HomeMy WebLinkAboutBack-Up DocumentsEl IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
▪ IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
DIVISION
® CIVIL
❑ DISTRICTS
❑ OTHER
SUMMONS 20 DAY CORPORATE SERVICE
(a) GENERAL FORMS
CASE NUMBER
2024-011882-CA-01
PLAINTIFF(S)
Jose Landman
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
Plaintiffs Attorney: Paul C. Savage
whose address is: Bercow Radell Fernandez Larkin & Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 300,
Miami, Florida 33131
NI >10O10
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
Christina Regiej1.
BY:
DEPUTY CLERK
DATE
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(ajud11.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,rniaa i..d ,. plc l;k,.gov
Filing # 201420646 E-Filed 06/26/2024 04:25:01 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.
JOSE LANDMAN
Plaintiff,
v.
THE CITY OF MIAMI,
a political subdivision of the State of Florida,
Defendant.
COMPLAINT
COMES NOW, Plaintiff, JOSE LANDMAN ("Landman" or "Plaintiff"), by and through
undersigned counsel, and hereby sues the Defendant, THE CITY OF MIAMI (the "City" or
"Defendant") and states:
JURISDICTION, VENUE, AND PARTIES
1) This Court has jurisdiction over this matter because Plaintiffs damages exceed
$50,000.00, exclusive of attorney's fees, interests, and costs.
2) Plaintiff is an individual who possess an undivided half interest in 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 § 47.001 Fla. Stat. (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 political subdivision of the State of
Florida and is located in Miami -Dade County, Florida.
BACKGROUND AND FACTS COMMON TO ALL COUNTS
6) Plaintiff is the owner of the property located at 4750 NW 7th Street, Miami, Florida,
33126, and assigned Folio Number 01-4106-000-0230 by the Miami -Dade County Property
Appraiser (the "Property").
7) The Property, at all times relevant to this action, has been and continues to be
developed with a community shopping center.
8) On January 13, 2022, the Code Enforcement Board (the "Board") for the City
imposed a Final Administrative Enforcement Order concerning the Property for "[d]ischarging
water containing sediments or other substances to waterways, the storm sewer system, public, or
private property." A true and correct copy of the Enforcement Order is attached as Exhibit "A."
9) The Enforcement Order imposed a fine of $1,000.00 a day until the violation was
cured. Id. The fines began to accrue, and the Order constitutes a lien against the property.
10) Plaintiff was able to cure the above referenced violation and bring the property into
compliance, but fines remain pending. A true and correct copy of the Affidavit of Compliance is
attached as Exhibit "B."
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11) The fines imposed by the Order have been unpaid for over 270 days. According to
Chapter 2, Article X of the Code, these fines are not eligible for mitigation. A true and correct
copy of Code Section 2-817(d)(2) is attached as Exhibit "C."
COUNT I
QUIET TITLE
12) Plaintiff reincorporates and realleges Paragraphs 1 to 11 as if fully set forth herein,
13) The Order imposed liens on the Property.
14) Plaintiff undertook good faith efforts to comply with the Order.
15) Plaintiff can and 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).
16) 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),
17) Plaintiff has a compelling interest in removing the cloud of title imposed by the
Order and liens upon the Property.
WHEREFORE, Plaintiff, JOSE LANDMAN, 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.
(2023).
COUNT II
DECLARATORY RELIEF
18) Plaintiff reincorporates and realleges Paragraphs 1 to 11 as if fully set forth herein,
19) This is an action for declaratory relief brought pursuant to § 86.011 Fla. Stat.
20) Plaintiff is entitled to have any doubt regarding its rights, regarding the Property in
question, including any cloud or encumbrance upon the Property, resolved.
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21) Plaintiff cured the violations which are practically curable and complied with the
Orders and the Code and has attempted to remove the liens but has been unable to close the Code
Enforcement Cases due to the liens imposed as a result of the Orders and subsequent fines.
