HomeMy WebLinkAboutR-23-0262City of Miami
Resolution R-23-0262
Legislation
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
City of Miami Page 1 of 2 File ID: 14025 (Revision: A) Printed On: 7/3/2025
File ID: 14025 Enactment Number: R-23-0262
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:
ndez, City Attor ey ) 6/12/2023
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: 14025 (Revision: A) Printed on: 7/3/2025