Loading...
HomeMy WebLinkAboutBack-Up DocumentsFiling # 197062771 E-Filed 04/26/2024 10:28:37 AM ❑X IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. ❑ IN THE COUNTY COURT ftN AND FOR MIAMI-DADE COUNTY, FLORIDA. DIVISION • CIVIL ❑ DISTRICTS ❑ OTHER SUMMONS 20 DAY CORPORATE SERVICE (a) GENERAL FORMS CASE NUMBER 2024-007460-CA-01 PLAINTIFF(S) 5058NW26ST, LLC VS. DEFENDANT(S) City of Miami 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, Office 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: Roland Sanchez -Medina, Esq. whose address is: 201 Alhambra Circle, Suite 1205 Coral Gables, Florida 33134 SERVICE 0 0 0 z 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 Plaintiff's 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. JUAN FERNANDEZ-BARQUIN CLERK OF THE COURT AND COMPTROLLER MIAMI-DADE COUNTY CIRCUIT AND COUNTY COURTS BY: DATE 4/30/2024 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 1st Avenue, Suite 2400, Miami, FL 33128; Telephone (305) 349-7175; TDD (305) 349-7174, Email ADA(aijud11.flcourts.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. 06/23 Clerk's web address: www.miamidadeclerk.ctov Filing # 196912825 E-Filed 04/24/2024 03:43:29 PM FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) I. CASE STYLE IN THE CIRCUIT/COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA 5058NW26ST, LLC Plaintiff vs. City of Miami Defendant Case # CA Judge AMOUNT OF CLAIM Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose. 0 $8,000 or less E] $8,001 - $30,000 El $30,001- $50,000 EI $50,001- $75,000 Cl $75,001 - $100,000 Cl over $100,000.00 LH. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines. CIRCUIT CIVIL El Condominium D Contracts and indebtedness 0 Eminent domain 0 Auto negligence D Negligence —other CI Business governance 0 Business torts 0 Environmental/Toxic tort O Third party indemnification O Construction defect El Mass tort D Negligent security 0 Nursing home negligence 0 Premises liability —commercial o Premises liability —residential D Products liability Real Property/Mortgage foreclosure 0 Commercial foreclosure O Homestead residential foreclosure O Non -homestead residential foreclosure El Other real property actions EProfessional malpractice O Malpractice business O Malpractice medical O Malpractice —other professional 0 Other O Antitrust/Trade regulation O Business transactions O Constitutional challenge statute or ordinance O Constitutional challenge —proposed amendment o Corporate trusts O Discrimination —employment or other O Insurance claims a Intellectual property D Libel/Slander O Shareholder derivative action O Securities litigation Ei Trade secrets O Trust litigation COUNTY CIVIL O Small Claims up to $8,000 O Civil El Real property/Mortgage foreclosure 2 O Replevins O Evictions O Residential Evictions O Non-residential Evictions O Other civil (non -monetary) COMPLEX BUSINESS COURT This action is appropriate for assignment to Complex Business Court as delineated and mandated by the Administrative Order. Yes D No IV. REMEDIES SOUGHT (check all that apply): El Monetary; • Nonmonetary declaratory or injunctive relief; O Punitive V. NUMBER OF CAUSES OF ACTION: [ ] (Specify) VL IS THIS CASE A CLASS ACTION LAWSUIT? El yes El no VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? Li no 1:1 yes If "yes," list all related cases by name, case number, and court. VHI. IS JURY TRIAL DEMANDED IN COMPLAINT? DI yes lino DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE? El yes El no I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425. Signature: s/ Roland Sanchez -Medina Jr. Fla. Bar # 935115 Attorney or party (Bar # if attorney) Roland Sanchez -Medina Jr. 04/24/2024 (type or print name) Date - 3 - Filing # 196912825 E-Filed 04/24/2024 03:43:29 PM IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUN l'Y, FLORIDA CASE NO. (°C) c4A ) 5058NW26ST, LLC Plaintiff', v. CITY OF MIAMI, Defendant. COMPLAINT TO QUIET TITLE 5058NW26ST LLC, a Florida limited liability company ("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 limited liability company 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. Venue is proper in Miami -Dade County is proper because the Property at issue is located in Miami -Dade County, Florida (the "County"), pursuant to FLA. STAT. §47.051. 