HomeMy WebLinkAboutBack-Up Documentsgl IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
El IN THE COUNTY COURT IN AND FOR MIAMI-DADE e.:OUNTY, FLORIDA.
DIVISION
El ma
0 DISTRICTS
O OTHER
SUMMONS 20 DAY CORPORATE SERVICE
(a) GENERAL FORMS
CASE NUMBER
2023-026804-CA-01
PLAINTIFF(S)
2071 NW 6 PLACE REALTY LLC,
VS. DEFENDANT(S)
CITY OF MIAMI
5 ERVICEco,
acA
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on
defendant(s) : CITY OF MIAMI
By Serving: The Mayor Francis X. Suarez
City of Miami Mayor's Office, 3500 Pan American Drive
Miami, Florida 33133
Each defendant is required to serve written defense to the complaint or petition on
Plaintiff's Attorney: Thomas Robertson and Nicholas Rodriguez
whose address is: Bercow Radell Fernandez Larkin & Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 300
Miami, Florida 33131
0
within 20 days " Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of Its agencies,
or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days.
When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 days." after service of this summons
on that defendant , exclusive of the day of service, and to file the original of the defenses with the Clerk of this Clerk 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.
• al FERNANDEZ-BARI) 11
AMI-DADE COUNTY
RfRX.Of THE COURT AND COM ROLLER
DEPUTY CLERK
kootfri"
DATE
NO' 2 2 2023
AMERICANS WITH DISABILITIES ACT OF 1990
ADA NOTICE
"If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Aliean Simpkins, the Eleventh Judicial Circuit Court's ADA
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW i Avenue, Suite 2400,
Miami, FL 33128; Telephone (305) 349-7175; TDD (305) 349-7174, Email
ADAgiud11.11courts.org; or via Fax at (305) 349-7355, at least seven (7) days before your
scheduled court appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than seven (7) days; if you are hearing or voice
impaired, call 711."
CLK/CT, 314 Rev, 02/23
Clerk's web address: www.miamidadeelerk.gov
Filing # 186538911 E-Filed 11/20/2023 04:29:54 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CIVIL DIVISION
2071 NW 6 PLACE REALTY, LLC,
Plaintiff„
v.
CITY OF MIAMI,
Defendant.
CASE NO.
COMPLAINT
COMES NOW, Plaintiff, .2071 NW 6 PLACE REALTY, LLC, by an.d through
undersign.ed counsel, and hereby sues the Defendant, the CITY OF MIAMI (the "City") and states:
JURISDICTION, VENUE, AND PARTIES
This Court has jurisdiction over this matter because Plaintiffs damages exceed
$50,000.00, exclusive of attorney's fees, interests, and costs.
2.) .Plaintiff is a Florida corporation and owns the real property located in Miami -Dade
County, Florida that is at issue in this dispute.
3) Actions to Quiet Title are actions in rem, .Mullin 1'. County of Polk, 76 So. 2d 282
(Fla. 19.54). Condemnation actions, partition actions, ejectment actions, and quiet title actions are
other examples of in rem actions where the res is real property. All such in rem actions:, where the
:res is real property, must be brought in the county in which the land lies because the court must
have direct control (geographical jurisdiction) over the res in order to exercise its jurisdiction and
grant the relief sought. Publix Super Markets v. Cheesbro Roqflng, 502 So. 2d 484, at 487 (Ha.
5th DCA 1987).
4) Under Fla. Stat. § 47.001 (2023), venue lies in Miaird-Dade County, Florida
because the .Plaintifr s causes of action arose in Miami -Dade County, Florida, and the Defendant
is located in Miami -Dade County, Florida.
5) Defendant is a municipal corporation and subdivision under the laws of Florida and
is located in Miami -Dade County, Florida.
BACKGROUND
1.) Plaintiff is the owner of the property located at 2071 NW 6 th Place, Miami, Florida,
33127 (the "Property"), which is legally described as:
NORTH WEST 7TH AVE ADD PB 7-36, LOT 31 B LK 15, LOT SIZE 30.000 X 75, COC 25644-
2373 03 2007 5
Folio 'Number: 01-3 i250352760.
A true and correct copy of Plaintiff s Warranty Deed is attached as Exhibit "A".
2) The Property, at all times relevant to this action, has been and continues to be vacant
land.
