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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16707 Date: 09/24/2024 Commission Meeting Date: 10/15/2024 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 3 Resolution Mitigation - 601 Southwest 6 St and 1111 Northwest 6 St Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 601 SOUTHWEST 6 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020012472 AND PROPERTY ADDRESS 1111 NORTHWEST 6 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019007735. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 601 SOUTHWEST 6 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020012472 AND PROPERTY ADDRESS 1111 NORTHWEST 6 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019007735, 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 Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Barbara Hernandez Natasha Colebrook -Williams Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Deputy City Manager Review Completed 09/24/2024 5:16 PM Completed 09/25/2024 9:02 AM Completed 09/25/2024 3:34 PM Completed 09/26/2024 3:45 PM Completed 09/30/2024 2:46 PM City Manager's Office Arthur Noriega V City Manager Review Completed 09/30/2024 3:10 PM Legislative Division Valentin J Alvarez Legislative Review Completed 09/30/2024 3:32 PM Office of the City Attorney Rachel Dooley ACA Review Completed 09/30/2024 3:54 PM Office of the City Attorney Nicole Ewan Approved Form and Correctness Skipped 10/08/2024 5:01 PM City Commission Nicole Ewan Meeting Completed 10/10/2024 9:00 AM City Commission Maricarmen Lopez Meeting Completed 10/15/2024 9:00 AM Legislative Division Valentin J Alvarez ACA Review Completed 10/16/2024 11:02 AM Office of the City Attorney Rachel Dooley ACA Review Completed 10/16/2024 7:03 PM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 10/23/2024 11:24 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 10/23/2024 11:33 PM Office of the City Attorney George K. Wysong III Approved Form and Correctness with Modification(s) Completed Office of the City Clerk City Clerk's Office Rendered Completed 10/28/2024 3:46 PM City of Miami Legislation Resolution Enactment Number: R-24-0410 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16707 Final Action Date:10/15/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 601 SOUTHWEST 6 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020012472, AND PROPERTY ADDRESS 1111 NORTHWEST 6 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019007735, 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, VQ EVERGLADES DEVELOPMENT, LLC ("Owner") is the owner of the property located at 601 Southwest 6 Street, Miami, Florida ("Property No. 1") and 1111 Northwest 6 Street, Miami, Florida ("Property No. 2") and seeks mitigation of the Code liens at issue here; and WHEREAS, Property No. 1 is a multi -family residential property (4-units) located in City Commission District 3; and WHEREAS, Property No. 2 is an empty lot designated T4-L located in City Commission District 3; and WHEREAS, on July 8, 2020, Code Compliance case CE2020012472 ("Code Case #1") was opened on Property No. 1; and WHEREAS, the violations of the Code Case were for no Certificate of Use, No Business Tax Receipt, removal of required landscaping and failure to maintain the lot; and WHEREAS, Code Case #1 was heard on March 4, 2021, before the Code Enforcement Board ("CEB"), where the Owner pled guilty and was required to comply the violations within 24- hours or a $500.00 per diem lien should compliance not be timely; and WHEREAS, the affidavit of compliance shows that violations were complied on August 3, 2024, and the total amount of per diem lien accrued was $623,500.00, having run for 1,247 days; and WHEREAS, an email sent by the case Code Compliance Inspector states the violation compliance date was actually June 4, 2024 which would bring the days of open violation to 1,187 days with a final per diem about of $593,500.00; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on April 7, 2021, with the Miami -Dade Clerk of Court at recording book 32435 and page 2648; and WHEREAS, on April 26, 2019, Code Compliance case CE2019007735 ("Code Case #2") was opened for violations of failure to maintain the exterior, parking on unimproved surfaces, parking of inoperable or untagged vehicles and no certificate of use; and WHEREAS, the Code Case was heard on November 7, 2019, found in violation with ordered immediate compliance as well as retroactive lien date to the date of original compliance date due to being a repeat violation with a per diem lien of $250.00; and WHEREAS, the original date of compliance was May 5, 2019; and WHEREAS, the affidavit of compliance was issued on June 4, 2024 and the total amount of per diem lien accrued was $462,250.00, having run for 1,856 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on December 19, 2019 with the Miami -Dade Clerk of Court at recording book 31735 and page 2413; and WHEREAS, Property #2 was demolished pursuant to an order of the Unsafe Structure Panel and that permit was finalized on September 17, 2021, under BD21-006584-001; and WHEREAS, Code Compliance was not contacted by the Owner to comply Code Case #2 upon the date of demolition completion; and WHEREAS, the number of days from May 5, 2019 to September 17, 2021 850 days with a per diem of $250.00 per day would bring the total lien to $212,500.00; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-8115 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 $29,675.00 as full and final settlement of the CE202012472; and WHEREAS, the Owner offers mitigation in the amount of $10,625.00 as full and final settlement of the CE2019007735; 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 $59,350.00 (or 10%) as full and final settlement of the Code Compliance lien issued under Case No. CE2020012472 and grants mitigation in the amount of $42,500.00 (or 20%) as full and final settlement of the Code Compliance lien issued under Case No. CE2019007735. 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.