HomeMy WebLinkAboutR-24-0465City 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 $85,500.00,
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
City of Miami Page 1 of 3 File ID: 16882 (Revision: B) Printed On: 8/11/2025
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.
City of Miami Page 2 of 3 File ID: 16882 (Revision: B) Printed on: 8/11/2025
File ID: 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 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: 8/11/2025