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6865 SW 64 ST_GREEN MISC INTER-OFFICE MEMORANDUM To: Address File Date: February 7, 1995 Chronological File From: David Struder l Re: Marie Valenti, Secretary 7 6865 SW 64 Street This memorandum is to provide notice for the Address and Chronological Files that Dean L. Mimms has been in contact with Douglas MacArthur regarding this matter, and has asked Mr. MacArthur to retrieve material . left in the office on February 6, 1995. f DOUGLAS H. HacARTHDR Attorney at Law 1000 Ponce de Leon Boulevard Suite. 207 Coral Gables, Florida 33134 Phone: (305) 445-2655 Fax: (305) 444-3354 (19) February 6 , 1995 City of South Miami Building and Zoning Department 6130 Sunset Drive Miami , Florida 33143 RE: MARIE VALENTI , 6865 SW 64th Street Dear Mr. Mimms: Pursuant to our conversation of February 2, 1995, please find enclosed a letter from Orlando Fortun, consulting engineer, concerning his inspection of the above referenced premises. This document is signed, sealed, and carries Mr. Fortun' s license number and Special Inspector Number. The aspects of the construction revealed by the destructive methods used by the engineer are still open for inspection. We will proceed to request a building permit and request the administrative waiver for the setback. If you have any questions, please contact my office. cerely s, Dougla 'H. MacArthur, Esquire DHM/nr cc: City Manager City Attorney i3 --c� E of OP�C]Wd0 �o �OP�MG� consulting engineers, -�-- �,`�""R 2 9 9 • P•a• scab 9U 600 s.w. 8th street • suite 46 T miomi, florido 33174 C�5 - �y Vv" Z/Gpl /) l January 26, 1995 Job No. 95-009-1 City of South Miami 6130 Sunset Dr ive Miami , FL 33143 Attn: Mr. E. Cox, City Manager RE: Ms. Marie Valenti 6865 sw. 64 street South Miami , F1 33143 Dear Sirs: This is to advise you that using destructive methods we have visually inspected the the roofed terrace and its adjacent breakfast room both existing at the rear of the residence captioned in the reference above and to the best of our professional knowledge and belief, they have been built in accordance with the South Florida Building Code, enforced in the time of the construction. Also, we found both of them structurally safe. If you have any further questions, . please do not hesitate to call us at C 305 i 262-6225. Tr 1 ours, Or andc- M. Fortun, P.E. Lic. No. 22249 Special Inspector No. 369 OMF:vr 95-Oo9-1 __ ----------- DOUGLAS H. MacARTHUR, ESQUIRE 1000 Ponce de Leon Blvd. , Suite 207 Cr -�l Gables, Florida 33134 ATTN: DEAN MIMMS Department of Building and Zoning City of South Miami 6130 Sunset Drive South Miami , Florida 33143 I City of South Miami BUILDING, ZONING & COMMUNITY DEVELOPMENT 6130 Sunset Drive / South Miami, Florida 33143 / (305) 663-6327 Fax (305) 666-4591 October 18 , 1995 Douglas H. MacArthur Attorney at Lana 1000 . Ponce de Leon Blvd. , Suite 207 Coral Gables, FL 33134 Re: Marie Valenti property, 6865 SW 64 Street Dear Mr. MacArthur: The City of South Miami finds your October 6, 1995 request to be acceptable that Ms. Valenti make four equal monthly payments of $114 to pay for the $456 building permit. The initial $114 payment is due at the time of issuance of the building, permit. The three remaining $114 payments are respectively due 30 days, 60 days, and 90 days subsequent to the date of permit issuance. Final inspection and subsequent issuance of a Certificate of Completion will be withheld until the $100 fee for the Certificate of Completion is paid. The fee for the Certificate of Completion, which is required, is in addition to the $456 building permit fee. It is the responsibility of the permit holder to complete the permitted construction within six months from the date of permit issuance. Any requests for extension of the six-month period must be made to the Building Official prior to the end of the six-month period. Please feel free to call me if you have any questions. Sincerely, L Dean L. Mimms, AICP Director of Building, Zoning and Community Development DLM/ds cc: Sonia Lama, AIA, Building Official "City of Pleasant Living" P..ei . GLSS H. MHC,tH'!'HUB Attorney at Law 1000 'Ponce de Leon Blvd. , Suite 207 Coral Gables, Florida, 33134 Phone: (305) 445-2655 DATE: October 6, 1995 Please deliver to: NAME: Dean Mimms Company/Location: Building, Zoning Community Development FAX Number: 666-4591 From% Douglas H. MacArthur, Esquire No. of pagers 2 ( incl.cover sheet) COMMENTS: ( ) URGENT ( ) CONFIDENTIAL RE: Marie Valenti, 6e65 SW 64th Street, South Miami, F1. I£ transmission is not received in good order, please call: (305) 445-2655 Direct FAX line: (305) 444E-3354 RECEHVED OCT b 1995 B., Z. & C.D. P. 02 ,kr .rnr Attorney at La. 1000 Ponce 40 Lem Boule urd Suite. 