5. This Court has subject matter jurisdiction over this action pursuant to FLA. STAT. §26.012(2)(g). GENERAL ALLEGATIONS 6. On June 21, 2019, Plaintiff purchased the property located at 58 NW 26 Street, Miami, Florida 33127 (the -Property"), which is legally described as: Lots 8 and 9, Block 6, of AMENDED PLAT BOOK OF DONMOOOR VILLA, according to the Plat thereof, recorded in Plat Book 6, at Page 7, of the Public Records of Miami -Dade County. 7. Plaintiff is the owner of the Property by virtue of that certain Special Warranty Deed dated June 21, 2019, and recorded on July 5, 2019, at Book 31509, Pages 2973, in the Public Records in and for Miami -Dade County, attached hereto as Exhibit A. 8 On October 2, 2019, the City issued to Plaintiff a Notice of Violation for two alleged violations of the City Code: 1) 2180 Failure to maintain lot in safe, clean condition; not allowing accumulation or debris, trash or dense growth of grass. City Code Section 22-116, 117, 118 and 2) 1698 Failure to register vacant lot with the City of Miami. City Code SEC 22-115 (Case Number: CE2019018670). 9. The Notice of Violation requested that Plaintiff correct violation by October 15, 2019. A true and correct copy of the Notice of Violation is attached hereto as Exhibit B. 10. On March 16, 2020, the City's Code Enforcement Board issued a Final Administrative Enforcement Order finding that Plaintiff was violated the City Code for: 1) 2180 Failure to maintain lot in safe, clean condition; not allowing accumulation or debris, trash or dense growth ofgrass. City Code Section 22-116, 117, 118 and 2) 1698 Failure to register vacant lot with the City of Miami. City Code SEC 22-115 (Case Number: CE2019018670). 11. The Final Administrative Order established a deadline of March 12, 2020, to achieve col p ia ce and imposing an undefined daily fine thereafter. 12. On March 25, 2020, the Final Administrative Enforcement Order was recorded. A true and correct copy of the recorded Final Administrative Enforcement Order is attached as Exhibit C. 13. In January of 2022, Plaintiff became aware of the running violations for CE2019018670 and immediately retained counsel to attempt to bring the Property to compliance. 14. On January 27, 2022, Inspector Joel Ramirez closed out CE2019018670 and issued an Affidavit of Compliance. An email from Inspector Joel Ramirez confirming that the violations were closed out and that the Affidavit of Compliance was issued is attached hereto as Exhibit D. 15. On January 28, 2022, Plaintiff requested a mitigation hearing on the City's website. The hearing date was scheduled for April 27, 2022, before the Code Enforcement Board. 16. Plaintiff's father fell ill and therefore, Plaintiff could not appear at the hearing on April 27, 2022. 17. Plaintiff attempted to reschedule the hearing but was precluded from doing so given that the violation had ran for more than 271 days. 18. Section 2-817(d)(2) of the City'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 the City's Code. 19. Plaintiff communicated with Defendant in an attempt to mitigate the fines and remove the lien on the Property to no avail. 20. The City's position is that Plaintiff is not exempt under Section 2-81 City's Code. 21. A lien in the amount of $171,500.00 exists on the Property. 22 Plaintiff has met all the conditions precedents before the filing of this cause of 7(d)(4) of the action. COUNT I — OUIET TITLE (the Property) 23. Plaintiff incorporates and realleges the allegations in paragraphs 1 through 22 are incorporated as if set forth fully herein. 24. This is an action to quiet title pursuant to FLA. STAT. §65.021 and 65.061. 25. The Final Administrative Order imposed a lien on the Property. 26. Defendant may claim an adverse interest in the Property by virtue of the aforementioned lien. 27. 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 Plaintiff's right, title, and interest in the Property. 28. Pursuant to FLA.STAT. §65.031, Plaintiff is authorized to bring an action to quiet title to the Property and to clear any cloud on its title. 29. Plaintiff has a compelling interest in removing the cloud of title imposed by the Final Administrative 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 liens on title to the Property, and quieting title in the Plaintiff, declare that Plaintiff has marketable fee simple title to the Property free of all liens from Defendant, and grant such other and further relief as the Court deems just and proper. Dated: April 24, 2024 Respectfully submitted, Sanchez -Medina, Gonzalez, Quesada, Lage, Gomez & Machado LLP Counsel for Plaintiff 201 Alhambra Circle, Suite 1205 Coral Gables, Florida 33134 TeL (305) 377-1000 Fax (855) 327-0391 jfernandez@smgqlaw.com rolandRsingqlaw.com acirnoRsingqlaw.com By: /s/ Roland Sanchez -Median, Elq. Florida Bar No. 935115 Javier E. Fernandez, Esq. Florida Bar No. 76883 Alexandra F. Cimo, Esq, Florida Bar No. 1032738 Exhibit A Prepared Bv: Thomas G. Sherman, Esq. Thomas a Shennan. P.A. 90 Almeria Avenue Coral Gables, Florida 33134 Record 8.: Return To: Michael Montiel, Esq, Saneher.Medina, Gonzalez, Quoit -du. Lage. Gomez & Machado LLP 201 Alhambra Circle, Suite 1205 Coral Gables, Florida 33134-5107 Property Appraisers Parcel Identification (Folio) Number: 01-3125-029-1200 CFN: 20190413100 BOOK 31509 PAGE 2973 DATE:07/05/2019 08:19:19 AM DEED DOC 19,200.00 SURTAX 14,400.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY SPACE ABOIT' THIS uvr POR RECORDING D4T.-1 WARRANTY DEED Madc this day of June, 2019 A.D. by WYNWOOD DREAM 1,M a Florida limited HOUK) company, whose. addrcss is 435 21" Street. CC 4, Miami Reach. Florida 33139 (hereinafter called the "(irantor"), to: 5058NW26ST. LLC, a Florida limited liability company, whose post office address is: (hereinafter called the "Grantee"); lirlimover used )7ereth the term "grantor" and lyantee" Maude all the parries to this instrument inatthe heirs, legal repreyentatires and eLic•igItY gl individuals. and the .successors cind assigns of emporananq NTSSETH, that the Grantor. for and in consideration oldie sum of Ten Dollars (S10.00) and other good and valuable consideration to Grantor in hand paid hy Grantee, the receipt whereof is hereby acknowledged, hereby ants, bareains, sells:, aliens, remises, releases, conveys, and confirms unto thc said Grantee and Grantee's heirs, successors and aSSi2.11S forever, all of that certain land, situate, lying and being in the County of Miami - Dade, State of Florida to wit: Lots 8 and 9, Block 6, of AMENDED PLAT OF DONMOORE according to the Plat thereof. recorded in Plat Bonk 6, at Page 7. of the Public Records of Miami -Dade County, Florida. This conveyance is made subject to the tbllowing: Easements, rights of way, ihnhations, reservations, covenants and restrictions of records, if any, which are not hereby being re -imposed: and, 2. Zoning or other regulatory laws and ordinances affecting the land, if any. TOGETHER with all the tenements, hereditaments and appttrtenanccs thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor hits good right and lawful authority to sell and convey said land: that the grantor hereby fully warrants the title to said land and will defend the same against the lawfill claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, Warrant... deed Page 1 of 2 CFN: 20190413100 BOOK 31509 PAGE 2974 IN WITNESS WTIF.REOF, the stilt( grantor has signed and sealed these presents the day and year first above written. Signed. sealed and delivered in our presence: rr / Witness/Nanie: A L. c STATE OF FLORIDA COUNTY OF MIAMI-DADE WYNWOOD DREAM LLC. a Florida limited liability company BY: RED USA LLC,a Florida limited liabilitycompany, its Manager By; eo ldatini. Authorized Representative BEFORF. M. a Notary Public duly authorized to administer oaths and take acknowledgments in the County and State set forth above, personally. appeared MATTE() SOLDATINL a Authorized Representative of RED USA LLC, a Florida limited liability company, as the Manager of WYNWOO.D DREAM LLC, a Florida limited liability company. on behalf of the company, wbo has produced V..estc)t,t1 as identification, and he acknowledged before me that he executed the same. IN WITNESS WHEREOF,. I has, hereunto set my hand and affixed my official seat, in the County and State. aforosaid, this 24 day of June 2019. (SF.AL) - Warranty Deed - NOTARY P C, STDSTh1WOF FLORIDA Prim Name: OtAy.d.\—kickkAJ4 •-• Commission r License Number: GEt My Commission , License Expires: at.- Papz 2 012 Exhibit B Page 1 of 2 City of Miami October 02,2019 5058NW26ST LLC 58 NW 26 ST MIAMI, FL 33127 33127 58 NW 26 ST CR: CE20 9018670 5058NW26ST LLC 58 NW 26 ST MIAMI, FL 33127 33127 Folio: 0131250291200 NOTICE OF VIOLATION Potential Property Lien Subject Property: 58 NW 26 ST Dear 5058NW26ST LLC: Folio: 0131250291200 You are notified that an inspection of the above property discloses that you are in violation of the following laws, including; VIOL REF/ t 2180-Failure to maintain lot in a safe, clean condition: not allowing accumulation of debris, trash or dense growth of grass, City Code Section 22-116,117,118 Correction: LOT NEEDS TO BE MAINTAINED REGULARLY, ALONG WITH THE SWALE AREA (GRASS NEEDS TO BE CUT). VIOL REF# 1698-Failure to register vacant lot with the City ofMiarni. City Code SEC 22-115 Correction: ALL VACANT LOTS MUST BE REGISTERED WITH THE CITY OF MIAMI YEARLY. PLEASE CONTACT YOUR LOCAL NET OFFICE FOR ASSISTANCE. You are directed to correct said violation() b) October 15.2019 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, ) ou 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 $250.00 per day for each day the \ iolation(s) remains uncorrected be) ond Me time period provided. UNPAID FINES WILL BECOME LIENS AGAINST THIS PROPERTY AND ALL PROPERTIES YOU OWN, AND WILL BE RECORDED IN 'f HE 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: Joel Ramirez Office Address: 444 SW 2 AV 7th Floor Miami, FL.33130 Office Phone Number: (305)329-41770 Email: JoRarnirez,'Oniamigo)..com If you have any questions, please contact the inspector at the above listed office phone number Monday to Friday. http://1mprod0 1 /cityviewweb/PrintAll/qhrwil ibzxogmj 2i(10045/Page6_0001.html 4/3/2024 Exhibit C CFN: 202200189666 BOOK 31869 PAGE 4807 DATE:03/25/2020 09:25:00 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD March 16, 2020 vs. CR: CE2019018670 Case No: CE2019018670 5058NW26ST LLC 58NW26ST MIAMI, FL 33127 3127 Tenant: Address: 58 NW 26 ST Folio: 0131250291200 Legal: DONMOORE VILLA AMD PL PB 6-7 LOTS 8 &9 BLK 6 LOT SIZE 10400 SQ FT UNITY OF TITLE OR# 29750-2643 FAU 01 3125 092 0001 FKA WYN 26 CONDO Hearing Date: March 11, 2020 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2180 Failure to maintain lot in a safe, clean condition; not allowing accumulation of debris, trash or dense growth of grass. City Code Section 22-116, 117, 118 - 1698 Failure to register vacant lot with the City of Miami. City Code SEC 22-115 You are hereby ordered to correct said violation by March 12, 2020. If you fall 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 dully 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 Mlami-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 March 16, 2020 of the Code Enforcement Board. Officially filed and rendered on March 16, 2020 In the records of the City of Miami, Hearing Boards, Prepared by: Olga Zamora Deputy Clerk of Hearing Boards Exhibit 9 ?i r• RE CedeVielatient 58 NW 26th Stwat - Metre (HEAL) ,P avow, e Message Lisle Acrobat Ea Ardi JMove to. Reply 1) Reply MI -in Forward 1Ail Appe • sEd Categorize - Follow Up ^, P Find jrnnith Ad Road Aloud ,n$1 immersive Bender 0, Zoom RE: Code Violation: 58 NW 26th Street Ramirez Root ‹jorarnirez@rniarnigov,com, to Del Vet Bew Cc sY Alexandra clincv, Wand Sin hon M drnJr Gonws..1h Lair Siena. Dattin, seweihne, vehnerty Altt.1ip9 • ARCajwi VOL MT arra KB tSs1b ssoFhor40:91500.040"«55 475,MT= sod morning Ail, e•tnspeeterl Ma property mentioned Wow yesterda v and have compiled the violations, please see below. - Afktraff Portal 0 Violations letters 1-j Hearings D Lot Clearing Ej loillation El Admiro El imgat To Do Litt 0 Viotatione and Compliance Idirereii.171-i/.-"ii ST Prot'''. [Cada Enforcement NOV Zone IAA Coss Typo lOvertyroovn Lot F000 F13125ozg.i.2.00 Statue [open Ly_l Data Crooltl1110°thre'mar 12r 2020 Tzoek,,,g 1,1,,,t,birri ig-10308015 Catie Number 17i707401.9620 PirifiligagaillISH2101166„„a Status Date Complied Vioration hiipector „thar eitt maim art 27,2a2a 5. doei Dartartir""'-Tit crei ReeWeR Description haw violation I save Lean tf MOM fot iira Wei Vis,e" '00004 at 'oattotirte Feriae to regblor vacant lot wrih the City ot MINI( oalfidaint of compliancent ochre by moil shordy to the owners/responsible party on record, m can contact the City of Miami Dearing Boards section to verity and/or request a mitigation hearing In hopos to reduce the amount Incurred (daily fine that was Dinning, current tote( ea of today below). TYpo Nita= Quantity BdIFIFICO Per Olern Fine IA5 250.00 696 PektgrwithiE •••• 1171,500.00 Lat 41;00- Lien Costs 1171400mo Total One 1171.5gom to Baal), 11) RepV411 1 Forward The 027,2022&52W