Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14356 Date: 07/25/2023 Commission Meeting Date: 09/14/2023 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 5 Resolution Mitigation - 7010, 7012, 7020 and 7050 NE 2 Avenue Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 7010, 7012, 7020 AND 7050 NE 2 AVENUE FOR CASE NUMBERS CE202100472, 0E2021005113, CE2021005112, CE2021004720 AND CE2021005111 Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 7010, 7012, 7020 AND 7050 NE 2 AVENUE FOR CASE NUMBERS CE202100472, CE2021005113, CE2021005112, CE2021004720 AND CE2021005111 Budget Impact Analysis Item has NOT an Expenditure Item is NOT 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 Office of the City Clerk Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin 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 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 Rendered Completed 07/25/2023 11:29 AM 07/25/2023 2:53 PM 07/25/2023 3:44 PM 08/28/2023 9:54 AM 08/28/2023 9:11 PM 08/29/2023 10:14 AM 09/01/2023 10:07 AM 09/14/2023 9:00 AM 09/15/2023 3:25 PM 09/15/2023 5:02 PM Completed 09/22/2023 3:54 PM 09/22/2023 5:42 PM 09/25/2023 11:00 AM City of Miami Legislation Resolution Enactment Number: R-23-0402 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14356 Final Action Date:9/14/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 7010, 7012, 7020 AND 7050 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, FOR CASE NUMBERS CE202100472, CE2021005113, CE2021005112, CE2021004720 AND CE2021005111, 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, Nickelli Lovaski Pierre ("Owner") owned 7010, 7012, 7020 and 7050 Northeast 2 Avenue, Miami, Florida ("Properties") at the time of violation and compliance and seeks mitigation of the Code liens at issue here based upon authority provided in the closing statement for the sales of the Properties; and WHEREAS, the Properties are sequential lots, two of which are vacant lots, 7010 and 7012, while 7020 and 7050 contain commercial buildings; and WHEREAS, Property 7010 was issued violation CE2021004721 on March 10, 2021 for parking on unimproved surfaces, parking of untagged vehicles and storage of material and debris, the case went to hearing on July 14, 2021 was found in violation and order to comply within sixty (60) days or be subject to a $250.00 per diem fine; and WHEREAS, a lien was recorded on September 20, 2021, with the Miami -Dade Clerk of Court and the lien ran 295 days before being complied on July 5, 2022 with a total lien due and owing of $73,750.00; and WHEREAS, Property 7012 was issued violation CE202100005113 on March 16, 2021 for failing to maintain the vacant lot, the case went to hearing on July 14, 2021 was found in violation and order to comply within sixty (60) days or be subject to a $250.00 per diem fine; WHEREAS, a lien was recorded on September 20, 2021, with the Miami -Dade Clerk of Court and the lien ran 295 days before being complied on July 5, 2022 with a total lien due an owing of $73,750.00; and WHEREAS, Property 7020 was issued violation CE2021005112 and CE2021004720 in March of 2021 for failure to maintain the vacant lot and for work without a permit and having illegal games of chance, the cases went to hearing on July 14, 2021, and were found in violation and order to comply within sixty (60) days or be subject to a $250.00 per diem fine; WHEREAS, Code Case CE2021005112 had its lien recorded on August 2, 2021, with the Miami -Dade Clerk of Court and it ran for a total of 368 days before being complied on July 5, 2022 with a total lien due and owing of $92,000.00; and WHEREAS, Code Case CE2021004720 had its line recorded on September 20, 2021, with the Miami -Dade Clerk of Court and it rant for a total of 303 days before being complied on July 13, 2022, with a total due and owing of $75,750.00; and WHEREAS, Property 7050 was issued violation CE2021005111 ("Code Case") on March 16, 2021 for failure to maintain the lot, the case went to hearing on July 14, 2021 was found in violation and order to comply immediately or be subject to a $500.00 per diem fine; WHEREAS, a lien was recorded on September 20, 2021, with the Miami -Dade Clerk of Court and the lien ran 299 days before being complied on July 5, 2022, with a total lien due and owing of $149,500.00; and WHEREAS, for the contiguous lots, the total amount of liens for all four (4) Properties is $464,750.00; and WHEREAS, Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2023-18684-CA-01 ("Court Case") on June 27, 2023; and WHEREAS, 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, Owner and the City 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% for all cases or $46,475.00 as full and final settlement of the Code Cases; 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 a 75% reduction per case as full and final settlement of the Code Compliance liens issued as follows: CE2021004721 is reduced to $18,437.50; CE2021005113 is reduced to $18,437.50; CE2021005112 is reduced to $23,000.00; CE2021004720 is reduced to $18,937.50; and CE2021005111 is reduced to $37,375.00 The total amount of the liens was $464,750.00 and is reduced to $116,187.50. 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.