207 Coral GabLeam. Florida 33134 Phone: (305) 445-2655 Pax: (305) 444-3354 (19) October 6, 1995 Dean Mimms Building, Zoning & Community Development 6130 SunsetDrive South Miami , Florida 33143 RE: MARIE VALENTI, 6865 SW 64 Street, South Miami, F1 . Dear Mr. Mimmss I understand that there is a cost of $456 for the Building Permit still required to finish bringing the above referenced property into compliance. As I am sure you are aware, Me. Valenti has limited funds at this . time. To expedite this process, we are suggesting that she make four equal monthly payments of $114.00 to pay for the permit. If this is acceptable to you, we will make the first monthly payment immediately. Please advise at,your earliest opportunity. erely fours, Dou s Mac A thur, Esquire DHM/nr ! Ell Cr 6 1905 B., Z. & ^.n. C. Ordinance creating a special taxing district to fuhd increased police protection in the "SR" district. (Comm'r Cooper) D. -Lease of real property at 58th Ave. and . 73rd St. for relocation and use of a historic structure. (Comm'r Cooper) E. Evaluating potential error in legal description regarding vacating r/o/w concerning lot under contract for Habitat project. F. Preparing report to code enforcement board regarding (1) proper notice to violators; (2) lien procedures and priority; and, (3) other matters. G. Advice on city responsibility to enforce the Americans with Disabilities Act of 1990, 42 USC S 12101, et seq. , and Part V, Chapter 553, Florida Statutes, in connection with an application for a building permit to convert a professional office building from a medical use to law office use. IV. Pending litigation. A. Resolution Trust Corporation v. City of South Miami, Case no. 93-2731 (Fla. 1st DCA 1994) . There have not been any material developments since the 1 zeport. Valenti v. Code Enforcement Board, Case no. 93-14657 CA 04 (Fla. 11th Cir. Ct. 1993) . Ms. Valenti sued the city for declaratory judgment to vacate the liens imposed against her property. She alleges that ( 1) she did not construct improvements to her residence in violation of the city's rear yard setback requirement; (2) any violation of the setback requirement is "grandfathered" ; (3) she is not legally required to seek a setback variance; and, (4) the fines imposed by the coded enforcement board for the violation should be stricken. The subject matter of the controversy is work that was performed on the residence without a permit in early- 1990. The work included roof repair, extension of a rear room into the setback area, and interior improvements. The city "red tagged" the work and issued a notice of violation for doing work without a permit. A variance for the work was denied on July 7, 1990. An order of violation was entered by the code enforcement board on February 14, 1991. The case history is attached as App. 3. 3 f� f Ms. Valenti filed suit against the city on August 8, 1993. The original petition was dismissed and an amended petition was later filed. The new allegations are not materially different from the original allegations. The city filed a motion to dismiss the petition on March 15, 1994 . The likelihood is great that the amended petition will be dismissed because of i) administrative res judicata; _ii) failure to exhaust administrative remedies; iii) untimely appeal; and, iv) lack of original subject matter jurisdiction. Upon inspecting the property, reviewing the documentary evidence, and interviewing witnesses, including Ms. Valenti's surveyor, I believe that Ms. Valenti did, in fact, enclose the breakfast room and enclose the screened enclosure, which resulted in an unauthorized encroachment into the rear yard setback. A copy of 2 surveys is attached as App. 4. During the litigation, Ms. Valenti offered a settlement