HomeMy WebLinkAboutR-24-0043City of Miami
Resolution R-24-0043
Legislation
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.
City of Miami Page 1 of 2 File ID: 15249 (Revision: A) Printed On: 7/21/2025
File ID: 15249 Enactment Number: R-24-0043
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:
ndez, City Attor ey ) 2/14/2024
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: 15249 (Revision: A) Printed on: 7/21/2025