HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14435
Date: 08/08/2023
Commission Meeting Date: 11/16/2023
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
Resolution
Mitigation - 500 NE 78 St and 522 NE 78 St
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST THE
PROPERTIES LOCATED AT 500 NE 78 ST AND 522 NE 78 ST MIAMI, FL; CASE
NUMBER'S CE2019003138 AND 2019003142.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST THE
PROPERTIES LOCATED AT 500 NE 78 ST AND 522 NE 78 ST MIAMI, FL; CASE
NUMBER CE2019003138 RECORDED ON DECEMBER 5, 2019; AND CASE
NUMBER 2019003142 RECORDED ON DECEMBER 24, 2019 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 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
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Deanna Rasco
Nicole Ewan
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
08/08/2023 3:28 PM
08/09/2023 9:18 AM
08/09/2023 6:16 PM
08/10/2023 10:19 AM
08/10/2023 1:49 PM
08/10/2023 3:10 PM
09/08/2023 1:10 PM
11/16/2023 9:00 AM
Office of the Mayor
Office of the City Clerk
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Mayor's Office
City Clerk's Office
Deanna Rasco
Victoria Mendez
City Clerk's Office
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
11/22/2023 11:02 AM
11/22/2023 11:07 AM
12/04/2023 6:25 PM
Completed
12/08/2023 2:57 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0501
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14435 Final Action Date:11/16/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE FOLLOWING
CODE ENFORCEMENT LIENS RECORDED AGAINST THE PROPERTIES LOCATED
AT 500 NORTHEAST 78 STREET AND 522 NORTHEAST 78 STREET, MIAMI,
FLORIDA, CASE NO. CE2019003138 RECORDED ON DECEMBER 5, 2019 AND
CASE NO. 2019003142 RECORDED ON DECEMBER 24, 2019, 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, LC MIAMI 6, LLC ("Owner"), owns the properties located at 500 Northeast
78 Street and 522 Northeast 78 Street, Miami, Florida ("Property") and seeks mitigation of the
Code liens at issue here; and
WHEREAS, the Properties are commercial properties; and
WHEREAS, the violations of the Code Cases were failure to obtain a valid certificate of
use and failure to obtain business tax receipts; and
WHEREAS, Code Case CE2019003138 was heard before the Code Enforcement Board
("CEB") on September 5, 2019, which made a finding of guilt and provided ninety (90) days to
comply or a $250.00 per diem lien would issue; and
WHEREAS, that violation was complied on June 30, 2022 and the total amount of per
diem lien accrued was $234,750.00, having run for 939 days; and
WHEREAS, the lien on this case was recorded on December 5, 2019 with the Miami -
Dade Clerk of Court at recording book 31735 and page 2421, and
WHEREAS, the Code Case CE2019003142 was heard before the CEB on September 5,
2019, which made a finding of guilt and provided ninety (90) days to comply or a $250.00 per
diem lien would issue; and
WHEREAS, that violation was complied on February 27, 2023 and the total amount of
per diem lien accrued was $325,250.00, having run for 1,301 days; and
WHEREAS, the lien on this case was recorded on December 24, 2019 with the Miami -
Dade Clerk of Court at recording book 31740 and page 3294, and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit in and for Miami Dade
County, Case No. 2023-002479-CA-01 (09) ("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 $84,000.00 (15%) 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 the mitigation in the amount of $35,212.50 as full and final
settlement of the Code Compliance lien issued under Case No. CE2019003138.
Section 3. 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 the mitigation in the amount of $48,787.50 as full and final
settlement of the Code Compliance lien issued under Case No. CE2019003142.
Section 4. 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 5. 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 6. 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.