HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16557
Date: 08/22/2024
Commission Meeting Date: 10/15/2024
Type: Resolution
Subject: Mitigation - 225 NW 16 Street
Purpose of Item:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
225 NW 16 STREET, MIAMI, FLORIDA, CASE NUMBER CE2014013873.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
225 NW 16 STREET, MIAMI, FLORIDA, CASE NUMBER CE2014013873, 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
Legislative Division
Office of the City Attorney
City Commission
Office of the City Attorney
City Commission
City Commission
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Joseph Castro
Nicole Ewan
Nicole Ewan
Maricarmen Lopez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Review
ACA Review
Meeting
Approved Form and Correctness
Meeting
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
08/22/2024 10:29 AM
08/22/2024 2:47 PM
08/23/2024 5:50 PM
08/26/2024 3:59 PM
08/27/2024 1:17 PM
09/04/2024 10:39 AM
09/06/2024 6:45 PM
09/26/2024 9:00 AM
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
10/16/2024 11:03 AM
10/16/2024 6:57 PM
10/23/2024 11:25 PM
10/23/2024 11:34 PM
Completed
10/28/2024 3:27 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0411
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16557 Final Action Date:10/15/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 225
NORTHWEST 16 STREET, MIAMI, FLORIDA, CASE NUMBER CE2014013873,
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, 225 GROUP, LLC ("Owner") is the Owner of the property located at 225
Northwest 16 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, the Property is an eight (8) unit apartment building zoned T5-L and located
in City Commission District 5; and
WHEREAS, on September 11, 2014, Code Compliance case CE2014013873 ("Code
Case") was opened on the Property; and
WHEREAS, the violation was for failure to have a certificate of use; and
WHEREAS, the Code Case was heard before the Code Enforcement Board ("CEB") on
June 10, 2015 where the Owner was found guilty and provided sixty (60) days to comply the
violation and a $250.00 per diem lien should compliance not be timely; and
WHEREAS, that the affidavit of compliance was issued on August 15, 2024, for a
Temporary Certificate of Use ("TCU") which was issued on July 16, 2024, and the total amount
of per diem lien accrued was $823,250.00, having run for 3,293 days; and
WHEREAS, the difference between July 16, 2024 and August 15, 2024 is thirty (30)
days which would change the total lien accrual to time compliance to 3,263 days and
$815,750.00 in fine; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on April 28, 2016 with the Miami -Dade Clerk of Court at recording book 30055 and page
962; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-13393 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 $15,000.00 as full and final
settlement of the CE2014013873;
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 $81,475.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2014013873 and shall have thirty days to
pay.
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.