HomeMy WebLinkAboutBack-Up DocumentsFiling # 204048799 E-Filed 08/05/2024 02:41:18 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.
MIAMI BLUE INVESTMENTS LLC,
Plaintiff,
v.
CITY OF MIAMI,
Defendant.
COMPLAINT TO QUIET TITLE
Miami Blue 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 June 27, 2024, Plaintiff has owned the property located at 460 NE 28 Street,
CU-1, Miami, Florida 33137 (the "Property"), which is legally described as:
Condominium Parcel Unit CU-1, of Iconbay, a Condominium,
according to the Declaration thereof, recorded in O.R. Book 28346,
Page 3432, as amended in O.R. Book 29670, Page 3870, and as
amended and/or supplemented from time to time, recorded in 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 June 27, 2024 and recorded at Book 34296, Pages 968, in the Public Records
in and for Miami -Dade County, Florida on July 2, 2024.
7. On March 16, 2021, a Notice of Violation ("NOV," attached hereto as Exhibit A)
was issued to the prior owner, Solido Investments LLC ("Solido" or "Prior Owner") for: (1) failure
to obtain a valid certificate of use (including the payment of the corresponding fees), in violation
of Sec. 2-207 of the City Code; (2) failure to obtain a business tax receipt (including the payment
of the corresponding fees), in violation of Sec. 2-207 of the City Code; and (3) failure to obtain a
warrant or sidewalk cafe permit for outdoor seating.
8. At a Code Enforcement Board Hearing held on March 9, 2022, the City's Code
Enforcement Board found that Solido violated the City Code by: (1) failing to obtain and making
the required payment for a valid certificate of use, (2) failing to obtain and making payment for a
valid business tax receipt, and (3) failure to obtain a warrant.
9. The Board issued an Order establishing a deadline of March 10, 2022 to achieve
compliance and imposing a daily fine of $500.00 per day thereafter.
10. On July 7, 2022, the Final Administrative Enforcement Order was recorded. A true
and correct copy of the Order is attached as Exhibit B.
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11. Plaintiff had no connection to or control over the Property, during the time when
the NOV and Order were issued.
12. Upon information and belief, Solido worked tirelessly with its then tenant to correct
the violations but was met with constant resistance. The tenant was uncooperative and continually
disregarded the instruction provided by Solido. Finally, Solido was successful in obtaining
compliance.
13. Acknowledging that all violations had been cured, the City issued an Affidavit of
Compliance to Prior Owner (attached hereto as Exhibit C) on March 8, 2024, confirming
compliance as of that date.
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 does not qualify under any of the exceptions.
Accordingly, mitigation is not available to Plaintiff.
15. A lien, in the amount of $364,500.00 exists on the Property.
16. Before filing this cause of action, Prior Owner 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 as if
set forth fully herein.
20. The Order imposed a lien on the Property.
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21. Defendant may claim an adverse interest in the Property by virtue of the
aforementioned lien.
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 Plaintiff's 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 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: August 5, 2024. Respectfully submitted,
HOLLAND & KNIGHT LLP
701 Brickell Avenue, Suite 3300
Miami, Florida 33131
Telephone: 305.374.8500
Facsimile: 305.789.7799
By:/s/ Anna Marie Gamez
Anna Marie Gamez (FBN 502911)
Email: annie.hernandezgamez@hklaw.com
Miriam Soler Ramos (FBN 581348)
Email: miriam.solerramos@hklaw.com
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EXHIBIT A
Page 1 of 2
City of Miami
March 16, 2021
SOLIDO INVESTMENTS LLC
520 WEST AVE C2
MIAMI BEACH, FL 33139 33139
460 NE 28 ST CU-1
CR: CE2021005143
SOLIDO INVESTMENTS LLC
520 WEST AVE C2
MIAMI BEACH, FL 33139 33139
Folio: 0132300913010
NOTICE OF VIOLATION Potential Property Lien
Subject Property: 460 NE 28 ST CU-1 Folio: 0132300913010
Dear SOLIDO INVESTMENTS LLC:
You are notified that an inspection of the above property discloses that you are in violation of the following laws,
including:
VIOL REF# 21 11-Failure to Obtain a valid certificate of use for the type of business being conducted.
Miami 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207
Correction: CERTIFICATE OF USE REQUIRES AN AMENDMENT TO INCLUDE
ACTIVITIES/FUNCTIONS BEING CONDUCTED.
