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Submittal-Loren Granoff-Lawsuit Packet and information
Filing # 176077880 E-Filed 06/26/2023 08:40:48 AM 1 IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2023- -CA-01 NICKELLI LOVASKI PIERRE, individually, Submitted into the public record r i m(s) VIt . 6 on 9 City Clerk Plaintiff, v. CITY OF MIAMI, a municipal corporation and a political subdivision of the State of Florida, Defendant. COMPLAINT NICKELLI LOVASKI PIERRE, individually files his Complaint to allege and to show: Jurisdiction and Venue 1. The complaint sounds in ch. 86, Fla. Stat. relief and the court's equitable powers.' 2. The complaint presents a statement of the case in favor of pre-emption.2 3. The complaint challenges the adoption and the enforcement of a March 10, 2022 amendment3 to the City of Miami's local code enforcement ordinance. ' Ch. 86.011, Fla. Stat. (Declaratory Judgment Act). Section 86.021, Fla. Stat. (Power to Construe). 2 Section 162.01, Fla. Stat. (Local Government Code Enforcement Boards Act)("the Act"). 3 Section 2-817(d)(2)(non-homestead property with unresolved code enforcement violations existing greater than 270 days are ipso facto ineligible for mitigation of fines)(hereinafter "the amendment"). 45t- o\\\_ GoomA - Lo,\},),5\11\ (:1/4(,\Atk 'vAttino.4:1o4\ i c Submitted into the public record foi itein(s) VNt , L on 9 I9 I L3 . City Clerk CASE NO.: 2023- -CA-01 Complaint Page 2 of 17 4. Further the suit places into controversy damages which exceed the value of fifty thousand ($50,000.00) dollars exclusive of attorney's fees, interest and costs. 5. Venue lies in Miami -Dade County, Florida for causes of action which arise from transactions and acts which accrued in this judicial district. The Parties 6. At all times material, NICKELLI LOVASKI PIERRE, individually (from time -to -time "the plaintiff') owned the tracts of (non -homestead) real property: Tract 1 situated at 185 N.E. 70th St., Miami, Florida; Tract 2 situated at 7050 N.E. 2d Avenue, Miami, Florida; Tract 2 situated at 190 N.E. 71st St. Miami, Florida; Tract 1 situated at 7010 N.E. 2d Ave., Miami, Florida; Tract 2 situated at 7012 N.E. 2d Avenue, Miami, Florida; Tract 1 situated at 7010 N.E. 2d Avenue, Miami, Florida and Tract 2 situated at 7020 N.E. 2d Ave.4 7. The CITY OF MIAMI is a municipal corporation and subdivision of the State of Florida. The instant action challenges the force and effect of the amendment in connection with code enforcement violations and fines existing for greater than 270 days for specific tracts of land situated at 7010 N.E. 2d Avenue; 7012 N.E. 2d Avenue; 7020 N.E. 2d Avenue and 7050 N.E 2d Avenue. The at -issue code enforcement violations were resolved on July 5, 2022 and September 29, 2022. See Affidavits of Compliance. Composite Ex. "C" attached hereto. GRANOFF 3250 N.E. First Avenue 1 Suite 334 1 Miami, FL 33137 T 305.541.8686 1 F 305.489.0864 1 Isg@granofflaw.com ti Submitted into the public CASE NO.: 2023- -CA-01 record forite (s) ; b Complaint t on Sly . City Clerk Page 3 of 17 Structure of Government 8. Separation of Powers5: the political theory which inspired the Declaration of the Rights of Man and the Constitution of the United States. 9. State statue: "[T]he State Constitution contemplates the separation of powers within state government among the legislative, executive and judicial branches of the government. The legislative branch has the broad purpose of determining policies and programs and reviewing program performance. The executive branch has the purpose of executing the programs and policies adopted by the Legislature and making policy recommendations to the Legislature. The judicial branch has the purpose of determining the constitutional propriety of the policies and programs and of adjudicating any conflicts arising from the interpretation of application of the laws." Section 20.02(1), Fla. Stat. (Declaration of policy). 5 Governance allocated to the Executive, to the Legislative and to the Judiciary. As to Separation of Powers, we nate the observations attributed to Florida Supreme Court nominee, Hon. Meredith Sasso, whose application to the Supreme Court shared the judge's experience when working as counsel for Gov. Rick Scott within the Executive branch wherein the judge `gained an informed appreciation for the separation of powers." Judge Sasso expressly noted: `[A]ppropriate deference to coordinate branches is not a matter of [mere] courtesy." GRANOFF 3250 N.E. First Avenue i Suite 334 I Miami, FL 33137 T 305.541.8686 l F 305.489.0864 I lsg@granofflaw.com ti Submitted into the public CASE NO.: 2023-___-CA-o1 record fo ite (s) F, 16 Complaint �n Q �) `l Z3 . City Clerk Page 4 of 17 10. City of Miami: City manager, as Executive; Mayor 86 Commission, as legislative; and Departments6, as with delegated authority to execute upon the Executive and the Legislative initiatives. 11. Courts: Nicole Fried v. State of Florida, SC21-917 (Fla. Jan. 19, 2023). In its 5-1 ruling the supreme court struck down local ordinances which were stricter than the state firearms law for designed to pre-empt local gun regulations. For the court, Justice Polston expresses: "It is not a core municipal function to occupy an area that the Legislature has preempted, and local government have no lawful discretion or authority to enact ordinances that violate preemption." Fried cites Metro. Dade Cnty. v. Chase Fed. Hous. Corp., 737 So. 2d 494, 504 (Fla. 1999)("If political subdivisions were able to continue actions to enforce ordinances which conflict with general law, the political subdivisions would have the power to frustrate the ability of the Legislature to set policies for the state")(state statute provided immunity to dry cleansers who caused the release of solvents into the groundwater/ aquifer. The statute precluded local code enforcement against said polluters). 6 Authority is delegated the departments to implement Executive and Legislative initiatives. GRANOFF 3250 N.E. First Avenue I Suite 334 1 Miami, FL 33137 T 305.541.8686 I F 305.489.0864 I isg@granofFlaw.com Submitted into the public record foir itein(s) QS E (, :Nn g 1 I y . City Cleric Ch. 162.01, Fla. Stat. Comprehensive Source of Local Code Enforcement CASE NO.: 2023- -CA-01 Complaint Page 5 of 17 12. Over forty (40) years ago, the legislature comprehensively created the Local Government Code Enforcement Boards Act.7 13. To carry out the Intent and the Applicability of the Act, the Act expressly authorized political subdivisions to develop local quasi-judicial8 administrative boards imbued with broad discretion to create of local code enforcement. 14. Local boards were formed and implemented to express the Intent9 and the Applicability'° of the statute such that the local board was empowered to • establish "...administrative fines and other non -criminal penalties for code violations..." Ch. 162.01, et. seq., Fla. Stat; • provide "...equitable," expeditious, effective, and inexpensive methods of enforcing...codes and ordinances where a pending or repeated violation continues to exist." Section 162.02, Fla. Stat. (Intent); and 7 S. 1, ch. 80-300. 8 Section 162.04(4), Fla. Stat. 9 Ch. 162.02, Fla. Stat. (Intent). io Ch. 162.03, Fla. Stat. (Applicability). " Emphasis added. GRANOFF 3250 N.E. First Avenue 1 Suite 334 1 Miami, FL 33137 T 305.541.8686 1 F 305.489.0864 1 Isg@granofflaw.com Submitted into the public CASE NO.: 2023- -CA-01 record forrte (s) � , b Complaint on (1' I �.3 . City Clerk Page 6 of 17 • "[I)n determining the amount of the fine, if any, the ...board shall consider...(2) Any actions taken by the violator to correct the violation..."12 Local Code Enforcement13 15. Following form to the Act, over forty (40) years ago, the CITY OF MIAMI (hereinafter "the city") adopted a regime of local code enforcement. Local code enforcement expressed and implemented the Intent and the Applicability of the Act. For a period of greater than forty (40) years, §2-817 (Administrative costs; fines; liens) of the Municipal Code of Ordinances became a template for local code enforcement. Section 2-817 was a model of due process, equity and discretion: • local inspectors14 initiated enforcement proceedings;15 • proceedings considered by the Board16 charged with a regimen of due process;17 18 12 162.09 (2)(b)(2.), Fla. Stat. (emphasis added). 13 Art. X, Code of Ordinances. 14 Ch. 162.04 (2), Fla. Stat. (Definitions). 15 Ch. 162.06, Fla. Stat. (Enforcement procedure). 16 Ch. 162.04 (4), Fla. Stat. (Definitions). 17 Ch. 162.08, Fla. Stat. (Powers of enforcement boards). 18 Ch. 162.07, Fla. Stat. (Conduct of hearing). GRANOFF 3250 N.E. First Avenue 1 Suite 334 1 Miami, FL 33137 T 305.541.8686 1 F 305.489.0864 I Isg@granofflaw.com Submitted into the pub record for itens) or 9 till l L I). City Clerk CASE NO.: 2023- -CA-01 Complaint Page 7 of 17 • as to fines, the Board "shall consider... factors [including] the gravity of the violation and any action taken by the violator to correct the violation...19; and • the board "...may reduce a fine imposed pursuant to this section."29 Code Enforcement Violations and Ensuing Fines 16. During the period of 2021-July 5, 2022, code enforcement inspectors caused to issue notice(s) of violations attaching to the tracts of land situated at 7010 N.E. 2d Avenue, 7012 N.E. 2d Avenue, 7020 N.E. 2d Avenue and 7050 N.E. 2d Avenue. The accumulated fines totaled approximately $500,000.00. The fines remained un-resolved for greater than 270 days. 19 Ch. 162.09, Fla. Stat. (Administrative fines). 20 Ch. 162.09(2)(c), Fla. Stat. (Administrative fines). GRANOFF 3250 N.E. First Avenue l Suite 334 I Miami, FL 33137 T 305.541.8686 l F 305.489.0864 I Isg@granofflaw.com Submitted into the public record f item (s) , 6 on 91141 i2l , City Clerk Amendment to Local Code Enforcement Ordinance Violates Pre-emption CASE NO.: 2023- -CA-01 Complaint Page 8 of 17 17. Notwithstanding the Act pre-empting the area of code enforcement, effective March 10, 2022, the city adopted an amendment to §2- 817(d)(2)(Mitigation of Fines for non -Homestead properties).21 Respectfully, the force and effect of the (d)(2) amendment rounds directly counter to the Intent and Applicability. 22 The Sale and Conveyance of Lands with Existing Code Violations 18. Subject to the existing code enforcement fines attaching to the heretofore referenced tracts, the plaintiff sold and conveyed the at -issue tracts of land and contiguous tracts to Buyers on October 7, 2022.23 21 Composite Ex. "A' hereto. 22 We leave for another day allegations that the very amendment may violate the• Excessive Fines Clause of the United States Constitution and article I, section 17 of the Florida Constitution. 23 Combined Closing Statement attached as Ex. "B' hereto. GRANOFF 3250 N.E. First Avenue 1 Suite 334 1 Miami, FL 33137 T 305.541.8686 1 F 305.489.0864 1 lsg@granofflaw.com Submitted into the pubic record f • ite s) City Clerk on CASE NO.: 2023- -CA-01 Complaint Page 9 of 17 Escrow Hold -back 19. As direct and proximate result of the amendment, and as a material condition of the purchase -sale agreement, the Buyers demanded the Seller address the code enforcement liens by escrowing $697,125.00 (i.e., 150% of the accumulated code enforcement fines) so as to induce a title insurance company issue a policy of title insurance to the Buyers without a Schedule B exception.24 20. The terms of the escrow hold -back agreement provides the Seller a twenty-four (24) month window to mitigate the code enforcement violations and fines to achieve return of the deposited escrow. 21. Absent the plaintiffs ability to mitigate the fines existing for a period, the sale of lands is tantamount to a transaction made for less-than-fair-value.25 24 In material part, the Agreement provides: the sum of $697,125.00 is deposited (non - bearing interest account) as the Land "is at risk due to the presence or attempted or threatened enforcement by the City of Miami against the Land..." 25 City of Winter Park v. Rich, 692 So. 2d 986 (Fla. 5th DCA 1997). GRANOFF 3250 N.E. First Avenue 1 Suite 334 1 Miami, FL 33137 T 305.541.8686 1 F 305.469.0664 1 Isg@granoftlaw.com Submitted into the public record fol item(s) r , 6 on 9 j y L b . City Clerk CASE NO.: 2023 Complaint Page 10 of 17 Plaintifl''s Direct and Concrete Interest in the Outcome of the Controversy 22. The [plaintiff's] sale of the property is not the same as saying the plaintiff no longer has interest in the outcome of this concrete controversy.26 Similarly, the plaintiff's continued interest in the outcome of this very controversy does not require the plaintiff's continued ownership of the property.27 Standing to Sue 23. The city's code enforcement inspections were directed to the tracts of land owned by the plaintiff. 24. The city issued code enforcement violations against tracts of land were owned by the plaintiff. 25. The city rendered fines and liens were against the plaintiff. 26. The code enforcement violations remained un-corrected during the period the plaintiff owned the property. 27. The plaintiff, alone, cured the code enforcement violations.28 26 Pirate's Treasure, Inc. v. City of Dunedin, 277 So. 3d 1124, 1128-31 (Fla. 2d DCA 2019)(genuine issue of fact remained regarding the plaintiff's sufficient interest in the outcome of the litigated controversy notwithstanding plaintiffs sale of the property to an affiliated/subsidiary entity)(distinguishing City of Winter Park). 27 Pirate's Treasure, p. 1129. 28 See Affidavit(s) of Compliance attached hereto as composite Ex. "C." GRANOFF 3250 N.E. First Avenue I Suite 334 I Miami, FL 33137 T 305.541.8686 I F 305.489.0864 I lsg@granofflaw.com Submitted into the publjc reconordfqr 9 ! y 11,3) . City Clerk CASE NO.: 2023- -CA-01 Complaint Page 11 of 17 Sufficient Stake and Concrete Interest in the Outcome 28. Given the above and foregoing alleged and shown by ¶¶ 18-27, the plaintiff holds a concrete interest and sufficient stake in the outcome of the litigated controversy. Mitigation Will Extinguish the Threat of Duplication of Litigation 29. With mitigation of the existing administrative fines and with the payment of said mitigation to the city, any perceived threat of litigation from the Buyers is absolutely extinguished. Secondarily, mitigation will preserve precious judicial circuit court resources,29 preserve precious resources of the city's Law Department and provide good and unconditional revenue to the city's bottom - line. 29 See following section (Efficiency). GRANOFF 3250 N.E. First Avenue I Suite 334 I Miami, FL 33137 T 305.541.8686 I F 305.489.0864 I lsg@granofflaw.com Submitted into the puklic record f9r iteim(s) 11k t, , 6 on 1114 ! C 3 . City Clerk CASE NO.: 2023- -CA-01 Complaint Page 12 of 17 Efficiency 30. The plaintiff's mitigation process will be efficient. 31. In 2022, undersigned counsel filed a substantially similar cause in Dade Circuit Court. 32. The online docket of that substantially similar action30 depicts a suit which, within 130 calendar days, went from circuit court filing, to agreed upon Stay of proceedings, to a Commission hearing, to payment of fine and followed by Dismissal of the circuit court action with prejudice all within 130 calendar days. 3o Ex. "D." GRANOFF 3250 N.E. First Avenue 1 Suite 334 1 Miami, FL 33137 T 305.541.8686 1 F 305.489.0864 I lsg@granofflaw.com Submitted into the public record fp�it s) 6 on f I CityClerk CASE NO.: 2023- -CA-01 Complaint Page 13 of 17 General Allegations 33. NICKELLI LOVASKI PIERRE assembled contiguous tracts of real property and taking title to the tracts specified at ¶6 heretofore.31 34. During 2021-2022, the tracts situated at 7010 N.E. 2d Avenue, 7012 N.E. 2d Avenue, 7020 N.E. 2d Avenue and 7050 N.E. 2d Avenue evidenced impermissible site conditions; namely, accumulation of Miscellaneous materials/equipment and debris, dense growth of grass burdened. The site conditions) rightly caused the city to issue code violations. 35. The code violations attaching to the referenced assembled property addresses remained un-corrected for a period greater than 270 consecutive calendar days. During the course of the 270 consecutive days, the real property was owned by the plaintiff. 31 Ex. "E" hereto is an aerial view of the referenced tracts. GRANOFF 3250 N.E. First Avenue I Suite 334 I Miami, FL 33137 T 305.541.8686 1 F 305.489.0864 I Isg@granofflaw.com Submitted into the public recoq fpr it (s) C . d on 1 p) II 1 /,3 . City Clerk No Excuses CASE NO.: 2023- -CA-01 Complaint Page 14 of 17 36. The plaintiff offers no excuse for impermissible site conditions existing during his ownership of the property. 37. The plaintiff was responsible to clear the violations. The plaintiff is responsible at law and by contract to pay the fines associated with the violations. 38. The sum of code violations accrued during the NIKELLI LOVASKI PIERRE's ownership and control of the property. Affidavits of Compliance 39. The city conducted an inspection of the said tracts of land on July 5, 2022 and on September 29, 2022. The inspector executed Affidavits of Compliance confirming: "...the violation(s) pertaining to this case were corrected..."32 Payment of Administrative Fines 40. The plaintiff seeks to mitigate said fines. 32 Composite Ex. "C" hereto. GRANOFF 3250 N.E. First Avenue 1 Suite 334 I Miami, FL 33137 T 305.541.8686 I F 305.489.0864 1 lsg@granofflaw.com Submitted into the public record for itejn(s) IkE,t on 9 (It/ 1 13 . City Clerk Request to Mitigate CASE NO.: 2023- -CA-01 Complaint Page 15 of 17 41. By and through counsel, the plaintiff requested a hearing to mitigate.33 Ineligible to Mitigate 42. Request to mitigate: rejected.34 Conditions Precedent 43. Given the plaintiff as the indispensable party responsible for causing the code violations, given the plaintiff as causing the cure/correcting the code violations, given the plaintiff's request to mitigate and per the amendment the rejection of eligibility to mitigate, all conditions precedent to the filing of this complaint have been met, waived or excused. Further, the plaintiff is responsible to pay attorney's fees and expenses of the litigation. 33 Ex. "F" hereto. 34 Ex. "G" hereto. GRANOFF 3250 N.E. First Avenue 1 Suite 334 1 Miami, FL 33137 T 305.541.8686 1 F 305.489.0864 1 lsg@granofilaw.com Submitted into the public record fo item(s) 6 on 9 / 14 Z3 . City Clerk COUNT I Declaratory Relief CASE NO.: 2023- -CA-01 Complaint Page 16 of 17 The plaintiffs re -allege and re -affirm the allegations of paragraphs 1-42 as though more fully set forth herein. 44. The circuit courts have jurisdiction to declare rights, status and other equitable or legal relations. Here, the plaintiffs are in doubt as to their rights, status, or other equitable or legal relations. 45. Pursuant to the authority vested in the court under Ch. 86, Fla. Stat., the plaintiffs invoke the court's authority to settle and obtain relief from their insecurity and uncertainty with respect to their status as to the following: • whether ch. 162.01, Fla. Stat. occupies the legislative area of local code enforcement so as to pre-empt the area of legislation; • whether the amendment to §2-817(2)(d) violates the Intent and Applicability of ch. 162.01, Fla. Stat. • whether the plaintiff demonstrates a sufficient stake and concrete interest in the outcome of this controversy; GRANOFF 3250 N.E. First Avenue I Suite 334 I Miami, FL 33137 T 305.541.8686 I F 305.489.0864 I Isg@granofilaw.com Submitted into the public record fir itgm(s) µ E ah 9 Iy 1 Lei . City Clerk CASE NO.: 2023- -CA-01 Complaint Page 17 of 17 • whether the required posting of $697,125.00 arising out of an in connection with the October 2022 conveyance and closing is tantamount to a transaction for less than fair value; and • whether plaintiff's theory of Standing is independent from his continued ownership of the property.35 WHEREFORE, in consideration of the above and foregoing, the plaintiffs pray this court enter an order of declaratory relief, for jury trial on those matters so triable under §86.071, Fla. Stat., for an award of costs under §86.081, Fla. Stat., for entry of an order permitting a speedy hearing so as to afford full and complete equitable relief under §86.111, Fla. Stat. and any and all further relief this court deems just and proper. Dated this day of June, 2023. Loren S. Granoff, P.A. 3250 Northeast First Avenue Suite 334 Miami, Florida 33137 T: 305.371.8809 F: 305.489.0864 C: 786.280.4996 lsg@granofflaw.com By: f s/Loren S. Granoff Loren S. Granoff, Esq. Fla. Bar No. 586285 35 Pirate's Treasure, Inc., p. 1131. GRANOFF 3250 N.E. First Avenue 1 Suite 334 1 Miami, FL 33137 T 305.541.8686 1 F 305.489.0864 1 lsg@granofflaw.com Submitted into the public record f i m s) � on City Clerk "A " )�<i : itr;w. x:s.ts et ltu of Ma i a 4. ri Pd., a.1; lull, j+ t# n Nyi; Submitted into( pub,,iji C , recor r it f m s on I 1 . City Clerk na tlal=taID,l ft, ,4+; erta fees I . QtttlOt t iSrAft$C Senrclt Miami FL Ordinance 14057 AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO AMEND AND PROVIDE THE CODE ENFORCEMENT BOARD A GUIDELINE FOR MITIGATION OF CODE ENFORCEMENT LIENS BY HOMESTEAD AND NON -HOMESTEAD PROPERTY OWNERS, INCLUDING TIME LIMITATIONS AND AMOUNT OF MITIGATION ALLOWED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Information Department: Commissioners and Mayor Sponsors: Category: Elected Official Item Attachments Ai;rnda Surrunary and Legislation 11.529 Submittal -Maria Sraila Lather to Commissioners 11 ,29 Scrivener's Error Me+n, i 52?) 1 rtgir !anon -Stan Financial Impact N/A Vice Chair, District Three Joe Carollo Body/Legislation WHEREAS, Section 2-817(d) of the Code of the City of Miami, Florida, as amendedCCily Code"), provides guidance for the Code Enforcement Board or Special Magistrate (collectively, "CEO') when a property owner is seeking mitigation of a lien for complied violations; and WHEREAS, Section 2.817(d) of the City Code also provides the City of Miami ('City") to administratively mitigate Ifehrt, by certain percentages, If the lien has been running for less than two hundred seventy -Cate (271) days; and WHEREAS, on a regular basis, property owners have allowed the outstanding liens to remain open for many years after compliant c was reached, emating a backlog of files and cases that the City must maintain; and WHEREAS, it is the goal of the City to incentivtze properties to come into compliance, assure that fines are tintely paid. and properties are cleared of any outstanding violations; and WHEREAS, diligent property owners should receive a benefit for being timely and efficient with correcting violations; and WHEREAS, U is the goal of the City to have property owners understand the mitigation process, absolute& know what to eXpecl with regard to mitigation, and riot be treated unfairly or arbitrarily by the CEB; and WHEREAS, providing clear language for property owners to understand their duties