HomeMy WebLinkAboutBack-Up Documents® IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
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SUMMONS 20 DAY CORPORATE SERVICE
(a) GENERAL FORMS
CASE NUMBER
2.024-011560-CA-01
PLAINTIFF(S)
SCANDA PROPERTY 2 LLC.
C/O GEREMY KLEIN
VS. DEFENDANT(S)
CITY OF MIAMI
SERVICE
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
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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
Christina Reguert
DEPUTY CLERK
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(kiud11.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.gov
Filing # 201089251 E-Filed 06/21/2024 02:26:59 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.
SCANDA PROPERTY 2, LLC C/O GEREMY KLEIN,
Plaintiff,
v.
CITY OF MIAMI,
Defendant.
COMPLAINT
COMES NOW, Plaintiff, SCANDA PROPERTY 2, LLC, by and through undersigned
counsel, and hereby sues the Defendant, the CITY OF MIAMI (the "City") and states:
JURISDICTION, VENUE, AND PARTIES
1) This Court has jurisdiction over this matter because Plaintiff's damages exceed
$50,000.00, exclusive of attorney's fees, interests, and costs.
2) Plaintiff 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 v. County of Polk, 76 So. 2d 282
(Fla. 1954). 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 Roofing, 502 So. 2d 484, at 487 (Fla.
5th DCA 1987).
4) Under Fla. Stat. § 47.001 (2023), venue lies in Miami -Dade County, Florida
because the Plaintiff'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
6) Plaintiff is the owner of the property located at 137 North Miami Avenue, Miami,
Florida, identified by Folio No.: 01-0110-050-1050 (the "Property").
7) A true and correct copy of Plaintiff's Statutory Warranty Deed is attached as
Exhibit "A".
8) On or about September 4, 2022, the Property was cited by the Code Enforcement
Department for numerous violations under Case Number 0003534 (a.k.a CC2223534), including
graffiti on the property, failure to maintain the exterior of commercial property, failure to register
a vacant structure, failure to display an address, failure to maintain lot in a clean condition, and
failure to comply with citywide illumination standards (the "Violation").
9) On March 3, 2023, the Code Enforcement Board entered a Final Administrative
Order that required Plaintiff to comply with the Code Enforcement violations by July 3, 2023, at
which time a daily running fine of $500 per day would run until compliance was achieved.
10) Plaintiff obtained permits and took steps to bring the Property into compliance.
Portions of the Violation were resolved prior to the compliance date of July 3, 2023. However, the
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electrical work to comply with the citywide illumination standards took longer, preventing Plaintiff
from bringing the Violation into full compliance.
11) On September 19, 2023, the Final Administrative Order from the Code
Enforcement Board was recorded in Official Record Book 33887, Page 2490 of the Public Records
of Miami -Dade County (the "Lien"). A true and correct copy of the Lien is attached hereto as
Exhibit "B."
12) On January 10, 2024, following inspection, correspondence was sent to the Plaintiff
stating that the violation issued by the Code Enforcement Department had been closed and
affidavit of compliance had been entered.
13) Plaintiff currently has outstanding fines of approximately $95,500.00 subject to
final confirmation from the City.
14) Pursuant to Chapter 2, Article X of the Code any code enforcement fines for non-
residential properties can only be mitigated in accordance with the limits provided therein.
15) Prior to filing this suit, Plaintiff communicated with the City in an attempt to
mitigate the fines, the City refused and confirmed that mitigation was no longer possible under the
Code.
COUNT I
QUIET TITLE
16) Plaintiff reincorporates and realleges Paragraphs 1 to 15 as if fully set forth herein.
17) The Order imposed a lien on the Property.
18) Plaintiff purchased the Property in fee simple pursuant to a Statutory Warranty
Deed dated March 29, 2012, as recorded in Official Records Book 28074 at Page 2194 of the
Public Records of Miami -Dade County, Florida on April 16, 2012. See Exhibit "A".
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19) Accordingly, Plaintiff 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).
20) 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. § 65.031 (2023).
21) 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, SCANDA PROPERTY 2, 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 II
DECLARATORY RELIEF
22) Plaintiff reincorporates and realleges Paragraphs 1 to 15 as if fully set forth herein.
23) This is an action for declaratory relief brought pursuant to Fla. Stat. § 86.011
(2023).
24) Plaintiff is entitled to have any doubt regarding its rights regarding the Property in
question resolved, including any cloud or encumbrance upon the Property, resolved.