VIOL REF# 2151-Failure to obtain a business tax receipt for the type of business conducted. City Code
Chapter 3 I
Correction: BUSINESS TAX RECEIPTS NEED TO BE UPDATED IN ORDER TO INCLUDE
ACTIVITIES/FUNCTIONS CONDUCTED.
VIOL REF# 1809-Failure to renewal Fee for Certificate of Use (CU) City Code SEC 2-207
Correction: OPERATING PERMITS HAVE NOT BEEN RENEWED IN 2 YEARS AND
BUSINESS/PROPERTY SUBJECT TO FINES AND/OR ARREST.
VIOL REF# 1808-Delinquent payment for the Business tax receipt (BTR) City Code SEC 31-39, 31-40,31-41
Correction: OPERATING PERMITS HAVE NOT BEEN RENEWED IN 2 YEARS AND
BUSINESS/PROPERTY SUBJECT TO FINES AND/OR ARREST.
VIOL REF# 2181-FAILURE TO OBTAIN (Warrant) Miami 21 Zoning ORD ART 7
Correction: OUTSIDE SEATING/DINING REQUIRES A WARRANT APPROVAL AND/OR
SIDEWALK CAFE PERMIT.
You are directed to correct said violation(s) by March 26, 2021 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 $262.5 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: Joel Ramirez
Office Address! 444 SW 2 AV
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Page 2 of 2
NOTICE OF VIOLATION Potential Property Lien
Subject Property: 460 NE 28 ST CU-1 Folio: 0132300913010
Dear SOLIDO INVESTMENTS LLC:
You are notified that an inspection of the above property discloses that you are in violation of the following laws,
including:
VIOL REF# 2111-Failure to Obtain a valid certificate of use for the type of business being conducted.
Miami 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207
Correction: CERTIFICATE OF USE REQUIRES AN AMENDMENT TO INCLUDE
ACTIVITIES/FUNCTIONS BEING CONDUCTED.
VIOL REF 2151-Failure to obtain a business tax receipt for the type of business conducted. City Code
Chapter 31
Correction: BUSINESS TAX RECEIPTS NEED TO BE UPDATED IN ORDER TO INCLUDE
ACTIVITIES/FUNCTIONS CONDUCTED.
VIOL REF# 1809-Failure to renewal Fee for Certificate of Use (CU) City Code SEC 2-207
Correction: OPERATING PERMITS HAVE NOT BEEN RENEWED IN 2 YEARS AND
BUSINESS/PROPERTY SUBJECT TO FINES AND/OR ARREST.
VIOL REF# 1808-Delinquent payment for the Business tax receipt (BTR) City Code SEC 31-39, 31-40,31-41
Correction: OPERATING PERMITS HAVE NOT BEEN RENEWED IN 2 YEARS AND
BUSINESS/PROPERTY SUBJECT TO FINES AND/OR ARREST.
VIOL REF# 2181-FAILURE TO OBTAIN (Warrant) Miami 21 Zoning ORD ART 7
Correction: OUTSIDE SEATING/DINING REQUIRES A WARRANT APPROVAL AND/OR
SIDEWALK CAFE PERMIT.
You are directed to correct said violation(s) by March 26, 2021 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 $262.5 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: Joel Ramirez
Office Address: 444 SW 2 AV
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Page I of 2
City of Miami
March 16, 2021
SOLIDO INVESTMENTS LLC
520 WEST AVE C2
MIAMI BEACH, FL 33139 33139
460 NE 28 ST CU-1
CR: CE2021005143
SOLIDO INVESTMENTS LLC
520 WEST AVE C2
MIAMI BEACH, FL 33139 33139
Folio: 0132300913010
NOTICE OF VIOLATION Potential Property Lien
Subject Property: 460 NE 28 ST CU-1 Folio: 0132300913010
Dear SOLIDO INVESTMENTS LLC:
You are notified that an inspection of the above property discloses that you are in violation of the following laws,
including:
VIOL REF# 2111-Failure to Obtain a valid certificate of use for the type of business being conducted.
Miami 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207
Correction: CERTIFICATE OF USE REQUIRES AN AMENDMENT TO INCLUDE
ACTIVITIES/FUNCTIONS BEING CONDUCTED.
VIOL REF# 2151-Failure to obtain a business tax receipt for the type of business conducted, City Code
Chapter 31
Correction: BUSINESS TAX RECEIPTS NEED TO BE UPDATED IN ORDER TO INCLUDE
ACTIVITIES/FUNCTIONS CONDUCTED.
