HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16762
Date: 10/09/2024
Commission Meeting Date: 11/21/2024
Type: Resolution
Subject: Mitigation - 301 NW 25 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 LIENS RECORDED AGAINST PROPERTY ADDRESS
301 NW 25 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2021010121.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
301 NW 25 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2021010121, 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
Legislative Division
Office of the City Attorney
Reviewed B
Robert Santos-Alborna
Jacques Joseph
Leon P Michel
Barbara Hernandez
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Maricarmen Lopez
Valentin J Alvarez
Rachel Dooley
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Deputy City Manager Review
City Manager Review
Legislative Review
ACA Review
Meeting
Legislative Division Review
ACA Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
10/09/2024 10:41 AM
10/09/2024 1:02 PM
10/09/2024 1:13 PM
10/17/2024 9:00 AM
10/17/2024 11:43 AM
10/21/2024 1:43 PM
10/23/2024 12:51 PM
10/23/2024 3:08 PM
11/21/2024 9:00 AM
11/25/2024 3:18 PM
11/25/2024 3:41 PM
Office of the City Attorney George K. Wysong III Approved Form and Correctness with Modification(s) Completed
Office of the Mayor Mayor's Office Signed by the Mayor Completed 11/27/2024 2:01 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 11/27/2024 2:20 PM
Office of the City Clerk City Clerk's Office Rendered Completed 11/27/2024 2:20 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0460
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16762 Final Action Date:11/21/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 301 NW 25
STREET, MIAMI, FLORIDA, CASE NUMBERS CE2021010121, AFTERA 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, Bhenas, Inc. ("Owner") is the owner of the property located at 301
Northwest 25 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, the Property is a commercial zoned lot with no structure that was purchased
in 2003 and is located in City Commission District 5; and
WHEREAS, on May 20, 2021, Code Compliance case CE2021010121 ("Code Case")
was opened; and
WHEREAS, the violations of Code Case were for establishing a new use for lot without
approval as required, performance of work without a permit and/or permit not finalized, failure to
follow parking lot guidelines, unpermitted work (to create parking lot), failure to register vacant
lot, failure to maintain the lot, allowance of graffiti on the Property, no Certificate of Use ("CU"),
and no Business Tax Receipt ("BTR"); and
WHEREAS, Code Case was heard on October 13, 2021, before the Code Enforcement
Board ("CEB"), and no one appeared for the Owner so the case was heard in absentia, found
guilty, ordered to immediately comply and a $1,000.00 per diem lien should compliance not be
timely; and
WHEREAS, the Property is not a repeat violator; and
WHEREAS, the different violations were complied at various times after the CEB hearing
however the last compliance which closed the case was issued on September 19, 2023, and the
total amount of per diem lien accrued was $705,000.00, having run for 705 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on October 27, 2021 with the Miami -Dade Clerk of Court at recording book 32815 and
page 719; and
WHEREAS, the Owner leased the Property without violation to a tenant, Golden Parking
System LLC ("Tenant"), who, without following City laws began operating a commercial parking
lot on the vacant space and engaged in activity that created additional violations; and
WHEREAS, the lease entered between Tenant and Owner required Tenant to obtain all
necessary permits to conduct business on the Property, complying with all applicable laws and
building codes, keeping and maintaining in accordance with all Governmental regulations, and
paying any penalties for failure to comply with any of these obligations; and
WHEREAS, the Owner was unaware of said violations of the Property until December 7,
2021; and
WHEREAS, the Owner terminated the lease with Tenant upon receipt of the Final
Administrative Enforcement Order; and
WHEREAS, the Owner immediately took steps to cure and address the violations; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-994 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 $52,500.00 as full and final
settlement of the CE2021010121;
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 $52,500.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2021010121.
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
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.
APPROVED AS TO FORM AND CORRECTNESS: