HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16995
Date: 11/21/2024
Commission Meeting Date: 12/12/2024
Type:
Subject:
Requesting Department: Department of
Code Compliance
Sponsored By:
District Impacted: District 2
Resolution
Mitigation - 2923 Northeast 2 Avenue
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
2923 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021023123.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING
THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS
2923 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021023123,
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
City Commission
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
Maricarmen Lopez
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
Meeting
Legislative Division Review
ACA Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
11/21/2024 9:12 AM
11/22/2024 12:18 PM
11/22/2024 12:27 PM
11/22/2024 4:35 PM
11/22/2024 4:45 PM
11/25/2024 5:38 PM
11/26/2024 10:44 AM
12/03/2024 2:56 PM
12/12/2024 9:00 AM
12/16/2024 9:48 AM
12/17/2024 9:06 AM
Office of the City Attorney George K. Wysong III Approved Form and Correctness with Modification(s) Completed
Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 12/20/2024 1:58 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 12/20/2024 2:15 PM
Office of the City Clerk City Clerk's Office Rendered Completed 12/23/2024 10:33 AM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0499
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16995 Final Action Date:12/12/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE
ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 2923
NORTHEAST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021023123, 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, 2930 NE 2ND LLC ("Owner") is the owner of the property located at 2923
Northeast 2 Avenue, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue
here; and
WHEREAS, the Property is a commercial property zoned T6-36A-O located in City
Commission District 2; and
WHEREAS, on November 5, 2021, Code Compliance case CE2021023123 ("Code
Case") was opened on the Property; and
WHEREAS, the violations of the Code Case were for not having a property Temporary
Event Permit, failure to have a business tax receipt, work without a permit and failure to comply
with the food truck ordinance; and
WHEREAS, the Code Case was heard on March 3, 2022, before the Code Enforcement
Board ("CEB"), the Property was found in violation and ordered to comply immediately or a
$500.00 per diem would issue; and
WHEREAS, that the affidavit of compliance was issued on November 8, 2023, and the
total amount of per diem lien accrued was $307,000.00, having run for 614 days; and
WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement
Notice on March 29, 2022 with the Miami -Dade Clerk of Court at recording book 33092 and
page 661; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under Case No. 2024-12364 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
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 $15,350.00 as full and final
settlement of the Code Case;
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 $15,350.00 as full and final settlement of
the Code Compliance lien issued under Case No. CE2021023123.
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.