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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14882 Date: 10/13/2023 Commission Meeting Date: 11/16/2023 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 4 Resolution Mitigation - Flatiron 22, LLC OWNER Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1091 NW 22 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018004520. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1091 NW 22 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018004520, 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 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 Office of the City Attorney Legislative Division Office of the City Attorney Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Rachel Dooley Nicole Ewan Mayor's Office City Clerk's Office Rachel Dooley Valentin J Alvarez Victoria Mendez Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Review ACA Review Meeting Unsigned by the Mayor Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed and Attested by the City Clerk Completed ACA Review Completed Legislative Division Review Completed Approved Form and Correctness with Modification(s) 10/23/2023 1:06 PM 10/24/2023 8:45 AM 10/24/2023 11:44 AM 10/24/2023 12:46 PM 10/25/2023 2:53 PM 10/26/2023 9:28 AM 10/27/2023 3:05 PM 11/16/2023 9:00 AM 11/22/2023 11:02 AM 11/22/2023 11:07 AM 11/17/2023 3:50 PM 11/22/2023 12:27 PM Completed Office of the City Clerk City Clerk's Office Rendered Completed 11/27/2023 4:05 PM City of Miami Legislation Resolution Enactment Number: R-23-0503 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14882 Final Action Date:11/16/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1091 NORTHWEST 22 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018004520, 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, Flatiron 22, LLC, ("Owner") is the owner of the property located at 1091 Northwest 22 Street, Miami, Florida ("Property") and seeks mitigation of the Code liens at issue here; and WHEREAS, the Property is zoned D2, industrial, is currently vacant land and located in Commission District 1, and WHEREAS, on March 9, 2018, Code Compliance case CE2018004520 ("Code Case") was opened; and WHEREAS, the Property was being used by a tenant who did not obtain their required permission for its use or have a certificate of use or a business tax receipt; and WHEREAS, the Code Case was heard on March 7, 2019, was found guilty and ordered to comply within 60 days by the Code Enforcement Board ("CEB") and if they failed to comply, a $250.00 per diem lien would be recorded; and WHEREAS, that the affidavit of compliance shows that violation was complied on January 27, 2023, and the total amount of per diem lien accrued was $340,250.00, having run for 1,362 days; and WHEREAS, the Owner had the tenant removed and the Property structure demolished in May of 2022 under building permit number BD21-022162-001 and the permit was finalized on November 3, 2022, which cured all violations; and WHEREAS, Code complied the case in January of 2023 but Owner believes, based upon the date of the permit finalization, the final date to consider for the total lien amount should be November 3, 2022, which would make the lien amount for consideration $319,250.00 for 1,277 days; and WHEREAS, the lien was recorded as a Final Administrative Enforcement Notice on July 12, 2019 with the Miami -Dade Clerk of Court at recording book 31521 and page 2041; and WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2023-21329-CA-01 (79) ("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 $15,962.50 or 5% of $319,250.00 as full and final settlement of the Code Case if the City Commission considers the date the permit was finalized as the end compliance date or 5% of the total amount as listed if not; 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, based upon the actual date of compliance amount of $319,250.00, in the amount of $15,962.50 as full and final settlement of the Code Compliance line issued under Case No. CE2018004520. 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.