HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15249
Date: 12/14/2023
Commission Meeting Date: 01/25/2024
Type: Resolution
Subject: Mitigation - 415 SW 32 AVENUE
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 3
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE
CODE ENFORCEMENT LIEN RECORDED MARCH 8, 2021 FOR CASE NUMBER
CE2019004523 FOR PROPERTY ADDRESS 415 SW 32 AVENUE MIAMI, FLORIDA.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE
CODE ENFORCEMENT LIEN RECORDED MARCH 8, 2021 FOR CASE NUMBER
CE2019004523 FOR PROPERTY ADDRESS 415 SW 32 AVENUE, MIAMI, FLORIDA, 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 LIENS; 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 City Attorney
Office of the City Attorney
Office of the Mayor
Office of the City Clerk
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
Deanna Rasco
Nicole Ewan
Deanna Rasco
Victoria Mendez
Mayor's Office
City Clerk's Office
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
ACA Review
City Attorney Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
01/08/2024 10:28 AM
01/09/2024 1:13 PM
01/09/2024 3:00 PM
01/09/2024 3:07 PM
01/09/2024 3:54 PM
01/10/2024 8:55 AM
01/10/2024 1:05 PM
01/25/2024 9:00 AM
01/31/2024 10:22 AM
01/31/2024 2:20 PM
02/02/2024 4:53 PM
02/02/2024 5:01 PM
Completed
02/14/2024 11:46 AM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0043
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15249 Final Action Date:1/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED MARCH 8, 2021 FOR CASE
NUMBER CE2019004523 FOR PROPERTY ADDRESS 415 SOUTHWEST 32
AVENUE, MIAMI, FLORIDA, 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 LIENS; 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, The Mangarate Trust Dated August 21, 2008, ("Owner") owns the property
located approximately at 415 Southwest 32 Avenue Miami, Florida ("Property"); and
WHEREAS, on January 7, 2019, the Code Enforcement Board ("CEB"), at a duly noticed
hearing, heard the violations as it related to Case No. CE2019004523; and
WHEREAS, the Property Owner at the time failed to appear for the hearing and the CEB
provided twenty-four (24) hours for compliance or a $250.00 per diem fine would issue; and
WHEREAS, the lien was recorded on March 8, 2021 in Official Records Book 32386 at
Page 1521; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until December 1, 2023; and
WHEREAS, there is a resulting lien on the property in the amount of $319,000.00; and
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami
Dade County, Case Number 2023-017525-CA-01(27); and
WHEREAS, the new Property Owner has requested 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 Office of the City Attorney has investigated and evaluated this matter
and recommends that said matter be heard based upon the foregoing;
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 Property Owner and
the advice and argument from the Code Compliance Department and any other relevant City
Department, the City Commission orders a mitigation in the amount of $31,900.00 as full and
final settlement of the Code Compliance violations issued under Case No. CE2019004523 from
the lien recorded with the Miami -Dade Clerk of Court at Official Records Book 32386 at Page
1521.
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.