HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
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
City of Miami Page 1 of 4 File ID: 16708 (Revision:) Printed On: 8/11/2025
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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
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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
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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.
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