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HomeMy WebLinkAboutR-24-0464City of Miami Resolution R-24-0464 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16877 Final Action Date: 11/21/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 1877 SOUTHWEST 7 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018006612, 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, VQ EVERGLADES HOMES, LLC ("Owner") is the owner of the property located at 1877 Southwest 7 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue here; and WHEREAS, the Property was a multi -family residential property now vacant zoned T4-R located in City Commission District 3; and WHEREAS, on April 5, 2018, Code Compliance case CE2018006612 ("Code Case") was opened on the Property; and WHEREAS, the violations of the Code Case were for parking and storage of inoperable vehicles and obstruction of the public right of way, street or sidewalk; and WHEREAS, the Code Case was heard on April 4, 2019, before the Code Enforcement Board ("CEB"), and the Owner failed to appear and compliance was ordered within 24 hours or a $250.00 per diem would issue; and WHEREAS, the affidavit of compliance shows that violations were complied on April 4, 2024, and the total amount of per diem lien accrued was $456,500.00, having run for 1,826 days; and WHEREAS, the Property structure was demolished and the lot cleared as of the finalization of the demolition permit on January 20, 2023; and WHEREAS, the time of lien from April 5, 2019 to January 20, 2023 is 1,386 days which would bring the lien amount total to $346,500.00; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on April 16, 2019 with the Miami -Dade Clerk of Court at recording book 31405 and page 4607; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-2194 CA 01 ("Court Case") to quiet title to the Property; and City of Miami Page 1 of 2 File ID: 16877 (Revision: A) Printed On: 8/11/2025 File ID: 16877 Enactment Number: R-24-0464 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 $17,500.00 as full and final settlement of the Code Case; 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 $69,300.00 as full and final settlement of the Code Compliance lien issued under Case No. CE2018006612. 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 Wyy•ng III, C y ttor -y 12/3/2024 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: 16877 (Revision: A) Printed on: 8/11/2025