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HomeMy WebLinkAboutBack-Up DocumentsFiling # 197619835 E-Filed 05/03/2024 08:56:50 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA EBONY DOTTERY, Plaintiff, Case No. 2023-015056-CA-01 (11) v. THE CITY OF MIAMI, Defendant(s). AMENDED COMPLAINT FOR QUIET TITLE AND DECLARATORY RELIEF COMES NOW, Plaintiff, EBONY DOTTERY, sues Defendant, CITY OF MIAMI (COM) and files this Amended Complaint pursuant to the Agreed Order dated April 3, 2024 and states follows: JURISDICTION, VENUE AND PARTIES 1. Plaintiff files this action for quiet title, declaratory relief and violation of her due process rights. 2. This Court has jurisdiction over this matter because Plaintiff's damages exceed $50,000.00, exclusive of attorney's fees, interests and costs. 3. Defendant is a municipal corporation, a subdivision under the laws of Florida and is located in Miami -Dade County, Florida. 4. Plaintiff owns the subject property located in Miami -Dade County, Florida to wit: 5101 NW 17 Avenue, Miami, Florida 33127. 5. Actions to Quiet Title are actions in rem. See Mullin v. County of Pot, 76 So.2d 282 (Fla. 1954). All such in rein actions, where the res is real property, must be brought in the county in which the res lies. The court has direct control (geographical jurisdiction) over the res and has the Dottery v. City of Miami Case No. 2023-015056-CA-01 (11) authority to grant the relief sought. Publix Super Markets v. Cheesbro Roofing, 502 So.2d 484, at 487 (Fla 5th DCA 1987). BACKGROUND 6. Plaintiff is the owner of the property located at 5101 NW 17 Avenue, Miami, Florida 33127 which is legally described as: Lot 17, in Block 4, of Fairhaven Gardens, according the plat thereof, as recorded in Plat Book 6, at Page 76 of the Public Records of Miami -Dade County, Florida. 7. A true and correct copy of the Quit Claim Deed granting title to Plaintiff is attached as Exhibit "A." 8. The Property, at all times relevant to this action, has been and continues to be a commercial property. 9. On February 2, 2017, the City of Miami (hereinafter COM) issued a Final Administrative Enforcement Notice ("Notice") finding the Plaintiff guilty of violating City Code SEC 10-3 (FBC 104, 105) ZON ORD SEC 2102 for work performed without a finalized permit. A true and correct copy of the Enforcement Order is attached as Exhibit "B." 10. Per the Notice, COM gave the Plaintiff until February 3, 2017, (1 day) to finalize the permit. COM further ordered that failure to comply would result in fines of $250 per day. 11. Beginning February 3, 2017, the fines began to accrue and the order constituted a lien against the property. 12. Plaintiff was unaware that the permit was not finalized in violation of COM's Codes. Upon learning of the violation, the necessary arrangements were made to correct the violation and the permit was finalized shortly thereafter; December 15, 2022. 13. The work performed was not hazardous, nor did it pose a public safety threat. 14. Plaintiff did not receive the notice of violation. A forwarding address was provided to the 2 Dottery v. City of Miami Case No. 2023-015056-CA-01 (11) postal service. Mail was returned to COM. COM eventually attempted to serve Plaintiff in Georgia. The address where the notice was sent was outdated. COM failed to properly serve Plaintiff the Notice of Violation. Proper service is required pursuant to the Code. Proper service requires due diligence. There is a rebuttable presumption that proper service was attained in this matter. 15. Plaintiff did not receive the notice of hearing regarding the violation. Plaintiff was not afforded the opportunity to defend its property against the violation which resulted in a code enforcement case and liens against the property. Plaintiff has since complied and the permit was finalized. 16. Plaintiff has not been able to close the Code Enforcement Case due to the outstanding fines that were imposed against the property. The open case is causing a cloud on title. 17. COM fined Plaintiff $250 per day from February 3, 2017, to the date of compliance in 2022. The total amount due is approximately $536,250.00 in fines assessed against the property. 18. Plaintiff requests 100% mitigation for lack of service. 19. Plaintiff attempted to resolve this matter prior to initiating the instant action. 20. Plaintiff has performed all conditions precedent to filing the instant action COUNT I QUIET TITLE 21. Plaintiff reincorporates and realleges Paragraphs 1 to 20 as if fully set forth herein. 22. Plaintiff is the title owner of the subject property. 23. COM issued an order placing a lien on the subject property in the approximate amount of $536, 250.00 plus interest. 24. The imposed lien on the Property is a cloud on title. 25. In addition to the lien placed without due process, the amount of the fine is excessive. Plaintiff is an alleged first-time offender and the violation did not neither pose a hazard or public 3 Dottery v. City of Miami Case No. 2023-015056-CA-01 (11) safety threat. Moreover, the time to cure the violation one (1) day was unreasonable. 26. The Code requires the Plaintiff be served with the notice of violation at the last known address. Plaintiff did not timely receive the notice of violation. There is a rebuttable presumption that the Plaintiff was properly served. 27. Plaintiff was not notified of the hearing regarding the violation. Section 2-814(a) of the Code requires COM to properly notify the property owner of the hearing. The hearing notice was not served and even if it were served, the time between service of the notice and the date of the hearing would not allow sufficient time for Plaintiff to plan to attend the hearing per COM' s Motion to Dismiss. See DE 10. This is a violation of Plaintiffs fundamental due process rights; the right to have an opportunity to be heard. WHEREFORE, Plaintiff, EBONY DOTTERY, respectfully requests that this Court enter judgement in its favor, remove the cloud on title, award any other relief allowable under Florida law that this Court deems just and proper. COUNT II DECLARATORY RELIEF 28. Plaintiff reincorporates and realleges Paragraphs 1 to 20 as if fully set forth herein. 29. This is an action for declaratory relief brought pursuant to Fla. Sta. §86.011 (2023). 30. Plaintiff is entitled to have any doubt regarding its rights regarding the Property in question resolved, including any cloud or encumbrance upon the Property. 31. Plaintiff disputes COM is entitled to impose a lien on the subject Property. 32. Whether COM properly notified the Plaintiff pursuant to the Code is in dispute. 33. But for lack of service, the violation and subsequent lien would not exist. The failure to serve raises a question as to the validity of the lien causing a cloud on Plaintiff's title. 4 Dottery v. City of Miami Case No. 2023-015056-CA-01 (11) 34. Plaintiff is in doubt as to her rights to comply with the unreasonable amount requested by COM. 35. This lien creates a bona fide actual and present need for the declaration as to Plaintiff's rights. 36. This declaration which Plaintiff is seeking deals with a real controversy going on right now as to the amount in question and continuing cloud on title which makes the Plaintiff's title unmarketable. 37. Plaintiff has cured the violation and complied with the Order pursuant the Code. Plaintiff unsuccessfully attempted to remove the lien and close the Code Enforcement Case. The lien imposed as a result of the Board's order and subsequent fines prohibits closure. WHEREFORE, Plaintiff, EBONY DOTTERY, respectfully requests this Court: a. Declare the Property free and clear from any cloud or encumbrance brought by the COM; b. Declare the code enforcement case closed; c. Order any further relief this Court deems just and proper; and d. Judgment in favor of Plaintiff as to all issues raised in this declaratory action. COUNT III VIOLATION OF DUE PROCESS 38. Plaintiff reincorporates and realleges Paragraphs 1 to 20 as if fully set forth herein. 39. At all times, COM knew or should have known the correct address of the Plaintiff or perform the necessary due diligence to obtain the address. Nevertheless, the Plaintiff would not have had sufficient time to correct the violation in one (1) day. 40. Even if COM sent the letter to the Plaintiff's correct address, the notice of the hearing did not provide sufficient time for the Plaintiff to attend the hearing. 5 Dottery v. City of Miami Case No. 2023-015056-CA-01 (11) 41. Plaintiff was not given the opportunity to be heard. 42. The Board entered an impartial order finding Plaintiff guilty of the violation and gave her one (1) day to correct the violation and assessed a $250 per day fine. This ruling is wholly unreasonable. 43. The lien imposed against Plaintiff's property puts the property at risk of possible foreclosure and constitutes a cloud of title. Thus, the risk of Plaintiff losing her property is at issue. 44. Furthermore, said lien and encumbrance is a cloud making Plaintiff's property unmarketable. WHEREFORE, Plaintiff respectfully requests this Court enter an order finding Defendant violated Plaintiff's due process rights, order COM to close the code enforcement case and mitigate the fines and liens against the property 100% and for all other relief this Court deems just and proper. /s/Nancy Levros, Esquire Nancy Levros, Esquire FBN: 1032725 /s/James Jean -Francois, Esquire James Jean -Francois, Esquire FBN: 495115 6 Dottery v. City of Miami Case No. 2023-015056-CA-01 (11) CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been served upon all counsel and parties of record, pursuant to Fla. R. of Gen. Prac. and Jud. Admin. 