HomeMy WebLinkAboutR-23-0204City of Miami
Resolution R-23-0204
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13577 Final Action Date: 4/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT
MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST
PROPERTY 490 NORTHEAST 62 STREET, MIAMI, FLORIDA, CASE NUMBER
CE2018008270, 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, NE 62 ST Realty, LLC, a Florida corporation ("Owner"), owns the property
located at 490 Northeast 62 Street, Miami, Florida ("Property") and seeks mitigation of the fines
at issue here; and
WHEREAS, the Property is two (2) story, six (6) unit residential building; and
WHEREAS, on November 14, 2018, the Owner pled guilty before the Code Enforcement
Board ("CEB") for failing to have a valid Certificate of Use and Business Tax Receipt under case
number CE2018008270; and
WHEREAS, the Owner was provided ninety (90) days to comply the violations or a
$250.00 per diem to issue should there be a failure to timely comply; and
WHEREAS, the violations were complied on January 26, 2023, and the total amount of
per diem lien accrued at that time was $360,500.00 for having run for 1,442 days; and
WHEREAS, the lien on this case was recorded on June 3, 2021 with the Miami -Dade
Clerk of Court at recording book 32542 and page 4475, and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2022-20836-CA-01 ("Court Case") based upon the liens accrued; and
WHEREAS, the Owner paid $107,750.00 for the Code Enforcement lien under case
number CE2019001748 after it was complied and this mitigation does not resolve that part of
the Circuit Court case; and
WHEREAS, mitigation by the City Commission will resolve the issue as to the 2018 lien
only, as the other lien is not eligible since it was paid; 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
City of Miami Page 1 of 2 File ID: 13577 (Revision: A) Printed On: 7/1/2025
File ID: 13577 Enactment Number: R-23-0204
WHEREAS, the Court case is stayed pending the disposition of this mitigation; and
WHEREAS, the City records reflecting the violations issued, hearing date and lien
amount and recordation are attached to this Resolution as Exhibit A; and
WHEREAS, the Owner offered a mitigation in the amount of $18,025.00 (which is 5% of
the total lien amount) to cover the City's expended time and effort in addressing the code
violations;
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 NE 62 ST Realty, LLC,
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 25% ($90,125.00) of the
total lien as full and final settlement of the Code Compliance violation issued under Case No.
CE2018008270.
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, ity Attor
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: 13577 (Revision: A) Printed on: 7/1/2025