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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution R-24-0465 Legislation 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 $85,5.0Q.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 City of Miami Page 1 of 3 File ID: 16882 (Revision: B) Printed On: 1/14/2025 16882 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16882 Enactment Number: R-24-0465 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. us City of Miami Page 2 of 3 File ID: 16882 (Revision: B) Printed on: 1/14/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File !D: 16882 Enactment Number: R-24-0465 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: 12/3/2024 tA Wy ng III, C 1/14/2025 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 3 of 3 File ID: 16882 (Revision: B) Printed on: 1/14/2025 SUBSTITUTED City of Miami Resolution R-24-0465 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16882 Final Action Date: 11/ 2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING T ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDR NORTHWEST 34 STREET, MIAMI, FLORIDA, CASE NUMBER 00 PROPERTY ADDRESS 3327 NORTHWEST 2 AVENUE, MIAMI CASE NUMBER 00039685, AFTER A HEARING, AS REQUIR 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE AMOUNT APPROVED AS FULL AN SETTLEMENT OF THE AFOREMENTIONED LIEN; AUT MANAGER OR DESIGNEE TO EXECUTE ANY AND NECESSARY, ALL IN FORMS ACCEPTABLE TO T THE PURPOSES STATED HEREIN. CODE S 182 9683 AND LORIDA, BY SECTION AMENDED; I NAL ORIZING THE CITY DOCUMENTS CITY ATTORNEY, FOR WHEREAS, Wyn Park North, LLC ("Owner") is th= •wner of the properties located at 182 Northwest 34 Street (Property No. 1), and 3327 No west 2 Avenue, Miami, Florida ("Property No. 2"), and seeks mitigation of the Coder s at issue here; and WHEREAS, Property No. 1 is a vacant to oned T5-O located in City Commission District 5; and WHEREAS, on February 22, 2023, ' ode Compliance case 00039683 ("Code Case No. 1") was opened on the Property; and WHEREAS, the violations in •de Case No. 1 relate to work performed without a finalized permit and failure to main n the lot; and WHEREAS, Code Cas Enforcement Board ("CEB"), comply or a $250.00 per di o. 1 was heard in absentia on May 4, 2023, before the Code ich found Property No. 1 in violation and ordered to immediately would issue; and WHEREAS, th affidavit of compliance on Code Case No. 1 shows that violations were complied on April 11 024, and the total amount of per diem lien accrued was $85,500.00, having run for 342 - -ys; and WHER • • S, the lien on Code Case No. 1 was recorded as a Final Administrative Enforcemen notice on June 5, 2023 with the Miami -Dade Clerk of Court at recording book 33735 and • age 1898; and EREAS, Property No. 2 is a vacant lot zoned T5-O located in City Commission -» Distr. - 5, and is the adjacent corner lot to Property No. 1; and ") WHEREAS, on February 22, 2023, Code Compliance case 00039685 ("Code Case No. was opened on the Property; and City of Miami Page 1 of 3 File ID: 16882 (Revision: A) Printed On: 1/14/2025 settlement of Code Case No. 1, SUBSTITUTED File ID: 16882 Enactment Number: R-24-0465 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 violatis were complied on April 11, 2024, and the total amount of per diem lien accrued was $17 .00.00, having run for 342 days; and WHEREAS, the lien on Code Case No. 2 was recorded as a Final Ad ' nistrative Enforcement Notice on June 5, 2023 with the Miami -Dade Clerk of Court at -cording book 33735 and page 1899; and WHEREAS, the liens on Property No. 1 and Property No. 2 a $256,500.00. WHEREAS, on February 14, 2024, when Owner applie became aware of the liens, and obtained proper permits and 003640-001 respectively, and corrected all other issues rel e unt to a total of or a demolition permit, Owner D24-003683-001 and BD24- to Properties Nos. 1 and 2; and WHEREAS, the Owner filed suit in the Eleventh . udicial Circuit, of Miami Dade County, under case number 2024-11560 CA 01 ("Court Case" seeking declaratory relief; and WHEREAS, the Owner requests the matt= be set for mitigation before the City Commission as required by Section 2-817 of th Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the City and Owner e filed an Agreed Motion to Stay the Court Case pending the disposition of this mitigatio' earing; and WHEREAS, the Owner offe,- mitigation in the amount of $3,750.00 as full and final 039683; and WHEREAS, the Own: offers mitigation in the amount of $3,750.00 as full and final-- settlement of Code Case . 2, 00039685; ('ry NOW, THEREFRE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF`' ,~ MIAMI, FLORIDA: j •• ry Section 1 he recitals and findings contained in the Preamble to this Resolution are adopted by ref ence and incorporated as if fully set forth in this Section. Se on 2. The City Commission, after hearing the argument of the Owner, the advice and arg ent from the Code Compliance Department and any other relevant City Department, the Ci ommission grants mitigation in the amount of $6,250.00 as full and final settlement of the de Compliance lien issued under Code Case No. 1, 00039683, and grants/denies mi ation in the amount of $6,250.00 as full and final settlement of the Code Compliance lien ued under Code Case No. 2, 00039685. City of Miami Page 2 of 3 File ID: 16882 (Revision: A) Printed on: 1/14/2025 File ID: 16882 SUBSTITUTED Enactment Number: R-24-0465 