HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16389
Date: 07/18/2024
Commission Meeting Date: 09/12/2024
Type: Resolution
Subject: Mitigation - 1168 NW 2 Street
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 RECORDED AGAINST PROPERTY ADDRESS
1168 NORTHWEST 2 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019008507,
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.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
1168 NORTHWEST 2 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019008507.
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
Leon P Michel
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
07/22/2024 10:33 AM
07/26/2024 9:02 AM
07/31/2024 2:18 PM
07/31/2024 2:45 PM
07/31/2024 3:10 PM
07/31/2024 4:01 PM
08/01/2024 8:51 AM
09/12/2024 9:00 AM
09/20/2024 3:11 PM
09/20/2024 3:26 PM
09/17/2024 4:38 PM
Office of the City Attorney Rachel Dooley ACA Review Completed 09/18/2024 2:07 PM
Office of the City Attorney George K. Wysong III Approved Form and Correctness with Modification(s) Completed
Office of the City Clerk City Clerk's Office Rendered Completed 09/30/2024 11:36 AM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0348
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16389 Final Action Date:9/12/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 1168
NORTHWEST 2 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019008507, 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, QUE BOLA ASERE, INC ("Owner") is the owner of the property located at
1168 Northwest 2 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at
issue here; and
WHEREAS, The Property is any empty lot zoned T6-8-O located in City Commission
District 3; and
WHEREAS, on May 1, 2019, Code Compliance case CE2019008507 ("Code Case) was
opened on the Property; and
WHEREAS, the violations of the Code Case were for failure to maintain the lot,
nonconforming parking lot, parking on unimproved surfaces and nonconforming construction in
the right-of-way; and
WHEREAS, the Code Case was heard before the Code Enforcement Board ("CEB") on
November 7, 2019 where the Owner was found guilty and provided ninety (90) days to comply
the violation and a $250.00 per diem lien should compliance not be timely; and
WHEREAS, the Owner sought a timely extension of time from the original CEB order
and on March 11, 2020, the Owner was granted another ninety (90) days to comply. No
extension of time request was made after this hearing; and
WHEREAS, the affidavit of compliance issued shows that the final two (2) violations
were complied on May 2, 2023 and the total amount of per diem lien accrued was $264,250.00,
having run for 1,057 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on April 2, 2021 with the Miami -Dade Clerk of Court at recording book 32435 and page
2509; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-8933 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 $39,637.50 as full and final
settlement of the CE2019008507;
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 $39,637.50 as full and final settlement of
the Code Compliance lien issued under Case No. CE2019008507.
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.