HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
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
City of Miami Page 1 of 2 File ID: 16586 (Revision:) Printed On: 8/7/2025
File ID: 16586 Enactment Number:
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.
City of Miami Page 2 of 2 File ID: 16586 (Revision:) Printed on: 8/7/2025