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HomeMy WebLinkAboutBack-Up DocumentsFiling # 177881074 E-Filed 07/20/2023 02:46:11 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY. FLORIDA CASE NO. 2023-019737-CA-0 I 170 NE 40 STREET, INC., Plaintiff, vs. CITY OF MIAMI, Defendant. SUMMONS THE STATE OF FLORIDA: To Each Sheriff/Certified Process Server of the State: YOU ARE COMMANDED to serve this summons with a copy of the Complaint in this action on Defendant: By serving: THE CITY OF MIAMI c/o Victoria Mendez, City Attorney Office of the City Attorney 444 S.W. 2nd Avenue, Suite 952 Miami, Florida 33130 Defendant is required to serve written defenses to the complaint or petition on: Roger Slade, Esq., Jeremy Apisdorf, Esq., Haber Law, P.A., 251 NW 23 Street, Miami, FL 33127, within twenty (20) days after service of this summons on that Defendant, exclusive of the date of service, and to file the original of the defenses with the Clerk of this Court either before service on Plaintiffs attorney or immediately thereafter. If a Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the complaint or petition. 7/2 1 /2023 Dated this day of 2023. JUAN FERN.%7aI3f4BARQUIN Clerk & C9fic'Otrb Utami Dade County By:: As Dep`u 1 4 In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact the Court ADA Coordinator no later than seven (7) days prior to the proceedings. Telephone 1-800-955-8771, for assistance. IMPORTANTE Usted ha sido demandado legahnente. Tiene veinte (20) dias, contados a partir del recibo de esta notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una llamada telefonica no lo protegera; si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes, interesadas en dicho caso. Si usted no contesta la demanda a tiempo, pudiese perder el caso y podria ser despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso del tribunal. Existen otros requisitos legates. Si lo desea, puede usted consultar a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal que aparecen en la quia telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su respuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la persona denominada abajo como "Plaintiff/Plaintiffs Attorney." (.Demandate o Abogado del Demandante). IMPORTANT Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifis a partir de la date de 1'assignation de cette citation pour deposer une reponse ecrite a la plainte ci- jointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger; vous etes oblige de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom des parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du Tribunal. Il y a d'autes obligations juridiques et vous pouvez requerir les services immediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un service de reference d'avocats ou a un bureau d'assistance juridique (figurant a 1'annuaire de telephones). Si vous choisissez de deposer vous-meme une reponse ecrite, it vous faudra egalement, en meme temps que cette formalite, faire parvenir ou expedier une copie au carbone ou une photocopie de votre reponse ecrite au "Plaintiff/Plaintiffs Attorney" (Plaignant ou a son avocat) nomme ci-dessous. 2 Filing # 177643409 E-Filed 07/18/2023 11:09:39 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL, CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 170 NE 40 STREET, INC., Plaintiff vs. CITY OF MIAMI, Defendant. COMPLAINT TO QUIET TITLE Plaintiff, 170 NE 40 STREET, INC., ("Plaintiff"), by and through its undersigned counsel, hereby sues Defendant, the City of Miami ("Defendant") and hereby alleges as follows: PARTIES, VENUE, AND JURISDICTION 1. This is an action to quiet title in real property located in Miami -Dade County, Florida pursuant to Fla. Stat. §65.061. 2. Plaintiff is a Florida corporation that owns real property located in Miami -Dade County, Florida which is at issue in this dispute. 3. Defendant is a municipal corporation and subdivision under the laws of the State of Florida and is located in Miami -Dade County, Florida. 