22) Actions taken by local governments that impair property rights must be
"specifically tailored to abate the objectionable conduct, without unnecessarily infringing on upon
the conduct of a lawful enterprise." Keshbro v. City of Miami, 801 So. 2d 864, 876 (Fla. 2001),
WHEREFORE, Plaintiff, JOSE LANDMAN, respectfully requests that this Court:
a) Declare that the Property is free from any cloud or encumbrance;
b) Declare that the imposition of the full fine amount memorialized by the Order and lien
is not specifically tailored to the objectionable conduct as required by constitutional
property right protections; and
c) Order any further relief this Court deems appropriate.
Plaintiff further demands judgment in favor of Plaintiff as to all issues raised in this
declaratory action.
Respectfully submitted,
/S/ Paul C. Savage
Paul C. Savage
Florida Bar No. 88587
psavage a(�,brzoninglaw,com
Peter Shoemaker
Florida Bar No, 1039683
pdshoexnaker@brzoninglaw.com
Nicholas J. Rodriguez
Florida Bar No. 1022156
nodriguez@brzoninglaw.com
Counsel for Plaintiff
BERCOW RADELL FERNANDEZ LARKIN &
TAPANES, PLLC
200 S. Biscayne Blvd., Ste, 300
Miami, Florida 33131
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(305) 374-5300 (phone)
(305) 377-6222 (fax)
5
Exhibit "A"
Final Administrative Enforcement Order
6
City of Miami
THE CITY OF MIAMI, FLORIDA
CODE ENFORCEMENT BOARD
vs.
SANDRA LANDMAN TRS
LANVI TRUST
301 W HALLANDALE BEACH BLVD
HALLANDALE BEACH, FL 33009 33009
'tenant:
January 13, 2022
CR: CE2021021926
Case No: C12021021926
Address: 4750 NW 7 ST
Folio: 0141060000230
Legal: 6 54 410.60 AC M/L N 154, I8FT OF W220FT'
OF E555.04FT OF N1 1/4 LESS N35FT FOR R/W
LOT SIZE 26180 SO FT OR 16024-3107 0893 4
Hearing Date: January 12, 2022
FINAL ADMINISTRATIVE ENFORCEMENT ORDER
The Code Enforcement Board has found you guilty of violating the following laws:
- 1820 Discharging water containing sediments or other substances to waterways, the storm sewer system,
public, or private property ($1,000.00 per violation per day.) Chapter 22.5 ARTICLE VI. Sections 121-
128 ($1,000.00 per violation per day.)
You arc hereby ordered to correct said violation by January 13, 2022. if you fail to comply by said date, you will
thereafter be fined the sum of $1000 per day. It is your responsibility to advise the Inspector immediately alter
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 MARIA ZEINC at Cell Phone Number: (786) 696-0185 or
Office Phone Number: (305) 416-2087.
City of Miami Code Enforcement Board
'Phis is to certify that the foregoing is a true and correct copy of the document on file dated January 13, 2022 of the
Code Enforcement Board. Officially filed and rendered on January 13, 2022 in the records of the City of Miami,
Hearing Boards,
Prepared bv:
Olga Zamora
Deputy Clerk of Hearing Boards
Exhibit "C"
Code Section 2-$17(d)(2)
10/24/23, 2:43 PM Miami, FL Code of Ordinances
Sec. 2-817. - Administrative costs, fines; liens.
(a) The board or special magistrate, upon notification by the code inspector that an order has been
complied with within the time specified in the order, shall accept such notification as
acknowledgment of compliance and no fines shall be imposed.
(b) The board or special magistrate, upon notification by the code inspector or city attorney that an
order of the board or special magistrate has not been complied with by the set time for
compliance, may order the violator(s) to pay a fine as follows:
(1) Residential properties. By the board and/or special magistrate for not more than $250.00 per
day that continues past the date of the order for compliance by the notice of violation and not
more than $500.00 per day for a repeat violator.
(2) Non-residential/commercial properties. By the board only for not more than $1,000,00 per
day per violation that continues past the date of the order for compliance and not more than
$5,000.00 per day per violation for a repeat violator. Non-residential shall also mean any
residential property being used outside the scope of its allowable use pursuant to Ordinance
No. 13114, the zoning ordinance of the city, as amended ("Miami 21 Code").
