HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16616
Date: 09/06/2024
Commission Meeting Date: 10/15/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 2
Resolution
Mitigation - 137 North Miami Avenue
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
137 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER 00023534.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
137 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER 00023534, 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
09/07/2024 9:57 AM
09/09/2024 10:07 AM
09/09/2024 12:16 PM
09/09/2024 1:43 PM
09/11/2024 12:29 PM
09/11/2024 1:53 PM
09/20/2024 10:43 AM
09/24/2024 12:54 PM
10/08/2024 5:01 PM
10/10/2024 9:00 AM
10/15/2024 9:00 AM
Legislative Division
Office of the City Attorney
Office of the Mayor
Office of the City Clerk
Office of the City Attorney
Office of the City Clerk
Valentin J Alvarez
Rachel Dooley
Mayor's Office
City Clerk's Office
George K. Wysong III
City Clerk's Office
Legislative Division Review
ACA Review
Unsigned by the Mayor
Completed
Completed
Completed
Signed and Attested by the City Clerk Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
10/22/2024 9:11 AM
10/22/2024 9:41 AM
10/23/2024 11:23 PM
10/23/2024 11:30 PM
Completed
10/28/2024 3:45 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0407
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16616 Final Action Date:10/15/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 137 NORTH
MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER 00023534, 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, Scanda Property 2, LLC, ("Owner") is the owner of the property located at
137 North Miami Avenue, 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 located in City
Commission District 2; and
WHEREAS, on September 7, 2022, Code Compliance case 00023534 ("Code Case")
was opened on the Property; and
WHEREAS, the violations of the Code Case were for failure to maintain the exterior,
failure to register a vacant structure, failure to display address, failure to maintain the lot, and
failure to comply with illumination standards; and
WHEREAS, the Code Case was heard on November 9, 2022, before the Code
Enforcement Board ("CEB"), and the Owner pled guilty with ninety (90) days to comply or a
$500.00 per diem would issue; and
WHEREAS, the Owner also received another one hundred twenty (120) days extension
on March 2, 2023; and
WHEREAS, the affidavit of compliance shows that violations were complied on January
10, 2024, and the total amount of per diem lien accrued was $95,500.00, having run for one
hundred ninety one (191) days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on September 19, 2023 with the Miami -Dade Clerk of Court at recording book 33887 and
page 2490; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-11560 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 $14,325.00 as full and final
settlement of the 00023534;
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 $14,325.00 as full and final settlement of
the Code Compliance lien issued under Case No. 00023534.
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.