HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16685 Final Action Date: 2/27/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT
MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST
PROPERTY ADDRESS 6318 NORTHWEST 2 AVENUE, MIAMI, FLORIDA,
CASE NUMBER CE2018022165, 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, MIA Housing 2 Properties, LLC ("Owner") is the owner of the property
located at 6318 Northwest 2 Avenue, Miami, Florida ("Property") and seeks mitigation of the
Code lien at issue here; and
WHEREAS, the Property is zoned T5-L and located in City Commission District 5; and
WHEREAS, on October 18, 2018, Code Compliance case CE2018022165 ("Code
Case") was opened; and
WHEREAS, the violations of the Code Case were for work without a finalized permit, to
wit: a fence; and
WHEREAS, the Code Case was heard on February 7, 2019, before the Code
Enforcement Board ("CEB"), found guilty, and the Owner was given sixty (60) days to comply or
a lien in the amount of $250.00 would issue; and
WHEREAS, the case was complied on August 24, 2023, and the total amount of per
diem lien accrued was $399,750.00, having run for 1,599 days; and
WHEREAS, with no extension of time requested, the lien on this case was recorded as a
Final Administrative Enforcement Notice on April 16, 2019 with the Miami -Dade Clerk of Court
at recording book 31405 and page 4600; and
WHEREAS, the Owner filed plans to legalize the fence in January of 2019, prior to the
hearing date; and
WHEREAS, while the Owner failed to request an extension of time, he did get a permit
issued on November 20, 2019, under BD19-000823-001; and
WHEREAS the Owner was back in Argentina for the holidays and to spend time with his
ill father when the COVID-19 Pandemic shut down travel; and
City of Miami Page 1 of 2 File ID: 16685 (Revision:) Printed On: 8/14/2025
File ID: 16685 Enactment Number:
WHEREAS, the Owner's contractor did not complete the work after the permit was
issued and as Owner spent the next two (2) years in home country believing the permit was
completed and case was done; and
WHEREAS, the Owner filed suit in the Eleventh Judicial Circuit, of Miami Dade County,
under case number 2024-13923 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 $19,987.50 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/denies mitigation in the amount of $ as full
and final settlement of the Code Compliance lien issued under Case No. CE2018002216.
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: 16685 (Revision:) Printed on: 8/14/2025