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HomeMy WebLinkAboutBack-Up DocumentsFiling # 204900099 E-Filed 08/16/2024 61:49:16 PM IN THE CIRCUIT COURT IN AND FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION Case No. 2024-015132-CA-01 CONIGSA CORPORATION, a Florida profit corporation Plaintiff, v. THE CITY OF MIAMI, a Municipal Corporation of the State of Florida Defendant, SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the Complaint in this lawsuit on Defendant: THE CITY OF MIAMI c/o Francis X. Suarez, Mayor of the City of Miami 1500 Pan American Drive Miami, FL 33133 8/16/2024 DATED on: CLERK OF THE CIRCUIT COURT (SEAL) Juan Fernandez -Barg i AS CLERK OF TII By: As Deputy CIS; 0 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the "Plaintiff/Plaintiffs Attorney" named below. 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 [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. IMPORTANTE Usted ha sido demandado legalmente. Tiene 20 dias, contados a partir del recibo de esta notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una llamada telefonica no lo protegera. Si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes interesadas. Si usted no contesta la demanda a tiempo, pudiese perder el caso y podria ser despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea, puede usted consultar a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal que aparecen en la guia telefonica. Si desea responder a la demanda por su cuenta, al misrno tiempo en que presenta su respuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la persona denominada abajo como "Plaintiff/Plaintiffs Attorney" (Demandante o Abogado del Demandante). Si usted es una persona minusvalida que necesita algtin acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en contacto con [identify applicable court personnel by name, address, and telephone number], por lo menos 7 dias antes de la cita fijada para su comparecencia en los tribunales, o inmediatamente despues de recibir esta notificacion si el tiempo antes de la comparecencia que se ha programado es menos de 7 dias; si usted tiene discapacitacion del oido o de la voz, llame al 711. IMPORTANT Des poursuites judiciares ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de 1'assignation de cette citation pour deposer une reponse ecrite a la plainte ci-jointe aupres de ce tribunal. Un simple coup de telephone est insuffisant pour vous proteger. Vous etes obliges de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom des parties nommees ici, si vous souhaitez que le tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du tribunal, Il y a d'autres obligations juridiques et vous pouvez requerir les services iminediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un service de reference d'avocats ou a un bureau d'assistance juridique (figurant a 1'annuaire de telephones). Si vous choisissez de deposer vous-meme une reponse ecrite, it vous faudra egale-ment, en meme temps que cette formalite, faire parvenir ou expedier une copie de votre reponse ecrite au "Plaintiff/Plaintiffs Attorney" (Plaignant ou a son avocat) nomme ci-dessous. Si vous etes une personne handicapee qui a besoin de mesures d'adaptation pour participer a cette procedure, vous avez droit, sans frais pour vous, a une certaine assistance. Veuillez contacter [identify applicable court personnel by name, address, and telephone number]au moins 7 jours avant votre comparution prevue au tribunal, ou immediatement apres avoir rep cette notification si le alai avant la comparution prevue est inferieur a 7 jours; si vous etes malentendant ou avez un trouble de la parole, appelez le 711. ENPOTAN Pwosedi legal yo te pran kont ou. Ou gen 20 jou konsekitif ki soti nan dat konklizyon sa a pou ou ranpli yon repons alekri pou plent sa a nan tribinal sa a. Yon apel telefon ki senp se pa ase pou pwoteje ou. Ou oblije ranpli repons alekri ou a, ak nimewo a dosye pi wo a ak non pati yo ki te nonmen isit la, si ou vle tribinal la tande ka w la. Si ou pa ranpli repons alekri ou nan rele egzije a, ou riske pedi koz la ak sale ou, lajan ou, ak pwopriyete ou yo ka mete men sou pita, san okenn lot avi nan tribinal la. Gen lot obligasyon legal epi ou ka mande sevis imedya yon avoka. Si ou pa konnen yon avoka, ou ka rele yon sevis referans avoka oswa yon biwo ed legal (ki nan lis nan anye telefon). Si ou chwazi pou ou soumet yon repons alekri tet ou, ou pral bezwen tou voye oswa voye yon kopi repons ekri ou nan fOm sa a an menm tan an tankou fomalite sa a "Avoka Pleyan/ Pwokire a" (Pleyan oswa avoka li) non anba a. Si ou se yon moun ki enfim ki bezwen akomodasyon you w kab patisipe nan pwosedi sa a, ou gen dwa, san ou pa bezwen peye okenn lajan, you w jwenn yon seten ed. Tanpri kontakte [identify applicable court personnel by name], KOdonatris pwogram Lwa Ameriken pou Moun ki Enfim yo nan [identify court personnel's address and telephone number], le sa omwen 7 jou anvan dat ou gen randevou you paret nan Tribinal la, oswa fe sa imedyatman apre ou fin resevwa konvokasyon an