HomeMy WebLinkAboutR-24-0411City of Miami
Resolution R-24-0411
Legislation
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
City of Miami Page 1 of 2 File ID: 16557 (Revision: A) Printed On: 8/7/2025
File ID: 16557 Enactment Number: R-24-0411
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:
rge
ng III, C ty 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 2 of 2 File ID: 16557 (Revision: A) Printed on: 8/7/2025