4. The Property (as defined below) at issue in this litigation is located within Miami - Dade County, Florida. Thus, venue is proper in Miami -Dade County, Florida pursuant to Fla. Stat. §47.051, and this Court has jurisdiction over the subject matter of this action pursuant to Fla. Stat. §26.012(2)(g). HABER LAW, P.A. 251 NW 23RD STREET, MIAMI, FLORIDA 33127 GENERAL ALLEGATIONS 5. Since 2014, Plaintiff has owned the property located at 2085 N.W. 2" Avenue, Miami, Florida 33137 (the "Property"), which is legally described as: Lots A, less the East 5 feet, and Lot B, less the West 15.96 feet, Block 15, A RESUBDIVISION OF BLOCK 6 AND LOTS 1-4; BLOCK 15 JOHNSON AND WADDELL ADDITION, according to the Plat thereof as recorded in Plat Book 7, Page 59, Public Records of Miami -Dade County, Florida. a/k/a: 2085 NW 2' Avenue, Miami, FL 33137. 6. Plaintiff is the owner of the Property, and obtained title by virtue of that certain Warranty Deed dated April 24, 2014, and recorded at OR Book 29133, Page 0248-250 in the Public Records in and for Miami -Dade County, Florida on May 1, 2014.. 7. In March of 2020, during the Plaintiffs ownership of the Property, a Tenant, William Braemer (hereinafter "Tenant") who was running an art gallery at the property, was cited by the City of Miami with Code Enforcement Violations (Case No. CE2020006794), for (1) Tenant's alleged failure to obtain a valid certificate of use for the type of business being conducted at the Property; and (2) Tenant's alleged failure to obtain a business tax receipt for the type of business conducted at the Property. 8. The City of Miami's Violation citation which was posted on the property at the very height of the COVID epidemic, required compliance by April 6, 2020. 9. Though service was accomplished in compliance with the "letter" of the City Code by posting the violation citation upon the Property, neither the Plaintiff nor the Tenant were actually placed on notice due to the fact that the Property was as vacant of human habitation as were most businesses during this period. 2 HABER LAW, P.A. 251 NW 23RD STREET, MIAMI, FLORIDA 33127 10. On January 5, 2022, the City of Miami Code Enforcement Hearing Board sent the Tenant and Plaintiff a Notice of Violation Summons to Appear before the Code Enforcement Board for a hearing on February 3, 2022. 11. Unfortunately, the Tenant required open heart surgery during this period, and he underwent a slow and difficult recovery that kept him away from his art gallery at the Property for many months and he was unaware of the February 3, 2022, hearing and did not attend. 12. The Plaintiff was not aware of the Tenant's medical condition and expected that the Tenant was properly addressing the violations and would bring the Property back into compliance, and based upon this lack of information, he also did not appear before the Code Enforcement Board for the hearing on February 3, 2022. 13. At the hearing on February 3, 2022, the Code Enforcement Hearing Board found that the Tenant and Plaintiff violated the City Code by: (1) Tenant's failure to obtain a valid certificate of use for the type of business being conducted at the Property; and (2) as a result of Tenant's failure to obtain a business tax receipt for the type of business conducted (the "Order"). 14. The Order imposed daily fines of $500.00 per day which began to accrue as of the date of the Order. 15. On February 4, 2022, the Code Enforcement Hearing Board issued a Final Administrative Enforcement Order finding the Tenant and Plaintiff liable as a result of: (1) Tenant's failure to obtain a valid certificate of use for the type of business being conducted, and (2) Tenant's failure to obtain a business tax receipt for the type of business conducted. 16. The Tenant did make attempts to obtain a certificate of use for his gallery in March 2022 and he reached out to the City of Miami Office of Zoning but was provided with inaccurate 3 HABER LAW, P.A. 251 NW 23RD STREET, MIAMI, FLORIDA 33127 information incorrectly indicating that he was "ineligible to obtain a Certificate of Use for the proposed use of General Commercial because you must first obtain a Building Permit to establish or change the use at the proposed location." 17. This assertion was incorrect, due to the fact that the Property had previously been properly permitted to allow business just such as the Tenant's art gallery and the Tenant wasted months working needlessly trying to understand how to fix a situation that did not exist. 18. The Code Enforcement Hearing Board's Order was recorded on July 7, 2022. A true and correct copy of the Final Administrative Enforcement Order is attached as Exhibit A. 19. The Plaintiff received the City's Affidavit ofNon-Compliance, dated July 6, 2022, and for the first time became aware of his Tenant's medical condition and that his tenant had not properly addressed the violations. 20. The Plaintiff immediately retained the services of a permit expeditor and began the process of securing the Certificate of Use and Business Tax Receipt for his Tennant which took a number of months to complete. 21. The alleged deficiencies were subsequently fully cured by the Plaintiff on February 22, 2023. 22. On February 13, 2023, the City of Miami issued to Plaintiff a Certificate of Use. A true and correct copy of the issued Certificate of Use is attached hereto as Exhibit B. 23. On February 22, 2023, the City ofMiami issued the Plaintiff a Business Tax Receipt. A true and correct copy of the issued Business Tax Receipt is attached hereto as Exhibit C. 24. A lien, related to the City of Miami Code Enforcement Board's Final Administrative Enforcement Order, exists upon the Property. 4 HABER LAW, P.A. 251 NW 23RD STREET, MIAMI, FLORIDA 33127 25. Based upon the recorded lien the City imposed daily fines on both Plaintiff and the Tenant in the amount of $500.00 per day starting on the date of the order, for a total of 383 days up to and including the date of compliance on February 22, 2023. 26. To date, the total fine imposed amounts to $191,500.00, and constitutes a lien on the Property. 27. Before filing this cause of action, Plaintiff communicated with Defendant in an attempt to mitigate the fines to no avail. 28. All conditions precedent to the filing of this action have been performed, excused or have been waived. COUNT I — QUIET TITLE 29. This is an action to quiet title pursuant to FLA. STAT. §§65.021 and 65.061. 30. Plaintiff incorporates and realleges the allegations in paragraphs 1 through 28 are incorporated as if set forth fully herein. 31. The Order imposed a lien on the Property. 32. Defendant may claim an adverse interest in the Property by virtue of the aforementioned lien. 33. Defendant does not have a lawful or legitimate interest in the Property, and any interest in the Property, if any, is subordinate and inferior to the Plaintiffs right, title and interest in the Property. 34. Plaintiff is authorized to bring an action to quiet title to the Property and the Other Properties and to clear any cloud on their title. See Section 65.031, Florida Statutes ("An action in 5 HABER LAW, P.A. 251 NW 23RD STREET, MIAMI, FLORIDA 33127 chancery for quieting title to, or clearing a cloud from, land may be maintained in the name of the owner or of any prior owner who warranted the title.") 35. Plaintiff has a compelling interest in removing the cloud of title imposed by the Order and the lien because the title of the Property is currently unmarketable. WHEREFORE, the Plaintiff respectfully requests that this Court enter a judgment in its favor and against Defendant extinguishing any right or claim that Defendant may have in the Property, and removing any and all clouds on title to the Property, and quieting title in the Plaintiff, together with any and such further relief as this Court deems necessary to protect PlaintifPs rights and interests to the Property. Dated this 18th day of July 2023. Respectfully submitted, HABER LAW, P.A. Counsel for Plaintiff 251 NW 23rd Street Miami, FL 33127 Tel: (305) 379-2400 Fax: (305) 379-1106 E-Mail: service!cc>,.haber.law By: /s/ Roger Slade DAVID B. HABER, ESQ. Fla. Bar No. 435368 dhaber(a),haber.la.w .lbegonaghabet. law ROGER SLADE, ESQ. Fla Bar No. 41319 jlewin(a?lraber.law JEREMY AP.ISDORF, ESQ. Fla. Bar No. 671231 japisdorf` i1 haher.law 6 HABER LAW, P.A. 251 NW 23RD STREET, MIAMI, FLORIDA 33127 EXHIBIT "A" THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. 