si dat ou gen you w paret nan tribinal la mwens pase 7 jou; si ou gen pwoblem you w tande byen oswa you w pale kle, rele 711. Plaintiff's Attorney: AINSWORTH + CLANCY, PLLC Ryan M. Clancy, Esq. Florida Bar No. 117650 1826 Ponce De Leon Blvd Coral Gables, FL 33134 Telephone: (305) 600-3816 Facsimile: (305) 600-3817 Counsel for Plaintiff Filing # 204446537 E-Filed 08/09/2024 06:56:48 PM IN THE CIRCUIT COURT IN AND FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION Case No. L -/I/3d. CONIGSA CORPORATION, a Florida profit corporation Plaintiff, v. THE CITY OF MIAMI, a Municipal Corporation of the State of Florida Defendant. COMPLAINT COMES NOW, Plaintiff, CONIGSA CORPORATION ("Plaintiff"), by and through the undersigned counsel, and files this Complaint against Defendant, THE CITY OF MIAMI (the "City"), and in support thereof state as follows: PARTIES, JURISDICTION & VENUE 1. Plaintiff, CONIGSA CORPORATION, is a Florida profit corporation with its principal place of business in Miami -Dade County, Florida. 2. Defendant, THE CITY OF MIAMI, FLORIDA, is a Municipal Corporation of the State of Florida. 3. This is an action for Declaratory Judgment and supplemental relief pursuant to Section 86.011 of the Florida Statute with respect to property rights valued in excess of Fifty Thousand and 00/100 Dollars ($50,000.00) in Miami -Dade County, Florida. 1 4, Plaintiff is the owner of the commercial property located at 2210 NW 14th Street, Miami, Florida, 33125 (the "Property"), which is within the city limits of the City. The Property bears folio number 01-3134-092-0010 and has the following legal description: Tract A, Mautner's Subdivision, according to the plat thereof as recorded in Plat Book 109, Page 30, Public Records of Miami -Dade County, Florida. 5. Venue is proper in Miami -Dade as the Property is located within Miami -Dade County and the actions as further described herein otherwise took place in Miami -Dade County. GENERAL ALLEGATIONS COMMON TO ALL CLAIMS 6. On July 1, 2001, Plaintiff purchased and acquired title to the Property pursuant to a Warranty Deed. 7. On or about August 9, 2023, Plaintiff entered into a Commercial Contract to sell the Property to a prospective buyer (the "Sale Contract") 8. On or about August 23, 2023, Plaintiff was provided a lien search report for the Property (the "Lien Search Report") as part of the sale process. 9. The open code violation from the City bears case number CB2021010653 (the "Violation") and is Plaintiff's tenants' failure to obtain a valid Certificate of Use and failure to obtain a valid Business Tax Receipt. 10. Prior to receiving the Lien Search Report, Plaintiff was unaware of any violations or liens against the Property and Plaintiff did not receive any notices regarding any violations against the Property. 11, Since becoming aware of the Violation, on numerous occasions and including specifically on September 5, 2023, and September 6, 2023, Plaintiff, though the undersigned law firm, made multiple requests for information regarding the Violation to the City, 2 12. On September 6, 2023, Plaintiff's counsel spoke with a City code compliance employee regarding the Violation and was told that to date, the Violation remained open and that daily fines had been accruing for 765 consecutive days, resulting in a total amount of $363,000.00 in fines. 13. In September 2023, the undersigned firm had submit a public records request from the City directly for the Violation, due to the lack of responses from the City employees regarding the specifics of the Violation and a willful refusal to provide copies of the Violation. 14. Plaintiff's counsel sent additional emails to the City on October 5, 2023, October 27, 2023, and October 30, 2023, in an attempt to get further details about the Violation in an effort to resolve same. 15. On October 27, 2023, Plaintiff finally received the public records request report (the "Public Records Request Report") from the City and was able to review the details of the Violation. 16. The Violation was comprised of the following specific violations: a. Violation #2151 against Plaintiff's tenant Reddy to GO LLC for failure to obtain a Business Tax Receipt for the type of business being conducted. b. Violation #2111 against Plaintiff's tenant Reddy to GO LLC for failure to obtain Certificate of Use for the type of business being conducted. c. Violation #2110 against Plaintiff's tenant Correa Kahil Import and Export L for failure to obtain a Certificate of Use for the type of business being conducted. d. Violation #2278 against Plaintiff's tenant Correa Kahil Import and Export L for failure to have a valid Business Tax Receipt 3 17. The violations against Correa Kahil Import and Export L were complied with on August 24, 2021, while the violations against Reddy to Go LLC were still open. 18. The Public Records Request Report also showed that a Notice of Violation Potential Property Lien for the Violation was issued on May 28, 2021 (the "Notice"). See the Notice attached hereto as Exhibit "A." 19. Since August 23, 2023, Plaintiff and undersigned firm has been working diligently on obtaining compliance for the Violation. 