HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16709
Date: 09/25/2024
Commission Meeting Date: 11/21/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
Resolution
Mitigation - 3301 Northeast 1 Avenue, Unit 108
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
3301 NE 1 AVENUE, UNIT 108, MIAMI, FLORIDA, CASE NUMBER CE2021020046.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
3301 NE 1 AVENUE, UNIT 108, MIAMI, FLORIDA, CASE NUMBER CE2021020046,
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
City Commission
City Commission
Office of the Mayor
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Marie Gouin
Barbara Hernandez
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Maricarmen Lopez
Maricarmen Lopez
Mayor's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Deputy City Manager Review
City Manager Review
Legislative Review
ACA Review
Meeting
Meeting
Signed by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
09/26/2024 7:41 PM
09/27/2024 2:02 PM
09/27/2024 3:15 PM
09/30/2024 10:05 AM
09/30/2024 10:18 AM
09/30/2024 12:34 PM
10/07/2024 8:19 AM
10/07/2024 9:03 AM
10/24/2024 9:00 AM
11/21/2024 9:00 AM
11/27/2024 1:52 PM
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Office of the City Clerk
Valentin J Alvarez
Rachel Dooley
George K. Wysong III
City Clerk's Office
City Clerk's Office
Legislative Division Review Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Signed and Attested by the City Clerk Completed
Rendered Completed
11/25/2024 3:20 PM
11/25/2024 3:39 PM
Completed
11/27/2024 2:19 PM
11/27/2024 2:19 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0459
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16709 Final Action Date:11/21/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 3301
NORTHEAST 1 AVENUE, UNIT 108, MIAMI, FLORIDA, CASE NUMBER
CE2021020046, 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, Midtown Miami Retail #4, LLC, ("Owner") is the owner of the property
located at 3301 Northeast 1 Avenue, Unit 108, Miami, Florida ("Property") and seeks mitigation
of the Code lien at issue here; and
WHEREAS, the Property is a mixed -use commercial property zoned T6-24A-O and
located in City Commission District 5; and
WHEREAS, on September 29, 2021, Code Compliance case CE2021020046 ("Code
Case") was opened; and
WHEREAS, the violation of the Code Case was for work performed without a permit for
an illuminated sign as well as for a stage and speakers; and
WHEREAS, the Code Case was heard in absentia due to the Owner representative not
having a valid Power of Attorney on February 3, 2022, before the Code Enforcement Board
("CEB"), the Property was found in violation and given ninety (90) days for compliance or a per
diem lien in the amount of $250.00 would issue; and
WHEREAS, no extension of time was requested; and
WHEREAS, the case was complied on April 30, 2024, and the total amount of per diem
lien accrued was $181,750.00, having run for 727 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on May 18, 2022 with the Miami -Dade Clerk of Court at recording book 33191 and page
4641; 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 finalized the sign permit on October 20, 2021, prior to hearing
and that violation was compiled at that time; and
WHEREAS, the Owner finalized a remodeling/electrical permit on December 15, 2023;
and
WHEREAS, based upon an actual compliance date of December 15, 2023, the Owner
believes the total lien accrued to be 727 days less the 137 days equaling 600 days or
$150,000.00; 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 of Miami ("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 CE2021020046 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 $15,000.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2021020046.
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.