HomeMy WebLinkAboutR-23-0101City of Miami
Resolution R-23-0101
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13642 Final Action Date: 3/9/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER
CE2021000510 ON PROPERTY ADDRESS 640 NORTHWEST 65 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, RCJB Properties, Inc., a Florida corporation ("Owner"), owns the property
located at 640 Northwest 65 Street, Miami, Florida ("Property") and seeks mitigation of the fines
at issue here; and
WHEREAS, the Property is a three (3) unit, residential structure; and
WHEREAS, on October 10, 2021, the prior owner failed to appear before the Code
Enforcement Board (`CEB") who heard the case in absentia and found it in violation for failing to
have a valid Certificate of Use and Business Tax Receipt under case number CE2021000510;
and
WHEREAS, immediate compliance was ordered or a $250.00 per diem fine would issue;
and
WHEREAS, the Owner purchased the Property on April 29, 2022 and the violation was
complied on January 24, 2023 after having had the active lien for 467 days whose final total is
$116,750.00; and
WHEREAS, the lien on this case was recorded on October 27, 2021 with the Miami -
Dade Clerk of Court at recording book 32815 and page 718, and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under Case No. 2023-3254 CA 01 ("Court Case") based upon the liens accrued and to quiet
title; 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 Court case is stayed pending the disposition of this mitigation; and
City of Miami Page 1 of 2 File ID: 13642 (Revision:) Printed On: 6/27/2025
File ID: 13642 Enactment Number: R-23-0101
WHEREAS, the City records reflecting the violations issued, hearing date, lien amount,
and recordation are attached and incorporated to this Resolution as Exhibit A; and
WHEREAS, included in Exhibit A is a letter from the property lender reflecting the
financing will be revoked after March 15, 2023; and
WHEREAS, the Owner offers mitigation in the amount of $10,000.00 to cover the City's
expended time and effort; and
WHEREAS, the Office of the City Attorney has investigated and evaluated this matter
and finds it to be property requested to be heard by the Commission; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Resolution to be of an emergency nature due to the loan
expiration of March 15, 2023 which would eliminate the owner's ability to sell;
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 RCJB Properties, Inc,
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 $11,675.00 as full and
final settlement of the Code Compliance violation issued under Case No. CE2021000510.
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 a
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity (tor
ndez, ity Attor ey 3/10/2023
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: 13642 (Revision:) Printed on: 6/27/2025