20. On or about November 13, 2023, Reddy To Go LLC submitted its certificate of use application to the City. 21. Due to complications with the application process coupled with unresponsiveness from the City, Reddy To Go LLC did not obtain its certificate of use and subsequently its business tax receipt until June 11, 2024, ahnost a full nine months after the initial application was submitted, which caused the total fine balance to increase by over $135,000.00 during that span. 22. On July 3, 2024, Jason Mignott, City code inspector ("Inspector Mignott'), confirmed that the Violation is in compliance but still open due to the outstanding balance owed from the per diem fines. 23. The lien balance on the Violation show that the violation was open for a total of 1,028 days and has a total fine balance of $514,000.00. See Lien Balance documents attached hereto as Exhibit "B." IMPROPER SERVICE 24. Plaintiff denies ever receiving notice of violation CE2021010653, denies receiving a notice for the Code Enforcement hearing date, and also denies receiving the final Administrative Enforcement Notice. 4 25, The Notice dated May 28, 2021 listed the incorrect address for the Plaintiff, which was a prior mailing address and not the mailing address which appeared on Sunbiz in 2021. See Exhibit "A" and Sunbiz Records attached hereto as Composite Exhibit "C." 26. The Public Records Request Report also included an unsigned affidavit of posting and mailing from Inspector Mignott dated August 24, 2021, which states that on May 28, 2021, Mr, Mignott posted a copy of the Notice on the Property and sent a copy by first class mail. See Affidavit of Posting and Mailing attached hereto as Exhibit "D." 27. However, Chapter 2, Article X Section 2-819(a) of the Code of the City of Miami, requires that all notices shall be furnished by certified mail, return receipt requested, or hand delivered by the sheriff or other law enforcement officer, code inspector, or designated agent acting by and through the code inspector and left with any person residing therein who is 15 years of age or older and informing that person of its contents. If the violator is a corporation, the notice can be delivered to the registered agent. 28. Inspector Mignott's August 21, 2021 affidavit of posting and mailing the May 28, 2021 Notice does not specify where the Notice was mailed to, does not state that it was done via certified mail with return receipt requested, and states that it was posted on the property, which is not a proper form of notice under Chapter 2, Article X Section 2-819(a) of the Code of the City of Miami. 29. On August 21, 2021, a Notice of Violation Summons to Appear in front of the Code Enforcement Board on September 08, 2021 was issued against Plaintiff and again listed Plaintiff's prior mailing address and not the mailing address which appeared on Sunbiz in 2021. See Notice of Violation Summons attached hereto as Exhibit "E" 5 30. Similar to the scenario above, the Public Records Request Report included an unsigned affidavit of posting and mailing from Inspector Mignott dated August 26, 2021, which states that on August 26, 2021, Inspector Mignott posted a copy of a document (not named) on the Property and sent a copy by first class mail. See Affidavit of Posting and Mailing attached hereto as Exhibit "F." 31. Inspector Mignott's, August 26, 2021, affidavit of posting and mailing does not specify which documents were posted and mailed, where the documents were mailed to, does not state that it was done via certified mail with return receipt requested, and states that the documents was posted on the property, which is not a proper form of notice under Chapter 2, Article X Section 2-819(a) of the Code of the City of Miami. 32. On September 8, 2021, the City Code Enforcement Board issued a Final Administrative Enforcement Order (the "Final Order") and found Plaintiff guilty of the Violation due to Plaintiff's failure to appear at the Code Enforcement Board hearing. 33. The Final Order ordered Plaintiff to correct the Violation by September 9, 2021, or thereafter be fined $500.00 a day until the Violation was corrected. See The Final Order attached hereto as Exhibit "G." 34. The Final Order that was issued listed Plaintiff's prior mailing address, not the mailing address which appeared on Sunbiz in 2021. See Exhibit "G." 35. The Public Record Request Report documents do not include any documents which prove that the Final Order was ever mailed to or properly served on Plaintiff. 36. On September 9, 2021, Inspector Mignott issued affidavits of non-compliance, all of which listed Plaintiff's prior mailing address and not the mailing address which appeared on Sunbiz in 2021. 6 37. Since September 9, 2021, the Property has been accruing daily fines of $500.00. 38. For the reasons stated above, Plaintiff challenges whether there was ever proper service, pursuant to Chapter 2, Article X Section 2-819(a) of the Code of the City of Miami, of the notices of violation, the summons to appear to the violation hearing, the Final Order, and the affidavits of non-compliance. 39. Moreover, to the extent the notices and other documents were ever mailed, Plaintiff denies ever actually receiving such documents. 40. Chapter 2, Article X Section 2-819(c) of the Code of the City of Miami, states: evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or posting as provided in paragraphs (2) and (3) of subsection (b) hereof, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the alleged violator actually received such notice. 41. As stated throughout, Plaintiff denies ever receiving the Notice, the summons to appear to the violation hearing, the Final Order or the affidavit of noncompliance. There is no evidence of hand delivery or proper mailing of the Notice and other documents and there is no evidence that the Notice and other documents were served by publication or posting following the requirements of Chapter 2, Article X Section 2-819(b) of the Code of the City of Miami. As such, the City has not sufficiently shown that the notice requirements have been met, without regard to whether or not the Plaintiff actually received such notice. INABILITY TO MITIGATE 42. Despite the improper notices, in an effort to remove the $514,000.00 worth of liens on the Property so that the Property could be sold, Plaintiff inquired into mitigating the lien amount. 7 43, However, Chapter 2, Article X Section 2-817(d)(2) of the Code of the City of Miami was amended making so that fines that are more than 271 days old for non -homestead property cannot be mitigated. See Chapter 2, Article X Section 2-187(D) of the Code of the City of Miami attached hereto as Exhibit "H.": (d) Mitigation of outstanding fine/lien by code enforcement board or special magistrate. (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 Total Fine Mitigation (percent) 1-30 25 31-60 30 61-90 35 91-120 40 121-150 50 151-180 60 181-210 70 211-240 80 241-270 90 271 and up 100 8 44. As such, Plaintiff was unable to request a mitigation hearing on the liens on the Property. 45. Chapter 2, Article X Section 2-817(d)(2) of the Code of the City of Miami, violates Plaintiffs due process of law as it does not allow Plaintiff the opportunity to be heard. Further, without mitigating the liens on the Property, the lien balance constitutes an unjust taking of almost half of the value of the property. As the Five Hundred Fourteen Thousand and 00/100 Dollars (514,000.00) worth of liens on the Property would result in a decrease in the Plaintiff value of the property. With the liens placed on as a result Plaintiff has had a substantial deprivation of use and economic use of the Properties. 46. Plaintiff has retained counsel and is obligated to pay reasonable costs and fees. 47. All conditions precedent have been met through performance, waiver, excuse, or otherwise. COUNT I- DECLARATORY JUDGMENT THAT THE VIOLATIONS, FINES AND LIENS ARE VOID 48. Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 through 47, as if fully set forth herein. 49. Plaintiff has a bona fide, actual, present practical need for declaration. 50. The declaration concerns a present, ascertained state of facts or present controversy over the propriety of the violations, fines, and liens against the Property, and the Plaintiff's right to due process. 51. Plaintiff's rights and privileges to due process before being deprived of the Property are dependent upon the facts or the law applicable to the facts. 52. The parties have, or reasonably may have, an actual, present, adverse and antagonistic interest in the violation, fines, and liens on the Property. 9 53. The adverse and antagonistic interest(s) are all before the court by proper process. 54. The relief sought is not merely advisory, giving of legal advice, or to answer questions propounded for curiosity. WHEREFORE, Plaintiff, CONIGSA CORPORATION, respectfully requests this Court enter judgment in favor of the Plaintiff, and award Declaratory Judgment and declare that the violations, fines, and liens on the Property are invalid and void for failure of due process, and further relief as this Court may deem just and proper. COUNT II- DECLARATORY JUDGMENT CHAPTER 2, ARTICLE X SECTION 2-817(D)(2) OF THE CODE OF THE CITY OF MIAMI IS UNCONSTITUTIONAL AS APPLIED TO THE PROPERTY. 55. Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 through 46 above, as if fully set forth herein. 56. Article I, Section 9, of the Florida Constitution provides in pertinent part, "[n]o person shall be deprived of ... property without due process of law." Art. I, § 9, Fla. Const. 57. The Fifth Amendment of the U.S. Constitution proved in pertinent part, "[n]o persons ... shall be deprived of ... property, without due process of law." U.S. Const. amend. V. 58. Plaintiff has a bona fide, actual, present practical need for declaration. 59. The declaration concerns a present, ascertained state of facts or present controversy over the constitutionality of Chapter 2, Article X Section 2-817(d)(2) of the Code of the City of Miami as applied to Plaintiff. 60. Without the opportunity to mitigate the liens on the property (which were obtained without notice to Plaintiff), the Plaintiff is unable to sell the Property and as such Plaintiff has had a substantial deprivation of economic use of the Property. 10 61, Plaintiff's rights and privileges to due process before being deprived of the Property are dependent upon the facts or the law applicable to the facts. 62. The parties have, or reasonably may have, an actual, present, adverse and antagonistic interest in the violation, fines, and liens against the Property. 63. The adverse and antagonistic interest(s) are all before the court by proper process. WHEREFORE, Plaintiff COGNISA CORPORATION, respectfully requests this Court enter judgement in favor of the Plaintiff, and award Declaratory Judgement and declare that Chapter 2, Article X Section 2-817(d)(2) of the Code of the City of Miami is unconstitutional as applied to Plaintiff and as such Plaintiff can mitigate the liens on their property, and grant such other, and further relief as this Court may deem just and proper. Dated: August 9, 2024 Respectfully Submitted, AINSWORTH + CLANCY, PLLC 1826 Ponce de Leon Blvd. Coral Gables, FL 33134 Telephone: (305) 600-3816 Facsimile: (305) 600-3817 Counsel for Plaintiff By: is Daniel Tamargo Daniel Tamargo, Esq. Florida Bar No. 1031359 Email: daniel@,business-esq.com Email: info@,business-esq.com 11 EXHIBIT "A" The Notice 12 Page 1 of 2 City of Miami May 28, 2021 CR: CE2021010653 CONIGSA CORP CONIGSA CORP 2317 GENEVA DR 2317 GENEVA DR LAKELAND, FL 33805 33805 LAKELAND, FL 33805 33805 2210 NW 14 ST Folio: 0131340920010 NOTICE OF VIOLATION Potential Property Lien Subject Property: 2210 NW 14 ST Folio: 0131340920010 Dear CONIGSA CORP: 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 required for REDDY TO GO. Please contact zoning at miamizoning@miamigov.com for additional details. VIOL REF# 2151-Failure to obtain a business tax receipt for the type of business conducted. City Code Chapter 31 Correction: BTR required for REDDY TO GO VIOL REF# 2110- No Certificate of Use. Miami 21 section 7,1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207 Correction: CU required for Correa Kahil Import Export, LLC VIOL REF# 2278-Failure to have a valid Business Tax Receipt or operating outside of the scope of BTR per chapter 31. City Code Chapter 31 Correction: BTR required for CO:RREA KAHIL IMPORT EXPORT, LLC You are directed to correct said violation(s) by June 07, 2021 and to notify the Inspector that the violation(s) has been corrected. If the violations) 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 $525.00 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 1N 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: Jason Mignott Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Ce11 Phone Number: (786) 696-0221 Office Phone Number: (305) 416-2087 Email: http://lmprod01 /cityviewwe b/PrintAll/b53 fm1r0j 1 zncsvchocj cygm/Page4_0001.html 10/27/2023 Page 2 of 2 NOTICE OF VIOLATION Potential Property Lien Subject Property: 2210 NW 14 ST Folio: 013 1340920010 Dear CONIGSA CORP: 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 required for REDDY TO GO, Please contact zoning at miarnizoning®miamigov.conx for additional details, VIOL REF# 2151-Failure to obtain a business tax receipt for the type of business conducted. City Code Chapter 31 Correction: BTR. required for REDDY TO GO VIOL REF 2110- No Certificate of Use. Miami 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207 Correction: CU required for Correa ICahil Import Export, LLC VIOL REF# 2278-Failure to have a valid Business Tax Receipt or operating outside of the scope of BTR per chapter 31. City Code Chapter 31 Correction: BTR required for CORREA KAIIIL IMPORT EXPORT, LLC You are directed to correct said violation(s) by June 07, 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 $525,00. per d'ay 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: Jason Mignott Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell Phone Number: (786) 696-0221 Office Phone,Number: (305) 416-2087 Email: http://lrprod01. /cityviewweb/PrintAll/b53 im.lr0j 1 zncsvohoej cycl .a/Page4_0001.htnal 10/27/2023 EXHIBIT "B" Lien Balance Documents 13 ral Liens Fertal El V*WaneEl Letters Irigafen 1E] Ads hBfl Heal:0x Ed GnnEtE Current Page Liens and !Fees Status Tracking INUrnber 1:TRiffmtfusm.,,.;,:fon9,4!;,-vfymem.s.-::11:1 Case !Number 1r :910.1..1;r:414:,..:4,i, !UPEND INn CFN lEkEardTYPe Cod e Enforcement V t Start P rEndIP Sep: Et. :23.2.1_11 date f am& FM IDEerrli Pending Lieni? El Lien Type 1:o..:11:!,;:i.=-' ILIen Cleared? El cetifyLIem OK Td Certify? liakWPROA .41 Cettirt;ai LitenPaild? D Penditng Cate 154 !cl !Lien Clear 13ate cei-tinedthte Amount Certified! Cnntments Type Per Diem R ne Amount v !Entered by ..I.Altinett on Sep 1,4 2021 Otdifed L5TCGenpana en Sep n ,2ai Coiantity Balance 5313. 13° 1C2IE1:151-400,9o.:0 ti tall 00 !Lie n CO t 1514 0 (y.) Total Me 1514002W !Enteral ylillbanatt en S040 2CQ1. tydalttgneli on Sep ! 2021. .11..lnpleer„ COMPOSITE EXHIBIT cc c,, Sunbiz Records Detail by Entity Name 7/31/24, 12:59 PM DIVISION OF CORPORATIONS rg r +3c to ;11 r"ir+ttrlddSr�c''b.r;.;,, Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation CONIGSA CORPORATION Filing Information Document Number P01000028694 FEI/EIN Number 65-1137145 Date Filed 03/20/2001 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/14/2019 Principal Address 2210 NW 14 ST MIAMI, FL 33125 Changed: 04/28/2008 Mailing Address CALLE 97 # 23 - 60 CARRERA 7A # 134B - 50 OF 604 BOGOTA, BOGOTA 11011 CO Changed: 02/17/2015 Registered Agent Name & Address IGUA SAENZ, LUIS ALFREDO 3440 NE 192 ST 3P AVENTURA, FL 33180 Name Changed: 10/14/2019 Address Changed: 02/17/2015 https://search.sunbi2.org/Inquiry/CorporationSearch/SearchResul.,.hTerm=CONIGSA%2000RP,%20&IlstNameOrder=CONIGSA%20P010000286940 Page 1 of 3 `Detail by Entity Name 7/31/24, 12:59 PM Officer/Director Detail Name & Address Title P/S IGUA SAENZ, LUIS ALFREDO 3440 NE 192 ST 3P AVENTURA, FL 33180 Annual Reports Report Year 2022 2023 2024 Document Images Filed Date 05/05/2022 04/18/2023 03/11/2024 03/11/2024 -- ANNUAL REPORT 04/18/2023 -- ANNUAL REPORT 05/05/2022 --ANNUAL REPORT 01/29/2021 -- ANNUAL REPORT 01/20/2020 -- ANNUAL REPORT 10/14/2019 -- REINSTATEMENT View image in PDF format View Image In PDF format Vlew Image In PDF format View Image In PDF format .................... View image In PDF format View image In PDF format 01/31/2018 -- ANNUAL REPORT View Image in PDF format 02/13/2017 -- ANNUAL REPORT 04/03/2016 -- ANNUAL REPORT 02/17/2015 -- ANNUAL REPORT 04/24/2014 -- ANNUAL REPORT 03/25/2013 -- ANNUAL REPORT 02/23/2012 -- ANNUAL REPORT'• 04/28/2011 -- ANNUAL REPORT 04/25/2010 -- ANNUAL REPORT 04/26/2009 -- ANNUAL REPORT View Image In PDF format Vlew Image in PDF format View image in PDF format View Image in PDF format View image In PDF format View Image in PDF format View image In PDF format View image in PDF format View Image In PDF format 04/28/2008 -- ANNUAL REPORT: 04/30/2007 -- ANNUAL REPORT 01/11/2006 --.REINSTATEMENT 05/03/2004 -- ANNUAL REPORT 05/01/2003 -- ANNUAL REPORT 05/12/2002 -- ANNUAL REPORT 03/20/2001 -- Domestic Profit View image in PDF format View Image in PDF format View image in PDF format View image in PDF format J View image in PDF format View Image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResu...hTerm=CONIGSA%2000RP.%20&IistNameOrder=CONIGSA%20P010000286940 Page 2 of 3 2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P01000028694 Jan 29, 2021 Entity Name: CONIGSA CORPORATION Secretary of State 8819921801 CC Current Principal Place of Business: 2210 NW 14 ST MIAMI, FL 33125 Current Mailing Address: CALLE 97 # 23 - 60 CARRERA 7A # 134B - 50 OF 604 BOGOTA, BOGOTA 11011 CO FEI Number: 65-1137145 Name and Address of Current Registered Agent: IGUA SAENZ, LUIS ALFREDO 3440 NE 192 ST 3P AVENTURA, FL 33180 US Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: IGUA SAENZ LUIS ALFREDO 01/29/2021 Electronic Signature of Registered Agent Officer/Director Detail : Title P/S Name IGUA SAENZ, LUIS ALFREDO Address 3440 NE 192 ST 3P City -State -Zip: AVENTURA FL 33180 Date I hereby certify that the Information Indicated on thls report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as /f made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute thls report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: IGUA SAENZ , LUIS ALFREDO P/S 01/29/2021 Electronic Signature of Signing Officer/Director Detail Date EXHIBIT "D" Affidavit of Mailing and Posting Page 1 of 1 City of Miami August 24, 2021 THE CITY OF MIAMI vs. CONIGSA CORP CODE ENFORCEMENT CITY OF MIAMI, FLORIDA Ticket No.; Case No.: CE2021010653 Hearing Date; September 08, 2021 2317 GENEVA DR LAKELAND, FL 33805 33805 Violation Address: 2210 NW 14 ST Folio: 0131340920010 Legal: MAUTNERS SUB PB 109-30 TRACT A LOT Tenant: SIZE 27160 SQ FT OR 19835-1607 0701 1 CR: CE2021010653 Affidavit of Posting and Mailing Subject Property: 2210 NW 14 ST Folio: 0131340920010 I, Jason Mignott, being duly sworn, deposes and says; 1. I am a police officer / inspector / agent, employed by or acting on behalf of the City of Miami Code Enforcement Division. 