and obNgattons when they fail to attend hearings and cause liens to be recorded against their properties can only help foster a better living and working environment for all property owners, business owners, and residents of the City; and WHEREAS, Section 2-817(b)(2) of the City Code also provides for enhanced penalties for non- residential and commercial properties and the UF_B regularly hears matters related to use and abuse of use of residential properties that are being used for improper commercial purposes and such properties should not receive the same benefit as those being used as legally authorized; and Submitted into the public record f r ite (s) �E, 1 on 91 y I L3 . City Clerk WHEREAS, Homestead properly ownars will be allowed to mitigate further pursuant to this Section since liens arc unenforceable against Homestead properties while the owner has a Homestead exemption pursuant to Chapter 162, Florida Statutes; NOW. THEREFORE, BE iT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained In the Preamble to this Ordinance ore adopted and incorporated as it fully set forth in this Section. Section 2. Chapter 2, Article X of the City Code is amended in the follow particulars:i.1) "CHAPTER 2 ADMINISTRATION ARTICLE X CODE COMPLIANCE • Sec. 2-817. Administrative costs, fines; liens. (a) The board or specal magistrate, upon notification by the code inspector that.8n order has been complied with within the time specified in the order, shall accept such notification as acknowledgment of -compliance and no fines shall be imposed. (b) The board or special magistrate, upon notification by the code inspector or city attorney That an -order of the board or special magistrate has not been compiled with by the set time for compliance, may order the violater(s) to pay a fine as follows: (1) Residential properties. By the board and/or special magistrate for not more than S250.00 per day that continues past the date of the order for compliance by the notice of violation and not more than $500,00 per day for a repeat violator. (2) Non-residential/commercial properties. By the board only for not more than $1,000.00 per day per violation that continues past the date of the order fur compliance and not more than $5,000,00 per day per violation fora repeat violator, fpsldeojlal pre ii thin .its Ordinance No.1311A.the nning,{Qr"dinanee bf the t ti . as a itd.("Miand 21 Code% lithe violation, whether the property Is homestead, non -homestead, or commercial and is a violation of chapter 4 of the City Code, titled "Alcoholic beverages," chapter 17, article I of the City Code, titled "Environmental protection/tree protection in general;' chapter 22 of the City Code, titled "Garbage and other solid waste," or chapter 62. article XIII, division 5 of the City Code, titled "Panning and zoning/planning and zoning approval for temporary Usioti aril occupancies; permit required/murals," then the fine Issued by the board shall not exceed $1,000.00 per day per violation for a first dine offender and not more than $5,000.00 per day per violation for a repeat violator, and up to$15,000.00 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible In nature in accordance with the criteria set forth In subsection (c) below. (c) In determining the amount of the fine, if any, the board or special magistrate shall consider the following factors: (1) The gravity of the violation. (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (d) M.tiJ9, Q O1t11t lltbyte&Eiikatifinuuttl tttorSpecialMagistrate', (1)_Mitigetion f flnefoin tld o ernes: An enforcement board or special magistrate may reduce anjthiletang tine of e f pray biaped,on the eriler(atebovp,once a violator has complied with the order, fit'the CitvO ectad flit tots ns.detcrrtilited by the Oity.ADINKIDIALikeignee. and for good cause shown. fbotill gatiotof j a for tgin pa[ { tro �t rtto t®e: Tl�o board or spacial magistrate howeverherebyhoby da nzethe-city to mitigate' fines with pon4tomestead violators, provided that the total amount or the daily Imposed by the enforcement board`or special maglstrate may only be roduced to tho porcentage slated in schedule below 0.10 ppjppp(,a "gtt Irs +f 1litaig b a�3d 1t)0�%. as ceded In the chart means no mitigation is;etlowad and the loin fan ithff l b&lji): (3) Number of Days Fine Outstanding Total Fine Mitigation (percent) 1-30 31--60 25 30 Submitted into the pubic record fr I it Z s) on Number of Days Fine Outstanding Total Fine Mitigation (percent) 61-90 35 91-120 40 121-150 50 151-180 60 181-21D 70 211-240 80 241-270 90 271 and up 100 -ttiHh oYcp-Ma st if Ifte,_stibJecf fine is redtided tend A;v(p t4>t 1li]Is to pay •said rod%illtitl fine within a period of 20 days from the day the Ofret40•00IffeRtl17 $ »dr , then the original find shall be reinstated. In addition to daily fines, violators shall pay°cost(s) of prosecution, if any, which have been incurred by the city with respect to such violation, City Clerk L4)-.GX08i 9413t. _Thho.ei?Q1CO chilli d w$tririjn0e shell NUM* jet the tt'dg tMa]feta, ii11744020111111.liliglifion sffltftament which may ba tjv rdjty the City helt� tJte er tti d 4F ten-Nee�af IntUfiv tit}g 4AtettnteatIinADOtth +-fs encf•nnrvtnt at e-3e neod-eOtlae s#Dwn Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. Any matter that was already scheduled for a mitigation hearing al the time of the adoption of this Ordinance on March 10, 2022 shall proceed according to Subsection 2-817(d) as it was In effect at the limo of scheduling of the hearing. 121 Section 5. This Ordinance shall become effective immediately after final reading and adoption thereof, j 1) Words/and of figures stricken through shrill be deleted. IJndaxeorcd words and/or figures shall be added. The remaining provisions arc now in H7cei and remain unchanged. Asterisks indicate omitted and unchanged material, [2] This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ant (10) days from the dole it was passed and adopted. If the Mayne -vetoes this Ordinance, it shall become effective immediaicly upon override. of the veto by the City C onimission or upon the effective date stated herein, whichever` Is later. Meeting History Feb 24, 2022 9:00 AM City Commission City Commission Meeting RESULT: PASSED ON FIRST READING (UNANIMOUS] MOVER: JOe Carolio, Vice Chatr, District Three SECONDER: Manolo Reyes, Commissiune , DIstricl Four AYES: Christine King, Joe Carollo, Ken Rrtsscli, Matrolo Reyes ABSENT: Alex Dia? de la twi, Mar 10, 2022 9:00 AM CitY commission City Commission Meeting RESULT: ADOPTED WITH MODIFICATION(S) (4 TO 1] MOVER: Jae Corolla, Vice Chair, District Three SECONDER; Alex Choi de la Pordlla, CommIsnloner; District One AYES: Christine King, Joe Corollo, Alex Diaz de la Porlilla, Olanolo Reyes NAYS: Ken Russell Select Language it Draft Next: 3/10/2022 9:00 AM >B Draft Submitted into the pub record f. r it m(s) on • City Clerk Type: Properly: Old Republic National Title insurance Company (NCTS 20 S. Clark Street, Suite 2900 Chicago, (L 60603 (312) 641-7756 COMBINED CLOSING STATEMENT Commercial Purchase TRACT TWO, 7050 NORTHEAST 2 AVENUE MIAMI, FL 33138 (MIAMI-DADE) TRACT TWO, 190 NORTHEAST 71ST STREET MIAMI, FL 33138 (MIAMI-DADE) TRACT TWO, 7020 NORTHEAST 2ND AVENUE MIAMI, FL 33138 (MIAMI-DADE) TRACT ONE, 7012 NORTHEAST 2ND AVENUE MIAMI, FL 33138 (MIAMI-DADE) TRACT ONE, 7010 NORTHEAST 2ND AVENUE MIAMI, FL 33138 (MIAMI-DADE) TRACT ONE, 185 NORTHEAST 70TH STREET MIAMI, FL 33138 (MIAMI-DADE) Buyer(s): MADISONEXCHANGE, LLC AS 1031 QUALIFIED INTERMEDIARY FOR LR 7050 DEV, U.0 A FLORIDA LIMITED LIABILITY COMPANY LITTLE RIVER OZ INVESTMENT, LLC A FLORIDA LIMITED LIABILITY COMPANY idlers: NICKELLI LAVASKI PIERRE IL) File Number: NCT22012011 Seles Price: Close Date: 1017/2022 Submitted into the pub record ftV. items) on is City Clerk 4 Deposits, Credits, Debris ... - .. .. - . .. Allocated Purchase Price for LR 7050 DEV, LLC (Trap TM)) • $2,314,12&13 52,31026.13 Allocated Purchase Price for Little River OZ Investment, LLC (Tract One) 32,135,871.87 52,135,871.87 1031 Exchange Funds from Madison EN/range, LL.C, 51,701,455.42 Funds from MRPR Maltapernere Inc. on behalf of LR 7050 DEV, LLC 5612,672.71 Additional Earnest Deposit $100.000.0D Initial Earnest Deposit 550,000.eo P►orattor _ Security DeposifsT(Amst Retail Mc. and T & T Retail Inc) $2,500.00 $2,500.00 2022 RE Tax Adjustment S20.191.35 s2D,191,35 Security Deposit (Nicfas Tax A Express loc.) S6.623,31 58,623.31 October 2022 Renl Adjustments (Niclas Tax & Express Inc.) S4,311.65 54,311.65 Payoffs Payoff to ! P,A. (Per Diem Added - 6 days U S51,19) 5194 911,62 Commissions Commission Foe tc . , Advisors S 130,750,D0 Title Charges Owner's Poky 04,450,000.00 S13,700.00` umber. NCT22012011 Ir of 3 Submitted into the pub *e record f • r itqm(s) on $450.00 City Clerk ..116:111411111111111— Water & Sewer Charges 17050 NE 2nd Ave) to Miami -Dade Water and Sewer Department $5.102.70 $1,250.00 $14250.00 1111111111111111111111111111111 ur {Oeed to LR 7050 DEV; 1.14 $24038.34 Tax (Deed to Little River 02 investment, t.LC) $22.426.65 Rao** 9 Fees - Deed11°M Recording Fees - Releases AiktliionWso Survey Fee to Connie r± at Due pitigence Services Legal Fee to 1 ' '"`" ' e P.A 574595.00 $866.44 $3,500.00 nnstanding F ies-PrOpity Seale It (7010 NE 2nd Ave) la City of Miami $165.00 Burglar Alarm Pemdt Renewal Fee (7010 NE 2nd Ave) to Miami Police Department 3urglar Alarm False Alarm Fee (7010 NE 2nd Ave) to Miami Police )eparknent eget Fee to : _ LLP :0tding Viotalion Fines - Escrow rioldback 9ction Fees - Escrow Holdback $26,180.00 111111111111 11111111111111 $697,125.00 510,000.00 safe Cone titans ..t sa w Hcldbae fr riew of Fie & Lien Waiver Fee to Balance Due FROM Buyer: Balance Due TO Seller: S. APPROVED AND ACCEPTED SELLER(S) LLD as 1031 Qualified tnlennodiary for LR 7050 DEV, LLC a company 1v3: ♦ 3: D AND APPROVED: Submitted into the public record f r it m(s) YNE , on 9 `4 1.,3 . City Clerk tiDSV.:i s►�i y t liver OZ MENT COORD[NATON a Florida limited labftly company 4 Submitted into the pub 'c record f r it m(s) on City Clerk Page 1 of 1 City of Miami July 05. 2022 THE CITY OF MIAMI vs. N1CKELLI LOVASKI PIERRE 2190 NW 99 TER PEMBROKE PINES, FL 33024 33024 Tenant: Subject Property: 7010 NE 2 AV Submitted into the putdic record f it (s) �, b on q �14� Z3 . City Clerk CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case No: CE2021004721 Address: 7010 NE 2 AV Hearing Date: July 14, 2021 Folio: 0131130570020 Legal: 13 53 41 DUPONT ADDN PB 13-56 E50FT OF LOT 3 BLK 1 LOT SIZE 25.000 X 50 OR 13794- 3343 0288 2 COC 22738-1069 09 2004 2 ejt: ppm 004V1 Affidavit of Compliance Folio: 0131130570020 I, RICARDO FRANQUI, Inspector for the City of Miami, being duly sworn, deposed and says: I. On July 05, 2022, I conducted an inspection of the property cited for violation(s) in the above -styled 2. The inspection and a review of applicable records indicate that** vta i s) p ung`to t11s case were corrected on July 05, 2022. Name of Inspector: RICARDO FRANQUI Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell Phone Number: (786) 696-0266 Office Phone Number: (786) 696-0266 Email: rfranqui@miamigov.com RICARDO FRANQUI Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE ME THIS r izce Ada Print Notary Name Personally know Type and numbetfo Did take an oath Oared) or Produced D. produced or Did not take an oath t, 4 •uzaioA 041P10 ; -, NotaryPublic-Seal4cri Commis;ion • $ yet11,- My Ca. Lykes Apr 4, tpf Cantu. 3 DAY OF Notary Public State of Florida My Commission Expires: 20✓ 2. httpi/lmprod01 /cityviewweb/PrintAll/Odgeeh45gjrzyhmcl l4msuvf/Page 19_0001.html 7/5/2022 Page 1 of 2 City of Miami July 05, 2022 THE CITY OF MIAMI vs. NICKELLI LOVASKI PIERRE 2190 NW 99 TER PEM.BROKE PINES, FL 33024 33024 Tenant: Subject Property: 7050 NE 2 AV Submitted into the public record fqr itqm(s) . t on q 114 (14_ . City Clerk CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case No: CE2021005111 Address: 7050 NE 2 AV Hearing Date: September 08, 2021 Folio: 0131130570040 Legal: DUPONT ADDN PB 13-56 LOT 6 LESS S6.40FT OF E42.91FT & S 10.05FT OF W57.09FT THEREOF & LOTS 7 & 8 LESS N l OFT OF LOT 8 FOR RIW BLK 1 & E1/2 OF ALLEY LYG W & ADJ CLOSEDPER O1W-1349-2L0PSIZE-6724-SQFT M/L OR 15651-1890 0992 2 COC 24404-3361I26049- 3692 01 06 01 CR: CE2021005111 Affidavit of Compliance Folio: 0131130570040 I, RICARDO FRANQUI, Inspector for the City of Miami, being duly swom, deposed and says: 1. On July 05, 2022,1 conducted an inspection of the property cited for violation(s) in the above -styled matter. 2. The inspection and a review of applicable records indicate that the violation(s) pertaining to this case were corrected on July 05, 2022. Name of Inspector: RICARDO FRANQUI Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell Phone Number: (786) 6964)266 Office Phone Number: (786) 696-0266 Email: rfranqui@miamigov.com RICARDO FRANQUI Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE ME THIS Lf_ "`,I DAY OF, k.) l # , 20- f N l S [i+scA CARD* ',ot.wg ?t.a,t; Sta:r c'• �;onpe (onrt;mor c ,C 110 • Za`/C/C? airicj Print Notary Name Notary Public State of Florida My Commission Expires: http://lmprod0l/cityviewweb/PrintAll/gzwxdcuynuxobOiflbOmj 045/Pag e9_0001.html 7/5/2022 • Page 1 of 2 City of Miami July 05, 2022 THE CITY OF M1AM1 vs. NICKELLI LOVASKI PIERRE 2190NW99TER PEMBROKE PINES, FL 33024 33024 Tenant: Submitted into�the public record foir 1 j) WE. 11 l I4 I i��I on . City Ci Clerk CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case No: CE20210051 12 Address: 7020 NE 2 AV Hearing Date: July 01, 2021 Folio: 0131130570030 Legal: DUPONT ADDN PB 13-56 ALL OF LOT 5 & S6.40FT OF E42.91 FT OF LOT 6 & S 10..05FT OF W57.09FT OF LOT 6 BLK 1 & EI/2 OF ALLEY LYG W & ADJ CLOSED PER ORD 13492 LOT SIZE 3558 —SQf M OR 69664H 5--1- GOG26436.199& 11 2007 CR: CE2021005112 Affidavit of Compliance Subject Property: 7020 NE 2 AV Folio: 0131130570030 ;1. 1. On July 05, 2022, I conducted an inspection of the property cited for violation(s) in the above -styled 2. The inspection and a review of applicable records indicate that the violation(s) pertaining to this case were corrected on July 05, 2022. matter. Name of Inspector. RICARDO FRANQUI Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell phone Number: (786) 696-0266 Office Phone Number: (786) 696-0266 Email: rfranqui@miamigov.com RICARDO FRANQUI Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE METHIS Lizat,dct rp 1 u) `hitt:NotaryName Personally know or Produced I.D. 4 `. DAY OF J(_ t Il f , 20`14- Notary Public State of Florida My Commission Expires: http://1mprod01/cityviewweb/PrintAll/gzwxdcuynuxob0iflb0mj045/Page8 0001.html 7/5/2022 Page 1 of 2 City of Miami July 05, 2022 THE CITY OF MIAMI vs. NICKELLI LOVASKI PIERRE 2190 NW 99 TER PEMBROKE PINES, FL 33024 33024 Tenant: Subject Property: 7012 NE 2 AV Submitted into the public record foflite (s) PlE• L on CODE ENFORCEMENT BOARD CITY OF MIAM1, FLORIDA Case No: CE2021005113 Address: 7012 NE 2 AV Hearing Date: July 14, 2021 • City Clerk Folio: 0131130570010 Legal: DUPONT ADDN PB 13-56 LOTS 1-2-4 & W50FT OF LOT 3 BI..K 1 & E 1 /2 OF ALLEY LYG W & ADJ CLOSED PER ORD 13492 LOT SIZE 10092 SQ FT M/L OR 13794-3343 0288 2 COC 22738-1069 _____-09-20O4-2-... CR: CE2021005113 Affidavit of Compliance Folio: 0131 I30570010 I, RICARDO FRANQUI, Inspector for the City of Miami, being duly sworn, deposed and says: I. On July 05, 2022, I conducted an inspection of the property cited for violation(s) in the above -styled 2. The inspection and a review of applicable records indicate that the violation(s) pertaining to this case were corrected on July 05, 2022. matter. Name of Inspector: RICARDO FRANQUI Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell Phone Number: (786) 696-0266 Office Phone Number: (786) 696-0266 Email: rfranqui a(�t, iiamigov.com RICARDO FRANQUI Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE ME THIS j DAY OF Li t(bit) rttot Notary Name Personally know, or Produced I.D. Type and number of LD.:produced LlBAtpA CARPIO 4'"1"1 . Noldry,Pubitt State of Fltifidp ?'