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HomeMy WebLinkAboutR-24-0498City of Miami Resolution R-24-0498 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16932 Final Action Date: 12/12/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 268 NORTHWEST 34 STREET, MIAMI, FLORIDA, CASE NUMBER 00019327, 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, Renzzi Villas Corporation, ("Owner") is the owner of the property located at 268 Northwest 34 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue here; and WHEREAS, the Property is a residential structure zoned T4-R and located in City Commission District 5; and WHEREAS, on July 29, 2022, Solid Waste Compliance case 00019327 ("Code Case") was opened; and WHEREAS, the violations of the Code Case were falling to keep a commercial hauler container screened and not accessible to the public; and WHEREAS, the initial ticket issued was not complied by the Owner and therefore the matter was then set before the Code Enforcement Board; and WHEREAS, the Code Case was heard on April 6, 2023, before the Code Enforcement Board, no one appeared for the Owner, the Property was found in violation and ordered to comply within five (5) days or a $500.00 per diem would issue; and WHEREAS, the case was complied on May 7, 2024 and the total amount of per diem lien accrued was $196,000.00, having run for 392 days; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on April 28, 2023 with the Miami -Dade Clerk of Court at recording book 33683 and page 1492; and WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-15249 CA 01 ("Court Case") to quiet title to the Property; 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 City of Miami Page 1 of 2 File ID: 16932 (Revision: A) Printed On: 8/12/2025 File ID: 16932 Enactment Number: R-24-0498 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 $29,400.00 as full and final settlement of the 00019327 based upon the above facts and circumstances; 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 $29,400.00 as full and final settlement of the Code Compliance lien issued under Case No. 00019327. 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. City of Miami Page 2 of 2 File ID: 16932 (Revision: A) Printed on: 8/12/2025