2, On the 28 day of May, 2021,1 posted a copy of the following document at Riverside Center, 444 SW 2nd Avenue, Miami, Florida and on the property located at 2210 NW 14 ST. I also sent a copy of the dooument by first class mail: Notice of Violation. SWORN AND SUBSCRIBED BEFORE ME THIS 24 DAY OF AUGUST, 2021, Signature of Afflant Personally know _X_ or Produced ID, Type and number of T.D. produced Did take an oath or Did not take an oath http://1mpro dOlkityviewweb/PrintAll/b53fm1rOj 1 znesvchocj cycirn/Page12_0001,html 10/27/2023 EXHIBIT "E" Notice of Violation Summons 16 Page 1 of 2 City of Miami August 21, 2021 THE CITY OF MIAMI vs. Owner/Duet o/ Pwopryete: CONIGSA CORP 2317 GENEVA DR LAKELAND, FL 33805 33805 CONIGSA CORP 2317 GENEVA DR LAKELAND, FL 33805 33805 CODE ENFORCEMENT BOARD/ CUMPLIMIENTO DEL CODIGO/ KOMITE DEGZEKISYON CITY OF MIAMI, FLORIDA Case No: CE2021010653 Address: 2210 NW 14 ST Zoning: 23 Folio: 0131340920010 Legal: MAUTNERS SUB PB 109-30 TRACT A LOT SIZE 27160 SQ FT OR 19835-1607 0701 1 NOTICE OF VIOLATION SUMMONS TO APPEAR Subject Property: 2210 NW 14 ST Folio: 0131340920010 You are hereby notified that an inspection of the above property discloses that you aro in violation the following laws, including VIOL REF# 2111-Failure to Obtain a valid certificate of use for the type of business being conducted. Miatni 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207 Correction: Certificate of Use required for REDDY TO GO. Please contact zoning at miamizoning@miainigov.com for additional details, VIOL REF# 2151-Failure to obtain a business tax receipt for the type of business conducted. City Code Chapter 31 Correction: BTR required for REDDY TO GO VIOL REF# 2110- No Certificate of Use. Miami 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207 Correction: CU required for Correa Kahl' Import Export, LLC VIOL REF# 2278-Failure to have a valid Business Tax Receipt or operating outside of the scope of BTR per chapter 31, City Code Chapter 31 Correction: BTR required for CORREA KAHIL IMPORT EXPORT, LLC You were directed to correct said violation(s) by June 07, 2021 and to notify the Inspector that the violation(s) has been corrected. Failure to do so will result in charges being filed against you with the Code Enforcement Board of the City of Miami. If the violation(s) is (are) not corrected with the approval of the inspector within the specified time period, you are hereby commanded to appear before the Code Enforcement Board for a hearing at the following time and place: Date/1~echa/Dat; Time/Hora/L6: Place/Lugar/Kote a: September 08, 2021, 05:00 PM Commission Chambers, City Hall / Despacho del Concejo, Ayuntamiento 3500 Pan American Drive, Miami, Florida If you cannot communicate in English, you are responsible for bringing a translator, 18 years of age or over, to the Code Enforcement Board Hearing. In accordance with the Americans with Disabilities Act of 1990, all persons who require special accommodations in order to participate in this meeting should contact the Office of the City Clerk at (305) 250-5360 at least three business days prior to the proceeding. THIS IS YOUR NOTICE TO APPEAR AT THAT TIME AND .PLACE. FAILURE TO APPEAR WILL RESULT IN THIS MATTER BEING HEARD IN YOUR ABSENCE. IF http://lmprod01 /eityviewweb/PrintAll/b5 3fm1r0j 1 znesvchocjeygzn/Page 17_0001,html 10/27/2023 Page 2 of 2 NOTICE OF VIOLATION SUMMONS TO APPEAR Subject Property: 2210 NW 14 ST Folio: 0131340920010 You are hereby notified that an inspection of the above property discloses that you are in violation the following laws, imluding 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 required fbr REDDY TO GO, Please contact zoning at miamizoning@iniarnigov.com for additional details. VIOL REF# 2151-Failure to obtain a business tax receipt for the type of business conducted, City Code Chapter 31 Correction: BTR required for REDDY TO GO VIOL REF# 2110- No Certificate of Use. Miami 21 section 7.1.2.1(b), Miami 21 Article 4 - table 3, City Code 2-207 Correction: CU required for Coma Kahll Import Export, LLC VIOL REF # 2278-Failure to have a valid Business Tax Receipt or operating outside of the scope of BTR per chapter 31. City Code Chapter 31 Correction: BTR required for CORREA KAHIL IMPORT EXPORT, LLC You were directed to correct said violation(s) by June 07, 2021 and to notify the Inspector that the violation(s) has been corrected. Failure to do so will result in charges being filed against you with the Code Enforcement Board of the City of Miami. If the violation(s) is (are) not corrected with the approval of the inspector within the specified time period, you are hereby commanded to appear before the Code Enforcement Board for a hearing at the following time and place: Date/Fecha/Dat: September 08, 2021, Time/Hora/Le: 05:00 PM Place/Lugar/Kote a: Commission Chambers, City Hall / Despacho del Concejo, Ayuntamiento 3500 Pan American Drive, Miami, Florida If you cannot communicate in English, you are responsible for bringing a translator, 18 years of age or over, to the Codo Enforcement Board Hearing, In accordance with the Americans with Disabilities Act of 1990, all persons who require special accommodations in order to participate in this meeting should contact the Office of the City Clerk at (305) 250-5360 at least three business days prior to the proceeding, THIS IS YOUR NOTICE TO APPEAR AT THAT TIME AND PLACE, FAILURE TO APPEAR WILL RESULT IN THIS MATTER BEING HEARD IN YOUR ABSENCE, IF http ://1mprod01/eityviewweb/PrintAll/b53fnalr0j1znesvcb.ocjoyqm/Page17_0001..html 10/27/2023 EXHIBIT "F" Affidavit of Mailing and Posting Page 1 of 1 City of Miami . August 26, 2021 THE CITY OF MIAMI vs. CONIOSA CORP 2317 GENEVA DR LAKELAND, FL 33805 33805 Tenant: CODE ENFORCEMENT CITY OF MIAMI, FLORIDA Ticket No.; Case No.: CE2021010653 Hearing Date: September 08, 2021 Violation Address: 2210 NW 14 ST Folio: 0131340920010 Legal: MAUTNERS SUB PB 109-30 TRACT A LOT SIZE 27160 SQ FT OR 19835-1607 0701 1 CR: CE2021010653 Affidavit of Posting and Mailing Subject Property: 2210 NW 14 ST Folio: 0131340920010 I, Jason Mignott, being duly sworn, deposes and says: 1. I am a police officer / inspector / agent, employed by or acting on behalf of the City of Miami Code Enforcement Division. 