HomeMy WebLinkAboutR-24-0104City of Miami
Resolution R-24-0104
Legislation
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
City of Miami Page 1 of 3 File ID: 15545 (Revision: A) Printed On: 7/25/2025
File ID: 15545 Enactment Number: R-24-0104
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.
City of Miami Page 2 of 3 File ID: 15545 (Revision: A) Printed on: 7/25/2025
File ID: 15545 Enactment Number: R-24-0104
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:
ndez, City Attor
3/21/2024
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 3 of 3 File ID: 15545 (Revision: A) Printed on: 7/25/2025