HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14093
Date: 06/01/2023
Commission Meeting Date: 07/13/2023
Type: Resolution
Subject: Mitigation - 736 NW 41 Street
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 LIEN RECORDED APRIL 16, 2019 FOR CASE
NUMBER CE2017017187 FOR PROPERTY ADDRESS 736 NW 41 STREET, MIAMI,
FLORIDA.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED APRIL 16, 2019 FOR CASE
NUMBER CE2017017187 FOR PROPERTY ADDRESS 736 NW 41 STREET, MIAMI,
FLORIDA, 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
LIENS; 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
City Commission
Office of the City Attorney
Office of the City Attorney
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Maricarmen Lopez
Deanna Rasco
Victoria Mendez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Review
Meeting
ACA Review
City Attorney Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Pending
Pending
06/08/2023 9:18 AM
06/08/2023 10:16 AM
06/12/2023 3:21 PM
06/12/2023 3:29 PM
06/12/2023 4:49 PM
06/13/2023 11:27 AM
07/13/2023 9:00 AM
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14093 Final Action Date:7/13/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED APRIL 16, 2019 FOR CASE
NUMBER CE2017017187 FOR PROPERTY ADDRESS, 736 NORTHWEST 41
STREET, MIAMI, FLORIDA, 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 LIENS; 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, GOLEBOZORG, LLC ("Owner") owns the property located approximately at
736 Northwest 41 Street, Miami, Florida ("Property") and seeks mitigation of the Code liens at
issue here; and
WHEREAS, the Property is a non homestead property; and
WHEREAS, a code enforcement case, CE2017017187 ("Code Case") was brought and
adjudicated for violating Section 2104 of the City of Miami Code, work without a finalized permit;
and
WHEREAS, the Code Case was originally heard on January 1, 2018 in absentia, before
the Code Enforcement Board ("CEB"), which found the property in violation of the code and
provided the Owner sixty (60) days to comply or a $250.00 per diem lien would issue; and
WHEREAS, multiple extensions of time were requested by the Owner and granted by
the CEB on the following dates: April 11, 2018, September 6, 2018 and December 12, 2018.
The CEB granted a sixty (60) day extension for each request.
WHEREAS, a Final Enforcement Order was entered on April 4, 2019, requiring the
property owner to comply with the violations on March 12, 2019.
WHEREAS, the violation was ultimately complied on February 22, 2023, thereby
resulting in a lien in the amount of $312,250.00, representing a per diem lien having run for
1,249 days; and
WHEREAS, the lien on this case was recorded on April 16, 2019 with the Miami -Dade
Clerk of Court at recording book 31405 and page 4605, and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-015248-CA-01(27) ("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 $31,250.00 (10%) 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 $ as full
and final settlement of the Code Compliance line issued under Case No. CE2017017187.
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.