agreement. Under the agreement, Ms. Valenti proposes to hire a contractor, to have the work inspected, to correct any defects, to secure an after the fact building permit, and to pay $700.00 to satisfy the fine and secure a release of lien. The offer is a continuing offer. ' App. 5. The city commission may take any of the following actions: 1. Negotiate an acceptable offer; or, 2. Reject the offer; or, 3. Reject the offer and direct counsel to seek an order requiring Ms. Valenti to restore the property. C. Mandelstam v. City of South Miami, Case no. 93-15848 CA 20 (Fla. 11th Cir. Ct. 1993) . A report on recent developments will be presented in the next report. V. Recent court decisions. A. Government-incurred environmental clean up costs may exceed the value of the damaged property. In Davey Compressor Company v. City of Delray Beach, 19 Fla. L. Weekly S146, -the Florida Supreme. Court held that the city was entitled to recover the cost of 4 BAILEY HUNT .JONES & BUSTO `j A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW RAUL A. ARENCIBIA COURVOISIER CENTRE • SUITE 300 OF COUNSEL GUY B. BAILEY, JR. 501 BRICKELL KEY DRIVE LAWRENCE S. EVANS KATHY J. BIBLE J. BRUCE IRVING MERCEDES C. BUSTO MIAMI, FLORIDA 33131--2623 ROBERT E. SCHUR SCOTT L. CAGAN TEL. (305) 374-5505 TIMOTHY CONE - FAX (305) 374-6715 SENIOR COUNSEL STEVEN CARLYLE CRONIG WM. R. DAWES JAMES C. CUNNINGHAM, JR. GEORGE J. BAYA RICHARD M. DAVIS EARL G. GALLOP JUDITH B. GREENE RICHARD H. HUNT, JR. BRUCE HURWITZ - JESSE C. JONES JOHN B. LEVITT STEVEN P. OPPENHEIM March 15, 1994 Douglas H. MacArthur, Esq. Suite 207 1000 Ponce de Leon Blvd. Coral Gables, FL X3134 s � � d; Lq Re: Marie Valenti v. Code Enforcement Board Case no. : 93-14657 CA 04 (Dade Ctn'y. Ct. , 1993) Our file no. : 9447-00 Dear Mr. MacArthur: Enclosed is the City of South Miami's motion to dismiss the amended petition for declaratory judgment. I would like to schedule meetings among you, me, and the surveyor at our earliest, mutually convenient opportunity. We will call your office to schedule the meetings. Very t ly yours, Earl G. Gallop EGG:sgs Enclosure cc: Paul Young, Vice Mayor ill Hampton, City Manager o- Cathy Vazquez, Chief Code Enf. Officer macart.1tS t F-3ZE � IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 93-14657 CA 04 MARIE VALENTI, Petitioner, V. CODE ENFORCEMENT BOARD OF CITY OF SOUTH MIAMI, FLORIDA Respondent. MOTION TO DISMISS AMENDED PETITION WITH PREJUDICE Pursuant to rule 1. 130 and other applicable Florida Rules of Civil Procedure, the City of South Miami, appearing specially for respondent Code Enforcement Board of the City of South Miami, moves to dismiss the amended complaint on the following grounds: INTRODUCTION Valenti filed an amended petition for declaratory judgment seeking a determination that ( 1) she did not construct improvements to her residence in violation of the city's rear-yard setback requirement; (2) any violation of the setback requirement is "grandfathered" ; (3) she is not legally required to seek a setback variance; and, (4) the fines imposed by the code enforcement board for the violation should be stricken. See petition, requests for relief. The petition alleges that she applied for a variance and the application was denied on July 31, 1990 (¶ 11, pet. ) ; and, the code enforcement board imposed a fine for the setback violation on February 14, 1991 (11 12-13, pet. ) . The petition does not allege that Valenti exhausted her administrative remedies, and it does not BAILEY HUNT JONES 6 GUSTO A PROFESSIONAL ASSOCIATION,ATTORNEYS AT LAW COURVOISIER CENTRE,SUITE 300,SOt BRICKELL KEY DRIVE,MIAMI,FLORIDA 33131-2623•TELEPHONE(305)374-5503 1 CASE NO. 93-14657 CA 04 advance any reasons for not seeking appellate review or declaratory relief until August, 1993 . BASIS FOR DISMISSAL 1. Improper service of process. Service of process on a public board must be made on the chief executive officer of the board. S 48. 111(2) , Fla. Stat. The code enforcement board was purportedly served with process "by serving Cathy McCann, Mayor" rather than serving the board's chief executive officer. See summons. Accordingly, the service is improper and it is tinsufficient to confer jurisdiction on this court. 