HomeMy WebLinkAboutR-24-0408City of Miami
Resolution R-24-0408
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16681 Final Action Date: 10/15/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 60
NORTHWEST 76 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020002464,
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, Hofstatter Realty, LLC, ("Owner") is the owner of the property located at 60
Northwest 76 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, the Property is a multifamily residential property zoned T5-R and located in
City Commission District 5; and
WHEREAS, on January 30, 2020, Code Compliance case CE2020002464 ("Code
Case") was opened; and
WHEREAS, the violations of the Code Case were for work performed without a permit,
to wit: a fence; and
WHEREAS, the Code Case was heard on November 17, 2020, and a representative
from the Owner was present at the hearing where the Property was found in violation and given
sixty (60) days to comply or $250.00 per diem lien would issue; and
WHEREAS, no extension of time was requested by the Owner to comply; and
WHEREAS, the Owner was attempting to seek waivers for the work the contractor had
done without a permit and of which they were unaware at the time; and
WHEREAS, the Owner diligently tried to seek a waiver in order to keep the fence but
was ultimately informed the fence would have to be removed; and
WHEREAS, the permit to remove the fence was finalized on June 17, 2024 under BD24-
015092-001; and
WHEREAS, the case was complied on July 19, 2024 and the total amount of per diem
lien accrued was $319,250.00, having run for 1,277 days; and
City of Miami Page 1 of 3 File ID: 16681 (Revision: A) Printed On: 10/30/2024
File ID: 16681 Enactment Number: R-24-0408
WHEREAS, the difference between the date the permit was finalized and the date of
compliance was 32 days which would adjust the days of violation to 1,245 and with a per diem
total of $311,250.00; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on February 18, 2021 with the Miami -Dade Clerk of Court at recording book 32357 and
page 1007; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-16261 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 $10,000.00 as full and final
settlement of the Code Case based upon the above facts and circumstances;
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 $31,125.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2020002464.
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
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 3 File ID: 16681 (Revision: A) Printed on: 10/30/2024
File ID: 16681 Enactment Number: R-24-0408
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C1ty -ttor -y 10/28/2024
City of Miami Page 3 of 3 File ID: 16681 (Revision: A) Printed on: 10/30/2024