2.516, via Florida's efiling portal, on this 2nd day of May, 2024. s/Nancy Levros Nancy Levros, Esq. Fla. Bar No. 1032725 Attorney For Plaintiff Ebony Dottery Levros & Associates, P.A. 7777 Davie Road Ext, Ste 302A-1 Davie, FL 33024-2505 Tel: (954) 399-7570 Email: nlevros@levroslaw.com nlevrospa@gmail.com admin@levroslaw.com /s/James Jean -Francois James Jean -Francois, Esq. FBN: 495115 Law Offices Of James Jean -Francois, P.A. 6100 Hollywood Blvd., Ste. 211 Hollywood, FL 33024 jamesjeanfrancoisesq@hotmail.com jjonlaw@hotmail.com Phone: 954-987-8832 7 2007-05-0215:04 77 4S 111111111111111111111111111111111111111111111 r Id ea ieh 1. Jof 'e,y 1 . `1` C 8r17-4(y(te ,Url/ 4 Fio" �t L 33���� CFI-4 2007R0790711 OR l.k 25845 Pss 3932 - 3933f (2ns0 RECORDED 08/09/2007 12:09:45 DEED DOC TAX 0.60 SURTAX 0.45 HAf.VEY RUVI N r CLERY. OF COURT MIAMI-DADE COUNTY r FLORIDA Above Space Reserved for Recording !If required by your jurisdiction, list above the name & address of: 1) where to return this form; 2) preparer; 3) party requesting recording,' Quitclaim Deed Date of this Document: August 2, 2007 Reference Number of Any Related Documents: Grantor: Name Street Address City1StatefZip Grantee: Name Street Address City/State/Zip Dianna Johnson 2480 Northwest 87th Terrace Miami, Florida 33147 Ebony Dottery 5155 Stone Croft Trail Abbreviated Legal Description (i.e., rot, block, plat or section, township, range, quarter/quarter or unit, building and condo narne);Lot 1 7 B1Qck 4, of FAIRHAVEN Gardens, According to the plat thereof as recorded in Plat Book 6,at Page 76,of Assessor 5 ropertyu ax r`c earrcel,Acc cunt Number j: Dade County, Florida. 0131230140770 THIS QUITCLAIM DEED, executed this 7trh day of August Za 0 7 . by first parry, Grantor, Dianna Johnson whose mailing address is 2480 Northwest 87th. Terrace Miami . Florida 331 47 , to second party, Grantee, _.bony Dot tQry whose mailing address is 5155 Stone Croft Trl. Atlanta, Georgia 30331 WIITNE5SETH that the said first party, for good consideration and for the Burn of Ten Dollars civitars (3 1 0 _00 ) paid by the said Second parry, the rcccipt whcrcol i, IICI CIJr cal $liwleOyed, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim, 'agi Of 1 EXHIBIT A i 7nrn t14-041 Ma4i. LLC Book25845/Page3932 CFN#20070790711 Page 1 of 2 Z(1! - -02 T3: a> 01 OR l I( 25845 PG 3933 LAST PAGE which the said first party has in and to the following described parcel of land and improvements and appurtenances thereto in the County of _axle , State of F 1 ri r i d towit: Lot 1 7 , inBiock 4 . of Faittlaven Gardens, According to the plat thereof,as recorded_in Plat Book 66rat page 76,of the Public Records of Dade County, Flnrica- IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and yen fist written above. Signed, sealed and delivered in the presence of: Signature of Witness Print Name of Witness Signature of Witness Print Name of Witness Signature of Grantor Print Name of Grantor e Towns _Dia.nri State of Florida County of DA On 00 `7 -00 beta re me, -�[ nn of appeared i 3—ohirl5Or\ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshetthey executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. E55 my hand and official seal, Sig ure of Notary Affiant Known ►! Produced ID Type of lD FL D L — L S ^ (DO - J Oeal) WOPALNINC6911401111 Notar Ublic State of Florida Joanna Flores My Commission E1D619206 kor Expires 01/03/2011 Pig! 2 of is 2Eq'159[fim.44rL4 I. I1.291.1 • AM 'MS Book25845/Page3933 CFN#20070790711 Page 2 of 2 THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. EBONY DOTTERY 5155 STONE CROFT TRAIL ATLANTA, GA 30331 Tenant: CFN: 20170093342 BOOK 30425 PAGE 1551 DATE:02/16/2017 03:06:52 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami February 02, 2017 CR: CE2016017680 Case No: CE2016017680 Address: 5101 NW 17 AV Folio: 0131230140770 Legal: FAIRHAVEN GDNS PB 6-76 LOT 17 LESS W10FT &LESS R/W BLK 4 LOT SIZE 44.000 X 100 OR 15815-0846 0293 4 COC 25845-3932 08 2007 4 Hearing Date: February 02, 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): - 2104 WORK PERFORMED WITHOUT A FINALIZED PERMIT City Code SEC 10-3 (FBC 104, 105)ZON ORD SEC 2102 You are hereby ordered to correct said violation by February 03, 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 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 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 FRANCISCO MARCOS at (305) 329-4820. City of Miami Code Enforcement Board Officially filed and rendered on February 02, 2017 in the records of the City of Miami, Hearing Boards. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards