HomeMy WebLinkAboutR-24-0410City of Miami
Resolution R-24-0410
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16707 Final Action Date: 10/15/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 601
SOUTHWEST 6 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020012472,
AND PROPERTY ADDRESS 1111 NORTHWEST 6 STREET, MIAMI, FLORIDA,
CASE NUMBER CE2019007735, 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, VQ EVERGLADES DEVELOPMENT, LLC ("Owner") is the owner of the
property located at 601 Southwest 6 Street, Miami, Florida ("Property No. 1") and 1111
Northwest 6 Street, Miami, Florida ("Property No. 2") and seeks mitigation of the Code liens at
issue here; and
WHEREAS, Property No. 1 is a multi -family residential property (4-units) located in City
Commission District 3; and
WHEREAS, Property No. 2 is an empty lot designated T4-L located in City Commission
District 3; and
WHEREAS, on July 8, 2020, Code Compliance case CE2020012472 ("Code Case #1")
was opened on Property No. 1; and
WHEREAS, the violations of the Code Case were for no Certificate of Use, No Business
Tax Receipt, removal of required landscaping and failure to maintain the lot; and
WHEREAS, Code Case #1 was heard on March 4, 2021, before the Code Enforcement
Board ("CEB"), where the Owner pled guilty and was required to comply the violations within 24-
hours or a $500.00 per diem lien should compliance not be timely; and
WHEREAS, the affidavit of compliance shows that violations were complied on August
3, 2024, and the total amount of per diem lien accrued was $623,500.00, having run for 1,247
days; and
WHEREAS, an email sent by the case Code Compliance Inspector states the violation
compliance date was actually June 4, 2024 which would bring the days of open violation to
1,187 days with a final per diem about of $593,500.00; and
City of Miami Page 1 of 3 File ID: 16707 (Revision: A) Printed On: 8/7/2025
File ID: 16707 Enactment Number: R-24-0410
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on April 7, 2021, with the Miami -Dade Clerk of Court at recording book 32435 and page
2648; and
WHEREAS, on April 26, 2019, Code Compliance case CE2019007735 ("Code Case
#2") was opened for violations of failure to maintain the exterior, parking on unimproved
surfaces, parking of inoperable or untagged vehicles and no certificate of use; and
WHEREAS, the Code Case was heard on November 7, 2019, found in violation with
ordered immediate compliance as well as retroactive lien date to the date of original compliance
date due to being a repeat violation with a per diem lien of $250.00; and
WHEREAS, the original date of compliance was May 5, 2019; and
WHEREAS, the affidavit of compliance was issued on June 4, 2024 and the total amount
of per diem lien accrued was $462,250.00, having run for 1,856 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on December 19, 2019 with the Miami -Dade Clerk of Court at recording book 31735 and
page 2413; and
WHEREAS, Property #2 was demolished pursuant to an order of the Unsafe Structure
Panel and that permit was finalized on September 17, 2021, under BD21-006584-001; and
WHEREAS, Code Compliance was not contacted by the Owner to comply Code Case
#2 upon the date of demolition completion; and
WHEREAS, the number of days from May 5, 2019 to September 17, 2021 850 days with
a per diem of $250.00 per day would bring the total lien to $212,500.00; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-8115 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 $29,675.00 as full and final
settlement of the CE202012472; and
WHEREAS, the Owner offers mitigation in the amount of $10,625.00 as full and final
settlement of the CE2019007735;
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.
City of Miami Page 2 of 3 File ID: 16707 (Revision: A) Printed on: 8/7/2025
File ID: 16707 Enactment Number: R-24-0410
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 $59,350.00 (or 10%) as full and final
settlement of the Code Compliance lien issued under Case No. CE2020012472 and grants
mitigation in the amount of $42,500.00 (or 20%) as full and final settlement of the Code
Compliance lien issued under Case No. CE2019007735.
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 Wyy ng III, C y ttor -y 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 3 of 3 File ID: 16707 (Revision: A) Printed on: 8/7/2025