HomeMy WebLinkAboutBack-Up DocumentsFiling # 20292 7973 E-Filed 07/19/2024 02:03:29 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2024-013393-CA-01
225 GROUP, LLC,
Plaintiff,
v.
CITY OF MIAMI, and CITY OF MIAMI
CODE ENFORCEMENT BOARD.
Defendant.
CIVIL ACTION SUMMONS
THE STATE OF FLORIDA:
To Each Sheriff of Said State:
YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the Complaint:
Serve: CITY OF MIAMI CODE ENFORCEMENT BOARD
Serve At: Miami Riverside Center
c/o Francis X. Suarez,
Mayor of the City of Miami
444 SW 2°a Ave
Miami, FL 33130
Or serve such other individual as may be authorized by F.S. Ch. 48.
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 and to file a
written response 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).
LEGAL\71708967\1
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 Plaintiffs Attorney
named as follows:
RALF R. RODRIGUEZ, ESQ.
COZEN, O'CONNOR
200 S. Biscayne Boulevard, Suite 3000
Miami, Florida 33131
(305) 358-4310
7/22/2024
CLERK, Circuiurts
Juan Fernandez -Barg
Deputy Clerk
2
LEGAL\71708967\1
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 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 mismo 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).
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
oblige 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'autre obligations juridiques et vous pouvez requerir les services immediats 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 egalement, en meme
temps que cette forinalite, faire parvenir ou expedier une copie de votre reponse ecrite au
"Plaintiff/Plaintiffs Attorney" (Plaignant ou a son avocat) nomme ci-dessous.
In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in this proceeding should contact the Clerk of Court
administration Office (904) 819-3601, no later than seven (7) days prior to the proceeding.
If hearing impaired, telephone Florida Relay Service at 1-800-955-8771 for assistance.
3
LEGAL \71708967\1
Filing # 202840664 E-Filed 07/18/2024 02:45:29 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.:
225 GROUP, LLC,
Plaintiff,
v.
CITY OF MIAMI, and CITY OF MIAMI
CODE ENFORCEMENT BOARD.
Defendant.
COMPLAINT
Plaintiff 225 Group, LLC, by and through their attorneys, Cozen O'Connor, hereby file
their Complaint against Defendants CITY OF MIAMI, and the CITY OF MIAMI CODE
ENFORCEMENT BOARD (collectively, the "CITY") , stating as follows:
JURISDICTION, PARTIES AND VENUE
1. This is an action for equitable relief, and damages in excess of $50,000.00 stemming
from certain constitutional violations, and a lien placed on a parcel of property by the City of
Miami.
2. Plaintiff 225 Group, LLC ("225 Group") is a limited liability company organized
under the laws of the State of Florida with its principal office located in Miami -Dade County,
Florida.
3. Defendant City of Miami is a municipality organized under the laws of the State of
Florida and located within Miami -Dade County, Florida.
4. Defendant City of Miami Code Enforcement Board is an agency of the City of
Miami and is located within Miami -Dade County, Florida.
https://cozen-my.sharepoint.com/personal/dalvarez cozen com/Documents/Documents/225 Complaint.docx
CASE NO.:
5. Venue is proper in Miami -Dade County, Florida because the causes of action
accrued in Miami -Dade County and the property at issue is located in Miami -Dade County.
6. All conditions precedent to this action have been met, waived, or excused.
GENERAL ALLEGATIONS
7. 225 Group is the owner of the real property located at 225 NW 16th Street Miami,
Florida (the "Property").
8. 225 Group has owned the Property since December 20, 2007.
9. The Property is located within the City of Miami.
10. The Property is a multi -residential structure that has been operated by 225 Group
since it acquired the Property.
11. In April 2016, unbeknownst to 225 Group, the City recorded a Final Administrative
Enforcement Notice, which became lien on the Property (the "2016 Lien"). A copy of the Lien is
attached as Exhibit A.
12. The 225 Group never received a copy of the 2016 Lien nor a notice of lien or any
notice associated with the initial violation from which the Lien arose in connection with the
Property. Indeed, for years, 225 Group operated the Property without any knowledge that the
2016 Lien was recorded against the Property.
13. Recently, a title search was completed by the 225 Group regarding the Property at
which time 225 Group became aware of the 2016 Lien.
14. Upon discovering the existence of the 2016 Lien, 225 Group performed a public
records search and found that on June 10, 2015, the City held a hearing following which the 2016
Lien was recorded against the Property.
2
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CASE NO.:
15. The 225 Group did not receive prior notice of the hearing which took place on June
10, 2015 and the City did not serve 225 Group with the 2016 Lien nor subsequently attempt to
foreclose on the 2016 Lien recorded against the Property.
16. The 2016 Lien is for an alleged violation of the City's ordinance requiring a
Certificate of Use. See Exhibit A. The 2016 Lien, which was recorded on Apri128, 2016, ordered
that the alleged violation be corrected by August 10, 2015 or 225 Group will be fined $250 a day
until an Affidavit of Compliance is obtained.