25) Plaintiff has cured the violation and complied with the Order and the Code and has
attempted to remove the lien but has been unable to close the Code Enforcement Case due to the
lien imposed as a result of the Board's Order and subsequent fines.
WHEREFORE, Plaintiff, SCANDA PROPERTY 2, LLC, respectfully requests this
Court:
a) Declare that the Property is free from any cloud or encumbrance.
b) Order any further relief this Court deems appropriate.
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Plaintiff further demands judgment in favor of Plaintiff as to all issues raised in this
declaratory action.
DATED: June 21, 2024
Respectfully submitted,
/S/ Thomas H. Robertson
Tom Robertson
Florida Bar No. 301991
trobertson@brzoninglaw.com
/S/ Nicholas Jay Rodriguez -Caballero
Nicholas Jay Rodriguez -Caballero
Florida Bar No. 1022156
nrodriguez@brzoninglaw.com
Counsel for Plaintiffs
BERCOW RADELL FERNANDEZ LARKIN &
TAPANES, PLLC
200 S. Biscayne Blvd., Ste. 300
Miami, Florida 33131
(305) 374-5300 (phone)
(305) 377-6222 (fax)
5
EXHIBIT "A"
CFN: 20120267783 BOOK 28074 PAGE 2194
DATE:04/16/2012 02:36:03 PM
DEED DOC 9,150.00
SURTAX 6,862.50
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
Prepared by and Return To:
GARY L. BROWN, ESQUIRE
EISINGER, BROWN, LEWIS, FRANKEL & CHAIET, P.A,
4000 Hollywood Boulevard, Suite 265-S
Hollywood, Florida 3021
Tel: (954) 894-8000
Fax: (954) 894-8015
50001 OH olio- oso- ios-o
Grantee's Tax I.D. No.:
STATUTORY WARRANTY DEED
THIS INDENTURE, made this r2--°1 day of March, 2012, between BROWN ASSET TWO
LLC, a Florida limited liability company, GgRTRUDE WEINER, DA.E BROWN and J14„GREENE,
whose post office mailing address is r 0( s-s-0 Co 3 'f-/ 3,3 3$5.
, Grantors* and SCANS*PRORTY 2 LLC, a Florida limited
lability company, whose post office mailing address ise4o ic4ftteffrcvi4e AtS0 lie Or
-41.31q) 331 , Grantees*.
WITNESSETH, That said Grantors, for and in consideration of the sum of Ten and no/100
($10.00) Dollars and other good and valuable considerations to said Grantors in hand paid by said
Grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said
Grar)tees, and Grantees' heirs and assigns forever, the following described land, situate, lying and
being in Miami -Dade County, Florida, to wit:
The North 1/2 of Lots 9 and 10, Block 105 North, City of Miami, according to the
plat thereof as recorded in Plat Book B, Page 41, of the Public Records of
Miami -Dade County, Florida,
and said Grantors do hereby fully warrant the title to said land, and will defend the same against the
lawful claims of all persons whomsoever.
THIS IS COMMERCIAL PROPERTY AND IS NOT THE HOMESTEAD OR PRINCIPAL
RESIDENCE OF ANY OF THE GRANTOR'S OR GRANTORSFAMILY.
* "Grantors" and "Grantes" are used for singular and plural, as context requires.
SUBJECT TO:
1. Taxes and assessments for the year 2012 and subsequent years which are not yet
due and payable;
CFN: 20120267783 BOOK 28074 PAGE 2195
2. Covenants, conditions, easements, restrictions, limitations, reservations, and other
matters of record, without intending to reimpose same; and
3. Applicable zoning regulations and ordinances.
IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and
year first above written.
Signed, sealed and delivered
in our presen
tness
raceR0
Name (pI > ase print) 9
rigue7
Wltn
Jane Grace
Name (please print)
Itness
.<50,‹ : �� M f� 1 �✓
Nar, le: print)
WiVrt4 j3 6- v'''
Name (please print)
itness
f.0 Si A--r/'(ti
Narne (please print)
BROW .r S T + 'LC, a Florida
limite
By• /
Gary L. Brown, Manager
GERTRUDE WEINER
DALE BROWN
CFN: 20120267783 BOOK 28074 PAGE 2196
-------
Witness ,,-- ILL GRE.
