HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16228
Date: 06/13/2024
Commission Meeting Date: 06/27/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
Resolution
Mitigation - Amsdell Storage Ventures
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
7751 NW 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER 00015251.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
7751 NW 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER 00015251, 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 is NOT funded by Bonds
Item has NOT an Expenditure
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
Legislative Division
Office of the City Attorney
Office of the City Attorney
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Maricarmen Lopez
Valentin J Alvarez
Rachel Dooley
George K. Wysong III
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Review
ACA Review
Meeting
Legislative Division Review
ACA Review Completed
Approved Form and Correctness with Modification(s)
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
06/17/2024 10:04 AM
06/17/2024 10:22 AM
06/17/2024 4:13 PM
06/17/2024 6:04 PM
06/17/2024 7:19 PM
06/17/2024 7:37 PM
06/17/2024 7:53 PM
06/27/2024 9:00 AM
06/28/2024 11:23 AM
07/01/2024 8:51 AM
Completed
Office of the Mayor Mayor's Office Signed by the Mayor Completed 07/05/2024 11:40 AM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 07/05/2024 11:46 AM
Office of the City Clerk City Clerk's Office Rendered Completed 07/05/2024 11:46 AM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0246
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16228 Final Action Date:6/27/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 7751
NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER 00015251, 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, Amsdell Storage Ventures 64, LLC ("Owner") is the Owner of the property
located at 7751 Northwest 2 Avenue, Miami, Florida ("Property") and seeks mitigation of the
Code liens at issue here; and
WHEREAS, the Property is a vacant lot zoned T5-R located in City Commission District
5; and
WHEREAS, on June 9, 2022, Code Compliance case 00015251 ("Code Case") was
opened; and
WHEREAS, the violations of the Code Case were for failure to have a Certificate of Use,
Failure to have a Business Tax Receipt, Failure to Maintain the Lot, and Parking or Storage of
Inoperable Vehicle(s); and
WHEREAS, the Code Case was heard on October 23, 2022, before the Code
Enforcement Board ("CEB"), and Owner was given time to comply or a $500.00 per diem lien
should compliance not be timely; and
WHEREAS, that the affidavit of compliance was issued on shows that violations were
complied on December 11, 2023, and the total amount of per diem lien accrued was
$131,500.00, having run for 263 days; and
WHEREAS, counsel for the Owner had timely requested an extension of time before the
CEB, however the email sent for hearing notice ended up in a "spam" drive and the hearing set
for March 22, 2023 was missed; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-8861 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
WHEREAS, the Owner offers mitigation in the amount of $6,575.00 as full and final
settlement of the 00015251;
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. 00015251.
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.