17. Despite being publicly filed, the 2016 Lien was never served on the 225 Group.
18. On May 8, 2019, the City issued another Final Administrative Enforcement Order,
which is almost verbatim to the 2016 Lien. See 2019 Final Administrative Enforcement Order
attached hereto as Exhibit B. Notably the 2019 Final Administrative Enforcement Order does not
specify any dollar amount or fine that applies daily as a result of the alleged violation.
19. The 225 Group was not served with a copy of the 2019 Final Administrative
Enforcement Order, which was subsequently recorded by the City on May 15, 2019 and became a
lien against the Property (the "2019 Lien").
20. Because the 2016 Lien increases each day, the lien amount is now currently over
$810,000. The 2019 Lien does not have a specific amount referenced anywhere within the four
corners of the document.
21. The 2016 Lien and the 2019 Lien recorded by the City against the Property are
clouds on the title to the Property.
22. As of the date of this complaint, the 225 Group has cured all violations regarding
the Property, including obtaining a certificate of use for the Property. See Certificate of Use, a
copy of which is attached hereto as Exhibit C.
3
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CASE NO.:
COUNT I — QUIET TITLE
23. The 225 Group realleges and incorporates each and every allegation contained in
paragraphs 1 — 22 of this Complaint in support of this claim to quite title to the Property.
24. This is an action to quiet title to real property.
25. The City's action in recording the 2016 Lien and 2019 Lien against the Property
without prior notice to the 225 Group or thereafter has created a cloud on the title to the Property
and is causing damage to the 225 Group.
26. The City is required to provide prior written notice to an owner of property like the
225 Group before taking any adverse action affecting the property rights of an owner regarding
their property.
27. The City deprived the 225 Group of its property rights by, among other things,
failing to timely serve, send, or otherwise notify the 225 Group of the 2016 Lien and 2019 Lien
within the time allowed for the 225 Group to rectify any alleged code violation.
28. The City's acts and omissions created a constitutionally inadequate process.
29. The City failed to provide timely service of process of initial notice of hearing
regarding the June 10 hearing date, the 2016 Lien and the 2019 Lien as required by the provisions
of the Fourteenth Amendment to the United States Constitution and Article 1, Section 9 of the
Florida Constitution, which provides that "no one shall be deprived of life, liberty or property
without due process of law."
30. The 225 Group has been damaged as a result of the City failing to timely provide
actual service of process of the notice of hearing for the June 10 hearing, the 2016 Lien and the
2019 Lien and otherwise complying with due process of law as required by the provisions of the
Fourteenth Amendment to the United States Constitution and Article 1, Section 9 of the Florida
Constitution.
4
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CASE NO.:
31. As a result, 225 Group is seeking that his Court remove and discharge the 2016
Lien and the 2019 Lien from the chain of title to the Property. .
WHEREFORE, Plaintiff, 225 Group, LLC, respectfully request that this Honorable Court
enter judgment in its favor and against the Defendants City of Miami and the City of Miami Code
Enforcement Board by discharging and removing the 2016 Lien and 2019 Lien from the chain of
title to the Property and otherwise clearing the chain of title the Property, award the 225 Group its
costs associated with this cause of action, together with such other and further relief as the Court
deems just, equitable, and proper.
COUNT II — INVERSE CONDEMNATION BY THE CITY
32. The 225 Group realleges and incorporates each and every allegation contained in
paragraphs 1 — 22 of this Complaint in support of this claim alleging inverse condemnation by the
City.
33. The City, through the Code Enforcement Board, has taken a portion of the Property
from the 225 Group through its acts and omissions associated with the recording of the 2016 Lien
and 2019 Lien.
34. The 225 Group has been deprived of its property rights to possess, use, and enjoy
the Property, among other rights, because the City has recorded liens for fines against the Property
without prior notice to the 225 Group, which liens and fines are currently estimated to total an
amount that is equal to or greater than the 225 Group's equity interest in the Property.
35. The 225 Group has constitutionally protected property interests including, but not
limited to rights to possess, use, and enjoy the Property.
36. The 225 Group also has a constitutionally protected right of access to the courts.
5
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CASE NO.:
37. The City deprived the 225 Group of these rights by, among other things, failing to
timely serve, send, or otherwise notify the 225 Group of the 2016 Lien and 2019 Lien within the
time allowed for the 225 Group to rectify any alleged code violation.
38. The City's acts and omissions created a constitutionally inadequate process.
39. The City failed to provide timely service of process of initial notice of hearing
regarding the June 10 hearing date, the 2016 Lien and the 2019 Lien as required by the provisions
of the Fourteenth Amendment to the United States Constitution and Article 1, Section 9 of the
Florida Constitution, which provides that "no one shall be deprived of life, liberty or property
without due process of law."