2 . Lack of capacity to be sued. The code enforcement board is authorized by Chapter 162, Florida Statutes, and it is created by ordinance as a board of the City of South Miami. The enabling ordinance does not confer on the board the capacity to sue or be sued. Accordingly, the board cannot be a party to this action. 3. Administrative res judicata. The administrative actions concerning the denial of the variance and the imposition of a fine for violating the setback requirement that Valenti challenged occurred in July, 1990 and February, 1991. The actions were not appealed to the city commission, nor did petitioner seek appellate, review by the circuit court. Accordingly, the administrative actions are final and they cannot be challenged in this action. 4 . Failure to exhaust administrative remedies. The city code provides that the city commission "shall serve as the 2 BAILEY HUNT JONES S GUSTO A PROFESSIONAL ASSOCIATION,ATTORNEYS AT LAW COURVOISIER CENTRE,SUITE 300,501 BRICKELL KEY DRIVE.MIAMI,FLORIDA 33131-2623•TELEPHONE(305)374-5505 a/ CASE N0. 93-14657 CA 04 appellate body for all appeals of administrative decisions. " S 20- 6(E) , Land Development Code. The code further provides that " [n]o person. . .may apply to the court for relief unless he or she has first exhausted the remedies provided for herein. . . . " 20- 6(E) (2) (a) , Land Development Code. Valenti did not exhaust her remedies. Accordingly, the petition should be dismissed with prejudice for failure to exhaust administrative remedies. 5. Untimely appeal. Appeal to the circuit court is sole relief available to Valenti from an adverse final administrative action of the code enforcement board. S 162. 11, Fla. Stat. The proceeding is limited to appellate review of the record created before the board. An appeal must be filed within 30 days of entry of the order. Valenti delayed seeking judicial review for over 2} years. Accordingly, the appeal is untimely and the petition should be dismissed with prejudice. 6 . Lack of original jurisdiction. Valenti filed a petition for declaratory judgment. The petition seeks to invoke the court's original jurisdiction under Section 86 .011, Florida Statutes. However, Valenti's sole and exclusive remedy is by appeal to the circuit court. § 162 .22; F1a.R.App.P. 9 . 030(c) ( 1) . Accordingly, the petition should be dismissed for lack of subject matter jurisdiction. Wherefore, the City of South Miami, appearing specially for the code enforcement board, requests this court to: 3 BAILEY HUNT JONES 6 BUSTO A PROFESSIONAL ASSOCIATION,ATTORNEYS AT LAW COURVOISIER CENTRE,SUITE 300.501 BRICKELL KEY DRIVE,MIAMI,FLORIDA 33131.2623•TELEPHONE(305)374-5505 Y CASE NO. 93-14657 CA 04 a. dismiss the petition for declaratory relief with prejudice; b. award the City of South Miami its attorney's fees under S 57 . 105, Fla. Stat. ; C. award the city its costs; and, d. grant such other supplemental relief as is just and proper. BAILEY HUNT JONES & BUSTO, a professional association Attorneys for City of South Miami Courvoisier Centre, Suite 300 501 Brickell Rey Drive Miami, Florida 33131-2623 (305) 374-5505 By: arl G. Gallop Fla. Bar No. 173468 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing motion to dismiss amended petition with prejudice was mailed to: Douglas H. MacArthur, Esq. , 1000 Ponce de Leon Blvd. , Suite 207, Coral Gables, Florida 33134 this 15th da of March, 1994 . f Counsel EGG/sgs 9447val.dis 4 BAILEY HUNT JONES 5 BUSTO A PROFESSIONAL ASSOCIATION,ATTORNEYS AT LAW COURVOISIER CENTRE,SUITE 300,501 BRICKELL KEY DRIVE,MIAMI,FLORIDA 33131-2623•TELEPHONE(305)374-5505 V 4/9 -� � g`l y Gla --- 7TZW/� - - VZ/e � 74; �0 A as, ` r --- -- ----------- H= STORY \� �1y✓���. Folio # 09-4026-024-0300 property Address: r Legal Description: Marie D Valenti Lot 9 , Block 3 of 6865 SW 64 Street Tranquility Estates S. MIAMI , FL 33143 Plat Book 78 , Page 64 P = Photographs on file C = In Compliance DATE: ACTION/TNCIDENT: 12-89 Ms. Valenti purchased the property. 01-11-90 Permit #90-0019-08 (#402) was issued for the replacement of a wooden fence around the above referenced property. 04-02-90 B & Z Creceived a complaint that an addition which violates the 25 foot setback was being constructed at the property. 