HomeMy WebLinkAboutR-24-0462City of Miami
Resolution R-24-0462
Legislation
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
City of Miami Page 1 of 5 File ID: 16764 (Revision: A) Printed On: 8/11/2025
File ID: 16764 Enactment Number: R-24-0462
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
City of Miami Page 2 of 5 File ID: 16764 (Revision: A) Printed on: 8/11/2025
File ID: 16764 Enactment Number: R-24-0462
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
City of Miami Page 3 of 5 File ID: 16764 (Revision: A) Printed on: 8/11/2025
File ID: 16764 Enactment Number: R-24-0462
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.
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.
City of Miami Page 4 of 5 File ID: 16764 (Revision: A) Printed on: 8/11/2025
File ID: 16764 Enactment Number: R-24-0462
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 j ng III, City ttor ~y 12/3/2024
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 5 of 5 File ID: 16764 (Revision: A) Printed on: 8/11/2025