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 her Section 5. This Resolution shall become effective immediately upon its adoptio = nd signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 The imp pr ge Wy j ng III, C y 12/3/2024 rein authorization is further subject to compliance with all legal requirements that may be ed, including but not limited to, those prescribed by applicable City Charter and City Code Isions. the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days rom 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 3 of 3 File ID: 16882 (Revision: A) Printed on: 1/14/2025 City of Miami Legislation Resolution File Number: 16882 SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co Final Action A ate: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITI ' ATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY A► ' RESS 182 NORTHWEST 34 STREET MIAMI, FLORIDA, CASE NUMBER 00039 :3 AND PROPERTY ADDRESS 3327 NORTHWEST 2 AVENUE, MIAMI, FLORI ► , CASE NUMBER 00039685, AFTER A HEARING, AS REQUIRED BY SECTI ' 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; A ORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF T AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAG OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL I FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURP'ISES STATED HEREIN. WHEREAS, Wyn Park North, LLC ("Owner") is the ow r of the properties located at 182 Northwest 34 Street (Property No. 1), and 3327 Northw- t 2 Avenue, Miami, Florida ("Property No. 2"), and seeks mitigation of the Code liens issue here; and WHEREAS, Property No. 1 is a vacant lot zon • T5-O located in City Commission District 5; and WHEREAS, on February 22, 2023, Cod: ompliance case 00039683 ("Code Case No. 1") was opened on the Property; and WHEREAS, the violations in Cod ase No. 1 relate to work performed without a finalized permit and failure to maintain t' - lot; and WHEREAS, Code Case Nowas heard in absentia on May 4, 2023, before the Code Enforcement Board ("CEB"), whicfound Property No. 1 in violation and ordered to immediately comply or a $250.00 per diem • uld issue; and WHEREAS, the affi • -vit of compliance on Code Case No. 1 shows that violations were complied on April 11, 20 ' , and the total amount of per diem lien accrued was $85,500.00, having run for 342 day - nd WHEREAS e lien on Code Case No. 1 was recorded as a Final Administrative Enforcement Not ' on June 5, 2023 with the Miami -Dade Clerk of Court at recording book 33735 and pag - 898; and WH ' ' EAS, Property No. 2 is a vacant lot zoned T5-O located in City Commission District 5, , nd is the adjacent corner lot to Property No. 1; and HEREAS, on February 22, 2023, Code Compliance case 00039685 ("Code Case No. 2") s opened on the Property; and WHEREAS, the violations in Code Case No. 2 relate to work performed without a finalized permit; and 0 SUBSTITUTED 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 wer complied on April 11, 2024, and the total amount of per diem lien accrued was $171,000.0 having run for 342 days; and WHEREAS, the lien on Code Case No. 2 was recorded as a Final Administra Enforcement Notice on June 5, 2023 with the Miami -Dade Clerk of Court at recordi 33735 and page 1899; and WHEREAS, the liens on Property No. 1 and Property No. 2 amount t $256,500.00. e book total of WHEREAS, on February 14, 2024, when Owner applied for a d - olition permit, Owner became aware of the liens, and obtained proper permits under BD24 4 03683-001 and BD24- 003640-001 respectively, and corrected all other issues relative to r operties Nos. 1 and 2; and WHEREAS, the Owner filed suit in the Eleventh Judicia ircuit, of Miami Dade County, under case number 2024-11560 CA 01 ("Court Case") seeki a declaratory relief; and WHEREAS, the Owner requests the matter be se or mitigation before the City Commission as required by Section 2-817 of the Code the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the City and Owner have filean Agreed Motion to Stay the Court Case pending the disposition of this mitigation heari :, and WHEREAS, the Owner offers mitig on in the amount of $3,750.00 as full and final settlement of Code Case No. 1, 000396: -, and WHEREAS, the Owner offer itigation in the amount of $3,750.00 as full and final settlement of Code Case No. 2, 00' 9685; NOW, THEREFORE, : IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The r: itals and findings contained in the Preamble to this Resolution are adopted by reference - d incorporated as if fully set forth in this Section. Section 2. e City Commission, after hearing the argument of the Owner, the advice and argument fr• the Code Compliance Department and any other relevant City Department, the City Com sion grants/denies mitigation in the amount of $ as full and final se ment of the Code Compliance lien issued under Code Case No. 1, 00039683, and grant • enies mitigation in the amount of $ as full and final settlement of the C• •e 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 equirements set forth in Chapter 2, Article X of the City Code. ry 0 SUBSTITUTED 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: 07 �v� ' T - herein authorization is further subject to compliance with all legal requirements that may be i osed, including but not limited to, those prescribed by applicable City Charter and City Code ovisions. 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.