(3) If the violation, whether the property is homestead, non -homestead, or commercial and is a
violation of chapter 4 of the City Code, titled "Alcoholic beverages," chapter 17, article I of the
City Code, titled "Environmental protection/tree protection in general," chapter 22 of the City
Code, titled "Garbage and other solid waste," or chapter 62, article XIII, division 5 of the City
Code, titled "Planning and zoning/planning and zoning approval for temporary uses and
occupancies; permit required/murals," then the fine issued by the board shall not exceed
$1,000.00 per day per violation for a first time offender and not more than $5,000,00 per day
per violation for a repeat violator, and up to $15,000.00 per violation if the code enforcement
board or special magistrate finds the violation to be irreparable or irreversible in nature in
accordance with the criteria set forth in subsection (c) below.
(c) In determining the amount of the fine, if any, the board or special magistrate shall consider the
following factors:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator,
(d) Mitigation of outstanding fine/lien by code enforcement board or special magistrate.
(1) Mitigation of fine for homestead properties. An enforcement board or special magistrate may
reduce an outstanding fine of a homestead property based on the criteria above once a
violator has complied with the order, after the city has collected its costs as determined by
the city manager or designee, and for good cause shown.
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10/24/23, 2:43 PM
Miami, FL Cede of Ordinances
(2) Mitigation of fine for non -homestead properties. The board or special magistrate is hereby
authorized to mitigate fines with non -homestead violators, provided that the total amount of
the daily fine imposed by the enforcement board or special magistrate may only be reduced
to the percentage stated in the schedule below (the percentage on the chart below refers to
percentage of the lien to be paid. One hundred percent as reflected in the chart means no
mitigation is allowed and the total lien shall be paid):
Number of Days
Fine Outstanding
—30
31-60
61-90
91-120
121-150
151-180
181-210
211-240
241-270
271 and up
Total Fine
Mitigation
(percent)
25
30
35
40
50
60
70
80
90
100
(3) If the subject fine is reduced and a violator fails to pay said reduced fine within a period of 20
days from the day the mitigation is made, then the original fine shall be reinstated. In addition
to daily fines, violators shall pay cost(s) of prosecution, if any, which have been incurred by
the city with respect to such violation.
(4) Exceptions. The above chart and restrictions shall not apply to;
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10/24/23, 2:43 PM Miami, FL Code of Ordinances
a. Matters set for hearing at the time of the adoption of this subsection;
b. Bankruptcy matters, or matters in which the city has a litigation settlement which may be
heard by the city commission;
c, 501(c)(3) and eleemosynary organizations and single-family and duplex residential
properties and vacant land, where the immediate, previous use was as single family or
duplex structure shall be allowed to obtain mitigation in the same manner as properties
which have homestead exemption under subsection (d)(1). Eleemosynary is defined as a
private corporation created for charitable and benevolent purposes.
(e) A certified copy of an order imposing a fine shall be recorded in the public records and thereafter
shall constitute a lien against the land on which the violation exists and upon any other real or
personal property owned by the violator and upon petition to the circuit court such order may be
enforced in the same manner as a court judgment by the sheriffs of this state, including levy
against personal property, but shall not be deemed otherwise to be a judgment of a court except
for enforcement purposes, Any fine imposed pursuant to this part shall continue to accrue until
the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien
filed pursuant to this section, whichever occurs first. After three months from filing of any such
lien which remains unpaid, the city attorney shall be automatically authorized by the board or the
special magistrate to foreclose on the lien and the city shall make a determination within 45 days
whether to proceed with foreclosure action. Once a determination to foreclose has been made,
the city attorney shall promptly institute foreclosure proceedings. No lien created pursuant to F.S.
ch. 162 may be foreclosed on real property which is a homestead under section 4, article X of the
state constitution, The city attorney shall report to the board or special magistrate at each
meeting with respect to any foreclosure actions that have been instituted as well as any decision
not to foreclose with respect to a lien.
