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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15226 Date: 12/07/2023 Commission Meeting Date: 01/11/2024 Type: Resolution Subject: Mitigation - 2110 NW 13TH AVE Purpose of Item: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 2 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2110 NW 13 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021010072 Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2110 NW 13 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021010072, 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 11:51 AM 12/08/2023 1:05 PM 12/08/2023 3:55 PM 12/08/2023 3:56 PM 12/11/2023 12:49 PM 12/11/2023 5:52 PM 12/11/2023 5:57 PM 01/11/2024 9:00 AM 01/17/2024 9:24 AM 01/17/2024 9:33 AM 01/17/2024 1:05 PM 01/17/2024 2:17 PM Completed 01/22/2024 9:49 AM City of Miami Legislation Resolution Enactment Number: R-24-0016 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15226 Final Action Date:1/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2110 NORTHWEST 13 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021010072, 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, 2110 TTH23, LLC ("Owner") is the owner of the property located at 2110 Northwest 13 Avenue, Miami, Florida ("Property") and seeks mitigation of the Code liens at issue here; and WHEREAS, the Property is in an industrial zoned area located within City Commission District 1; and WHEREAS, on May 19, 2021, Code Compliance case CE2021010072 ("Code Case") was opened; and WHEREAS, the violations of the Code Case were for the tenant failure to have a certificate of use, business tax receipt and displaying merchandize outside without approval; and WHEREAS, the Code Case was heard on September 2, 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, that the affidavit of compliance was issued on shows that violations were complied on August 9, 2023, and the total amount of per diem lien accrued was $352,000.00, having run for 705 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on September 9, 2021 with the Miami -Dade Clerk of Court at recording book 32727 and page 873; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2023-24860 CA 01 ("Court Case") to quiet title to the Property which is attached as Exhibit A; and WHEREAS, the Owner asserts and will present with affidavit, testimonial proof that the tenant had vacated the Property on August 14, 2021, prior to the hearing in 2021, however, Code Compliance was not notified of the facts at the time and it was occupied on August 11, 2021 when Code Compliance posted notice for the hearing; 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 $10,000.00 as full and final settlement of the Code Compliance lien issued under Case No. CE2021010072. 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.