HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #13813
Date: 04/06/2023
Commission Meeting Date: 06/08/2023
Type: Resolution
Subject: Mitigation - 801 NW 37 Ave
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 1
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
801 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2015008349
Background Information:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
801 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2015008349,
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:
Legislative Division
Office of the City Attorney
Office of Management and
Office of Management and
Code Compliance
City Manager's Office
City Manager's Office
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Budget
Budget
Reviewed B
Valentin J Alvarez
Rachel Dooley
Aniska Elliott
Marie Gouin
Robert Santos-Alborna
Carolina Aguila
Arthur Noriega V
Maricarmen Lopez
Valentin J Alvarez
Rachel Dooley
Victoria Mendez
Mayor's Office
City Clerk's Office
City Clerk's Office
Legislative Division Review
ACA Review
Budget Analyst Review
Budget Review
Department Head Review
Assistant City Manager Review
City Manager Review
Meeting
Legislative Division Review
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
04/11/2023 6:34 PM
04/11/2023 6:43 PM
04/11/2023 6:57 PM
04/12/2023 10:29 AM
05/26/2023 1:55 PM
05/30/2023 3:07 PM
05/30/2023 3:41 PM
06/08/2023 9:00 AM
06/11/2023 12:29 PM
06/12/2023 8:45 AM
Completed
06/16/2023 11:55 AM
06/16/2023 12:04 PM
06/20/2023 9:41 AM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0263
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13813 Final Action Date:6/8/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
801 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2015008349,
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, Pass Sklar Center, LTD., a Florida Limited Partnership ("Owner"), 2023-
1891-CA-01 owns the property located at 801 Northwest 37 Avenue, Miami, Florida ("Property")
and seeks mitigation of the fines at issue here; and
WHEREAS, the Property is a two (2) story, commercial property; and
WHEREAS, on October 13, 2015, the matter was set before the Code Enforcement
Board ("CEB") and the Owner failed to appear, the case was heard in absentia with a finding of
guilt for the violation of failure to obtain permits for erected signs under case CE2015008349;
and
WHEREAS, the Owner was provided twenty-four (24) hours to comply the violations or a
$250.00 per diem to issue should there be a failure to timely comply; and
WHEREAS, the violation was complied on June 3, 2022, and the total amount of per
diem lien accrued at that time was $606,000.00 for having run for 2,424 days; and
WHEREAS, the lien on this case was recorded on November 5, 2015 with the Miami -
Dade Clerk of Court at recording book 29844 and page 1021, and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit in and for Miami Dade
County, under case number 2023-1891-CA-01 ("Court Case") based upon the liens accrued;
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 will be stayed pending the disposition of this mitigation; and
WHEREAS, the Owner offers mitigation in the amount of 5% or $30,300.00 of the total
lien amount of $606,000.00 as full and final settlement; and
WHEREAS, the Office of the City Attorney has investigated and evaluated this matter
and finds it to be properly requested to be heard by the Commission;
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, 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 $30,300.00.00 as full and
final settlement of the Code Compliance violation issued under Case No. CE2015008349.
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 by 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.