HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14824
Date: 10/05/2023
Commission Meeting Date: 10/26/2023
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Code Enforcement Mitigation - Wynwood Block Realty, LLC
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
2621 NW 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021016682
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
2621 NW 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021016682, 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 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
Office of the Mayor
Office of the City Clerk
Legislative Division
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Leon P Michel
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Nicole Ewan
Mayor'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
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
10/12/2023 7:11 PM
10/13/2023 11:15 AM
10/13/2023 2:37 PM
10/16/2023 10:59 AM
10/16/2023 9:37 PM
10/17/2023 8:51 AM
10/17/2023 11:43 AM
10/26/2023 9:00 AM
11/03/2023 5:07 PM
11/03/2023 5:19 PM
10/30/2023 10:26 AM
Office of the City Attorney Rachel Dooley ACA Review Completed 10/30/2023 10:38 AM
Office of the City Attorney Victoria Mendez Approved Form and Correctness with Modification(s) Completed
Office of the City Clerk City Clerk's Office Rendered Completed 11/06/2023 3:01 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0482
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14824 Final Action Date:10/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2621
NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021016682, 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, Wynwood Block Realty, LLC ("Owner") is the owner of the property located
at 2621 Northwest 2 Avenue, Miami, Florida ("Property") with folio number 01-3125-029-0300
and seeks mitigation of the Code liens at issue here; and
WHEREAS, the Property is a retail outlet commercial structure located in Commission
District 5; and
WHEREAS, on August 20, 2021 Code Compliance case CE2021016682 ("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 for tenants Foot Locker, SweetGreen, Ray Ban,
OakBerry among others; and
WHEREAS, the Code Case was heard on November 10, 2021, before the Code
Enforcement Board ("CEB"), the Owner appeared, pled guilty, and provided ninety (90) days to
comply or a $250.00 per diem lien would begin to run; and
WHEREAS, that the affidavit of compliance shows that violation was complied on June
22, 2023 and not extension of time had been requested so the total amount of per diem lien
accrued was $124,750.00, having run for 499 days; and
WHEREAS, the Owner purchased the Property in 2021 with substantial repairs
necessary as well as square footage differentials and address issues for the multiple tenants
which created issues with obtaining needed businesses licenses; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on May 3, 2022 with the Miami -Dade Clerk of Court at recording book 33165 and page
4739; and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-23591-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 $15,000.00 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 $19,000.00 as full and final settlement of
the Code Compliance line issued under Case No. CE2021016682.
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.