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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15545 Date: 02/08/2024 Commission Meeting Date: 03/14/2024 Type: Resolution Subject: Mitigation - 1252 Coral Way 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 LIENS RECORDED AGAINST TEKRAB HOLDINGS, LLC , PROPERTY ADDRESS 1252 CORAL WAY AKA 1252 SW 22 STREET, MIAMI, FLORIDA, CASE NUMBERS CE20210017718 AND CE2021009859. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST TEKRAB HOLDINGS, LLC , PROPERTY ADDRESS 1252 CORAL WAY AKA 1252 SW 22 STREET, MIAMI, FLORIDA, CASE NUMBERS CE20210017718 AND CE2021009859, 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 Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Rachel Dooley Maricarmen Lopez Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Review ACA Review Meeting Completed Completed Completed Completed Completed Completed Completed Completed 02/12/2024 2:03 PM 02/12/2024 2:16 PM 02/12/2024 5:41 PM 02/20/2024 10:08 AM 02/20/2024 10:22 AM 02/22/2024 11:00 AM 02/22/2024 11:11 AM 03/14/2024 9:00 AM 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 Mayor's Office City Clerk's Office Valentin J Alvarez Rachel Dooley Victoria Mendez City Clerk's Office Signed by the Mayor 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 03/21/2024 9:17 AM 03/21/2024 9:29 AM 03/15/2024 12:03 PM 03/15/2024 12:13 PM Completed 03/21/2024 3:54 PM City of Miami Legislation Resolution Enactment Number: R-24-0104 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15545 Final Action Date:3/14/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1252 CORAL WAY, ALSO KNOWN AS 1252 SOUTHWEST 22 STREET, MIAMI, FLORIDA, CASE NUMBERS CE20210017718 AND CE2021009859, 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, TEKRAB HOLDINGS, LLC ("Owner") is the Owner of the property located at 1252 Coral Way (also known as 1252 SW 22 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 3; and WHEREAS, on May 17, 20211, Code Compliance case CE2021009859 ("Code Case") was opened; and WHEREAS, the violation of the Code Case was for no Business Tax Receipt ("BTR") obtained by the tenant at the Property; and WHEREAS, the Code Case was heard on October 13, 2021, before the Code Enforcement Board ("CEB"), and the Owner was present and given ninety (90) days to comply and a $250.00 per diem lien should compliance not be timely; and WHEREAS, that the affidavit of compliance was issued on shows that violation was complied on July 11, 2023, and the total amount of per diem lien accrued was $136,500.00 and ran for 546 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on July 27, 2021 with the Miami -Dade Clerk of Court at recording book 32645 and page 2848; and WHEREAS, on September 1, 2021, Code Compliance case CE2021017718 ("Code Case") was opened; and WHEREAS, the violation of the Code Case was for no Certificate of Use ("CU") for a tenant at the Property; and WHEREAS, the Code Case was heard on October 13, 2021, before the Code Enforcement Board ("CEB"), and the Owner was present and given ninety (90) days to comply and a $250.00 per diem lien should compliance not be timely; and WHEREAS, an extension of time to comply was granted on March 3, 2023 for a further 90 days and again on November 9, 2022; and WHEREAS, that the affidavit of compliance was issued on shows that violation was complied on July 11, 2023, and the total amount of per diem fine accrued was $38,500.00 as it ran for 154 days; and WHEREAS, no lien was recorded; and WHEREAS, during the course of attempting to comply the violations committed by the tenant for the above two cases, the Owner was also working to comply building code violations committed by the same tenant under case number BB2020022919; and WHEREAS, the illegal remodeling case was complied on November 7, 2022; and WHEREAS, as of November 2022, the Owner was seeking an extension of time on the code violations, however the Owner thought there was one case and not two cases so only set one for extension of time, causing case CE2021009859 to breach the CEB compliance date resulting in the lien being recorded; and WHEREAS, the Owner worked diligently with both Code Compliance and Building to correct the tenant violations and thought the matters were resolved once the Building cases were complied and tenant was able to apply for the CU and BTR; and WHEREAS, it took longer than expected for the tenant to obtain their CU and BTR; and WHEREAS, the Owner offers mitigation in the amount of $4,812.50 or 12.5% as full and final settlement of the CE2021017718; and WHEREAS, the Owner requests an abatement of the fine as full and final settlement of the CE2021009859; WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2023-27036 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; 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 ABATEMENT as full and final settlement of the Code Compliance lien issued under Case No. CE2021009859 and grants mitigation in the amount of $5,775.00 as full and final settlement of the Code Compliance lien issued under Case No. CE2021017718. 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.