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HomeMy WebLinkAboutR-22-0416City of Miami Resolution R-22-0416 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12509 Final Action Date: 10/27/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER CE2014002121 ON PROPERTY ADDRESS 620 NORTHEAST 78th STREET, MIAMI, FLORIDA, 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, East Coast Investment, Inc., a Florida corporation ("Owner") owns the property located at 620 Northeast 78 Street, Miami, Florida ("Property"); and WHEREAS, on December 10, 2014, the Code Enforcement Board ("CEB"), heard the violation related to Case No. CE2014002121. The Property Owner attended the hearing and was found guilty of worked performed without an authorized permit; and WHEREAS, the CEB provided Ninety (90) days for compliance or a $250.00 per diem fine would issue; and WHEREAS, the Property Owner requested and received extensions to address the CE2014002121 through November 2016; and WHEREAS, the extensions were granted yet the Property remained non -compliant following expiration of the extensions; and WHEREAS, the Property came into compliance upon finalizing permit no. BD001349- 001 on July 19, 2022; and WHEREAS, there is a lien attaching to the property in the amount of $512,050.00; and WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, Case Number 2022-015022-CA-01 ("Court Case"); and WHEREAS, the Property 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 Court Case is stayed pending the disposition of this mitigation; and WHEREAS, the Property Owner offers mitigation in the amount of 10% of the total lien which amounts to $51,205.00; and City of Miami Page 1 of 2 File ID: 12509 (Revision: B) Printed On: 6/23/2025 File ID: 12509 Enactment Number: R-22-0416 WHEREAS, the Office of the City Attorney has investigated and evaluated this matter and recommends that said matter be heard based upon the foregoing; 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 Property Owner and the advice and argument from the Code Compliance Department and any other relevant City Department, the City Commission orders a mitigation in the amount of $51,205.00 as full and final settlement of the Code Compliance violation issued under Case No. CE2014002121. Section 3. 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: ndez, City Attor ey ) 11/9/2022 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 2 File ID: 12509 (Revision: B) Printed on: 6/23/2025