L.,) ka,r1 .-,=---
Name (please print)
• 0... Plk-yk xit.
it. 1 rtness
L-11,--VvI -... • -ii-h.t.k \n, -*—
Name (pIese print)
STATE OF rjillarrhirRiDA CeML\
:ss
COUNTY OF
The fo -goin• instrument was acknowledged before me this day
- 441(4 , 2012, by Gary L. Brown, as Manager, of BROWN ASSET TWO LL
Florida limited liability company, on behalf of the company. He/she is personally known to me
or has produced
as identification' GRICEB°Dc4415
of..?.."0 coossootE
* :01 EsotyinitmE5:064044atIltallArl°' ZU.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
:ss
TARY PUBLIC
State of Florida
of
The foregoing instrument was acknowledged before me this )-4111-' day of
/ Li 4 te../cye-- , 2012, by GERTRUDE WEINER. She is personally known to me () or
has produced , as identification.
NOTARY PUBLIC
State of Florida
My Commission Expires:
GABRIEL SIMKIN
MY COMMISSM 0 EE097433
EXPIRES June 07, 2015
.1407) 3911-01 53 FforldalloWySeveoe.aom
CFN: 20120267783 BOOK 28074 PAGE 2197
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
:Ss
The foregoing instrument was acknowledged before me this ""� day of
2012, by DALE BROWN. He is personally known to me ( , or has produced
, as identification.
1Pµv a
`�' 'r' MY COMMISSION EE 155912
EXPIRES: January 10, 2016
BonnedIlituBuetgeMNY
NOTARY PUBLIC
State of Florida
My Commission Expires:
STATE OF )
COUNTY O�.a .�r )
The foregoing instrument was acknowledged before me thisday of
2012, by JILL GREENE. She Is personally known to
ems, as identification.
My Commission Expires:
as
My Commission Expires 01/10/2013
me ( ) or has produced
NOTARY PUBLIC
State of
EXHIBIT "B"
THE CITY OF MIAMI, FLORIDA
CODE ENFOR aEMENT BOARD
vs.
SCANDA PROPERTY 2 LLC C/O GERi MY KLEIN
455NE24STApr 922
MIAMI FL 33137
Tenant
CFN: 20230661080 BOOK 33887 PAGE 2490
DATE:09/19/2023 09:46:30 AM
JUAN FERNANDEZ-BAROUIN
CLERK OF THE COURT & COMPTROLLER
MIAMI-DADE COUNTY, FL
3/3/2023
Case Number. 000'23534
Ackh ss: 137 N MTAMI AV
Folio: 0101100501050
Legal Description of the Property:
MIAMI NORTH PB B-41 N1/2 OF LOTS 9 & 10 BLK 105 LOT SIZE 100.000
X 75 OR 12811-13121285 4 COC 26015-2952 12 2006 5
FINAL ADMINISTRATIVE ENFORCEMENT NOTICE - EEO
The Code Fnfomeim nt Board has found you guilty of violating the following laws:
2187 - Graffiti on Propety.. City Code SEC 37-2
2171- FAILURE TO MAINTAIN EXTERIOR OF COMMERCIAL OR RESIDENTIAL PROPERTY.. City Code Chapter 10 SEC 10-23
&10-24
1695 - Failure to register avacant structure.. City Code Section 10-64.
1526 - Failure to display adclrass.. C 54-132
2180 - Failure to maintain lot in a safe, clean condition; not allowing accumulation of debris, hash or dense growth of grass., City Code Section
22-116, 117, 118
2340 - Failure to comply with citywide illumination star- d ids (first offense), City of Miami City Code Article 10 Sec. 10-143 (810-146.
You are hereby ordered to correct said violation by Jul 3, 2023. If you fail to comply by said date, you will thereafter be fined the sum of $500,00
per day. It is your lesponsability to advise the Inspector. imaraliarly after the violation has been conecterJ to obtiain an Affidavit of Compliance.
Failure to obtain anAffidavit of Compliance will result in the continuing accrual of the daily fine.
This Order shalkconstitute a lien against the above referenced property and any other real or personal property that you ownonce it is moorded in
the Public Records of Miami -Dade County. LIENS THAT REMAIN UNPAID FORTUREE (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 wit l eld.
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,
City of Miami Code Enforerrent Board.
This is to certify that the foregoing is a true and conict copy of the document on file dated Mar 3, 2023 of the Code Enforcement Board
Officially filed and rendered on Mar 3, 2023 in the records of the City of Miami, Hearing Boards.
Prepared
by:
OlgaZaarnora
,
Chief of Hearing Boards