HomeMy WebLinkAboutR-23-0057City of Miami
Resolution R-23-0057
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13266 Final Action Date: 1/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT
MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER
CE2018024764 ON PROPERTY ADDRESS 101 NORTHEAST 2 AVENUE,
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, Downtown BH, LLC, a Florida corporation ("DBH"), is the former owner of
the property located at 101 Northeast 2 Avenue, Miami, Florida ("Property") with the legal
authority to seek mitigation of the fines at issue here; and
WHEREAS, on June 12, 2019, the Code Enforcement Board ("CEB"), heard the violation
related to Case No. CE201802476 for failure to remove nonconforming shutters and/or security
screens in the Downtown Development District; and
WHEREAS, the violation does not relate to any life or health issues, but only to the
nonconformity of shutters and/or security screens; and
WHEREAS, following a guilty finding, the CEB provided ninety (90) days for compliance
and a $250.00 per diem to issue should there be a failure to timely comply; and
WHEREAS, because of the Novel Coronavirus ("COVID-19") pandemic -related delays
(including labor and material shortages), the engineer that DBH hired to correct the Violation
passing away unexpectedly, among other reasons, DBH was not able to comply the violation
until September 21, 2022 when building permit number BD22-005805-001 was finalized; and
WHEREAS, the lien on this case was recorded on February 4, 2020 with the Miami -
Dade Clerk of Court at recording book 31804 and page 4601, and
WHEREAS, the lien reached a total of $276,750.00 after having run for 1,107 days; and
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami
Dade County, Case Number 2022-21840-CA-01 ("Court Case"); and
WHEREAS, DBH 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
City of Miami Page 1 of 2 File ID: 13266 (Revision: A) Printed On: 6/26/2025
File ID: 13266 Enactment Number: R-23-0057
WHEREAS, DBH offers mitigation in the amount of $3,750.00 to cover the City's
expended time and effort; and
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 DBH 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 $27,000.00 as full and final settlement of
the Code Compliance violation issued under Case No. CE2018024764.
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:
end aCity Attor ey 1/3072023
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: 13266 (Revision: A) Printed on: 6/26/2025