HomeMy WebLinkAboutR-23-0155City of Miami
Resolution R-23-0155
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12578 Final Action Date: 3/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT FINE FOR CASE NUMBER CE2021003957 ON PROPERTY
ADDRESS 7301 BELLE MEADE ISLAND DRIVE, MIAMI, FLORIDA, AFTER
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 AND 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, 7301 Belle Meade, LLC ("Owner") owns the property located at 7301 Belle
Meade Island Drive, Miami, Florida ("Property"); and
WHEREAS, on May 12, 2021, the Code Enforcement Board ("CEB"), at a duly noticed
hearing, heard the violations as it related to case number CE2021003957 and found Property
guilty of use not allowed in a transect zone and illegal short term rental; and
WHEREAS, the Property Owner was represented by counsel at the hearing; and
WHEREAS, at the hearing, the CEB, upon the finding of guilt, ordered a per diem fine
and an irreparable harm fine due to this being a repeat violation pursuant to Chapter 2, Article X
of the City Code and the CEB required immediate compliance and ordered the fine retroactive
to the date of the initial violation issuance which was March 10, 2021; and
WHEREAS, the Property Owner appealed the findings of the CEB to the Appellate
Division of the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida ("Circuit Court") where today, it remains pending; and
WHEREAS, the Property remained non -compliant pursuant to ongoing investigative
checks and contacts with the Property neighbors until September 2, 2022 and the assessed fine
had reached a total of $270,500.00; and
WHEREAS, the Property Owner presented evidence that the Property was removed
from all rental listings as of June 2022 and the Commission adjusted the running fine
accordingly; and
WHEREAS, the Property Owner requested 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 Property Owner wishes to pay the irreparable harm fine of $5,000.00
and is requesting the per diem fine be mitigated to 5% of the total lien Property Owner
calculates to be $224,500.00 by using an alternate date of compliance; and
City of Miami Page 1 of 2 File ID: 12578 (Revision: A) Printed On: 6/30/2025
File ID: 12578 Enactment Number: R-23-0155
WHEREAS, the Property Owner will dismiss the appeal currently pending before the
Circuit Court in favor of this mitigation; and
WHEREAS, the City Commission reviewed all competent, substantial evidence and
testimony presented at the time of hearing; and
WHEREAS, the Commission after hearing the evidence regarding the past repeat code
violation, the violator's use of the property as a party house consistently and the loss of use and
enjoyment suffered by the area residents, reduced the lien to $224,500.00 based upon the
violator's description of his date of compliance; and
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 taking under advisement all competent and
substantial evidence and testimony presented at the time of the hearing, in consideration of the
Property Owner committing a repeat violation, and for the reasons stated on the record, the City
Commission orders payment of the irreparable harm fine of $5,000.00 and mitigation in the
amount of $224,500.00 as full and final settlement of the Code Compliance violation issued
under case number CE202100395.
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:
endt ez, City Httor ey 4/11/2023
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: 12578 (Revision: A) Printed on: 6/30/2025