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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15228 Date: 12/08/2023 Commission Meeting Date: 01/11/2024 Type: Resolution Subject: Mitigation - 1600 AP, 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 1600 NW 20 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021011435 Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1600 NW 20 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021011435, 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 has NOT an Expenditure 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 Office of the City Attorney Office of the City Attorney Office of the City Clerk 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 Valentin J Alvarez Rachel Dooley Victoria Mendez City Clerk's Office 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 Legislative Division Review Completed ACA Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 12/08/2023 11:48 AM 12/08/2023 1:07 PM 12/08/2023 3:54 PM 12/08/2023 3:58 PM 12/11/2023 12:51 PM 12/11/2023 6:03 PM 12/12/2023 11:09 AM 01/11/2024 9:00 AM 01/17/2024 9:23 AM 01/17/2024 9:34 AM 01/17/2024 3:16 PM 01/17/2024 3:21 PM Completed 01/22/2024 9:48 AM City of Miami Legislation Resolution Enactment Number: R-24-0014 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15228 Final Action Date:1/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1600 NORTHWEST 20 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021011435, 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, TTH23 1600 AP, LLC ("Owner") is the owner of the property located at 1600 Northwest 20 Street, Miami, Florida ("Property") and seeks mitigation of the Code liens at issue here; and WHEREAS, the Property is a commercial property in City Commission District 1; and WHEREAS, on June 9, 2021, Code Compliance case CE2021011435 ("Code Case") was opened; and WHEREAS, the violations of the Code Case were for work performed without a finalized permit, nonconforming work in the public right-of-way and work performed in the public right-of- way without a permit, to wit: creating a solid waste hauler container area in the alley; and WHEREAS, the Code Case was heard on September 8, 2021, before the Code Enforcement Board ("CEB"), and no one appeared for the Owner so the case was heard in absentia, found guilty, ordered to immediately comply and a $500.00 per diem lien should compliance not be timely; and WHEREAS, due to the Owner and its employees adopting remote work arrangements amidst the public health emergency precipitated by the Novel Coronavirus ("COVID-19") pandemic's onset in Florida and across the United States, the Owner failed to receive notification of the CEB hearing; and WHEREAS, that the affidavit of compliance was issued on shows that violations were complied on October 12, 2022, and the total amount of per diem lien accrued was $199,000.00, having run for 398 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on September 17, 2021 with the Miami -Dade Clerk of Court at recording book 32742 and page 4046; and WHEREAS, Owner will provide an affidavit attesting to the fact that the Owner applied for the demolition permit addressing the violations addressed in the Code Case in August 22, 2021 under BD21-019098-001, but the permit was not closed until September 3, 2022, so that the case could be reviewed and complied accordingly; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2023-24141 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 $500.00 as full and final settlement of the CE2021011435; 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 $5,500.00 as full and final settlement of the Code Compliance lien issued under Case No. CE2021011435. 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.