40. The 225 Group has been damaged by the acts of the City, in particular the taking of
their Property without due process and under circumstances that are clearly inequitable.
WHEREFORE, Plaintiff, 225 Group, LLC, respectfully requests that this Honorable
Court enter a judgment in their favor and against the Defendants City of Miami and City of Miami
Code Enforcement Board for all damages associated by the illegal takings, plus interest, costs, and
all other relief the Court deems just, equitable and proper
COUNT III — VIOLATION OF PROCEDURAL DUE PROCESS BY THE CITY
41. The 225 Group realleges and incorporates each and every allegation contained in
paragraphs 1 — 22 of this Complaint in support of this claim alleging violation of procedural due
process by the City.
42. The 225 Group has a constitutionally protected property interests including, but not
limited to rights to possess, use, and enjoy the Property.
43. The 225 Group also have a constitutionally protected right of access to the courts.
44. The City deprived the 225 Group of its constitutional rights by, among other things,
failing to timely serve, send, or otherwise notify the 225 Group of the 2016 Lien and 2019 Lien.
6
https://cozen-my.sharepoint.com/personal/dalvarez_cozen com/Documents/Documents/225 Complaint.docx
CASE NO.:
45. The City's acts and omissions created a constitutionally inadequate process.
46. The City failed to provide timely service of process of initial notice of hearing
regarding the June 10 hearing date, the 2016 Lien and the 2019 Lien as required by the provisions
of the Fourteenth Amendment to the United States Constitution and Article 1, Section 9 of the
Florida Constitution, which provides that "no one shall be deprived of life, liberty or property
without due process of law."
47. The 225 Group has been damaged as a result of the City failing to timely provide
actual service of process of the 2016 Lien and 2019 Lien and otherwise complying with due process
of law as required by the provisions of the Fourteenth Amendment to the United States Constitution
and Article 1, Section 9 of the Florida Constitution.
WHEREFORE, Plaintiff, 225 Group, LLC, respectfully requests that this Honorable
Court enter a judgment in their favor and against the Defendants City of Miami and City of Miami
Code Enforcement Board for all damages, discharging and removing the 2016 Lien and 2019 Lien
from the chain of title to the Property, including injunctive relief, together with interest, costs, and
such other relief the Court deems just, equitable, and proper.
JURY TRIAL DEMAND
Plaintiff demands trial by jury on all issues so triable.
DATED on this 18th day of July, 2024.
Respectfully submitted,
COZEN O'CONNOR
By: /s/ Ralf R. Rodriguez
Ralf R. Rodriguez
Florida Bar No.: 138053
Daniel L. Alvarez
7
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CASE NO.:
Florida Bar No.: 1010172
RalfRodriguez@cozen.com
DAlvarez(c2cozen. com.
Southeast Financial Center
200 South Biscayne Blvd., Suite 3000
Miami, Florida 33131
Telephone: (305) 704-5952
Counsel for 225 Group, LLC
8
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EXHIBIT "A"
CFN: 20160249292 BOOK 30055 PAGE 962
DATE:04/28/2016 12:44:16 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CT`
City of Miami
THE CITY OF MIAMI, FLORIDA
CODE ENFORCEMENT BOARD June 11, 2015
vs. C R : 0E2014013873
Case No: CE2014013873
225 GROUP LLC
1534 MANTUA AVE
CORAL GABLES, FL 33146
Tenant:
Address: 225 NW 16 ST
Folio: 0131360211710
Legal: ERICKSONS SUB PB B-88 LOT 11 BLK 12 LOT SIZE
50.000 X 105 OR 22659-3138 072004 6 COC 26147-3149 12 2007
1
Hearing Date: June 10, 2015
FINAL ADMINISTRATIVE ENFORCEMENT NOTICE
The Code Enforcement Board has found you guilty of violating the following laws, including Zoning Ordinance of the City of Miami,
Florida (Ordinance 11000, as amended):
- 2110 No Certificate of Use. Miami 21 ART 4 table 3,7.1.2 City Code 2-207
You are hereby ordered to correct said violation by August 10, 2015. If you fail to comply by said date, you will thereafter be fined the
sum of $250 per day. It is your responsibility to advise the Inspector immediately after the violation has been corrected to obtain an
Affidavit of Compliance. Failure to obtain an Affidavit of Compliance will result in the continuing accrual of the daily fine.
A certified copy of this Order may be recorded in the Public Records of Dade County and thereafter shall constitute a lien against the
above referenced property and any other real or personal property that you own. LIENS THAT REMAIN UNPAID FOR THREE (3)
MONTHS MAY BE FORECLOSED IN COURT. In addition, the Certificate of Use and Occupational License of any business occupying
this property may be suspended or withheld. Operating a business without all required licenses is illegal under state and city law, and is
punishable by criminal arrest and/or closing the business.
