HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14025
Date: 05/18/2023
Commission Meeting Date: 06/08/2023
Type: Resolution
Subject: Mitigation - 2109 SW 8 ST
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 3
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
2109 SW 8 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018015118.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
2109 SW 8 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018015118, 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.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Code Compliance
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the Mayor
Office of the City Clerk
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Leon P Michel
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Maricarmen Lopez
Valentin J Alvarez
Rachel Dooley
Victoria Mendez
Mayor's Office
City Clerk's Office
Department Head Review Completed
Budget Analyst Review Completed
Budget Review Completed
Assistant City Manager Review Completed
City Manager Review Completed
Legislative Review Completed
ACA Review Completed
Meeting Completed
Legislative Division Review Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
05/26/2023 1:53 PM
05/30/2023 1:55 PM
05/30/2023 2:49 PM
05/30/2023 3:07 PM
05/30/2023 3:41 PM
05/30/2023 3:44 PM
05/30/2023 4:03 PM
06/08/2023 9:00 AM
06/11/2023 12:33 PM
06/12/2023 8:47 AM
Completed
06/16/2023 11:54 AM
06/16/2023 12:04 PM
Office of the City Clerk City Clerk's Office Rendered Completed 06/20/2023 9:40 AM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0262
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14025 Final Action Date:6/8/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018015118,
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, 8TH and 22ND AG Property Owner, LLC ("Owner"), owns the property located
at 2109 Southwest 8 Street, Miami, Florida ("Property") and seeks mitigation of the Code liens
at issue here; and
WHEREAS, the Property is a commercial property; and
WHEREAS, the prior owner ("Prior Owner") was the party who committed the violation
that is the subject of Code Compliance case CE2018015118 ("Code Case"); and
WHEREAS, the violations of the Code Case were failure to maintain the exterior, parking
or storage of inoperable vehicles and failure to provide a proper parking service; and
WHEREAS, the Code Case was heard on November 14, 2018, before the Code
Enforcement Board ("CEB"), found guilty and provided 60 days to comply or a $250.00 per diem
lien would issue; and
WHEREAS, that violation was complied on February 27, 2023, and the total amount of
per diem lien accrued was $376,250.00, having run for 1,505 days; and
WHEREAS, the lien on this case was recorded on January 30, 2019 with the Miami -
Dade Clerk of Court at recording book 31308 and page 1369, and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-15273-CA-01 ("Court Case") to quiet title to the Property; 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 City and Owner have filed an Agreed Motion to Stay the Court Case
pending the disposition of this mitigation hearing; and
WHEREAS, the Owner offers mitigation in the amount of $56,437.50 (15%) as full and
final settlement of the Code Case;
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 Owner, the advice
and argument from the Code Compliance Department and any other relevant City Department,
the City Commission grants/denies a mitigation in the amount of $56,437.50 as full and final
settlement of the Code Compliance line issued under Case No. CE2018015118.
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:
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.