2. On the 26 day of August, 2021, I posted a copy of the following document at Riverside Center, 444 SW 2nd Avenue, Miami, Florida and on the property located at 2210 NW 14 ST. I also sent a copy of the document by first class mail: SWORN AND SUBSCRIBED BEFORE ME THIS 26 DAY OF AUGUST, 2021. Signature of Afflant Personally know _X or Produced I,D. Type and number ofi.D. produced Did take an oath or Did not take an oath http://limprod01/eityviewweb/PrintAll/b53fralrOjlz svehoejcyqm/Page25_0001.html 10/27/2023 EXHIBIT "G" The Final Order Page 1 of 1 City of Miami THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs, CONIGSA CORP 2317 GENEVA DR LAKELAND, FL 33805 33805 Tenant: September 09, 2021 CR: CE2021010653 Case No: CE2021010653 Address: 2210 NW 14 ST Folio: 0131340920010 Legal: MAUTNERS SUB PB 109-30 TRACT A LOT SIZE 27160 SQ FT OR 19835-1607 0701 1 Hearing Date: September 08, 2021 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 You are hereby ordered to correct said violation by September 09, 2021. 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 Cocle Enforcement Board that the violation has been corrected, please call Jason Mignott at Cell Phone Number: (786) 696-0221 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 September 09, 2021 of the Code Enforcement Board. Officially filed and rendered on September 09, 2021 in the records of the City of Miami, Hearing Boards. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards hap: //lmprod01/cityviewweb/PrintAll/b53frn1r0j 1 zncsvchocjcyclm/Page26 0001.htrxtl 10/27/2023 EXHIBIT "H" Chapter 2, Article X Section 2-187(D) of the Code of the City of Miami AGENDA ITEM COVER PAGE File ID: #12809 Ordinance Second Reading Sponsored by: Christine King, Commissioner AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR THE ALLOWANCE OF 501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MITIGATIONS OF CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID; 12809 (Revision: B) Printed On: 11/29/2022 City of Miami Legislation Ordinance Enactment Number: 14123 File Number: 12809 Final Action Date: 11/17/2022 AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR THE ALLOWANCE OF 501(C)(3) AND ELEEMOSYNARY ORGANIZATION TO OBTAIN MITIGATIONS OF CODE LIENS BEFORE THE CODE ENFORCEMENT BOARD; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. "INCOMPLETE (ITEM WAS ADOPTED WITH MODIFICATIONS). PENDING FINAL APPROVAL AS TO FORM AND CORRECTNESS BY CITY ATTORNEY." WHEREAS, Section 2-817(d) of the Code of the City of Miami, Florida, as amended ("City Code"), was amended to streamline mitigations before both the Code Enforcement Board or Special Magistrate (collectively, "CEB") on March 10, 2022 under Ordinance 14057; and WHEREAS, the amended Section does not take into consideration that much like homeowners, 501(c)(3) and eleemosynary organization have faced certain difficulties; and WHEREAS, 501(c)(3) and eleemosynary organizations hold a special status under the law due to their required charitable qualifications or existence being dependent on charity; and WHEREAS, it is the goal of the City to incentivize properties to come into compliance, assure that fines are timely paid, and properties are cleared of any outstanding violations; and WHEREAS, this amendment is in the best interests of the community; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:. Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 2, Article X of the City Code is amended in the follow particulars:1 "CHAPTER 2 ADMINISTRATION ARTILCE X 1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remainine provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Fie ID: 12809 (Revision: B) Printed On: 11/29/2022 CODE COMPLIANCE Sec. 2-817. Administrative costs, fines; liens. (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. (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 Hen shall be paid): Number of Days Fine Outstanding Total Fine Mitigation (percent) 1-30 25 31-60 30 61-90 35 91-120 40 121-150 50 151-180 60 181-210 70 211-240 80 241-270 90 271 and up 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 City of Miami File ID: 12809 (Revision: B) Printed On: 11/29/2022 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 toi a. +aMatters set for hearing at the time of the adoption of this subsection b, for bBankruptcy 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. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 11 /6/2022 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later, City of Miami File ID: 12809 (Revision: B) Printed On: 11/29/2022