Should you have any questions regarding this Enforcement Order, or if you wish to advise the Code Enforcement Board that the
violation has been corrected, please call MAGALIE M JEANCINE-GIBBONS at (305) 329-4800.
City of Miami Code Enforcement Board
Officially filed and rendered on June 11, 2015 in the records of the City of Miami, Hearing Boards.
Prepared by:
Olga Zamora
Deputy Clerk of Hearing Boards
EXHIBIT "B"
CFN:2O18UOU1871 BOOK 31443PAGE 1782
O/A'E:05M0/2019 01:52:58PK8
City of Miami
THE CITY (}FMIAM|.FLORIDA
CODE ENFORCEMENT BOARD May 08.201g
vs. CR: CE2014013873
Case No: CE2O14V18873
1534 MANTUA AVE
CORAL GABLES, FL 33146
Address: 225NVV16GT
Fu|io:D13136O21171V
LegsU:ER|CK8ONS SUB PBB-88LOT 11BLK12LOT SIZE
Hearing Date: June 10, 2015
FINAL ADMINISTRATIVE ENFORCEMENT ORDER
The Code Enforcement Board has found you guilty of violating the following laws:
-2110NoCertificate ofUse. Miami 21ART 4table 3.7.1.2City Code 2-207
You are hereby ordered to correct said violation by August 10,2U15.Ifyou fail to comply by said date, you will thereafter befined the
sum of $ per day. It is your responsibility to advise the Inspector immediately after the violation has been corrected to obtain an Affidavit
of Compliance. Failure toobtain an Affidavit ofCompliance will result |nthe continuing amomo| of the daily fine.
This Order shall constitute alien against the above referenced property and any other real orpersonal 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 o[Use and Occupational License ofany 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
odm|nm| arrest and/or closing the business.
Should you have any questions regarding this Enforcement Order, orif you wish to advise the Code Enforcement Board that the
violation has been corrected, please call MAGAILIE M JEANCINE-GIBBONS at (305) 329-4800,
City of Miami Code Enforcement Board
This Is to certify that the foregoing ismtrue and correct copy of the document onfile dated May08, 2019 of the Code Enforcement
Board. Off IcIally filed and rendered on May 08, 2019 In the records of the City of Miami, Hearing Boards.
Olga Zamora
Deputy Clerk of Hearing Boards
EXHIBIT "C"
INVOICE #: 957416 i
# 401646
CERTIFICATE
iNSTRUCTIONS
of Use, a Business Tax Receipt
All applications for Certificate
unless the space Is under construction
http://relamigowcorn/pay using the
the agencies selected on page two of
of Miami Fire•Rescue and Code
Department of Business & Professional
Department of Agriculture, 5 Consumer
visit https1//www.idacs.govi,
Miaml-Dade County Department of Regulatory
you must complete and submit
Please refer
please email this farm and
of the application.
and,
of Use
attached
this
Compliance
this Inspection
to
the
City of Miami
OF USE INSPECTION FORM
if applicable, a Certificate of Occupancy are Issued.
shall expire 90 working dayo from the date of application
with a valid permit and approvals cannot be made
Invoice.
Inspection Farm.
Departments, you must call 311 or 305-468-.5900.
Regulation, Division of Hotels 5 Restaurants, you
Services, you must call 1-800-HELP-FLA it-800-43543
& Economic Resources, Division of Environmental
Form to Miami -Dade County through their
the attached User Guide to assist you with the submits'
DERN approval document as a PDF attachment directly
A:225 Group LLC
If approval
until work is completed".
must Call 850-4874395
I/
Resources
Plan Status &Application
process.
to the City of
ate:
6/ 7/2024
,
Al •,,,
t e .
i ...,
is
or
SPECIAL PERMIT it :
OtapptIcablO
BUILDING PERMIT# .
Certificate
at
with
the City
Florida
Florida
or
the
as °DERM",
Inspections,
denial
(ltsppkoltte)
1, Do not operate the business until a
2. This inspection fee Is not refundable.
1 The building mustbe open to all Inspectors.
4. Pursuant to the Miami Chatter Sec.-2-207(b)'
not received for issuance of a Certificate,
5. Pay for your Certificate of Use online
6, Schedule the required inspections
7, To schedule your inspections with
8. To request an inspection from the
visit http://www.myttorldalicanse,com/DSPR/,
9. To request an inspection from the
1.80041.-AYUDA (1400-352•98.52)
tO. To have your application reviewed by
Management, commonly referred to
Submittal Portal at https://wwwx,rnlamidadtgov/Apps/RER/EPSPortali,
U. Once you have passed all the required
Miami Zoning Department,
12, Alterations to this form will result In
8usInessNam225Group LLC
Address of Business, including suite or space number and zip code:
226 NW 16 ST Miami FL 33136
Malting Address: (If Different)
N/A •
BusinessTelephone;
786 493- 1
nsect Zone:
T6
Emergency Telephone;
Property Tax FollotInvoice
0131360211710
Business
Javier
Owner or Agent:
S I n
•—.
