and owing, as full and final settlement of the
CE2021024620;
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 $12,000.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2021024620.
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.