3) On May 17, 201.7, Code Enforcement Board (the "Board") for the City imposed a
Final .Administrative Enforcement Order ('Enforcement Order") for: failing to maintain lot in a
saf.e, clean condition; not allowing accumulation. of debris, trash, or dense growth of grass in
violation of Zoning Ordinance .2180 of the City of Miami, Florida. A true and correct copy of the
Enforcement Order is attached as Exhibit "B",
2
4) The Enforcement Order required Plaintiff to pay a daily fine of $250 a day until.
Plaintiff cured the violation. Id. The fine began to accrue and the order constituted a lien against
the property.
5) Plaintiff has brought the property into compliance, but a substantial fine remains
pending.
6) Plaintiff currently has outstanding fines of approximately $147,750.00.
7) To date, the Plaintiff and the Property continue to comply with the Code.
8) As a result of the still pending fine, Plaintiff is unable to close the Code
Enforcement Case,
9) The fine imposed by the Order has been unpaid for over 270 days. According to
Chapter 2, Article X of the Code, these fines are not eligible for mitigation.. A true and correct
copy of Code Section 2-817(d)(2) is attached as Exhibit "C".
10) Prior to .filing this suit, Plaintiff communicated with Defendant in an attempt to
mitigate the fines. But Defendant refused and confirmed.. that mitigation was no 'longer possible
under the Code.
COUNT I
UlEl"FiTLE
11) Plaintiffreincorporates and realleges Paragraphs 1. to 10 as if fully set forth herein.
12) The Orders imposed li.en.s on the Property.
13) Plaintiff has undergone good faith efforts to comply with the Orders but has been
unable to due to Defendant's undue delay.
14) Plaintiff purchased the Property in fee simple pursuant to a Warranty Deed dated
November 13, 2015, as recorded in Official Records Book 29857 at Page 2122 of the Public
Records of Miam.i.Qade County, Florida on May 22, 2018. See Exhibit "A",
3
15) Accordingly, Plaintiff can and has deraigned title to the Property for a period of
over seven (7) years before filing the instant lawsuit. See Fla. Stat. § 65,061 (2023). See Exhibit
“A”.
1(5) As such, Plaintiff is authorized to bring an action to quiet title to the Property and
clear any cloud on its title, See Fla. Stat. § 65.0.31. (2023),
17) Plaintiff has a compelling interest in removing the cloud of title imposed by the
Order and lien because the Property's title is currently unmarketable,
WHEREFORE, Plaintiff, 2071 NW 6 PLACE REALTY, LLC, respectfully requests that
this Court enter judgment in its favor, remove the cloud of title currently hindering the Property,
and award any other relief allowable under Florida law that this Court deems proper.
COUNT 11
DECLARATORY RELIEF
1.8) Plaintiff reincorporates and :realleges Paragraphs 1. to 10 as if fully set forth herein,
:19) This is an action for declaratory relief brought pursuant to Fla, Stat. § 86.0.11.
(2023).
.2.0) .Plaintiff is entitled to have any doubt regarding its rights regarding the Property in
question, including any cloud or encumbrance upon the Property, resolved.
21) Plaintiff has cured the violations and complied with the Orders and the Code and
has attempted to remove the liens but has been unable to close the Code Enforcement Cases due
to the lien imposed as a result of the Board's Orders and subsequent fines.
WHEREFORE, Plaintiff, 2071 NW 6 PLACE REALTY, LLC, respectfully requests this
Court:
a) Declare that the Property is free from any cloud or encumbrance,
4
b) Order any further relief this Court deems appropriate.
Plaintiff further demands judgment in favor of Plaintiff as to all issues raised in this
declaratory action.
Respectfully submitted,
/S/ Thomas H. Robertson
Tom Robertson
Florida Bar No. 301.991
trobertson@brzoninglaw.com
(S/ Nicholas Jay Rodriguez -Caballero
Nicholas Jay Rodriguez -Caballero
Florida Bar No. 1022156
nrodriguez(`cr?brzoninglaw.com
Counsei.for Plaintifft
BERCOW RADELL FIIRNANDEZ LA
TAPANES, PLI.,C
200 S. Biscayne Blvd., Ste. 300
Tvliami, Florida 33131
(305) 374-5300 (phone)
(305) 377-6222 (fax)
N&
CERTIFICATE OF aERVICE,
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by electronic
mail through the Florida Court e-file Portal on this 20 day of November, 2023.
S/ Thomas H. Robertson
Thomas H. Robertson
5
EXHIBIT "A'
Z.l.) I QV, 0,7V0V Z.M)01 414 1
DATE:11/17/2015 04:29:46 PM
DEED DOC 450.00
SURTAX 337.50
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
FREFARED BY
Nat= rntnift Adome, Esq. P.A.
Addr : 1000 Brickell Menne
Suite 1005
‘Mituni, 'FL 33131
RrifultN TO:
Name: Union fitia Services, he.
Adams: 90 Almeria Avenue
Coral Gables, FL, 33134
Parcel. 014125.0354760
.pdcgitactmzummg FOR PROCESSMV DAM
ACSAPOVEMISMemmvommoNm
Tith WARRANTY DUD, mede the II_ ay of November, 201S, by ITYS_DEVELOPIVIENT.JN,
FLORIDA. COEFORATION, whose post office addreti 74' treat la II da 3127 hereinafter coned
the (banter, to:2071 NVil OFIF PILACE 'REALTY, L1,,C4 nehlivarelltillitd,,flabnitY,Mnpktiv, wht00, post office
addre k to LAW. 01110t$ yuAN fra1,N1 K PARKER, !SS NtWA1KAFFNUE.,t1ERSEYXITY.ditg2i.
lt.tgrtlrSBY,(17300t,,bereirudter caThd thoGratiterst
WITNESSETII: That the Grantor, for and in consideration oft° sum of $10.00 and ,other 'valuable consideration,
receipt Whereof is hereby acknowledged, does hereby grart4 bargain„ sell, alien, remise, mime, convey end confirm unto the
Grantees all that certain laud gituato in County of frtland.Dade County, State ofFlorida:
Lot 31, Block 111, NW, SEVENTH AVE, ADDITION, according to the Map or plat thereat:1 as
recorded In Fiat Book 7, Page(s) 36, of the Public Records of Mierni,Dade County, Florida.
TOGETHER MTH all the tenements, horeditaments and eppudenance.s thaitto bekinging ,or n anywise
apportairting.
SUBJECT 'TO TAns FOR THE 'YEAR jj AND SUBSEQUENT YEAR STRICTIONS,
RESERVATIONS, COVENANTS AND EASEMENTS OF RECORD, IF ANY,
TO HAVE AND TO BOLD the same livree simple forever.
And :the Grantor hereby covenants with The Grantees that the Orois lawfully seized of said land la fee simple,
that the Grantor has good right and lawthi Amite* ,; 411 and convey said land and that the Grantor hereby fill' warrants
the Mc to said land and wilt defend:the same against the lawful claims of all persons whomsoever. Orentorilitth4 mutants
that said land is free of nil eneumbrances, except as noted herein and except taxes accruing subsequent to
December 31,
CFN: 20150733999 BOOK 29857 PAGE 2122
IN wrtNESS WR
Sired, NW
len 'tko
Printed Natual
PsiniaNatie
.rantor 1ms sigoodandloaded these proonts, The day and y• fltfavvo..writion.
•
• wd tes. pfrosence.
OBVPIOPIVIENT1 INC A :FLORIDA CORPORATION
atiod'A, }Vox ti.) as Dirootor
&WO OP FLORIDA.
COUNTY:OF 11.41Alt4I.DADil:
fotbIng inoblonolt was acdpnOwRid* beroro:Vollds 140.t 00 CAM's A., *teat. na
»*QPMt,ma. 'LOJU4 OO1UO AflON, w14 peon, pity. known.to 00 or viho'has
idandgoation.
$iguaturt,
PrintW Navy,
My eenutissiort expire
CFN: 20150733999 BOOK 29857 PAGE 2123
al,EP4 El) J3Yt
Amari Adam°, Esq. PA
1000 BrickeliKey Dristo
Suite 1005
Miami, FL 33131
RECORD. AND:RETURN TO:
qty4Sctoleno
LinIcaTideServices,
90 ,Alinetht.Avenue
Gantes,FL131,34
.CtUTIF,ICATg prvolpi RATX RESIMITION AND. INCUMBENCY,
The undersigned, Carlos A, flyeert, as Director and Treasurer of HYS DEVELOPMENT,
INC, A FLORIDA CORPORATION and Stanley Sanniento, as Director ruld "Treasurer ottlYS
DEVELOPMENT, INC, A FLORIDA CORPORATION (hereinafter referred to as "tho
Corporation"), does hereby certify as follow:
„. That the following at the -only Directors. of the Corporation!
CatiosA.Hyoort
b. f3.1noley Samie.P.I0
2. That the folloWing is:a true and :comet oopyof a Resolution adopted by the Direetors of
the ,Corporation at a :dttly ,called joint meting of the ll)imetors-and Officers,. ut viihioh aJ
Shatthelders and direotOrs were in attendtmce and were present and voting throughout ..
BE IT .RESOLVED that Carlos A. klyoort, is booby authorized and .directed by the
Corporation, and is hereby authorized to execute any and all documents necessary and .appropriate or
required ip COM00,01 wth thstdo of property footed iat 2071 'NW 64° Mee, „hiliant4 FM&
33127„ liegally described as follows:
Lot 31, Block 15, N.W. SEWN= AVE. AD)ITION, according to the map or plat
thereof; as recorded in Plat "Book 7, Page(s) 36, of the Public Records of Mood -
Dade County, Florida.
FURTHER, )3E IT RESOLVED, that Carlos A Flycert is hereby inthorized to execute any sale
documentation Including but not limited to a Warranty Deed to 2071. NW 6TH PLACE MALY, a
Delaware limited liability Corporation, affidavits, closing agreements, and Waging statements for the saic
of the above -described real 'property and to execute such other documents, as may be necosary to close
such transactions of the property described above, in his capacity as Director of the Corporation.
THE UNDERSIGNED FURTHER CERTIFIES that the above Resolution was thily and regularly
enacted at a meeting of the Directors/Officers called for that purpose and held in accordance with the
statutes of the State of:Florida; that all shareholders of the Corporation have consented to the sale date
Property, that the Directors/Officers of the Corporation, have full power and authority to bind the
Corporation; and, that the Resolution is in ftill force and effect and has not boon altered, 'modified, or
rescinded,
CFN: 20150733999 BOOK 29857 PAGE 2124
IN WITNESS W1iOEJOF, ,tho undersigned has affixed the nan as DeprOffIcers of
tit is. OorpomtiOn„ Oda f Nova:miler, 2015.
H'S DEVELOPMENT
Plorida. eorporatk
Ey:
Carlos /II!:
1ey..S. 010,
./AM OF:FLORIDA,
,COUNTY:OF MIAMI4DADE ).SS:
The -:foregOlOg lastmont W.aoltgoiviedgedibcfora me this
ades. A filyeett, as Director, of :Ka DEVBWPMEN: :;177P.
tomo to tto pr who Itm pm(111(364
Print:Name:
My Commission Expires:
day. of Vomiter 200, by
ion is personally
cation,
CFN: 20150733999 BOOK 29857 PAGE 2125
STATE01 PLORIDA
COUNTY OP MIAMI-DA E ) SS:
Ilte forgoing instalment was stiknowledged borbm
Stanley Sanntonto, as Mentor, ofEYSintilLOPM
known tosunit .wbo tins. plied L f74
WS
ir"#C01,4 "
°4?4,101,114,t,*1.44t"
r4
S.49V 4,, IS 181
tttde6t0
Print Namo:
flits
My Commission Expires:
.ny of November 201$,, by
orport4on wItoisper.sonntly
RIOntifiontion.
4-
EXHIBIT "B'
THE CITY OF MIAMI, FLORIDA
CODE ENFORCEMENT BOARD
vs.
2071 NW 6 PLACE REALTY LLC
C/O LAW OFFICE OF FRAN M PARKER
888 NEWARK AVE
JERSEY CITY, NJ 07306
Tenant:
CFN: 20170279206 BOOK 30537 PAGE 1716
DATE:05/17/2017 12:26:31 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CT
City of Miami
May 05, 2017
CR: CE2016001863
Case No: CE2016001863
Address: 2071 NW 6 PL
Folio: 0131250352760
Legal: NORTH WEST 7TH AVE ADD PB 7-36 LOT 31 BLK 15
LOT SIZE 30.000 X 75 COC 25644-2373 03 2007 5
Hearing Date: May 04, 2017
FINAL ADMINISTRATIVE ENFORCEMENT NOTICE
The Code Enforcement Board has found you guilty of violating the following laws, including Zoning Ordinance of the City of Miami,
Florida (Ordinance 11000, as amended):
- 2180 Failure to maintain lot in a safe, clean condition; not allowing accumulation of debris, trash or den
0
wth of crass.
You are hereby ordered to correct said violation by May 05, 2017. If you fail to comply by said date, you will thereafter be fined the sum
of $250 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.
A certified copy of this Order may be recorded in the Public Records of Dade County and thereafter shall constitute a Ilen against the
above referenced property and any other real or personal property that you own. 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 oall JACQUELINE GIL at (305) 329-4800.
City of Miami Code Enforcement Board
Officially filed and rendered on May 05, 2017 in the records of the City of Miami, Hearing Boards.
Prepared by:
Olga Zamora
Deputy Clerk of Hearing Boards
EXHIBIT "C'
6/28/23, 5:07 PM Miami, FL Code of Ordinances
Sec. 2-817. - Administrative costs, fines; liens.
(a) The board or special magistrate, upon notification by the code Inspector that an 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 complied with by the set time for
compliance, may order the violator(s) to pay a fine as follows:
(1) Residential properties. By the board and/or special magistrate for not more than $250.00 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 for compliance and not more than
$5,000.00 per day per violation for a repeat violator. Non-residential shall also mean any
residential property being used outside the scope of its allowable use pursuant to Ordinance
No. 13114, the zoning ordinance of the city, as amended ("Miami 21 Code").
(3) 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 'Planning and zoning/planning and zoning approval for temporary uses and
occupancies; permit required/murals," then the fine issued by the board shall not exceed
$1,000.00 per day per violation for a first time 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) Mitigation of outstanding fine/lien by code enforcement board or special magistrate.
(1) Mitigation of fine for homestead properties. An enforcement board or special magistrate may
reduce an outstanding fine of a homestead property based on the criteria above once a
violator has complied with the order, after the city has collected its costs as determined by
the city manager or designee, and for good cause shown.
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6/28/23, 5:07 PM
Miarnl, FL Code of Ordinances
(2) Mitigation of fine for non -homestead properties. The board or special magistrate is hereby
authorized to mitigate fines with nor -homestead violators, provided that the total amount of
the daily fine imposed by the enforcement board or special magistrate may only be reduced
to the percentage stated in the schedule below (the percentage on the chart below refers to
percentage of the lien to be paid. One hundred percent as reflected in the chart means no
mitigation is allowed and the total lien shall be paid):
Number of Days Total Fine
Fine Outstanding Mitigation
(percent)
1-30
31-60
-90
91-120
121-150
151.180
181-210
211-240
241-270
271 and up
(3) If the subject fine Is reduced and a violator fails to pay said reduced fine within a period of 20
days from the day the mitigation is made, then the original fine 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.
(4) Exceptions. The above chart and restrictions shall not apply to;
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2/5
6/28/23, 5:07 PM Miami, FL Code of Ordinances
a. Matters set for hearing at the time of the adoption of this subsection;
b. Bankruptcy matters, or matters in which the city has a litigation settlement which may be
heard by the city commission;
c, 501(c)(3) and eleemosynary' organizations and single-family and duplex residential
properties and vacant land, where the immediate, previous use was as single family or
duplex structure shall be allowed to obtain mitigation in the same manner as properties
which have homestead exemption under subsection (d)(1). Eleemosynary is defined as a
private corporation created for charitable and benevolent purposes.
(e) A certified copy of an order imposing a fine shall be recorded In the public records and thereafter
shall constitute a lien against the land on which the violation exists and upon any other real or
personal property owned by the violator and upon petition to the circuit court such order may be
enforced in the same manner as a court judgment by the sheriffs of this state, including levy
against personal property, but shall not be deemed otherwise to be a judgment of a court except
for enforcement purposes. Any fine imposed pursuant to this part shall continue to accrue until
the violator comes into compliance or until judgment is rendered in a suit to foreclose on a Ilen
filed pursuant to this section, whichever occurs first. After three months from filing of any such
lien which remains unpaid, the city attorney shall be automatically authorized by the board or the
special magistrate to foreclose on the lien and the city shall make a determination within 45 days
whether to proceed with foreclosure action. Once a determination to foreclose has been made,
the city attorney shall promptly institute foreclosure proceedings. No lien created pursuant to F.S.
ch. 162 may be foreclosed on real property which is a homestead under section 4, article X of the
state constitution. The city attorney shall report to the board or special magistrate at each
meeting with respect to any foreclosure actions that have been instituted as well as any decision
not to foreclose with respect to a lien.