Housing < 9FL
E-rnall;
avi I n rchitects.
Date:
/17/2024
Sq. Ft,/ UnIts,Seat or Floors:
8.00 Unit
Temporary Certificate 5 : :
. ...
Previous Use/Business Type:
—
- 8
Proposed/A proved Use:
ultl-Family
UNITS
_ _...... __....
Restrictions (Comments): APT BLDG
Certificate of Occupancyft;
Certificate of Use Application#:
CU-App-2619203
. Fire Zone;
0734
Type of Construction:
• •• Occupation Classification:
or k.4,4 tkois,_
Zoning Official Print Name:
Final Zoning Reviewer: JR
Zoning Official Signature;
#
TCU101646,
Representative
above information
changes or refunds
EXPIRE '
S 1/1
(Name & Title):
is true and correct, I
can be made once
_
6/2&
Date.;
Corporate Officer/Partner/Authorized
Telephone:
"Netto—
3_ ett4.41.1
Certificate of Use
Signature of applicant confirms the
1 being approved and accept that no
understand the conditions under
issued.
--
which my
(CU) Is
.,. •,
Print Name:
,...
,, _ wt.. 1,4744_1_.44
Slgnatur '
e;
Filing # 203058218 E-Filed 07/22/2024 04:18:53 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2024-013393-CA-01
225 GROUP, LLC,
Plaintiff,
v.
CITY OF MIAMI, and CITY OF MIAMI
CODE ENFORCEMENT BOARD.
Defendant.
AMENDED' COMPLAINT
Plaintiff 225 Group, LLC, by and through their attorneys, Cozen O'Connor, hereby file
their Complaint against Defendants CITY OF MIAMI, and the CITY OF MIAMI CODE
ENFORCEMENT BOARD (collectively, the "CITY") , stating as follows:
JURISDICTION, PARTIES AND VENUE
1. This is an action for equitable relief, and damages in excess of $50,000.00 stemming
from certain constitutional violations, and a lien placed on a parcel of property by the City of
Miami.
2. Plaintiff 225 Group, LLC ("225 Group") is a limited liability company organized
under the laws of the State of Florida with its principal office located in Miami -Dade County,
Florida.
3. Defendant City of Miami is a municipality organized under the laws of the State of
Florida and located within Miami -Dade County, Florida.
1 Amended to include the Property's Parcel Identification Number.
LEGAL\71750149\1
CASE NO.:
4. Defendant City of Miami Code Enforcement Board is an agency of the City of
Miami and is located within Miami -Dade County, Florida.
5. Venue is proper in Miami -Dade County, Florida because the causes of action
accrued in Miami -Dade County and the property at issue is located in Miami -Dade County.
6. All conditions precedent to this action have been met, waived, or excused.
GENERAL ALLEGATIONS
7. 225 Group is the owner of the real property located at 225 NW 16th Street Miami,
Florida, also known as Parcel Number or Property ID Number 01-3136-021-1710 (the "Property").
8. 225 Group has owned the Property since December 20, 2007.
9. The Property is located within the City of Miami.
10. The Property is a multi -residential structure that has been operated by 225 Group
since it acquired the Property.
11. In April 2016, unbeknownst to 225 Group, the City recorded a Final Administrative
Enforcement Notice, which became lien on the Property (the "2016 Lien"). A copy of the Lien is
attached as Exhibit A.
12. The 225 Group never received a copy of the 2016 Lien nor a notice of lien or any
notice associated with the initial violation from which the Lien arose in connection with the
Property. Indeed, for years, 225 Group operated the Property without any knowledge that the
2016 Lien was recorded against the Property.
13. Recently, a title search was completed by the 225 Group regarding the Property at
which time 225 Group became aware of the 2016 Lien.
14. Upon discovering the existence of the 2016 Lien, 225 Group performed a public
records search and found that on June 10, 2015, the City held a hearing following which the 2016
Lien was recorded against the Property.
2
LEGAL\71750149\1
CASE NO.:
15. The 225 Group did not receive prior notice of the hearing which took place on June
10, 2015 and the City did not serve 225 Group with the 2016 Lien nor subsequently attempt to
foreclose on the 2016 Lien recorded against the Property.
16. The 2016 Lien is for an alleged violation of the City's ordinance requiring a
Certificate of Use. See Exhibit A. The 2016 Lien, which was recorded on April 28, 2016, ordered
that the alleged violation be corrected by August 10, 2015 or 225 Group will be fined $250 a day
until an Affidavit of Compliance is obtained.
17. Despite being publicly filed, the 2016 Lien was never served on the 225 Group.
18. On May 8, 2019, the City issued another Final Administrative Enforcement Order,
which is almost verbatim to the 2016 Lien. See 2019 Final Administrative Enforcement Order
attached hereto as Exhibit B. Notably the 2019 Final Administrative Enforcement Order does not
specify any dollar amount or fine that applies daily as a result of the alleged violation.
