HomeMy WebLinkAboutR-23-0503City of Miami
Resolution R-23-0503
Legislation
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
City of Miami Page 1 of 2 File ID: 14882 (Revision: A) Printed On: 7/17/2025
File ID: 14882 Enactment Number: R-23-0503
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:
-ndez, ity (tor
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.
City of Miami Page 2 of 2 File ID: 14882 (Revision: A) Printed on: 7/17/2025