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HomeMy WebLinkAboutAgend Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17182 Date: 01/28/2025 Commission Meeting Date: 02/13/2025 Type: Subject: Requesting Department: Department of Code Compliance Sponsored By: District Impacted: District 3 Resolution Mitigation - 1427 Northwest 1 Street Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 1427 NORTHWEST 1 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020022977. Background of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 1427 NORTHWEST 1 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020022977, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AND IN EFFECT THROUGH NOVEMBER 14, 2024; 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 Office of the Mayor Office of the City Clerk Legislative Division Office of the City Attorney Reviewed B Robert Santos-Alborna Jacques Joseph Marie Gouin Barbara Hernandez Natasha Colebrook -Williams Carolina Aguila Valentin J Alvarez Rachel Dooley Maricarmen Lopez Mayor's Office City Clerk's Office 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 Completed Completed Completed Completed Completed Skipped Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed ACA Review Completed 01/28/2025 10:21 AM 01/28/2025 12:17 PM 01/28/2025 1:20 PM 02/03/2025 6:00 PM 02/04/2025 10:46 AM 02/04/2025 12:11 PM 02/04/2025 12:33 PM 02/04/2025 1:40 PM 02/13/2025 9:00 AM 02/21/2025 3:26 PM 02/21/2025 3:38 PM 02/21/2025 4:39 PM 02/21/2025 5:36 PM Office of the City Attorney George K. Wysong III Approved Form and Correctness with Modification(s) Completed Office of the City Clerk City Clerk's Office Rendered Completed 02/24/2025 3:09 PM City of Miami Legislation Resolution Enactment Number: R-25-0030 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17182 Final Action Date:2/13/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 1427 NORTHWEST 1 STREET, MIAMI, FLORIDA, CASE NUMBER CE2020022977, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AND IN EFFECT THROUGH NOVEMBER 14, 2024; 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, on June 26, 2023, T.I.G. Investment Group, LLC ("TIG") became the owner of the property located at 1427 Northwest 1 Street, Miami, Florida ("Property") and seeks mitigation of the Code lien at issue here; and WHEREAS, the Property was a duplex zoned T5-L located in City Commission District 3; and WHEREAS, on December 16, 2020, Code Compliance case CE2020022977 ("Code Case") was opened on the Property; and WHEREAS, the violation of the Code Case was for the former Property Owner's work without a permit for illegal additions, failure to maintain the exterior and failure to keep the lot safe and clean; and WHEREAS, the Code Case was heard on November 11, 2021, before the Code Enforcement Board ("CEB"), the former Property Owner pled not guilty but was found in violation by the CEB and order to comply the violation within 90 days or a $250.00 per diem would issue; and WHEREAS, that the affidavit of compliance was issued on August 13, 2024, and the total amount of per diem lien accrued was $229,250.00, having run for 917 days; and WHEREAS, the TIG, shortly after purchasing the Property and having obtained appropriate permits, completed demolition of the Property structure in July of 2024, and corrected all issues relative to the Property; and WHEREAS, the lien on this case was recorded as a Final Administrative Enforcement Notice on February 28, 2022, with the Miami -Dade Clerk of Court at recording book 33041 and page 1625; and WHEREAS, TIG filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2024-20946 CA 01 ("Court Case") seeking declaratory relief; and WHEREAS, TIG requests the matter be set for mitigation before the City Commission as required by Section 2-817 of the Code in the City of Miami, Florida, in effect through November 14, 2024 ("City Code"); and WHEREAS, the City and TIG have filed an Agreed Motion to Stay the Court Case pending the disposition of this mitigation hearing; and WHEREAS, TIG offers mitigation in the amount of $10,000.00 as full and final settlement of the Code Case No. CE2020022977; 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 TIG, the advice and argument from the Code Compliance Department and any other relevant City Department, the City Commission grants mitigation in the amount of $22,925.00 as full and final settlement of the Code Compliance lien issued under Case No. CE2020022977. 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.