VIOL REF# 1809-Failure to renewal Fee for Certificate of Use (CU) City Code SEC 2-207
Correction: OPERATING PERMITS HAVE NOT BEEN RENEWED IN 2 YEARS AND
BUSINESS/PROPERTY SUBJECT TO FINES AND/OR ARREST.
VIOL REF# 1808-Delinquent payment for the Business tax receipt (BTR) City Code SEC 31-39, 31-40,31-41
Correction: OPERATING PERMITS HAVE NOT BEEN RENEWED IN 2 YEARS AND
BUSINESS/PROPERTY SUBJECT TO FINES AND/OR ARREST.
VIOL REF# 2181-FAILURE TO OBTAIN (Warrant) Miami 21 Zoning ORD ART 7
Correction: OUTSIDE SEATING/DINING REQUIRES A WARRANT APPROVAL AND/OR
SIDEWALK CAFE PERMIT,
You are directed to correct said violation(s) by March 26, 2021 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 $262.5 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: Joel Ramirez
Office AddrecR: 444 SW 2 AV
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EXHIBIT B
THE CITY OF MIAMI, FLORIDA
CODE ENFORCEMENT BOARD
vs.
SOLIDO INVESTMENTS LLC
520 WEST AVE C2
MIAMI BEACH, FL 33139 33139
Tenant:
CFN: 20220542928 BOOK 33277 PAGE 2315
DATE:07/07/2022 11:47:26 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
City of Miami
March 10, 2022
CR: CE2021005143
Case No: CE2021005143
Address: 460 NE 28 ST CU-1
Folio: 0132300913010
Legal: ICON BAY CONDO UNIT CU-1 UNDIV
0.273448107315484% INT IN COMMON ELEMENTS OFF REC
28346-3432
Hearing Date: March 09, 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 section 7.1.2.1(b), Miami 21 Article
4 - table 3, City Code 2-207
- 2151 Failure to obtain a business tax receipt for the type of business conducted. City Code Chapter 31
- 1809 Failure to renewal Fee for Certificate of Use (CU) City Code SEC 2-207
- 1808 Delinquent payment for the Business tax receipt (BTR) City Code SEC 31-39, 31-40,31-41
- 2181 FAILURE TO OBTAIN (Warrant) Miami 21 Zoning ORD ART 7
You are hereby ordered to correct said violation by March 10, 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 March 10, 2022 of the Code Enforcement
Board. Officially filed and rendered on March 10, 2022 in the records of the City of Miami, Hearing Boards.
Prepared by:
Olga Zamora
Deputy Clerk of Hearing Boards
EXHIBIT C
Page 1 of 2
City of Miami
March 08, 2024
THE CITY OF MIAMI
vs.
SOLIDO INVESTMENTS LLC
520 WEST AVE C2
MIAMI BEACH, FL 33139 33139
Tenant:
CODE ENFORCEMENT BOARD
CITY OF MIAMI, FLORIDA
Case No: CE2021005143
Address: 460 NE 28 ST CU-1
Hearing Date: March 09, 2022
Folio: 0132300913010
Legal: ICON BAY CONDO UNIT CU-1 UNDIV
0.273448107315484% 1NT IN COMMON
ELEMENTS OFF REC 28346-3432
CR: CE2021005143
Affidavit of Compliance
Subject Property: 460 NE 28 ST CU-1 Folio: 0132300913010
I, Marcelo Lauzurique, Inspector for the City of Miami, being duly sworn, deposed and says:
1. On March 08, 2024, I 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 08, 2024.
3/7/2024 - M. Lauzurique - A new CUBTR was obtained under oracle # 229376 and is paid for. However, CU
specifies no seating and outdoor seating was observed.
3/8/2024 - Seating was removed, all violations complied.
Current status of violations:
1809, 1808, 2111,2151,2181 - Complied
Name of Inspector: Marcelo Lauzurique
Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130
Ce11 Phone Number: (305) 329-4777
Office Phone Number: (305) 329-4777
Email: mlauzurique@miamigov.com
Mar'' ci'La A.r ique
Code Enforcement Inspector
SWORN AND SUBSCRIBED BEFORE ME THIS
DAY OF
4/--M 267W
..a.a-d _.. .s -- i s
MARTHA ELIZABETH MONTIEL
i Notary Public - State of Florida
lick Si blefl ilitI12013
;;a',.' y Comm, wires Sep 14, 2026
Bonded through National Notary Assn.
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