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Home My WebLink AboutBack-Up DocumentsFiling # 190966443 E-Filed 01/31/2024 03:48:19PM IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 2024-001753-CA-01 J J R G Investments LLC Plaintiff, v. CITY OF MIAMI, Defendant. SUMMONS THE STATE OF FLORIDA To Each Sheriff of the State: YOU ARE COMMANDED to serve this Summons and the attached Complaint to Quiet Title, on Defendant, CITY OF MIAMI, as follows: CITY OF MIAMI City Clerk 3500 Pan American Drive Miami, FL 33133 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the "Plaintiff/Plaintiff's Attorney" named below. Plaintiff's attorney: Anna Marie Gamez, Esq. Miriam Soler Ramos, Esq. HOLLAND & KNIGHT LLP Counsel for Plaintiff 701 Brickell Avenue Suite 3300 Miami, FL 33131 Telephone: (305) 374-8500 Facsimile: (305) 789-7799 E-mail: annie.hernan.dezgamez@hklaw.com miriam.ramossoler@hklaw.com If a Defendant fails to file a written response to the attached Complaint with the clerk of this court within 20 calendar days after this summons is served, a default will be entered against that Defendant for the relief demanded in the Complaint. 2/2/2024 DATED this day of January, 2024. JUAN 1 ERN AN D EZ-BARQU IN CLERK OF THE COURT AND COMPT MIAMDAD COLJN'IY By: As DepuVrttiV AMERICANS WITH DISABILITIES ACT (ADA) If you qualify under the Americans with Disabilities Act (ADA) and need assistance, please visit the Eleventh Judicial Circuit of Florida or you may contact the ADA Coordinator at: E-mail: ADA Coordinator at ADAgjudi'l.flcourts.org Voice Mail #: 305-349-7175 TDD #: 305-349-7174 Fax #: 305-349-7355 If you are hearing or voice impaired, please call 711 or 1-800-955-8771 for the Florida Relay Service. 2 //240506012_v1 Filing # 190873020 E-Filed 01/30/2024 04:34:08PM IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. J J R G Investments LLC Plaintiff, v. CITY OF MIAMI, Defendant. COMPLAINT TO QUIET TITLE JJRG Investments LLC, a Florida corporation ("Plaintiff"), sues City of Miami, a municipal corporation and political subdivision of the State of Florida ("City" or "Defendant"), and alleges as follows: PARTIES, JURISDICTION, AND VENUE 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 and owns real property located in Miami -Dade County, Florida, which property 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. 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). GENERAL ALLEGATIONS 5. Since October 31, 2022, Plaintiff has owned the property located at 127 NW 11 Avenue Street, Miami, Florida 33128 (the "Property"), which is legally, described as: The South 50 Feet of Lots 8 and 9, Block 12, LAWRENCE ESTATE LAND CO' S SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 2, at Page 46, of the Public Records of Miami -Dade County, Florida. 6. Plaintiff is the owner of the Property, and deraigned title by virtue of that certain Warranty Deed dated October 31, 2022 and recorded at Book 33449, Pages 3661-3662, in the Public Records in and for Miami -Dade County, Florida on November 2, 2022. 7. On June 19, 2013, a Notice of Violation ("NOV," attached hereto as Exhibit A) was issued to the previous owner for "illegal units" in violation of Zoning Code Article 25, Section 401, and "failure of owner or tenant or contractor to obtain permit," in violation of City Code Section 10-3 and Zoning Code Section 2102. 8. At a Code Enforcement Board Hearing on November 13, 2013, the Code Enforcement Board of the City found that Plaintiff violated the City Code by having illegal units at the Property and failing to obtain a permit. 9. The Board issued an Order establishing a deadline of November 14, 2013 to achieve compliance and imposing a daily fine of $250.00 per day thereafter. 10. On July 23, 2014, the Final Administrative Enforcement Order was recorded. A true and correct copy of the Order is attached as Exhibit B. 11. The previous owner had taken swift action to comply with the NOV and achieved compliance on March 15, 2015, but failed to obtain an Affidavit of Compliance from the City. 12. Promptly after obtaining control of the Property, Plaintiff proceeded to demolish the Property. 2 13. Acknowledging that all violations had been cured, the City issued an Affidavit of Compliance (attached hereto as Exhibit C) on July 20, 2023, confirming compliance as of March 15, 2015. 14. Section 2-817(d)(2) of Defendant's Code provides that mitigation is not available for properties that exceed 271 days to reach compliance except for the exceptions listed in subsection (d)(4) of Defendant's Code. Plaintiff should qualify for mitigation given that the previous use was a single-family home and currently the Property is vacant. In fact, on December 13, 2023, Plaintiff's representative appeared before the Board seeking mitigation. Yet, despite staff's advice, the Board refused to consider mitigation. 15. A lien, in the amount of $154,250.00 exists on the Property. 16. Before filing this cause of action, Plaintiff communicated with Defendant in an attempt to mitigate the fines to no avail. 17. All conditions precedent have been completed before the filing of this cause of action. COUNT I — QUIET TITLE (the Property) 18. This is an action to quiet title pursuant to FLA. STAT. §§65.021 and 65.061. 19. Plaintiff incorporates and realleges the allegations in paragraphs 1 through 17 are incorporated as if set forth fully herein. 20. The Order unposed a lien on the Property. 21. Defendant may claim an adverse interest in the Property by virtue of the aforementioned lien. 3 22. 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. 23. Plaintiff is authorized to bring an action to quiet title to the Property and to clear any cloud on its title. See Section 65.031, Florida Statutes ("An action in 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.") 24. Plaintiff has a compelling interest in removing the cloud of title imposed by the Order and the lien because the 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 Plaintiff's rights and interests to the Property. Dated: January 30, 2024. Respectfully submitted, HOLLAND & KNIGHT LLP Counsel for Plaintiff 701 Brickell Avenue, Suite 3300 Miami, Florida 33131 Telephone: 305.374.8500 Facsimile: 3 05.789.7799 By:/s/ Anna Marie Gamez Anna Marie Gamez Florida Bar No. 502911 annie.hernand.ezgamez(hklaw.coni Miriam Soler Ramos Florida Bar No. 581348 miiriam,5plerrampst(>hklaw coffin 4 #240334993_v2 EXHIBIT A Page 1 of 2 City of Miami June 19, 2013 DENIS CAMPOS &W JOSEFA 127 NW 11 AVE MIAMI FL 331281108 127 NW 11 AV CR: 032013011194 DENIS CAMPOS &W JOSEFA 1.27 NW 11. AVE MIAMI FL 331281108 Folio: 0141020052270 NOTICE OF VIOLATION Potential Property Lien Subject Property: 127 NW 11 AV Folio: 0141020052270 Dear DENIS CAMPOS &W JOSEFA: You are notified that an inspection of the above property discloses that you are in violation of the following laws, including: VIOL REF# 1513-111egal units. ZON ORD SEC 401& Article 25 Correction: Your property has 2 illegal units in the rear 1 extra bathroom and 2 additional rooms in the main house all done without a permit. VIOL REF# 1504-Failure of owner or tenant or contractor to obtain permit. City Code SEC 10-3 (FBC 104, 105)ZON ORD SEC 2102 Correction: The City of Miami Department of Community Development has made funds available to assist property owners in bringing their properties into compliance with the City's Codes. To find out if you are eligible for assistance to correct the code violation. cited above, please contact 305-416-2080 or visit our webpage at www.miamigov.com/communityd.evelopment VIOL REF# 1563-Maintaining a structure encroaching in required setbacks. ZON ORD Article 4, Sec. 401. You are directed. to correct said violation(s) by July 01, 2013 and to notify the Inspector that the violation(s) has been corrected. If the violation(s) has not been corrected with the approval of the inspector within the specified time period, you will be commanded to appear before the Code Enforcement Board. If you are found guilty and fail to correct said violation(s), the Code Enforcement Board can impose fines of up to $500,00 per day for each day the violation(s) remains uncorrected beyond the time period provided. UNPAID FINES WILL BECOME LIENS .AGAINST THIS PROPERTY AND ALL :PROPERTIES YOU OWN, AND WILL BE RECORDED IN THE PUBLIC RECORDS OF .DADE COUNTY. LIENS WHICH 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. Name of inspector: CHANTA.L JUSTE Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Office Phone Number: (305) 329-4770 If you have any questions, please contact the inspector at the above listed office phone number Monday to Friday, littp://traorod0 1 /eitvviewweb/PrintAll/ 1 nybezi zs 1 n2bkehzvxwodel/Page3 2 000 1 .frtinl 1/10/2024 EXHIBIT B THE CITY DFKH|AM|.FLORIDA CODEENFDRCEKxENT8OARD 127NVV11AVE M IAJN|FL3312D1108 OATE:07/23/2014 04:33:17 PM City of M^a00^ February 05.2014 CR:CE2O13011194 Case No: CE2O13O111g4 Address: 127NVV11AV Fo|io:O141O20O5227O Legal: L4VVRENCEESTATE LAND COS SUB PB240S50FT LOTS g&aBILK 12LOT SIZE 50OUSQUARE FEET OR17705' 058406971 Hearing Date: November 13`2013 FINAL ADMINISTRATIVE ENFORCEMENT NOTICE The Code Enforcement Board has found you guilty of violating the following laws, including Zoning Ordinance nfthe City ofMiami, Florida (Ordinance 11000, as amended): -151GIllegal units. ZDN(JRDSEC 4O1&Article 25 -15O4Failure ofowner ortenant orcontractor tnobtain permit. City Code SEC 1O-3(FBC104,1O5)Z\]NORDSEC 21n8 - 1563 Maintaining a structure encroaching in required setbacks. ZON ORD Article 4, Sec. 401 You are hereby ordered to correct said violation byNovember 14.2013.Kyou fall to comply by said date, you will thereafter bofined the uumof$250per 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, Acertified copy ofthis Order may be recorded in the Public Records of Dade County and thereafter shall constitute a lien 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 ofUse and Occupational License ofany business occupying this property maybe suspended nrwithheld. Operating m business without all required licenses is illegal under state and city |aw, and is punishable bycriminal arrest and/or closing the business. Should you have any questions regarding this Enforcement Order, mifyou wish to advise the Code Enforcement Board that the violation has been corrected, please call CHANTALJUGTEetp05>329-4820. City of Miami Code Enforcement Board Officially filed and rendered on February 05, 2014 in the records of the City of Miami, Hearing Boards. Prepared by: EXHIBIT C Page I. of 2 City of Miami January 20, .2023- THE CITY OF MIAMI vs, DENIS CAMPOS &W JOS EPA 127 NW I I AVE MIAMI FL 331281.108 rcnaiit CODE ENFORCEMENT BOARD CITY OF MAK .FLORIDA CaseNo: CE2013011194 Address: 127 NW 11. AV Hearing Date: November 13, 2013 Folio: 0141020052270 Legal: LAWRENCE ESTATE LAND COS SUB PI3 2- 46 SSOFT LOTS 8 & 9 BLK 12 LOT SIZE 5000 SQUARE FEET OR 17705-0584 0697 1 CR: CE2013011194 Affidavit of Compliance Subject Property: 127 NW II AV Folio.: 0141020052270 I, RICARDO FRANQUI, Inspector for the City of Miami, being duly sworn, deposed and says: 1, On January 20, 2023,1 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 March 15, 2015, &i Cominission # HH 312013 My Comm. Expires Sep 14, 2026 4 " Bonded through National Notary Assn, ) AVOZTHA ELIZABETH MONTIEL Notary public • State of Florida ti Name of Inspeetor RECARDO FRANQUI Offiee Address:444 SW 2 AV 7th .Floor Miami, FL 331.30 Cell Phone Number: (786) 696-0266 Office PhoneNumber: (786) 696-0266 rfranqui@miamigov.com X RICARDO Code En fo Tient Inspector mONTIEL - State of Florida 1,.• slon ft HH 312013 Como), Expires Sep 14, 2026 don ed through National Notary As$n, SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF'e re-46 int Notary Name Personally know or Produced Type and number of I.D. produced Did take an oath or Did not take an oath. Notary Public State of Florida My Commission ,Expires: http://1mproci.01/cityviewweb/PrintAllA1111145e0dkbem3wzta0f55/Page9 _000 1. tnil 1/24/2024