04-03-90 Inspection revealed the following 'work without a permit (not a complete list) : - A hot tar roof was being finished by 3 workers - One room to the rear of the house was extended - Doors were sealed up and windows were installed - New dry wall , tile and siding was either put up or being put up - Electrical wiring was done 04-03-90 A Red Tag (stopwork order) was issued. Ail work stopped. 04-04-90 NOV #4-90-V007 was issued for doing work without permits (certified Receipt Received) . Ms. Valenti came to City Hall. She was informed that a stopwork order was placed on the entire job. Moreover, she was informed of all requirements in reference to ERPB & permits. Ms. Valenti disagreed with the CEO's determination that permits were required for the work that was done. Consequently, an appointment was made for the BO to meet Ms. Valenti at her home later that afternoon. At Ms. Valenti's request, the BO and ;CEO Walker went to inspect the property. CEB - Code Enforcement Board NOV - Notice of Violation CEO - Code Enforcement Officer NOH - Notice of Hearing CRR - Certified Receipt Received BO - Building Official Apr-!. 3 . 04-04-90 Ms. Valenti was not there. However, 2 men were there working on the house. A 2nd red Tag was issued and the men- informed the BO that Ms. Valenti told them to continue working, that she would take care of the permit situation. The BO determined that major remodelling and construction had been done. Permits were definitely required and licensed contractors would have to do the work. The two men working were informed that if they continued working, the police would be called in. Approximately, one hour later, a re-inspection revealed that the men were still working at the house. When CEO Walker showed up with a police officer, the two men packed up and left. 04-05-90 NOV #4-90-V009 was issued to Marie Valenti for doing construction work without a permit (letter was returned unclaimed) . 04-06-90 Ms. Valenti contacted this office. (She stated that she did not add anything to the property, and that a copy of her survey shows this. She faxed said survey to this office. 04-09-90 At Ms. Valenti's request, a 2nd inspection of her property was made by the BO. The BO explained to Ms. Valenti what inspections were done, what was in violation, and what she needed to do to bring into compliance. 04-16-90 Ms. Valentitpresented an application for Public Hearing'requesting ',a variance. 05-17-90 Rodman Roofing pulled permit #861 for reroofing with shingle. (tin cap inspection approved 5-23-90) . 07-30-90 Commission denied variance. 08-15-90 Letter to B.& Z. Director requesting ah appeal to the City Commission for their decision of denial for their request for variance allowing a 21' rear setback within and 4tJ--3 . zoning district. CEB - Code Enforcement Board NOV - Notice of Violation CEO - Code Enforcement Officer NOH - Notice of Hearing CRR - Certified Receipt Received BO - Building Official 08-16-90 Letter to Law Firm of Jorge L de la Osa PA by City Attorney Martin Berg advising that the Commission :, is unable to reconsider a variance for a period of one year after variance denial. Also stated that applicants were properly notified to be present at hearing and that the only remedy would be by suit to the Circuit Court. 08-30-90 Letter from attorney De la Osa to Martin Berg (City Attorney) requesting a meeting with attorney, city officials, and Ms. Valenti to resolve the situation. 02-01-91 SIV-(still in violation) 02-01-91 NOH sent registered mail - to appear on 2/14/91. (letter was returned "unclaimed" , Post Office attempted deliveries on 2/2 , 2/7, 2/17. 02-13-91 Letter from Attorney De la Osa to Code Enforcement requesting a reconsideration of City Commission's denial of variance heard 7/31/90 (this letter was hand delivered) . 02-14-91 CEB found Ms. Valenti in violation of Construction without a permit. 02-18-91 Order of Violation mailed stating a fine of $75.00 a day will start 2-15-91 (Registered letter returned unclaimed- Post Office attempted delivery 2/20, 2/25, 3/7) . 03-01-91 Letter from attorney De la Osa to Code Enforcement Officer Walker requesting an appeal of the Code Enforcement Board's decision. 09-24-91 Claim of Lien was recorded for $15 ,685.50 and accruing at $75.00 a day until compliance. 