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HomeMy WebLinkAboutR-24-0173City of Miami Resolution R-24-0173 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15813 Final Action Date: 5/9/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 284 NW 45 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021004308, 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, Benasur, LLC, ("Owner") is the owner of the property located at 284 Northwest 45 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue here; and WHEREAS, the Property is located in City Commission District 5; and WHEREAS, on January 29, 2021, Code Compliance case CE2021004308 ("Code Case") was opened; and WHEREAS, the violations of the Code Case were for work without a permit, improper parking of vehicles and failure to maintain the property; and WHEREAS, the Code Case was heard on April 13, 2021, before the Code Enforcement Board ("CEB"), was found guilty, ordered to immediately comply and a $250.00 per diem lien should compliance not be timely; and WHEREAS, the Affidavit of Compliance was issued on March 1, 2022, and the total amount of per diem lien accrued was $80,250.00, having run for 321 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on April 22, 2021 with the Miami -Dade Clerk of Court at recording book 32462 and page 3466; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-1753 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; and City of Miami Page 1 of 2 File ID: 15813 (Revision: A) Printed On: 7/28/2025 File ID: 15813 Enactment Number: R-24-0173 WHEREAS, the Owner offers mitigation in the amount of $12,037.50 as full and final settlement of the CE2021004308; 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 $15,000.00 as full and final settlement of the Code Compliance lien issued under Case No. CE2021004308. 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: rge = . Wy ng Ill, C ty ttor -y 5/28/2024 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: 15813 (Revision: A) Printed on: 7/28/2025