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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16764 Date: 10/09/2024 Commission Meeting Date: 11/21/2024 Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 5 Type: Resolution Subject: Mitigation - 1180 Northwest 55 Street and 1170 Northwest 55 Street Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 1190 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBER CE2017020365; 1180 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBER 00063496; 1170 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBERS 00012538 AND 00063483; AND 1176 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBER 00063490. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 1190 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBER CE2017020365; 1180 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBER 00063496; 1170 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBERS 00012538 AND 00063483; AND 1176 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBER 00063490, 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 Reviewed B Code Compliance Robert Santos-Alborna Department Head Review Completed 10/09/2024 10:36 AM 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 Mayor Office of the City Clerk Office of the City Attorney Office of the City Attorney Office of the City Clerk Jacques Joseph Leon P Michel Barbara Hernandez Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Rachel Dooley Maricarmen Lopez Valentin J Alvarez Mayor's Office City Clerk's Office Rachel Dooley George K. Wysong III City Clerk's Office Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed Deputy City Manager Review Completed City Manager Review Completed Legislative Review Completed ACA Review Completed Meeting Completed Legislative Division Review Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed ACA Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 10/09/2024 1:05 PM 10/09/2024 1:12 PM 10/09/2024 4:10 PM 10/10/2024 11:20 AM 10/10/2024 11:22 AM 10/22/2024 10:02 AM 10/29/2024 4:20 PM 11/21/2024 9:00 AM 11/25/2024 3:14 PM 11/27/2024 2:04 PM 11/27/2024 2:34 PM 12/03/2024 4:22 PM Completed 12/09/2024 1:24 PM City of Miami Legislation Resolution Enactment Number: R-24-0462 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16764 Final Action Date:11/21/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 1190 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBER CE2017020365; 1180 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBER 00063496; 1170 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBERS 00012538 AND 00063483; AND 1176 NORTHWEST 55 STREET, MIAMI, FLORIDA, CASE NUMBER 00063490, 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, the Estate of Manuel Ismael ("Owner") is the owner of the properties located at 1190 Northwest 55 Street ("1190 Property"), 1180 Northwest 55 Street ("1180 Property"), 1170 Northwest 55 Street ("1170 Property"), and 1176 Northwest 55 Street ("1176 Property"), Miami, Florida (collectively, "Properties") and seeks mitigation of the Code liens at issue here; and WHEREAS, all of the Properties are contiguous vacant lots; and WHEREAS, Manuel Ismael passed away on March 31, 2018 and was the sole owner of the four (4) Properties; and WHEREAS, the Personal Representative and now Owner, is the brother of Manuel Ismael and has had to pay $31,548.68 for tickets and fines that were accrued from prior to his brother's death until he was able to take control of the estate; and 1190 Property WHEREAS, the 1190 Property is a vacant lot zoned T5-O and located in City Commission District 5; and WHEREAS, on December 6, 2017, Code Compliance case CE2017020364 ("1190 Code Case") was opened on the 1190 Property; and WHEREAS, the violation of the 1190 Code Case was for outside debris and materials being left on the lot; and WHEREAS, the Code Case was heard on April 5, 2018, in absentia before the Code Enforcement Board ("CEB"), found in violation and immediate compliance ordered or a $250.00 per diem would issue; and WHEREAS, the affidavit of compliance was issued on November 8, 2023, and the total amount of per diem lien accrued was $510,500.00, having run for 2,042 days; and WHEREAS, the lien on the 1190 Code Case was recorded as a Final Administrative Enforcement Notice on April 27, 2018, with the Miami -Dade Clerk of Court at recording book 30957 and page 1154; and 1180 Property WHEREAS, the 1180 Property is a vacant lot zoned T5-O and located in City Commission District 5; and WHEREAS, on September 12, 2023, Code Compliance case 00063496 ("1180 Code Case") was opened on the Property; and WHEREAS, the violation of the 1180 Code Case was for failure to register vacant lot; and WHEREAS, the 1180 Code Case was heard on January 4, 2024, in absentia