HomeMy WebLinkAboutR-24-0459City of Miami
Resolution R-24-0459
Legislation
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
City of Miami Page 1 of 2 File ID: 16709 (Revision: A) Printed On: 8/11/2025
File ID: 16709 Enactment Number: R-24-0459
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:
rge Wy y • ng III, C ty ttor ey 11/25/2024
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: 16709 (Revision: A) Printed on: 8/11/2025