= Canlmisswn.e<432 ill " My Cornet. Expnes Apra; 2( ' - o blic State of Florida My Commission Expires: http://lmprod011cityviewweb/PrintAll/gzwxdcuynuxobOiflbOmj045/Page7 0001.htm1 7/5/2022 Page 1 of 2 City of Miami September 29, 2022 THE CITY OF MIAMI VS. NICKELLI LOVASKI PIERRE 2190 NW 99 TER PEMBROKE PINES, FL 33024 33024 Tenant: Submitted into the public rr record f9r itFm(s) ‘1�, b on i 1I4Ia City Clerk CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case No: CE2021004720 Address: 7020 NE 2 AV Hearing Date: July 14, 2021 Folio: 0131130570030 Legal: DUPONT ADDN PB 13-56 ALL OF LOT 5 & S6.40FT OF E42.91FT OF LOT 6 & S10.05FT OF W57.09FT OF LOT 6 BLK 1 & E1/2 OF ALLEY LYG W & ADJ CLOSED PER ORD 13492 LOT SIZE 3558 SQ F eMIL OR 16966-51ln 111951 COC 26136-1905 11 2007 1 CR: CE2021004720 Affidavit of Compliance Subject Property: 7020 NE 2 AV Folio: 0131130570030 I, RICARDO FRANQUI, inspector for the City of Miami, being duly sworn, deposed and says: I. On September 29, 2022, I conducted an inspection of the property cited for violation(s) in the above - styled matter. 2. The inspection and a review of applicable records indicate that the violation(s) pertaining to this case were corrected on July 13, 2022. Name of Inspector: RICARDO FRANQUI Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell Phone Number: (786) 696-0266 Office Phone Number: (786) 696-0266 Email: rfranqui@miamigov.com RICARDO FRANQUI Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE ME THIS L l DAY OF $e4 n , 20 21. 11CC>t ()+r - -- -ti -9 Print Notary Name rotary Public y Contmissio ' f . ERICA BERMUDEZ j Notary Public • State of Florida tka ; Commission J NH 246097 N :orn My Comm. Expires Mar 28. 2026 http://lmprodOl/cityviewweb/PrintAll/y5vuo445wgaxb0bpcbijaj55/Page .'�`'^^ � `t n ��tiV��l `�f�� '�"' 2 Submitted into the pub 'c record fqr i m(s) �� 6 on 1114 . City Clerk "D" MIAMI-DADE COUNTY CLERK OF THE COURTS LUIS G. MONTALOO, CLERK AD INTERIM Qintact Us My Account Submitted into the public record fir it "4 J(S)• City Clerk CIVIL, FAMILY AND PROBATE COURTS ONLINE SYSTEM 41 BACK PULPERZAMLA. EEC VS CITY of wAMt Local Case Number: 2022-015022-CA-01 State Case Number; 132022CA015022000001 Consolidated Case No,: N/A Casa Status: CLOSED * Related Cues Parties Hearing Details Piling Date: 08/11/2022 Judicial Section: CA32 - Downtown Miami Court Location: 73 West Nagler Street, Miami FL 33130 Case Typo: Challenge - Statute or Ordinance Tbtal Of Related Cases 0 + Total Of Parties: 2 UBltal Total Of HeerIngz 0 + Tatet fOpb(gfleft " % Dockets Docket Event Number Date Book/Page Entry Type Comments ▪ 15 03/06/2023 33610680 Order:0 Event WITH PREJUDICE Dion esal 14 03/06/21)23 Order of Judgment WITH PREJUDICE Dismissal ▪ 13 02/22/2023 Order Setting Event CM Deadline 12 12/061202a Notice of Event STIPULATION OF DISMISSAL. Figng: ▪ 11 08/31/2022 Notice: Event Nance AND JOINT MOTION FOR STAY PENDING SETTLEMENT DISCUSSION 10 08/28/2022 Notice of Event SUMMONS AND RETURN OF SERVICE Filing: 9 08/19/2022 Receipt: Event RECEIPTS:2060033 AMT PAID:210.00 COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3132-SUMMONS ISSUE` FEE 1 $10.00 $10.00 TENDER TYPE:CASH TENDER AMT:$20.00 TENDER TYPE:CHANGE TENDER AMT:($1O.00) RECEIPT DATE:04/19/2022 REGISTER4:206 CASHIER:BEPEREZ 08/19/2022 20 Day Service Summons Issued 8 08/19/2022 20 Day Event FRANCIS X SUAREZ (MAYOR) Summons Parties: Pulpedamla LW: City of Miami Issued 1/3 Submitted into the public record fo jtein s Docket Event Number Date Book/Page Drily Type Comments on ti City Clerk Drily 7 08/16/2022 Receipt: Event RECEIPT/:3130043 AMT PAID:3401.00 NAME:GRANOFF, LOREN S. LOREN S. GRANOFF PA 3250 NE 1ST AVENUE SUITE 334 MIAMI FL 33137 COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3100-CIRCUIT FILING FEE 1 3401.00 $401.00 TENDER TYPE:EFIUNGS TENDER AMT:$401.00 RECEIPT DATE.08/16/2022 REGISTER4:313 CASHIER:EFILINGUSER 08/1S/2022 Receipt Event RECEIPT4:2480016 AMT PAID:310.00 COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3139-SUMMONS ISSUE FEE 1 $10.00 310.00 TENDER TYPE:CASH TENDER AMT:$10.00 RECEIPT DATE:08/15/2022 REGISTER4:248 CASHIER:BEPEREZ 08/15/2022 20 Day Service Summons issued 4 08/15/2022 20 Day Event Parties: Pulperiatnia LLC; City of Miami Summons Issued 3: 08/11/2022 Complaint Event 2 08/11/2022 Civil Cover Event Sheet - Claim Amount t 08/11/2022 Civil Cover Event Sheet - Claim Amount *ma Please be advised: The Clerk's Office makes every effort to ensure the accuracy of the following information; however it makes no warranties or representations whatsoever regarding the completeness, accuracy, or timeliness of such information and data. Information on this website has been posted with the intent that it be readily available for personal and pubic non-commercial (educational) use and to provide the public with direct online access to information in the Miami -Dade Clerks Office information systems. Other than making limited copies of this website's content, you may not reproduce, retransmit, redistribute, upload or post any part of this website, including the contents thereof, in any form or by any means, or store It in any information storage and retrieval system, without prior written permission from the Miami -Dade Clerk's Office. If you are interested In obtaining permission to reproduce, retransmit or store any part of this website beyond that which you may use for personal use, as defined above, visit our a J, n�P .Sirirlcas, You can review the compkte.arnirOad8 Courty Oistlidreet General Online t.91.e IInnsc /f:. ysl;• Courts information Help and Support Ctert,'• Now Priva.:f 5ia:en,.:,nt AC1A N,'tke hia,:lai+r.r 1vLtar! Us About Lis 2/3 Submitted into the public record f r itpm(s) � on II City Clerk "E • ID: 54911095-2194-4428-A838-9CC4EAA0EA4D Submitted into the public record fpr items) QLL e 6 on g yiz3 City Clerk rt..i i®7ltai M..A1Tf.G1 k ltrtr Moths tag 7.1.0D Oiwrevnped Wehra WON Irrl OferOoa*ktd gamic TY 22$ heeler Ys S ULM S Loral $ 21 kX ro Yes $ MR $ iio93D S 15,t14BJ Yd $ rota $ 4Aezim igraLitt Sfa^k" iMatitAttLi&th MUNE ies$ t/Jie4o Go,* btardsat Q4 i Wooirorr ie19 S 23mm S 1 istaco S 2 $ 1L19 No * . $2.A00 124 OD Iep 12.4C0 S24200 No Submitted into the public record f r m(s) ____' �_ on 9�iu11�, City Clerk "F 6/19/23, 8:15 AM Request a Mitigation Hearing for a Code Enforcement Case - Miami Hurricane Season is June 1 - Nov. 30. View our Hurricane Guide. Hurricane Guide (https:// ►ww miamigov.com/My-Hom eig tborhood/Hurricane-Guidej, City of Miami Submitted into the public record for it m(s) on I City Clerk Home (https//www.miamigov.com/Home) / Permits & Construction (https://www.miamigov.com/Permits-Construction) / Appeals & Hearings (https://www.miamigov.com/Permits-Construction/Appeals-Hearings) / Request a Hearing in Code Enforcement (https://www.miamigov.com/Permits-Construction/Appeals-Hearings/Request-a-Hearing-in-Code-Enforcement) / Request a Mitigation Hearing for a Code Enforcement Case Request a Mitigation Hearing for a Code Enforcement Case Do you have an open Code Enforcement case where you have corrected the violation, but there is an active per - diem -fine that is accruing? The City of Miami understands that you would like an opportunity to discuss your with either the Code Enforcement Board or the City Commission. AS OF NOVEMBER 29, 2022, CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI WAS AMENDED. VIEW THE LEGISLATION (1'.1MB) (/FILES/ASSETS/PUBLIC/DOCUMENT RESOURCES/PDF-DOCS/PLANNING/ORDINANCE-14123-1.PDF) OR READ THE SUMMARY, BELOW: 1. If you are asking for a Mitigation for a) a homestead property, b) a single-family or duplex residential property, c) a vacant land where the immediate, previous use was as single family or duplex structure, or d a property owned by a not -for -profit organization, then you may be able to request a Mitigation before the Code Enforcement Board. 