HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14094
Date: 06/01/2023
Commission Meeting Date: 06/22/2023
Type: Resolution
Subject: Mitigation - 8275 NE Miami Court
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
8275 NE MIAMI COURT, MIAMI, FLORIDA, CASE NUMBER CE2015000236.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
8275 NE MIAMI COURT, MIAMI, FLORIDA, CASE NUMBER CE2015000236, 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
Office of the City Attorney
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Legislative Division
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Maricarmen Lopez
Victoria Mendez
Mayor's Office
City Clerk's Office
City Clerk's Office
Valentin J Alvarez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Review
ACA Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Meeting Completed
Approved Form and Correctness with Modification(s)
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
Legislative Division Review Completed
06/09/2023 9:48 AM
06/09/2023 10:25 AM
06/09/2023 2:16 PM
06/12/2023 11:47 AM
06/12/2023 1:56 PM
06/12/2023 2:15 PM
06/12/2023 2:17 PM
06/22/2023 9:00 AM
Completed
06/30/2023 5:16 PM
06/30/2023 5:20 PM
07/03/2023 11:25 AM
06/23/2023 12:53 PM
Office of the City Attorney Rachel Dooley
ACA Review Completed 06/26/2023 1:58 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0278
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14094 Final Action Date:6/22/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
8275 NORTHEAST MIAMI COURT, MIAMI, FLORIDA, CASE NUMBER
CE2015000236, 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, Jade 3703, LLC ("Owner"), is the owner of the property located at 8275
Northeast Miami Court, Miami, Florida ("Property") and seeks mitigation of the Code liens at
issue here; and
WHEREAS, the Property is a two (2) story, six (6) unit residential structure; and
WHEREAS, on January 7, 2015 Code Compliance case CE2015000236 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case were failure to have a valid certificate of use
and failure to have a business tax receipt; and
WHEREAS, the Code Case was heard on April 8, 2015, before the Code Enforcement
Board ("CEB"), the Owner failed to appear and was found guilty in absentia with ordered
immediate compliance and a $250.00 per diem lien for failure to do so; and
WHEREAS, that the affidavit of compliance shows that violation was complied on
September 29, 2022, and the total amount of per diem lien accrued was $682,500.00, having
run for 2,730 days; and
WHEREAS, the Owner will present to the Commission its evidence that the violation had
been resolved as of July 26, 2017. Based on this compliance date, the violation would have run
for 839 days and the total amount of per diem lien accrued should be $209,750.00 and which,
after hearing from both the City and Owner representatives, the Commission has found good
cause to use the adjusted date of compliance for purposes of mitigation; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on September 16, 2015 with the Miami -Dade Clerk of Court at recording book 29779 and
page 3198; and as a Final Administrative Enforcement Order on May 7, 2019 with the Miami -
Dade Clerk of Court at recording book 31432 and page 857, and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-15725-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 10% of the adjusted lien
amount which the Commission finds to have good cause 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 mitigation in the amount of $20,975.00 as full and final settlement of
the Code Compliance line issued under Case No. CE2015000236.
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.