19. The 225 Group was not served with a copy of the 2019 Final Administrative
Enforcement Order, which was subsequently recorded by the City on May 15, 2019 and became a
lien against the Property (the "2019 Lien").
20. Because the 2016 Lien increases each day, the lien amount is now currently over
$810,000. The 2019 Lien does not have a specific amount referenced anywhere within the four
corners of the document.
21. The 2016 Lien and the 2019 Lien recorded by the City against the Property are
clouds on the title to the Property.
22. As of the date of this complaint, the 225 Group has cured all violations regarding
the Property, including obtaining a certificate of use for the Property. See Certificate of Use, a
copy of which is attached hereto as Exhibit C.
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LEGAL\71750149\1
CASE NO.:
COUNT I — QUIET TITLE
23. The 225 Group realleges and incorporates each and every allegation contained in
paragraphs 1 — 22 of this Complaint in support of this claim to quite title to the Property.
24. This is an action to quiet title to real property.
25. The City's action in recording the 2016 Lien and 2019 Lien against the Property
without prior notice to the 225 Group or thereafter has created a cloud on the title to the Property
and is causing damage to the 225 Group.
26. The City is required to provide prior written notice to an owner of property like the
225 Group before taking any adverse action affecting the property rights of an owner regarding
their property.
27. The City deprived the 225 Group of its property rights by, among other things,
failing to timely serve, send, or otherwise notify the 225 Group of the 2016 Lien and 2019 Lien
within the time allowed for the 225 Group to rectify any alleged code violation.
28. The City's acts and omissions created a constitutionally inadequate process.
29. The City failed to provide timely service of process of initial notice of hearing
regarding the June 10 hearing date, the 2016 Lien and the 2019 Lien as required by the provisions
of the Fourteenth Amendment to the United States Constitution and Article 1, Section 9 of the
Florida Constitution, which provides that "no one shall be deprived of life, liberty or property
without due process of law."
30. The 225 Group has been damaged as a result of the City failing to timely provide
actual service of process of the notice of hearing for the June 10 hearing, the 2016 Lien and the
2019 Lien and otherwise complying with due process of law as required by the provisions of the
Fourteenth Amendment to the United States Constitution and Article 1, Section 9 of the Florida
Constitution.
4
LEGAL\71750149\1
CASE NO.:
31. As a result, 225 Group is seeking that his Court remove and discharge the 2016
Lien and the 2019 Lien from the chain of title to the Property. .
WHEREFORE, Plaintiff, 225 Group, LLC, respectfully request that this Honorable Court
enter judgment in its favor and against the Defendants City of Miami and the City of Miami Code
Enforcement Board by discharging and removing the 2016 Lien and 2019 Lien from the chain of
title to the Property and otherwise clearing the chain of title the Property, award the 225 Group its
costs associated with this cause of action, together with such other and further relief as the Court
deems just, equitable, and proper.
COUNT II — INVERSE CONDEMNATION BY THE CITY
32. The 225 Group realleges and incorporates each and every allegation contained in
paragraphs 1 — 22 of this Complaint in support of this claim alleging inverse condemnation by the
City.
33. The City, through the Code Enforcement Board, has taken a portion of the Property
from the 225 Group through its acts and omissions associated with the recording of the 2016 Lien
and 2019 Lien.
34. The 225 Group has been deprived of its property rights to possess, use, and enjoy
the Property, among other rights, because the City has recorded liens for fines against the Property
without prior notice to the 225 Group, which liens and fines are currently estimated to total an
amount that is equal to or greater than the 225 Group's equity interest in the Property.
35. The 225 Group has constitutionally protected property interests including, but not
limited to rights to possess, use, and enjoy the Property.
36. The 225 Group also has a constitutionally protected right of access to the courts.
5
LEGAL\71750149\1
CASE NO.:
37. The City deprived the 225 Group of these rights by, among other things, failing to
timely serve, send, or otherwise notify the 225 Group of the 2016 Lien and 2019 Lien within the
time allowed for the 225 Group to rectify any alleged code violation.
38. The City's acts and omissions created a constitutionally inadequate process.
39. The City failed to provide timely service of process of initial notice of hearing
regarding the June 10 hearing date, the 2016 Lien and the 2019 Lien as required by the provisions
of the Fourteenth Amendment to the United States Constitution and Article 1, Section 9 of the
Florida Constitution, which provides that "no one shall be deprived of life, liberty or property
without due process of law."
40. The 225 Group has been damaged by the acts of the City, in particular the taking of
their Property without due process and under circumstances that are clearly inequitable.