2. If you are asking for a Mitigation for a non -homestead property that has fines running that are more than 271 days old, and that is part of a bankruptcy proceeding or is part of a litigation settlement involving the City of Miami, then you may be able to request a Mitigation before the City Commission. If you are asking for a Mitigation for a non -homestead property that has fines running that are less than 271 days old, then you may be able to request a Mitigation before the Code Enforcement Board in accordance with https:/Mnvw.miamigov.com/Permits-Construction/Appeals-Hearings/Request-a-Hearing-in-Code-Enforcement/Request-a-Mitigation-Hearing-for-a-Code... 1 /3 6/19/23, 8:15 AM Request a Mitigation Hearing for a Code Enforcement Case - Miami the table found in Section 2-817(d) of The City Code 4. (h_Ups://library.municode.com/fUrniarni/codes/code orn/fl/miami/codes/code _of_ordinances? nodeld=PTIITHCO. CH2A0_AWfXCOEN S2-817ADCOFILO.. Submitted into the public record f r i em(s) VNE , L on City Clerk If you are asking for a Mitigation for a non -homestead property that has fines running that are more than 271 days old, then a Mitigation is not available. You will need to pay 100% of the fines due, pursuant to Section 2- 817(d) of The City Code (https://library.municode.com/fl/miami/codes/code .oLordinances? nodeld=PTIITHCO GH2AD ARTXCOEN .S2-817ADCOFILI); Keep reading below for instructions on how to submit your request form and to see if you are eligible. Online 1 Determine Your Eligibility Only the owner(s) or someone with legal standing (i.e. Legal Counsel, Power of Attorney) on behalf of the owner(s) can request this type of hearing. All Power of Attorneys must be notarized and will be reviewed by the Legal Department. NOTE: -You must have an "Affidavit of Compliance" to request a Mitigation Hearing. All violations must be "complied". -You will be required to upload the Power of Attorney document in PDF format when completing the questionnaire to request a hearing. 2 What You Need • Case Number: Your case number can be found on your Notice of Violation (e.g. 2018000000 or 00012345). • Power of Attorney, if applicable: A valid Power of Attorney is required if you are not the owner. • IMPORTANT NOTE: All documents and information submitted for a public hearing become a public record available to anyone who seeks public information. It is important that you do not submit any sensitive information. Request a Mitigation Hearing Start the request for hearing process by answering the questionnaire. https://www.miamigov.com/Permits-Construction/Appeals-Hears ngs/Req uest-a-H earing-in-Code-E nforcement/Request-a-Mitigation-Hearing-for-a-Code... 2/3 6/19/23, 8:15 AM Request a Mitigation Hearing for a Code Enforcement Case - Miami Request Mitigation Hearing (https://www.miamigov.com/Forms/Request-a- Mitigation-Hearing-FORM) What Happens Next? • Your request will be reviewed along with your supporting documentation (Power of Attorney, if Submitted into the publicr, ecord_1iJ 10on • CityClerk applicable). • If your documents are correct, you will receive a notification of your hearing date, time, and location via email within 3-5 business days. • At the hearing, the Board will make a Motion regarding the fines on your violation. Contact Us Phone (a05) 416-2030 (tet 3054162030) Location City of Miami - Hearing Boards 444 SW 2nd Ave, 3rd Floor Miami 33130 View Map (https:t/maps.gagJe.com?q=444 SW 2nd Ave, 3rd Floor' 20Miami%2033130). Site Feedback hops:/Mrww.miamigov.com/Permits-Construction/Appeals-Hearings/Request-a-Hearing-in-Code-Enforcement/Request-a-Mitigation-Heari ng-for-a-Code... 3/3 Submitted into the pub record f ir i em(s) on City Clerk "G" 6/19/23, 8:16 AM Request a Mitigation Hearing - Miami hurricane Season is June 1 - Nov. 30. View our Hurricane Guide. Hurricane Guide (https://www.miamigov.com/Nly- ome-Neighborhood/Hurricane-Guide). Oity of Miami Home (https://www.miamigov.com/Home) / Request a Mitigation Hearing Request a Mitigation Hearing Submitted into the public on recordqf�l yL5tT. City Clerk Request a Mitigation Hearing for a Code Enforcement Case Not Eligible for Mitigation Section 2-817(d) of The City Code provides important information regarding who is elgible for a Mitigation. Please visit this Link for more specific information. Powered by 01nForms Site Feedback https://www.miamigov.com/Forms/Request-a-Mitigation-Hearing-FORM 1/1 JUAN FERNANDEZ-BARQUIN CLERK OF THE COURT AND COMPTROLLER MIAMI-DADE COUNTY Contact Us My Account Submitted into the public record fpr it m(s) �� ' 6 on Q I N N (L3 City Clerk CIVIL, FAMILY AND PROBATE COURTS ONLINE SYSTEM 1/ BACK NICKELLI LOVASKI PIERRE VS CITY OF MIAMI Local Case Number: 2023-018694-CA-01 Filing Date: 06/26/2023 State Case Number: 132023CA018694000001 Judicial Section: CA10 - Downtown Miami Consolidated Case No.: N/A Court Location: 73 West Flagler Street, Miami FL 33130 Case Status: OPEN Case Type: Declaratory Judgment Related Cases 'M Parties Total Of Related Cases: 0 + Total Of Parties: 2 f' ' Hearing Details Total Of Hearings 0 + 1 Dockets Docket Number Date Book/Page Entry Event Type Comments ▪ 10 08/25/2023 Order Setting Event CM Deadline ▪ 9 li 8 07/19/2023 Motion to Stay Event 07/01/2023 Notice of Event Filing: 06/30/2023 Notice of Event Parties: Dooley Rachel S.G.; City of Miami Appearance Total Of Dockets:10 6 06/27/2023 Receipt Event RECEIPT#:2150030 AMT PAID:$10.00 COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3139-SUMMONS ISSUE FEE 1 $10.00 $10.00 TENDER TYPE:CASH TENDER AMT:$10.00 RECEIPT DATE:06/27/2023 REGISTER#:21S CASHIER:TCOBB 06/27/2023 20 Day Service Summons Issued 5 06/27/2023 20 Day Event Parties: City of Miami Summons Issued 4 06/27/2023 Receipt: Event RECEIPT#:3220293 AMT PAID:$401.00 NAME:GRANOFF, LOREN S. LOREN 5. GRANOFF PA 3250 NE 1ST AVENUE SUITE 334 MIAMI FL 33137 COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT 3100- CIRCUIT FILING FEE 1 $401.00 $401.00 TENDER TYPE:EFILINGS TENDER AMT:$401.00 RECEIPT DATE:06/27/2023 REGISTER#:322 CASHIER:EFILINGUSER 1/2 Docket Number Date Book/Page Entry Event Type Comments 2 06/26/2023 06/26/2023 N BACK Please be advised: Complaint Event Civil Cover Event Sheet - Claim Amount The Clerk's Office makes every effort to ensure the accuracy of the following information; however it makes no warranties or representations whatsoever regarding the completeness, accuracy, or timeliness of such information and data. Information on this website has been posted with the intent that it be readily available for personal and public non-commercial (educational) use and to provide the public with direct online access to information in the Miami -Dade Clerk's Office information systems. 