Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16686 Date: 09/19/2024 Commission Meeting Date: 10/15/2024 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 5 Resolution Mitigation - 2505 North Miami Avenue Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2505 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2019019533. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2505 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2019019533, 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 09/19/2024 8:27 AM 09/19/2024 9:02 AM 09/19/2024 10:24 AM 09/23/2024 10:21 AM 09/23/2024 5:10 PM 09/26/2024 7:15 PM 09/27/2024 11:37 AM 09/27/2024 2:22 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 9:16 AM 10/22/2024 10:18 AM 10/23/2024 11:24 PM 10/23/2024 11:32 PM Completed 10/28/2024 3:37 PM City of Miami Legislation Resolution Enactment Number: R-24-0409 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16686 Final Action Date:10/15/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2505 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2019019533, 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, Patbe Investments, LLC, ("Owner") is the owner of the property located at 2505 North Miami Avenue, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue here; and WHEREAS, the Property is a vacant lot zoned T6-8-O and located in City Commission District 5; and WHEREAS, on October 9, 2019, Code Compliance case CE2019019533 ("Code Case") was opened; and WHEREAS, the violations of the Code Case were improper parking of vehicles on unimproved surfaces and failure to register a vacant lot; and WHEREAS, the Code Case was heard on October 14, 2020, before the Code Enforcement Board ("CEB"), no one appeared for the Owner, the Property was found in violation and immediate compliance was ordered or a per diem lien in the amount of $250.00 would issue; and WHEREAS, the case was complied on June 23, 2022 and the total amount of per diem lien accrued was $154,000.00, having run for 616 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on December 7, 2020 with the Miami -Dade Clerk of Court at recording book 32225 and page 140; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-15926 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 of the Property is an elderly person and had difficulties navigating City Departments during the initial phase of the Novel Coronavirus ("COVID -19") pandemic when the Neighborhood Enhancement Team ("NET") offices were removed and so the registration was not timely and properly completed; and WHEREAS, the Owner believes, based upon evidence provided to the City, that the tenant stopped using the lot for parking on or about October 31, 2020; and WHEREAS, as October 31, 2020 is the actual date of compliance, then the amount of lien total the Owner requests to be considered is 16 days at $250.00 per diem or $4,000.00 amount; and WHEREAS, the Owner offers mitigation in the amount of $1,000.00 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 $7,700.00 as full and final settlement of the Code Compliance lien issued under Case No.CE2019019533. 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.