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HomeMy WebLinkAboutR-24-0176City of Miami Resolution R-24-0176 Legislation 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 City of Miami Page 1 of 4 File ID: 15916 (Revision: C) Printed On: 7/28/2025 File ID: 15916 Enactment Number: R-24-0176 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: City of Miami Page 2 of 4 File ID: 15916 (Revision: C) Printed on: 7/28/2025 File ID: 15916 Enactment Number: R-24-0176 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. City of Miami Page 3 of 4 File ID: 15916 (Revision: C) Printed on: 7/28/2025 File ID: 15916 Enactment Number: R-24-0176 APPROVED AS TO FORM AND CORRECTNESS: g Wy j ng fll, C y ttor y 5/31/2024 City of Miami Page 4 of 4 File ID: 15916 (Revision: C) Printed on: 7/28/2025