HomeMy WebLinkAboutR-24-0409City of Miami
Resolution R-24-0409
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16686 Final Action Date: 10/15/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2505
NORTH MIAMI AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2019019533,
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, Patbe Investments, LLC, ("Owner") is the owner of the property located at
2505 North Miami Avenue, Miami, Florida ("Property") and seeks mitigation of the Code lien at
issue here; and
WHEREAS, the Property is a vacant lot zoned T6-8-O and located in City Commission
District 5; and
WHEREAS, on October 9, 2019, Code Compliance case CE2019019533 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case were improper parking of vehicles on
unimproved surfaces and failure to register a vacant lot; and
WHEREAS, the Code Case was heard on October 14, 2020, before the Code
Enforcement Board ("CEB"), no one appeared for the Owner, the Property was found in
violation and immediate compliance was ordered or a per diem lien in the amount of $250.00
would issue; and
WHEREAS, the case was complied on June 23, 2022 and the total amount of per diem
lien accrued was $154,000.00, having run for 616 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on December 7, 2020 with the Miami -Dade Clerk of Court at recording book 32225 and
page 140; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-15926 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
City of Miami Page 1 of 2 File ID: 16686 (Revision: A) Printed On: 8/7/2025
File ID: 16686 Enactment Number: R-24-0409
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 of the Property is an elderly person and had difficulties
navigating City Departments during the initial phase of the Novel Coronavirus ("COVID -19")
pandemic when the Neighborhood Enhancement Team ("NET") offices were removed and so
the registration was not timely and properly completed; and
WHEREAS, the Owner believes, based upon evidence provided to the City, that the
tenant stopped using the lot for parking on or about October 31, 2020; and
WHEREAS, as October 31, 2020 is the actual date of compliance, then the amount of
lien total the Owner requests to be considered is 16 days at $250.00 per diem or $4,000.00
amount; and
WHEREAS, the Owner offers mitigation in the amount of $1,000.00 as full and final
settlement of the Code Case based upon the above facts and circumstances;
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 $7,700.00 as full and final settlement of
the Code Compliance lien issued under Case No.CE2019019533.
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:
rge Wy y • ng III, C ty ttor ey 10/28/2024
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: 16686 (Revision: A) Printed on: 8/7/2025