HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16586
Date: 08/29/2024
Commission Meeting Date: 10/15/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 1
Resolution
Mitigation - 4750 Northwest 7 Street
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
4750 NORTHWEST 7 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021021926.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
4750 NORTHWEST 7 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021021926,
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
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Nicole Ewan
Nicole Ewan
Maricarmen Lopez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Deputy City Manager Review
City Manager Review
Legislative Review
ACA Review
Approved Form and Correctness
Meeting
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
09/04/2024 3:07 PM
09/05/2024 8:51 AM
09/09/2024 12:17 PM
09/09/2024 1:42 PM
09/11/2024 12:28 PM
09/11/2024 1:55 PM
09/18/2024 2:43 PM
09/19/2024 4:57 PM
10/08/2024 5:01 PM
10/10/2024 9:00 AM
10/15/2024 9:00 AM
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16586 Final Action Date:10/15/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
4750 NORTHWEST 7 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021021926,
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, Jose Landman ("Owner") is the owner of the property located at 4750
Northwest 7 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, the Property is a commercial property zoned T6-8-O with multiple retail
outlets located in City Commission District 1; and
WHEREAS, on October 22, 2021, Code Compliance case CE2021021926 ("Code
Case") was opened on the Property; and
WHEREAS, the violation of the Code Case was for improper discharge of substances
into the storm sewer system or waterway; and
WHEREAS, the Code Case was heard on January 12, 2022, before the Code
Enforcement Board ("CEB"), and no one appeared for the Owner, the case was heard in
absentia, found guilty, ordered to immediately comply with a $1,000.00 per diem fine and an
$5,000.00 irreparable harm fine; and
WHEREAS, the affidavit of compliance was issued on October 7, 2022 and the total
amount of per diem lien accrued was $267,000.00, having run for 267 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on January 8, 2024 with the Miami -Dade Clerk of Court at recording book 34042 and
page 4043; and
WHEREAS, the Owner installed a new sewer cap as of October 7, 2022 per City Public
Works; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-11882 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 paid the irreparable harm fine of $5,000.00 in a timely manner;
and
WHEREAS, the Owner had contractors working on the issue from November of 2021
through October of 2022 when the final sewer cap was placed; and
WHEREAS, the Code Case could not be complied until the final sewer cap was installed
but the spillage had already ceased; and
WHEREAS, the Owner offers mitigation in the amount of $13,500.00 as full and final
settlement of the CE2021021926 based upon the facts as related above which is exclusive of
the $5,000.00 fine which was already paid;
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/denies mitigation in the amount of $ as full
and final settlement of the Code Compliance lien issued under Case No. CE2021021926.
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.