WHEREFORE, Plaintiff, 225 Group, LLC, respectfully requests that this Honorable
Court enter a judgment in their favor and against the Defendants City of Miami and City of Miami
Code Enforcement Board for all damages associated by the illegal takings, plus interest, costs, and
all other relief the Court deems just, equitable and proper
COUNT III — VIOLATION OF PROCEDURAL DUE PROCESS BY THE CITY
41. The 225 Group realleges and incorporates each and every allegation contained in
paragraphs 1 — 22 of this Complaint in support of this claim alleging violation of procedural due
process by the City.
42. The 225 Group has a constitutionally protected property interests including, but not
limited to rights to possess, use, and enjoy the Property.
43. The 225 Group also have a constitutionally protected right of access to the courts.
44. The City deprived the 225 Group of its constitutional rights by, among other things,
failing to timely serve, send, or otherwise notify the 225 Group of the 2016 Lien and 2019 Lien.
6
LEGAL\71750149\1
CASE NO.:
45. The City's acts and omissions created a constitutionally inadequate process.
46. The City failed to provide timely service of process of initial notice of hearing
regarding the June 10 hearing date, the 2016 Lien and the 2019 Lien as required by the provisions
of the Fourteenth Amendment to the United States Constitution and Article 1, Section 9 of the
Florida Constitution, which provides that "no one shall be deprived of life, liberty or property
without due process of law."
47. The 225 Group has been damaged as a result of the City failing to timely provide
actual service of process of the 2016 Lien and 2019 Lien and otherwise complying with due process
of law as required by the provisions of the Fourteenth Amendment to the United States Constitution
and Article 1, Section 9 of the Florida Constitution.
WHEREFORE, Plaintiff, 225 Group, LLC, respectfully requests that this Honorable
Court enter a judgment in their favor and against the Defendants City of Miami and City of Miami
Code Enforcement Board for all damages, discharging and removing the 2016 Lien and 2019 Lien
from the chain of title to the Property, including injunctive relief, together with interest, costs, and
such other relief the Court deems just, equitable, and proper.
JURY TRIAL DEMAND
Plaintiff demands trial by jury on all issues so triable.
DATED on this 18th day of July, 2024.
Respectfully submitted,
COZEN O'CONNOR
By: /s/ Ralf R. Rodriguez
Ralf R. Rodriguez
Florida Bar No.: 138053
Daniel L. Alvarez
Florida Bar No.: 1010172
RalfRodrizuez a •ozen.com
7
LEGAL\71750149\i
CASE NO.:
DAlvarez@cozen.com
Southeast Financial Center
200 South Biscayne Blvd., Suite 3000
Miami, Florida 33131
Telephone: (305) 704-5952
Counsel for 225 Group, LLC
8
LEGAL \71750149 \ 1
EXHIBIT "A"
^
City of Miami
CFN:2O18O24B202BOOK 3OO55PAGE S82
OATE:04/28/2018 13:44:16PM
THE CITY (JFMIAM|,FLORIDA
CODE ENFORCEMENT BOARD June 11.2015
VS. CR: CE2014013873
Case No: CE2014013873
1534 MANTUA AVE
CORAL GABLES, FL 33146
Address: 225NVV1R8T
Fo|io:O1313OO21171O
Lega:ER|CKSONS SUBPB B'8gLOT 11BLK12LOT SIZE
Hearing Date: June 10.2015
FINAL ADMINISTRATIVE ENFORCEMENT NOTICE
The Code Enforcement Board has found you guilty of violating the following laws,including Zoning Ordinance ofthe City ofMiami,
Florida (Ordinance 11000, as amended):
-211ONoCertificate ofUse. Miami 21ART 4table 3.71.2City Code 2-2U7
You are hereby ordered to correct said violation byAugust 10.2015.Ifyou fall to comply by said date, you will thereafter befined the
sum of$250per day. It Isyour responsibility tuadvise the Inspector immediately after the violation has been corrected toobtain en
Affidavit of Compliance. Failure to obtain an Affidavit of Compliance will result in the continuing accrual of the daily fine.
Acertified copy of this Order may berecorded inthe Public Records ofDade County and thereafter shall constitute alien against the
above referenced property and any other real nrpersonal property that you own. LIENS THAT REMAIN UNPAID FOR THREE (3)
MONTHS MAY BE FORECLOSED IN COURT. In addition, the Certificate of Use and Occupational License of any business occupying
this property may be suspended or withheld. Operating a business without all required licenses is illegal under state and city law, and is
punishable bycriminal arrest and/or c|oaingthebuaineaa.
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 MAGAILIE M JEANCINE-GIBBONS at (305) 329-4800.
City of Miami Code Enforcement Board
Officially flied and rendered on June 11, 2015 in the records of the City of Miami, Hearing Boards.
Prepared by:
Olga Zamora
Deputy Clerk of Hearing Boards
�
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�'�~ ^-
^ ^
EXHIBIT "B"
THE CITY OF MIAMI, FLORIDA
CODE ENFORCEMENT BOARD
vs.
