HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14884
Date: 10/13/2023
Commission Meeting Date: 11/16/2023
Type: Resolution
Subject: Mitigation - 772 Plus, LLC
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 1
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
772 NW 22 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019019997.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
772 NW 22 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019019997, 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
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
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
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Unsigned by the Mayor 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 12:50 PM
10/24/2023 9:00 AM
10/25/2023 5:24 PM
10/26/2023 1:04 PM
10/27/2023 4:58 PM
10/31/2023 12:37 PM
10/31/2023 1:25 PM
11/16/2023 9:00 AM
11/22/2023 11:03 AM
11/22/2023 11:08 AM
11/17/2023 3:54 PM
11/22/2023 12:26 PM
Completed
Office of the City Clerk City Clerk's Office Rendered Completed 11/27/2023 4:06 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0505
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14884 Final Action Date:11/16/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 772
NORTHWEST 22 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019019997,
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, 772 Plus 5, LLC ("Owner") is the owner of the property located at 772
Northwest 22 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, the Property is a commercial warehouse property located in Commission
District 1 and the current owner is not the original violator and purchased the Property in
September of 2021 from MJ Property Investments, LLC ("Prior Owner"); and
WHEREAS, on October 17, 2019, Code Compliance case CE2019019997 ("Code
Case") was opened; and
WHEREAS, the violations of the Code Case were for work performed without a permit
(mechanic shop), failure to have a Certificate of Use and Business Tax Receipt; and
WHEREAS, the Code Case was heard on May 6, 2021, before the Code Enforcement
Board ("CEB"), the Prior Owner failed to appear and was found guilty in absentia with ordered
immediate compliance and a $250.00 per diem lien for failure to do so; and
WHEREAS, the affidavit of compliance was issued on June 8, 2023, the total amount of
per diem lien accrued was $229,000.00, having run for 916 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on December 12, 2020 with the Miami -Dade Clerk of Court at recording book 32250 and
page 4850, and
WHEREAS, at the time of purchase there was a second Code Compliance case that had
been opened, was complied, and proceeded to mitigation before the CEB in 2021; and
WHEREAS, the Owners filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2023-21740-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 $5,000.00 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 $5,000.00 as full and final settlement of
the Code Compliance line issued under Case No. CE2019019997.
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.