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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16708 Date: 09/25/2024 Commission Meeting Date: 12/12/2024 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 5 Resolution Mitigation - 740 Northeast 86 Street Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 740 NORTHEAST 86 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2020007576, CE2018020929 AND CE2015021548. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 740 NORTHEAST 86 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2020007576, CE2018020929 AND CE2015021548, 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 Office of the City Attorney Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Barbara Hernandez Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Rachel Dooley Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Deputy City Manager Review City Manager Review Legislative Review ACA Review Completed Completed Completed Completed Completed Completed Completed Completed 09/26/2024 4:48 PM 09/26/2024 5:29 PM 09/27/2024 3:14 PM 09/30/2024 10:22 AM 09/30/2024 2:46 PM 09/30/2024 3:11 PM 10/07/2024 8:18 AM 10/07/2024 9:02 AM City Commission Teri Samuels Meeting Completed 10/24/2024 9:00 AM City Commission Maricarmen Lopez Meeting Completed 12/12/2024 9:00 AM Office of the City Attorney George K. Wysong III Approved Form and Correctness Pending City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16708 Final Action Date:12/12/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 740 NORTHEAST 86 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2020007576, CE2018020929 AND CE2015021548, 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, Claude Villette and Anthony Murray ("Owners") are the owners of the property located at 740 Northeast 86 Street, Miami, Florida ("Property") and seek mitigation of the Code liens at issue here; and WHEREAS, Property is now a vacant lot designated T5-R and located in City Commission District 5; and WHEREAS, on April 14, 2020, Code Compliance case CE2020007576 ("Code Case #1") was opened on the Property; and WHEREAS, the violations were for vacant, blighted or abandoned structure, improper outside storage, work performed without a permit and failure to register an abandoned structure; and WHEREAS, the Code Case was heard on September 8, 2021, before the Code Enforcement Board ("CEB"), and as no one appeared for the Owner, the case was heard in absentia, found guilty, ordered to immediately comply and a $500.00 per diem lien should compliance not be timely; and WHEREAS, the affidavit of compliance was issued on May 17, 2024, totaling 981 days of lien accrual in the amount of $490,500.00; and WHEREAS, the Property structure was actually demolished by the City on March 27, 2024, and it is therefore the Owner's position that Code Case #1 was as a matter of fact complied no later than March 27, 2024; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on September 16, 2021 with the Miami -Dade Clerk of Court at recording book 32741 and page 410; and WHEREAS, on December 30, 2018, Code Compliance case CE2018020929 ("Code Case #2") was opened on the Property; and WHEREAS, the violation was for failure to register a vacant structure; and WHEREAS, the Code Case was heard on January 9, 2019, before the Code Enforcement Board ("CEB"), and as no one appeared for the Owner, the case was heard in absentia, found guilty, ordered to immediately comply or a $250.00 per diem lien should compliance not be timely and the Final Administrative Order was issued on January 10, 2019; and WHEREAS, the CEB ordered the fine retroactive to the original compliance date pursuant to the Notice of Violation which as October 23, 2018; and WHEREAS, the affidavit of compliance shows that violations were complied on June 13, 2023, and the total amount of per diem lien accrued was $423,500.00, having run for 1,694 days; and WHEREAS, the order issued by the Hearing Boards Division did not denote the retroactivity of the per diem lien and therefore, the time to be calculated should be from January 10, 2019 the date the CEB order issued to the date of compliance which is June 13, 2023 for a total of 1,615 days at $250.00 per diem bringing the final lien amount to $403,750.00; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on February 23, 2019 with the Miami -Dade Clerk of Court at recording book 31338 and page 975; and WHEREAS, on September 30, 2015, Code Compliance case CE2015021548 ("Code Case #3") was opened on the Property; and WHEREAS, the violation was for graffiti; and WHEREAS, the Code Case was heard on September 6, 2016, before the Code Enforcement Board ("CEB"), and as no one appeared for the Owner, the case was heard in absentia, found guilty, ordered to immediately comply and a $250.00 per diem lien should compliance not be timely; and WHEREAS, the affidavit of compliance shows that violations were complied on May 30, 2019, and the total amount of per diem lien accrued was $248,750.00, having run for 995 days; and WHEREAS, the order imposing the fines in Code Case #3 was entered pursuant to Chapter 2, Article X of the City's Code of Ordinances; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on October 25, 2016 with the Miami -Dade Clerk of Court at recording book 30280 and page 261; and WHEREAS, the Property structure was demolished bringing all remaining violations into compliance under permit number BD24-005342-001 with the permit being finalized and closed on April 2, 2024; and WHEREAS, on July 12, 2019, the Unsafe Structure Panel under Unsafe Structure case number BB2008000443 ordered the Property structure demolished by the Owner within 30 days or it then shall be demolished by the City; and WHERAS, the Owner paid $28,206.14 to the City for the cost of demolition of the Property structure in 2024; and WHEREAS, for Code Case No. 1, the case was not formally complied until May 17, 2024, however, the demolition permit was finalized on April 2, 2024, which would bring the days of the lien running to 936 multiplied by $500.00 per diem for a total lien amount of $468,000.00; and WHEREAS, for Code Case No. 1, the Owner argues that once the Unsafe Structure Panel ordered the Property structure demolished, it was the City's responsibility to carry that out and that it should have done so by August of 2019 thereby negating the need for Code Case No. 1 to have been filed in 2020; and WHEREAS, the City does not believe there is any case law or statutory authority to support the argument as presented by the Owner for Code Case No. 1; and WHEREAS, for Code Case No. 2 which is from 2018, the Owner argues that demolition by the City in August of 2019 would have complied this violation and using exactly thirty (30) days from the Unsafe Structure Panel order determines that the proper lien should be for 177 days for a total per diem lien of $44,250.00; and WHEREAS, the City does not believe there is any case law or statutory authority to support the argument as presented by the Owner for Code Case No. 2; and WHEREAS, the Owner argues that Code Case No. 3, the City is obliged under Section 37-2 of the City Code to remove graffiti from Owner's property and failed to do so; and WHEREAS, the City does not believe there is any case law or statutory authority to support the argument as presented by the Owner for Code Case No. 3; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-59554 CA 01 ("Court Case") to quiet title to the Property for the purpose of, among other things, reducing the amount of the fines imposed by the City so that it can be economically feasible to improve the Property; and WHEREAS, the Owner attempted to obtain a permit to renovate the Property structure before it was demolished, but the City would not issue the permit that the Owner required to renovate the Property structure without the Owner establishing the Property as his permanent residence, which the Owner could not do, as the Property structure had been deemed unsafe by the City; 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 intend to stay litigation in the Court Case pending the disposition of this mitigation hearing; and WHEREAS, the Owner contends that the fines that accrued under Code Case #1 should be eliminated in their entirety and, if said fines are not eliminated in their entirety, offers mitigation in the amount of $500.00 as full and final settlement of the CE2020007576; and WHEREAS, the Owner offers mitigation in the amount of $26,520.00 as full and final settlement of Code Case #2, CE20180209292; and WHEREAS, the Owner offers mitigation in the amount of $250.00 as full and final settlement of Code Case #3, CE2015021548; 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/denies mitigation in the amount of $ as full and final settlement of the Code Compliance lien issued under Case No. CE2020007576, $ as full and final settlement of the Code Compliance lien issued under Case No. CE2018020929, and $ as full and final settlement of the Code Compliance lien issued under Case No. CE2015021548. 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.