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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16882 Date: 10/31/2024 Commission Meeting Date: 11/21/2024 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 5 Resolution Mitigation - 182 Northwest 34 Street and 3327 Northwest 2 Ave Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 182 NORTHWEST 34 STREET MIAMI, FLORIDA, CASE NUMBER 00000039683 AND PROPERTY ADDRESS 3327 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER 00039685. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 182 NORTHWEST 34 STREET MIAMI, FLORIDA, CASE NUMBER 00000039683 AND PROPERTY ADDRESS 3327 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER 00039685, 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 Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Barbara Hernandez Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Deputy City Manager Review City Manager Review Legislative Review Completed Completed Completed Completed Completed Completed Completed 11/04/2024 9:07 AM 11/04/2024 9:45 AM 11/04/2024 4:46 PM 11/05/2024 8:28 AM 11/05/2024 10:28 AM 11/06/2024 8:38 AM 11/06/2024 3:56 PM Office of the City Attorney City Commission Legislative Division Office of the City Attorney Office of the Mayor Office of the City Clerk Office of the City Attorney Office of the City Clerk Legislative Division Office of the City Attorney Office of the City Attorney Rachel Dooley Maricarmen Lopez Valentin J Alvarez Rachel Dooley Mayor's Office City Clerk's Office George K. Wysong III City Clerk's Office Valentin J Alvarez Rachel Dooley George K. Wysong III ACA Review Meeting Legislative Division Review ACA Review Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Approved Form and Correctness with Modification(s) Rendered Legislative Division Review ACA Review Completed Completed Completed Approved Form and Correctness with Modification(s) 11/11/2024 8:35 AM 11/21/2024 9:00 AM 11/25/2024 3:09 PM 11/25/2024 3:50 PM 11/27/2024 2:10 PM 11/27/2024 2:22 PM Completed 12/10/2024 11:12 AM 01/14/2025 8:08 AM 01/14/2025 8:50 AM Completed City of Miami Legislation Resolution Enactment Number: R-24-0465 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16882 Final Action Date:11/21/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 182 NORTHWEST 34 STREET, MIAMI, FLORIDA, CASE NUMBER 00039683 AND PROPERTY ADDRESS 3327 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER 00039685, 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, Wyn Park North, LLC ("Owner") is the owner of the properties located at 182 Northwest 34 Street (Property No. 1), and 3327 Northwest 2 Avenue, Miami, Florida ("Property No. 2"), and seeks mitigation of the Code liens at issue here; and WHEREAS, Property No. 1 is a vacant lot zoned T5-O located in City Commission District 5; and WHEREAS, on February 22, 2023, Code Compliance case 00039683 ("Code Case No. 1") was opened on the Property; and WHEREAS, the violations in Code Case No. 1 relate to work performed without a finalized permit and failure to maintain the lot; and WHEREAS, Code Case No. 1 was heard in absentia on May 4, 2023, before the Code Enforcement Board ("CEB"), which found Property No. 1 in violation and ordered to immediately comply or a $250.00 per diem would issue; and WHEREAS, the affidavit of compliance on Code Case No. 1 shows that violations were complied on April 11, 2024, and the total amount of per diem lien accrued was $85,500.00, having run for 342 days; and WHEREAS, the lien on Code Case No. 1 was recorded as a Final Administrative Enforcement Notice on June 5, 2023 with the Miami -Dade Clerk of Court at recording book 33735 and page 1898; and WHEREAS, Property No. 2 is a vacant lot zoned T5-O located in City Commission District 5, and is the adjacent corner lot to Property No. 1; and WHEREAS, on February 22, 2023, Code Compliance case 00039685 ("Code Case No. 2") was opened on the Property; and WHEREAS, the violations in Code Case No. 2 relate to work performed without a finalized permit; and WHEREAS, Code Case No. 2 was also heard in absentia on May 4, 2023, before the Code Enforcement Board ("CEB"), which found Property No. 2 in violation and ordered to immediately comply or a $500.00 per diem would issue; and WHEREAS, the affidavit of compliance on Code Case No. 2 shows that violations were complied on April 11, 2024, and the total amount of per diem lien accrued was $171,000.00, having run for 342 days; and WHEREAS, the lien on Code Case No. 2 was recorded as a Final Administrative Enforcement Notice on June 5, 2023 with the Miami -Dade Clerk of Court at recording book 33735 and page 1899; and WHEREAS, the liens on Property No. 1 and Property No. 2 amount to a total of $256,500.00. WHEREAS, on February 14, 2024, when Owner applied for a demolition permit, Owner became aware of the liens, and obtained proper permits under BD24-003683-001 and BD24- 003640-001 respectively, and corrected all other issues relative to Properties Nos. 1 and 2; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-11560 CA 01 ("Court Case") seeking declaratory relief; 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 $3,750.00 as full and final settlement of Code Case No. 1, 00039683; and WHEREAS, the Owner offers mitigation in the amount of $3,750.00 as full and final settlement of Code Case No. 2, 00039685; 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 $7,500.00 as full and final settlement of the Code Compliance lien issued under Code Case No. 1, 00039683, and grants mitigation in the amount of $7,500.00 as full and final settlement of the Code Compliance lien issued under Code Case No. 2, 00039685. 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.