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Submitted into the public record f (r on 4 1• em(s) City Clerk 2/2 City of Miami Legislation Resolution Submitted into the public record fq ite�m(s) 'Q‘E. on Y 114 1 7 ti City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 7010, 7012, 7020 AND 7050 NE 2 AVENUE FOR CASE NUMBERS CE202100472, CE2021005113, CE2021005112, CE2021004720 AND CE2021005111, 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 LIENS; 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. Sponsor: WHEREAS, Nickelli Lovaski Pierre ("Pierre") owned 7010, 7012, 7020 and 7050 NE 2 Avenue, Miami, Florida ("Properties") at the time of violation and compliance and seeks mitigation of the Code liens at issue here based upon authority provided in the closing statement for the sales of the Properties; and WHEREAS, the Properties are sequential lots, two of which are vacant lots (7010 and 7012, while 7020 and 7050 contain commercial buildings; and WHEREAS, Property 7010 was issued violation CE2021004721 ("Code Case") on March 10, 2021 for parking on unimproved surfaces, parking of untagged vehicles and storage of material and debris, the case went to hearing on July 14, 2021 was found in violation and order to comply within 60 days or be subject to a $250.00 per diem fine; WHEREAS, a lien was recorded on September 20, 2021, with the Miami -Dade Clerk of Court and the lien ran 295 days before being complied on July 5, 2022 with a total lien due an owing of $73,750.00; and WHEREAS, Property 7012 was issued violation CE202100005113 ("Code Case") on March 16, 2021 for failing to maintain the vacant lot, the case went to hearing on July 14, 2021 was found in violation and order to comply within 60 days or be subject to a $250.00 per diem fine; WHEREAS, a lien was recorded on September 20, 2021, with the Miami -Dade Clerk of Court and the lien ran 295 days before being complied on July 5, 2022 with a total lien due an owing of $73,750.00; and Submitted into the public record fo it (s) _ ?\ E , en q (I 4� 23 . City Clerk WHEREAS, Property 7020 was issued violation CE2021005112 and CE2021004720 ("Code Cases") in March of 2021for failure to maintain the vacant lot and for work without a permit and having illegal games of chance, the cases went to hearing on July 14, 2021, and were found in violation and order to comply within 60 days or be subject to a $250.00 per diem fine; WHEREAS, Code Case CE2021005112 had its lien recorded on August 2, 2021, with the Miami -Dade Clerk of Court and it ran for a total of 368 days before being complied on July 5, 2022 with a total lien due and owing of $92,000.00; and WHEREAS, Code Case CE2021004720 had its line recorded on September 20, 2021, with the Miami -Dade Clerk of Court and it rant for a total of 303 days before being complied on July 13, 2022, with a total due an owing of $75,750.00; and WHEREAS, Property 7050 was issued violation CE2021005111 ("Code Case") on March 16, 2021 for failure to maintain the lot, the case went to hearing on July 14, 2021 was found in violation and order to comply immediately or be subject to a $500.00 per diem fine; WHEREAS, a hen was recorded on September 20, 2021, with the Miami -Dade Clerk of Court and the lien ran 299 days before being complied on July 5, 2022, with a total lien due and owing of $149,500.00; and WHEREAS, for the contiguous lots, the total amount of liens for all four (4) Properties is $464,750.00; and WHEREAS, Pierre filed suit in the Eleventh Judicial Circuit, of Miami Dade County, under case number 2023-18684-CA-01 ("Court Case") on June 27, 2023; and WHEREAS, Pierre 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, Pierre and the City 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 10% for all cases or $46,475.00 as full and final settlement of the Code Cases; 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 a mitigation in the amount of $ as full and final settlement of the Code Compliance lines issued under Case Numbers CE2021004721, CE2021005113, CE2021005112, CE2021004720 and CE2021005111 and which is to be divided equally among the cases. Submitted into the public record for itqm(s) M . b on q I Iy I%'i . City Clerk 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 Resolution R-22-0416 Legislation Submitted into the publ'c record fpc it1L2 m(s) C t 6 on 1 f 14. City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12509 Final Action Date: 10/27/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER CE2014002121 ON PROPERTY ADDRESS 620 NORTHEAST 78th STREET, MIAMI, FLORIDA, 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, East Coast Investment, Inc., a Florida corporation ("Owner") owns the property located at 620 Northeast 78 Street, Miami, Florida ("Property"); and WHEREAS, on December 10, 2014, the Code Enforcement Board ("CEB"), heard the violation related to Case No. CE2014002121. The Property Owner attended the hearing and was found guilty of worked performed without an authorized permit; and WHEREAS, the CEB provided Ninety (90) days for compliance or a $250.00 per diem fine would issue; and WHEREAS, the Property Owner requested and received extensions to address the CE2014002121 through November 2016; and WHEREAS, the extensions were granted yet the Property remained non -compliant following expiration of the extensions; and WHEREAS, the Property came into compliance upon finalizing permit no. BD001349- 001 on July 19, 2022; and WHEREAS, there is a lien attaching to the property in the amount of $512,050.00; and WHEREAS, the matter is currently in litigation in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, Case Number 2022-015022-CA-01 ("Court Case"); and WHEREAS, the Property 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 Court Case is stayed pending the disposition of this mitigation; and WHEREAS, the Property Owner offers mitigation in the amount of 10% of the total lien which amounts to $51,205.00; and City of Miami Page 1 of 2 File ID: 12509 (Revision: B) Printed On: 11/14/2022 Submitted into the public record fyr itFm(s) YIE . b on 1114 I L , . City Clerk File ID: 12509 Enactment Number: R-22-0416 WHEREAS, the Office of the City Attorney has investigated and evaluated this matter and recommends that said matter be heard based upon the foregoing; 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 Property Owner and the advice and argument from the Code Compliance Department and any other relevant City Department, the City Commission orders a mitigation in the amount of $51,205.00 as full and final settlement of the Code Compliance violation issued under Case No. CE2014002121. Section 3. 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: na dez, ity ' ttor ey 11/9/2022 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: 12509 (Revision: B) Printed on: 11/14/2022 1 I Intercredit Bank, N.A. Web Central - v3.4.1.0 Submitted into the public record foF it m(s) Y1 E . on 9 ! I I ! t . City Clerk Deposit Receipt Page 1 of 1 *Subject to Verification! Deposit ID 230903-2 Submitted a Submitted by Account Name Items 11, Amount Valid On Sep 3 2023 10:43AM Item: 1 Aba: 267090594 Account: 9854467386 Intercredit ****0105 LOREN S. G. Trust Ac 1 Amount: $46,475.00 Serial: TranCode: 0162 NICKELL1 LOVASIQPIERRE ROOM JlffyKiet;� vX fain:pall Ar119ankUnited._ 04291100 162 „.yy� aka, 0114. t$ Ct6,414. a:26704059 W: 98544673a6r o sa INCV 3 AArrof � 3� $46,475.00 09/05/2023 Proof Amount: $46,475.00 EPC: 0 Optional OnUs: https://capturenet.net/Remote%20Deposit%20Report.asp?Desposi tStartDate=9/3/2023 &Des... 9/3/2023