HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16563
Date: 08/23/2024
Commission Meeting Date: 10/24/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 4
Resolution
Mitigation - 2749 Southwest 5 Street
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
2749 SOUTHWEST 5 STREET, MIAMI, FLORIDA, CASE NUMBER CE2016010484.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
2749 SOUTHWEST 5 STREET, MIAMI, FLORIDA, CASE NUMBER CE2016010484,
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
Office of the Mayor
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
George K. Wysong III
Maricarmen Lopez
Mayor's Office
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
Unsigned by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
08/27/2024 2:52 PM
08/27/2024 9:52 PM
08/28/2024 2:32 PM
08/28/2024 5:06 PM
09/03/2024 12:16 PM
09/09/2024 6:32 PM
09/24/2024 8:42 AM
09/24/2024 12:02 PM
11/18/2024 2:05 PM
10/24/2024 9:00 AM
11/01/2024 2:37 PM
Office of the City Clerk
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
City Clerk's Office
Valentin J Alvarez
Rachel Dooley
George K. Wysong III
City Clerk's Office
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
11/01/2024 3:24 PM
11/15/2024 2:30 PM
11/15/2024 2:34 PM
Completed
11/21/2024 9:28 AM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0425
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16563 Final Action Date:10/24/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 2749
SOUTHWEST 5 STREET, MIAMI, FLORIDA, CASE NUMBER CE2016010484, 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, MANCINI HOLDINGS12, LLC ("Owner") is the owner of the property
located at 2749 Southwest 5 Street, Miami, Florida ("Property") and seeks mitigation of the
Code lien at issue here; and
WHEREAS, the Property is a commercial property zoned T3-O located in City
Commission District 4; and
WHEREAS, on June 7, 2016, Code Compliance case CE2016010484 ("Code Case")
was opened on the Property; and
WHEREAS, the violations of the Code Case were for work performed without a permit,
failure to have handicap spaces, work in the public right of way, failure to have solid waste
contract, no certificate of use and no business tax receipt; and
WHEREAS, the Code Case was heard before the Code Enforcement Board ("CEB") on
July 18, 2017, found in violation, and immediate compliance ordered with a $250.00 per diem
for failure to comply; and
WHEREAS, the affidavit of compliance was issued on December 12, 2019, and the total
amount of per diem lien accrued was $219,000.00, having run for 876 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on August 3, 2017 with the Miami -Dade Clerk of Court at recording book 30640 and
page 119; and
WHEREAS, in early 2020 the Owner participated in the Pandemic mitigation process for
two (2) other cases and this case was missed by both the City and the Owner to also include in
that mitigation due to the Property having two (2) addresses; and
WHEREAS, the Owner has worked in good faith and diligently to be in compliance with
all applicable City laws
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-11491 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 $17,500.00 as full and final
settlement of CE2016010484 and the Owner shall have 24 months to pay without accrual of
interest;
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 $17,500.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2016010484 and Owner shall have 24
month to pay without accrual of interest.
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:
rge Wyy ng III, C ty ttor -y 11/18/2024
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.