HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16132
Date: 05/28/2024
Commission Meeting Date: 07/25/2024
Type: Resolution
Subject: Mitigation - 6050 North Miami Ave
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
6050 NORTH MIAMI AVENUE, MIAMI, FLORIDA.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
6050 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2020011764
AND 00035356 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 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
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Maricarmen Lopez
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Review
ACA Review
Meeting
Signed by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
06/14/2024 1:20 PM
07/03/2024 1:41 PM
07/05/2024 10:28 AM
07/11/2024 9:49 AM
07/11/2024 12:22 PM
07/12/2024 11:47 AM
07/12/2024 12:23 PM
07/25/2024 9:00 AM
07/30/2024 3:16 PM
07/30/2024 3:31 PM
07/31/2024 9:15 AM
Office of the City Attorney Rachel Dooley ACA Review Completed 07/31/2024 9:38 AM
Office of the City Attorney John Greco Approved Form and Correctness with Modification(s) Completed
Office of the City Clerk City Clerk's Office Rendered Completed 08/12/2024 1:40 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0304
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16132 Final Action Date:7/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 6050 NORTH
MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2020011764 AND 00035356
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, Bellsouth Telecommunications, LLC, ("Owner") is the owner of the property
located at 6050 North Miami Avenue, Miami, Florida ("Property") and seeks mitigation of the
Code lien at issue here; and
WHEREAS, the Property is zoned T3-O but has been a continuous vacant lot for
decades and it is located in City Commission District 5; and
WHEREAS, on June 25, 2020, Code Compliance case CE2020011754 ("Code Case
#1") was opened; and
WHEREAS, the violations of Code Case #1 were for failure to maintain the lot and
register the vacant lot; and
WHEREAS, Code Case #1 was heard on February 10, 2021, before the Code
Enforcement Board ("CEB"), found guilty, and the Owner was given immediate compliance or a
lien in the amount of $250.00 would issue; and
WHEREAS, Code Case #1 was complied on July 31, 2022 and the total amount of per
diem lien accrued was $133,750.00, having run for 535 days; and
WHEREAS, the lien on Code Case #1 was recorded as a Final Administrative
Enforcement Notice on February 19, 2021 with the Miami -Dade Clerk of Court at recording book
32359 and page 3587; and
WHEREAS, on January 11, 2023, Code Compliance case 00035356 ("Code Case #2")
was opened; and
WHEREAS, the violation of Code Case #2 was for failure to maintain the lot; and
WHEREAS, Code Case #2 was heard on November 8, 2023, before the Code
Enforcement Board ("CEB"), found guilty, and the Owner was given three (3) days to comply or
a lien in the amount of $1,000.00 would issue; and
WHEREAS, Code Case #2 was complied on February 1, 2024, and the total amount of
per diem lien accrued was $80,000.00, having run for 80 days; and
WHEREAS, the lien on Code Case #2 was recorded as a Final Administrative
Enforcement Notice on November 27, 2023 with the Miami -Dade Clerk of Court at recording
book 33982 and page 2397; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-2444 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 $13,375.00 as full and final
settlement of the CE2020011754 and $12,000.00 as full and final settlement of 00035356 which
was the amount of mitigation determined by the CEB for the mirror violation on the adjoining
property;
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 $33,437.50 as full and final settlement of
the Code Compliance lien issued under Case No. CE2020011754 and grants mitigation in the
amount of $20,000.00 as full and final settlement of the Code Compliance lien issued under
Case No. 00035356.
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.