(f) No lien provided by the Local Government Code Enforcement Boards Act shall continue for a
longer period than 20 years after the certified copy of an order imposing a fine has been
recorded, unless within that time an action to foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose a lien, the prevailing party is entitled to recover
all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation
of the lien affected by the commencement of the action shall not be good against creditors or
subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is
recorded.
(g) The board or special magistrate may issue an order requiring payment of such administrative
costs not to exceed $52.50 when said costs are found to have been incurred as a result of
necessary actions taken by the petitioner to bring about code compliance.
(h) (1)
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10/24/23, 2:43 PM Miami, FL Cade of Ordinances
Notwithstanding any other provision contained in the Code, the city manager may authorize a subordinate
lien position on loans for the finance or refinance of construction improvements, or release or satisfy any
lien placed on a property by the city or by any of its agencies and instrumentalities if:
(i) The property is used for the development or rehabilitation of affordable homeownership
or rental housing projects by a project sponsor that has been allocated funds by the city
commission or the city housing and commercial loan committee for such project, or
(ii) The property is located in a neighborhood development zone or its equivalent as defined
within the effective community development block grant program approved by the city
and accepted by the United States Department of Housing and Urban Development, as
may be amended, and is used for the development or rehabilitation of affordable
homeownership or rental housing projects in accordance with the city's five-year
consolidated plan, as amended.
(2) City liens which may be subordinated, released or satisfied include but are not limited to:
demolition liens, lot clearing liens, solid waste liens, code enforcement liens and nuisance
abatement liens,
(3) (i) The lien or liens on the property shall not be released or satisfied, but may be
subordinated, unless all certificates of occupancy required for the project, or their
equivalent, are issued. The lien or liens on the property shall not be subordinated,
released or satisfied if, in the judgment of the city manager, circumstances relating to the
project make the release or satisfaction inappropriate or unwarranted.
(ii) If a certificate of occupancy for an affordable housing project is not issued within 24
months of the lien or liens being subordinated, the subordination of the lien or liens shall
become null and void unless the city manager approves an extension for the certificate of
occupancy to be issued.
(4) The city shall record any subordination, release or satisfaction in the public records of the
county.
(5) The city shall not release or satisfy any lien on a property owned by the person whose actions
resulted in the lien being placed on the property. The city shall not release or forgive any lien
on a property owned by an immediate family member or a firm, corporation, partnership or
business entity of a person whose actions resulted in the lien being placed on the property.
For purposes of this section, the term "person" shall mean any individual, business,
corporation partnership, firm, organization or other type of entity or association. For
purposes of this section, the term "immediate family member" shall mean spouse, child,
parent, niece, nephew, aunt, uncle, grandparent, grandchild or anyone having one of these
relationships by law.
(6)
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10/24/23, 2:43 PM Miami, FL Code of Ordinances
Release or subordination of a lien under this section shall not prohibit the city from collecting the
underlying fine/sum due by other legal means. Release of a lien pursuant to this section shall not be
deemed to mean that a violation underlying the lien has been cured.
(Ord. No, 9224, § 7, 12-17-80; Ord, No. 9470, § 1, 7-29-82; Ord, No. 10370, § 1, 1-14-88; Ord. No. 10720, § 1,
3-22-90; Ord. No. 11214, § 2, 2-9-95; Code 1980, § 2-397; Ord. No. 12272, § 2, 8-22-02; Ord, No. 12360, § 1, 5-
8-03; Ord. No. 12500, § 2, 3-11-04; Ord. No. 12547, § 2, 6-24-04; Ord. No. 12902, § 2, 3-22-07; Ord, No. 12984,
§ 2, 4-10-08; Ord. No. 13103, § 2, 10-8-09; Ord, No. 13142, § 2, 2-11-10; Ord, No. 13225, § 1, 11-18-10; Ord,
No. 13881, § 2, 12-12-19; Ord, No. 13950, § 2, 12-10-20; Ord. No. 13992, § 2, 4-22-21; Ord, No, 14017, § 2, 9-
13-21; Ord. No. 14057, § 2, 3-10-22; Ord. No. 14123, § 2, 11-17-22)
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