HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15916
Date: 04/17/2024
Commission Meeting Date: 05/09/2024
Type: Resolution
Subject: Mitigation - 701 Associates LLC
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 CE19009619 RECORDED JANUARY 15, 2020
FOR CASE NUMBER CE2019009619, THE CODE ENFORCEMENT LIEN
CE19009611 RECORDED JANUARY 15, 2020 FOR CASE NUMBER CE2019009611,
THE CODE ENFORCEMENT LIEN CE19019234 RECORDED OCTOBER 28, 2020
FOR CASE NUMBER CE2019019234, AND THE CODE ENFORCEMENT LIEN
CE2019019235 FOR CASE NUMBER CE2019019235 FOR PROPERTY ADDRESS
704 SW 7 AVENUE, 712 SW 7 AVENUE, 716 SW 7 AVENUE, 720 SW 7 AVENUE,
734 SW 7 AVENUE, 701 SW 8 STREET, 705 SW 8 STREET AND SW 721 SW 8
STREET, MIAMI, FLORIDA.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN CE19009619 RECORDED JANUARY 15, 2020
FOR CASE NUMBER CE2019009619, THE CODE ENFORCEMENT LIEN
CE19009611 RECORDED JANUARY 15, 2020 FOR CASE NUMBER CE2019009611,
THE CODE ENFORCEMENT LIEN CE19019234 RECORDED OCTOBER 28, 2020
FOR CASE NUMBER CE2019019234, AND THE CODE ENFORCEMENT LIEN
CE2019019235 FOR CASE NUMBER CE2019019235 FOR PROPERTY ADDRESS
704 SW 7 AVENUE, 712 SW 7 AVENUE, 716 SW 7 AVENUE, 720 SW 7 AVENUE,
734 SW 7 AVENUE, 701 SW 8 STREET, 705 SW 8 STREET AND SW 721 SW 8
STREET, MIAMI, FLORIDA, AS JOINED BY THE UNITY OF TITLE ENTERED INTO
ON SEPTEMBER 21, 2021, 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
Office of the City Attorney
Office of the City Attorney
City Commission
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
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Arthur Noriega V
Valentin J Alvarez
Deanna Rasco
Mabel Betancourt
George K. Wysong III
Maricarmen Lopez
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Deanna Rasco
George K. Wysong III
City Clerk's Office
Department Head Review Completed
Budget Analyst Review Completed
Budget Review Completed
Assistant City Manager Review Completed
City Manager Review Completed
Legislative Review Completed
ACA Review Completed
City Attorney Review Skipped
Approved Form and Correctness Completed
Meeting Completed
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
ACA Review Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
04/19/2024 3:24 PM
04/21/2024 7:06 AM
04/23/2024 11:32 AM
04/23/2024 3:50 PM
04/26/2024 6:10 PM
04/29/2024 8:15 AM
04/29/2024 12:59 PM
04/25/2024 3:43 PM
05/31/2024 6:04 PM
05/09/2024 9:00 AM
05/17/2024 2:14 PM
05/17/2024 2:31 PM
05/17/2024 3:06 PM
05/31/2024 1:26 PM
Completed
06/04/2024 12:05 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0176
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15916 Final Action Date:5/9/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING CODE
ENFORCEMENT LIEN CE2019009619, RECORDED JANUARY 15, 2020, CODE
ENFORCEMENT LIEN CE2019009611, RECORDED JANUARY 15, 2020 CODE
ENFORCEMENT LIEN CE2019019234, RECORDED OCTOBER 28, 2020, AND CODE
ENFORCEMENT LIEN CE2019019235, FOR PROPERTY ADDRESS 704
SOUTHWEST 7 AVENUE, 712 SOUTHWEST 7 STREET, 716 SOUTHWEST 7
STREET, 720 SOUTHWEST 7 AVENUE, 720 SOUTHWEST 7 STREET, 734
SOUTHWEST 7 AVENUE, 701 SOUTHWEST 8 STREET, 705 SOUTHWEST 8
STREET AND 721 SOUTHWEST 8 STREET, MIAMI, FLORIDA, AS JOINED BY THE
UNITY OF TITLE ENTERED INTO ON SEPTEMBER 21, 2021, 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, 701 Associates LLC ("Owner"), owns the property located approximately at
704 Southwest 7 Avenue, 712 Southwest 7 Street, 716 Southwest 7 Street, 720 Southwest 7
Avenue, 720 Southwest 7 Street, 734 Southwest 7 Avenue, 701 Southwest 8 Street, 705
Southwest 8 Street, and 721 Southwest 8 Street, as executed in the Unity of Title dated
September20, 2021, Miami, Florida ("Property"); and
WHEREAS, on October 19, 2019, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2019009619; and
WHEREAS, the Property Owner was given until January 2, 2020 to comply or a $250.00
per diem fine would issue; and
WHEREAS, the lien was recorded on January 15, 2020 in Official Records Book 31780
at Page 3734; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until October 18, 2022; and
WHEREAS, there is a resulting lien on the Property in the amount of $255,000.00; and
WHEREAS, on October 19, 2019, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2019009611; and
WHEREAS, the Property Owner was given until January 2, 2020 to comply or a $250.00
per diem fine would issue; and
WHEREAS, the lien was recorded on January 15, 2020 in Official Records Book 31780
at Page 3892; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until October 18, 2022; and
WHEREAS, there is a resulting lien on the Property in the amount of $255,000.00; and
WHEREAS, on October 19, 2020, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2019019234; and
WHEREAS, the Property Owner was given until October 20, 2020 to comply or a
$250.00 per diem fine would issue; and
WHEREAS, the lien was recorded on October 22, 2020 in Official Records Book 32171
at Page 2536: and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until October 18, 2022; and
WHEREAS, there is a resulting lien on the Property in the amount of $181,750.00; and
WHEREAS, on October 19, 2020, the Code Enforcement Board ("CEB"), at a duly
noticed hearing, heard the violations as it related to Case No. CE2019019235; and
WHEREAS, the Property Owner was given until October 20, 2020 to comply or a
$250.00 per diem fine would issue; and
WHEREAS, the Property remained non -compliant after the expiration of the allowable
cure period and was non -compliant until October 18, 2022; and
WHEREAS, there is a resulting lien on the property in the amount of $181,750.00; and
WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit, of Miami
Dade County, Case Number 2024-004490-CA-01 (21); 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 Commission amended the resolution on the floor to include a Code
Enforcement Ticket, Ticket Number 74240 in the amount of $525.00; 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 $9,125.00 as full and
final settlement of the Code Compliance violations issued under Case No. CE2019009619 from
the lien recorded with the Miami -Dade Clerk of Court at Official Records Book 31780 at Page
3734.
Section 3. 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 $9,125.00 as full and
final settlement of the Code Compliance violations issued under Case No. CE2019009611 from
the lien recorded with the Miami -Dade Clerk of Court at Official Records Book 31780 at Page
3892.
Section 4. 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 $18,175.00 as full and
final settlement of the Code Compliance violations issued under Case No. CE2019019234 from
the lien recorded with the Miami -Dade Clerk of Court at Official Records Book 32171 at Page
2536.
Section 5. 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 $18,175.00 as full and
final settlement of the Code Compliance violations issued under Case No. CE2019019235 from
the lien.
Section 6. 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 $52.50 as full and final
settlement of the Code Compliance violations issued under Case No. 74240 from the lien.
Section 7. 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 8. 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 9. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
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.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C yattory / 513112024