225 GROUP LLC
1534 MANTUA AVE
CORAL GABLES, FL 33146
Tenant:
CFN: 20190301371 BOOK 31443 PAGE 1792
DATE:05/15/2019 01:52:59 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
City of Miami
May 08, 2019
CR: CE2014013873
Case No: CE2014013873
Address: 225 NW 16 ST
Folio: 0131360211710
Legal: ERICKSONS SUB PB B-88 LOT 11 BLK 12 LOT SIZE
50.000 X 105 OR 22659-3138 072004 6 COC 26147-3149 12 2007
1
Hearing Date: June 10, 2015
FINAL ADMINISTRATIVE ENFORCEMENT ORDER
The Code Enforcement Board has found you guilty of violating the following laws:
- 2110 No Certificate of Use. Miami 21 ART 4 table 3,7.1.2 City Code 2-207
You are hereby ordered to correct said violation by August 10, 2015. If you fail to comply by said date, you will thereafter be fined the
sum of $ 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 MAGALIE M JEANCINE-GIBBONS at (305) 329-4800.
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 May 08, 2019 of the Code Enforcement
Board. Officially filed and rendered on May 08, 2019 in the records of the City of Miami, Hearing Boards,
"--
Prepared by:
Olga Zamora
Deputy Clerk of Hearing Boards
EXHIBIT "C"
INVOICE 0: S741 61,
U # 101646
ra
SPECIAL pEilT #:
City of Miami t,
Otapplicablol
BUILDING PERMIT* —
(tiappllaebte)•
CERTIFICATE OF USE INSPECTION FORM A
, t e ,-
,
iNSTRUCTIONS
1, Do riot operate the business until a Certificate of U. a Business Tax Receipt
7- This inspection fee Is not refundable.
3. The building must be open to all inspectors.
4. Pursuant to the Miami Charter Sec.-2-207(hr Ail applications for Certificate
not received for issuance of a Certificate, unless the space Is under construction
5. Pay for your Certificate of Use online at http://rniarrilgov,comipay using the
6, Schedule the required Inspections with the agencies selected on page two of
7, To schedule your Inspections with the City of Miami Fire -Rescue and Code Compliance
8, To request an Inspection from the Florida Department of Business & Professional
visit http://www,rnyftoridalicense,corri/DRPR/,
9. To request an Inspection from the Florida Department of Agriculture Er Consumer
1.4100-FL-AYUDA (1-800-352,9032) or visit https://www.fdacsgov/,
10. To have your application reviewed by the Miami -Dade County Department of Regulatory
Management, commonly referred to es 'EMI, you must complete and submit
Submittal Portal at https://wwwxmlamIdatie,gov/Apps/RER/EPSPortali, Please refer
IL Once you have passed all the required Inspections, please email thls form and
Miami Zoning Department,
II Alterations to this form will result In denial of the application,
Business Name:
226 Group LLC
and, If applicable, a Certificate of Occupancy are issued.
of Use shall expire 90 working days from the date of application
with a valid Permit and approvals cannot be made
attached Invoice.
this inspection Form
Departments, you must call 311 or 305-468-5900.
Fiegulation, Division of Hotels a Restaurants, you
Services, you !vast call 143(10-HELP-PLA (1-800-435-7352)/
& Economic Resources, Division of Envimrimental
this Inspection Form to Miarni-Nde County through their
to the attached User Guide to assist pu with the submittal
the DERM approval document as a PDF attachment directly
A:
225 Group LLC
If approve( Is
until work is completed",
must call B50-487.1396 or
Resources
Plan Status & Application
process,
to the City of
ei
6/17/2024
Address of Business, Including suite or space number and zip code:
225 NW 16 ST Miami FL 33138
„,„....., _ .....,_,....... , .. ..
Mailing Address: (if Different)
N/A .
Business Totephon
78E3 493-8691
Transect Zone:
T5
Tmergency Telephone:
P pJortyTax Folio*:
0131360211710
Business Owner or Agent:
vier Selman
-rnaU:
vie m n hitect ,
Invoice Date:
/17/2024
Previous Use/Busine Type:
Proposed/Approved Use:
Multi -Family Housing < 9FL
Sq. Ft,/ Units,Seat or Floors:
8.00 Unit
..„,„ - _ _,.......-
Restrictions (Comments): APT BLDG - 8 UNIT
Certificate of Occupancy#:
Certificate of Use Application#: Temporary Certificate of Use #:
CU-App-2619203
• Ire Zone: 0
734
,.......,.._ ....... _ ..,„..„,.,,
Typo of Construction:
, OccupatiOn Cies,sification:
Or
_ ..„..,
0 L4
Zoning Official Print Name:
Final Zoning Re ewer JR
Zoning Official Signature:
***TCU # 101646 EXPIRES 1/16/26 ***/1624
Date:
CorporateOffic r/P rtn r/Authorlzed Representative (Name & Title):
—1' VILAttvogvsk4Ar
T ephone:
e
—
Print Name;
--.....
Date :
1* 04
rt til
• i