(f) No lien provided by the Local Government Code Enforcement Boards Act shall continue for a
longer period than 20 years after the certified copy of an order imposing a fine has been
recorded, unless within that time an action to foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose a lien, the prevailing party is entitled to recover
all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation
of the lien affected by the commencement of the action shall not be good against creditors or
subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens
is recorded.
(g) The board or special magistrate may issue an order requiring payment of such administrative
costs not to exceed $52.50 when said costs are found to have been incurred as a result of
necessary actions taken by the petitioner to bring about code compliance.
(h) (1)
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6/28/23, 5:07 PM Miami, FL Code of Ordinances
Notwithstanding any other provision contained in the Code, the city manager may authorize a subordinate
lien position on loans for the finance or refinance of construction improvements, or release or satisfy any
lien placed on a property by the city or by any of its agencies and instrumentalities if:
(I) The property is used for the development or rehabilitation of affordable homeownership
or rental housing projects by a project sponsor that has been allocated funds by the city
commission or the city housing and commercial loan committee for such project, or
(ii) The property is located in a neighborhood development zone or its equivalent as defined
within the effective community development block grant program approved by the city
and accepted by the United States Department of Housing and Urban Development, as
may be amended, and is used for the development or rehabilitation of affordable
homeownership or rental housing projects in accordance with the city's flve-year
consolidated plan, as amended,
(2) City liens which may be subordinated, released or satisfied include but are not limited to:
demolition liens, lot clearing liens, solid waste liens, code enforcement liens and nuisance
abatement liens.
(3) (i) The lien or liens on the property shall not be released or satisfied, but may be
subordinated, unless all certificates of occupancy required for the project, or their
equivalent, are issued. The lien or liens on the property shall not be subordinated,
released or satisfied if, in the judgment of the city manager, circumstances relating to the
project make the release or satisfaction inappropriate or unwarranted,
(ii) If a certificate of occupancy for an affordable housing project is not Issued within 24
months of the lien or liens being subordinated, the subordination of the lien or liens shall
become null and void unless the city manager approves an extension for the certificate of
occupancy to be issued.
(4) The city shall record any subordination, release or satisfaction in the public records of the
county.
(5) The city shall not release or satisfy any lien on a property owned by the person whose actions
resulted in the lien being placed on the property. The city shall not release or forgive any lien
on a property owned by an Immediate family member or a firm, corporation, partnership or
business entity of a person whose actions resulted in the lien being placed on the property.
For purposes of this section, the term "person" shall mean any individual, business,
corporation partnership, firm, organization or other type of entity or association. For
purposes of this section, the term "immediate family member" shall mean spouse, child,
parent, niece, nephew, aunt, uncle, grandparent, grandchild or anyone having one of these
relationships by law.
(6)
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6/28/23, 5:07 PM Miami, FL Code of Ordinances
Release or subordination of a lien under this section shall not prohibit the city from collecting the
underlying fine/sum due by other legal means. Release of a lien pursuant to this section shall not be
deemed to mean that a violation underlying the lien has been cured.
(Ord. No. 9224, § 7, 12-17-80; Ord. No. 9470, § 1, 7-29-82; Ord. No. 10370, § 1, 1-14-88; Ord. No. 10720, § 1,
3-22-90; Ord. No. 11214, § 2, 2-9-95; Code 1980, § 2-397; Ord, No. 12272, 5 2, 8-22-02; Ord. No. 12360, § 1, 5-
8-03; Ord, No. 12500, § 2, 3-11-04; Ord. No, 12547, § 2, 6-24-04; Ord, No. 12902, § 2, 3-22-07; Ord. No. 12984,
5 2, 4-10-08; Ord. No. 13103, § 2, 10-8-09; Ord. No, 13142, 5 2, 2-11-10; Ord. No. 13225, § 1, 11-18-10; Ord.
No. 13881, § 2, 12-12-19; Ord, No. 13950, § 2, 12-10-20; Ord, No, 13992, § 2, 4-22-21; Ord. No. 14017, § 2, 9-
13-21; Ord. No, 14057, § 2, 3-10-22; Ord. No. 14123, § 2, 11-17-22)
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