before the Code Enforcement Board ("CEB"), found in violation and given a five (5) day compliance ordered or a $250.00 per diem would issue; and WHEREAS, the affidavit of compliance was issued on September 25, 2024, and the total amount of per diem lien accrued was $65,000.00, having run for 260 days; and WHEREAS, the lien on the 1190 Code Case was recorded as a Final Administrative Enforcement Notice on January 11, 2024, with the Miami -Dade Clerk of Court at recording book 34049 and page 3116; and 1170 Property WHEREAS, the 1170 Property is a vacant lot zoned T5-O and located in City Commission District 5; and WHEREAS, on May 9, 2022, Code Compliance case 00012538 ("1170 Code Case #1") was opened on the Property; and WHEREAS, the violation of the 1170 Code Case #1 was for failure to maintain the lot; and WHEREAS, the Code Case was heard on July 7, 2022, in absentia before the Code Enforcement Board ("CEB"), found in violation and ten (10) days compliance ordered or a $500.00 per diem would issue; and WHEREAS, the affidavit of compliance was issued on September 21, 2024, and the total amount of per diem lien accrued was $397,500.00, having run for 795 days; and WHEREAS, the lien on the 1170 Code Case #1 was recorded as a Final Administrative Enforcement Notice on August 15, 2022, with the Miami -Dade Clerk of Court at recording book 33337 and page 2235; and WHEREAS, on September 12, 2023, Code Compliance case 00063483 ("1170 Code Case #2") was opened on the Property; and WHEREAS, the violation of the 1170 Code Case #2 was for failure to register vacant lot; and WHEREAS, the Code Case was heard on January 4, 2024, in absentia before the Code Enforcement Board ("CEB"), found in violation and five (5) days compliance ordered or a $250.00 per diem would issue; and WHEREAS, the affidavit of compliance was issued on September 26, 2024, and the total amount of per diem lien accrued was $62,250.00, having run for 261 days; and WHEREAS, the lien on the 1170 Code Case #2 was recorded as a Final Administrative Enforcement Notice on January 11, 2024, with the Miami -Dade Clerk of Court at recording book 34049 and page 3096; and 1176 Property WHEREAS, the 1176 Property is a vacant lot zoned T5-O and located in City Commission District 5; and WHEREAS, on September 12, 2023, Code Compliance case 00063490 ("1176 Code Case") was opened on the Property; and WHEREAS, the violation of the 1176 Code Case was for failure to register a vacant lot; and WHEREAS, the Code Case was heard on April 5, 2018, in absentia before the Code Enforcement Board ("CEB"), found in violation and immediate compliance ordered or a $250.00 per diem would issue; and WHEREAS, the affidavit of compliance was issued on September 9, 2024, and the total amount of per diem lien accrued was $61,250.00, having run for 245 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on January 11, 2024, with the Miami -Dade Clerk of Court at recording book 34049 and page 3120; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-260 CA 01 ("Court Case") to quiet title to the Property; and WHEREAS, all notices were going to the address as provided for the deceased brother until recently; and WHEREAS, the personal representative has hired counsel and has been working diligently to unwind the violations issued upon the Properties and to keep them in compliance with the City Code; 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 $4,250.00 as full and final settlement of the Code Case No. CE2017020364; and WHEREAS, the Owner offers mitigation in the amount of $500.00 as full and final settlement of the Code Case No. 00063496; and WHEREAS, the Owner offers mitigation in the amount of $4,250.00 as full and final settlement of the Code Case No. 00012538; and WHEREAS, the Owner offers mitigation in the amount of $500.00 as full and final settlement of the Code Case No. 00063483; and WHEREAS, the Owner offers mitigation in the amount of $500.00 as full and final settlement of the Code Case No. 00063490; 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: a. grants mitigation in the amount of $4,250.00 as full and final settlement of the Code Compliance lien issued under Case No. CE2017020364; b. grants mitigation in the amount of $500.00 as full and final settlement of the Code Compliance lien issued under Case No. 00063496; c. grants mitigation in the amount of $4,250.00 as full and final settlement of the Code Compliance lien issued under Case No. 00012538; d. grants mitigation in the amount of $500.00 as full and final settlement of the Code Compliance lien issued under Case No. 00063483; e. grants mitigation in the amount of $500.00 and as full and final settlement of the Code Compliance lien issued under Case No. 00063490. 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.