170 NE 40 STREET INC 2121 NW 2ND AVE #206 MIAMI, FL 33127 33127 Tenant: CFN: 20220542852 BOOK 33277 PAGE 2022 DATE:07/07/2022 11:39:22 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami February 04, 2022 CR: CE2020006794 Case No: CE2020006794 Address: 2085 NW 2 AV Folio: 0131250510090 Legal: 25-36 53 41 HALL &MORGAN R/S PB 7-59 LOT A &LOT B LESS W11 FT BLK 15 LOT SIZE 80.000 X 89 OR 15216-2137 0891 4 COC 25150-0599 25149-4643 1106 5 OR 25149-2514 1106 5 Hearing Date: February 03, 2022 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2111 Failure to Obtain a valid certificate of use for the type of business being conducted. Miami 21 Article 4 Table3,7.1.2 - 2151 Failure to obtain a business tax receipt for the type of business conducted. City Code Chapter 31 You are hereby ordered to correct said violation by February 04, 2022. If you fail to comply by said date, you will thereafter be fined the sum of $500 per day. It is your responsibility to advise the Inspector immediately after the violation has been corrected to obtain an Affidavit of Compliance. Failure to obtain an Affidavit of Compliance will result in the continuing accrual of the daily fine. This Order shall constitute a lien against the above referenced property and any other real or personal property that you own once it is recorded in the Public Records of Miami -Dade County. LIENS THAT REMAIN UNPAID FOR THREE (3) MONTHS MAY BE FORECLOSED IN COURT. In addition, the Certificate of Use and Occupational License of any business occupying this property may be suspended or withheld. Operating a business without all required licenses is illegal under state and city law, and is punishable by criminal arrest and/or closing the business. Should you have any questions regarding this Enforcement Order, or if you wish to advise the Code Enforcement Board that the violation has been corrected, please call Joel Ramirez at Cell Phone Number: (786) 696-0346 or Office Phone Number: (305) 416- 2087. City of Miami Code Enforcement Board This is to certify that the foregoing is a true and correct copy of the document on file dated February 04, 2022 of the Code Enforcement Board. Officially filed and rendered on February 04, 2022 in the records of the City of Miami, Hearing Boards. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards EXHIBIT "B" CITY OF MIAMI 1 FIRE SAFETY PERMIT BUSINESS NAME: Floralia Investments and Associates DBA: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: CERTIFICATE NUMBER: Art Fusion Galleries 2085 NW 2 AV 2023-09-30 212215 2302000171 COMMENTS: Art Gallery - No events RESTRICTIONS: APPROVED USE(S): CU03 -General Commercial ISSUED: Feb 132023 • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. ELJ irAis• 173 .744. ' .. I I FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. I • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. 12. • 21). L k;111.rak www.miamigov.com EXHIBIT "C" DATE �� Zvi (Z- THIS 15 CERTIFICATION OF COMPLIANCE WITH THE CITY OF MIAMI'S "BUSINESS TAX RECEIPT" IT IS IN EFFECT WHEN DATED, NAME OF CITY PERSONNEL STAMPED AND INITIALED, AND UNT LTHE PERMANENT "ONE" IS RECEIVED, 09.6-t (an-6(a, FINANCE DEPARTMENT OFFICIAL Please, note that this Business Tax Receipt (BTR) may expire on September 30th of the year that this INTERIM BTR has been issued. Ensuring renewal by October lst is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (305) 416- 1918. Favor de tomar nota que este Recibo de Impuesto para Negocio INTERINO puede vencerse el 30 de Septiembre del ano emitido. Asegurar Ia renovacion para el 1 ro de Octubre es Ia responsabilidad del negocio. Para mas informacion puede Ilamar al: (305) 416-1570 0 (305) 416-1918, Souple pran not ke Resi Enpo pou Biznis-sa ap exspire 30 Septanm ane ke yo kap ba `w lysans tampore-an. Se responsablite dirijan Biznis sa pou li renouvle-I Pwemie Oktob kap vini. Si-w bezwen plis enfomasyon sou zafe sa , pa bliye role nan (305) 416-1570 ou byen (305) 416-1918. u Pauli POST THIS DOCUMENT IN A CONSPICUOUS PLACE. NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS UNLESS APPROVED BY THE FINANCE DEPARTMENT, CITY OF MIAMI 444 S.W.2 AVE 6' FLOOR, MIAMI, FL 33130, PHONE (306)416-1918. RECEIPT FOR Fioralia Investments and Assoc ISSUED Feb 22, 2023 TOTAL FEE PAID 99:00 IIN' CUSTOMER NUMBER212215 RECEIPT NUMBER 201692 NAME OF BUSINESS Fioralia Investments and Associates LOCATION 2085 NW 2 AV IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: ART GALLERIES Robert Santos-Alborna Code Compliance Director THIS IS NOT A BILL DO NOT PAY This Issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any license or permits that may be required by luw. This document does not constitute a corttlloatlon that the bolder Is qua110ed to engage In the business, profession or occupation specified herein. The document Indicates payment of the business lax receipt only.