HomeMy WebLinkAboutR-24-0016City of Miami
Resolution R-24-0016
Legislation
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,
City of Miami Page 1 of 2 File ID: 15226 (Revision: A) Printed On: 7/21/2025
File ID: 15226 Enactment Number: R-24-0016
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:
end aCity Attor ey 1/19/2024
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: 15226 (Revision: A) Printed on: 7/21/2025