HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16763
Date: 10/09/2024
Commission Meeting Date: 11/21/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 5
Resolution
Mitigation - 2511 Northwest 2 Avenue
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
2511 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2017013154.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS
2511 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2017013154,
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 10:38 AM
10/09/2024 1:04 PM
10/09/2024 1:13 PM
10/09/2024 3:47 PM
10/10/2024 11:19 AM
10/10/2024 11:20 AM
10/22/2024 10:17 AM
10/23/2024 3:34 PM
11/21/2024 9:00 AM
11/25/2024 3:16 PM
11/25/2024 3:45 PM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 11/27/2024 2:02 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 Attorney George K. Wysong III Approved Form and Correctness with Modification(s) Completed
Office of the City Clerk City Clerk's Office Rendered Completed 12/06/2024 9:40 AM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0461
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16763 Final Action Date:11/21/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2511
NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2017013154, 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, CJL Wynwood, LLC ("Owner"), is the owner of the property located at 2511
Northwest 2 Avenue, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, the Property is a two-story commercial structure zoned T5-O and located in
City Commission District 5; and
WHEREAS, on July 20, 2017, Code Compliance case CE2017013154 ("Code Case")
was opened; and
WHEREAS, the violations of the Code Case were for work without a permit, failure to
have a business tax receipt, and failure to have a certificate of use for several tenants; and
WHEREAS, the Code Case was heard in absentia on February 6, 2020 by the Code
Enforcement Board ("CEB"), the Property was found in violation, and immediate compliance
was ordered or a per diem lien in the amount of $250.00 would issue; and
WHEREAS, no extension of time was requested; and
WHEREAS, the Code Case was complied on August 7, 2024, and the total amount of
per diem lien accrued was $410,750.00, having run for 1,643 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on February 19, 2020 with the Miami -Dade Clerk of Court at recording book 31820 and
page 4252; and
WHEREAS, on March 25, 2021, remodeling permit BD19-001684-001 was finalized for
the smoke shop; and
WHEREAS, on July 8, 2024, partial demolition permit BD23-016427-001 was finalized
for outdoor canopies, flooring, and electrical work that was done without permits; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-17518 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 $57,000.00 as full and final
settlement of the CE2017013154 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 $57,000.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2017013154.
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.