01-17-92 Copy of recorded lien mailed to Ms. Valenti Registered mail (receipt returned signed 1-30-92.) . 01-26-93 Notice of Obstruction in Right of Way issued (plants) . Certified receipt returned signed 2-12-93 . 04-12-93 . SIV of obstruction. CEB - Code Enforcement Board NOV - Notice of Violation CEO - Code Enforcement Officer NOH - Notice of Hearing CRR - Certified. Receipt Received BO - Building Official 07-29-93 ATF systems applied for a Building permit to install a burglar alarm. 07-30-93 Chief Code Enforcement Officer rejected Permit due to pending lien. 07-30-93 Attorney Douglas MacArthur contacted Chief CEO regarding situation. Since it was late Friday afternoon and the following week Chief CEO was scheduled away from office she requested he call back on Monday and speak with CE Carol Hughes. Chief CEO advised the B & Z Director and City Attorney of situation before day was over. 08-05-93 Received from City Clerk a Civil Summons, serving Code Enforcement Board. 08-06-93 As of this date Ms.Valentis property at 6865 SW 64 Street is still in violation. Ms Valenti has made no attempt to contact city officials in order- to bring this property into compliance. CEB - Code Enforcement Board NOV - Notice of Violation CEO - Code Enforcement Officer NOH - Notice of Hearing CRR - Certified Receipt Received BO . - Building official AGREEMENT AND OFFER OF SETTLEMENT THIS OFFER AND AGREEMENT is made by the Petitioner, MARIE VALENTI , to settle her dispute with the CITY OF SOUTH MIAMI , CODE ENFORCEMENT BOARD, concerning that certain parcel of real property, owned by her and on which she resides, located at 6865 S.W. 64th Street, South Miami , Florida . 1 . Petitioner has retained the services of GUY SMITH, INC. , a licensed . and bonded contractor, to inspect the structure located on said property specifically for the following: To inspect any construction done upon said structure between December 27 , 1989, and the present date. This inspection will be done no later than September 10, 1993 . This is to include work done on the area known as the breakfast room located at the rear of the dwelling, and the adjacent covered patio area. 2 . Petitioner further agrees to authorize the contractor to pull any and all building permits which may be necessary to inspect the property. 3 . Inspection will be done to determine whether said construction complies with the applicable Building Codes and is sound, safe, and secure. 4 . Petitioner will instruct contractor to provide the City of South Miami with all documents necessary for said inspection and certification. 5 . Petitioner agrees to use the services of said contractor to correct any defects or problems which may be found during this inspection. Corrections will be made no later than , 1993 . 6 . As to the fine which has been assessed against said real property by the City of South Miami , Petitioner immediately offers the sum of seven hundred dollars ( $700.00) in settlement of the same, in return for a release of lien on said property. 7 . Petitioner understands that this agreement is binding, and also upon execution of the same, that the City of South Miami will promptly issue to her a building permit for the installation of a home security system. DATED this day of 1993 . MARIE VALENTI , Petitioner DOUGLAS H. MACArthur, Esq. Acknowledged by: City of South Miami App. 5 . S KETC1-q OF- SURVEY SCALE . !" = 0 Lime 4. 2 AspMALT k o2 U6wAy yl K 2 Tt�n 7.Z5' 17.v' v R Cc z5.°,l5 47.75 It Ak y. Iv�N co w� �j COWM .F+ ti C Q. /rCO.v GOL.OL 1 � 4A7W w fh, coq,,"°X °I.00' r i . i 2f' P.PVr.-,E.vT i + ACCORDING TO THE N.F.I.P. THE SZIBJET PROPERTY ADDRESS+ PROPERTY FALLS WITMN FLOOD ZONE APP. . 4� SKETCH OF SURVEY _ SCALE : /" = � � �X'21 43.00 q ->- P�Iw o� h Nz I 45PMg:T \ T 4k ; N 1 I N < t /7.Z5' � _ cp (O., N I 47.75 t :' Q •U v . 40 A,' Pike �1 A I 4 4 AL O'• °l•Q0, -AST y f°`"'u° 5 23 PAQtt M y P/f16 r.. .. - •1 I -Zf� PiYNCrPENj' / ACCORDING TO THE Y.F.I.P. THE StJBJET PROPERTY ADDRESS= all 5T PROPERTY FALLS WMM FLOOD ZONE a. yy Qn H .tom] O y1 �o P F-1 CA tEl O ` txj O O to 00 H 00 o ff - r - 1 +-a a% C 40 o\ O H ZE 1-3 t7 N �0 f• CA ty 6� d0 O O 01 r 01 C O V n d "a' .P .h+ .TJ N V N 00 O H M N l0 o yW y y t�7 W W o cn L"Wd o w oy Xt+ o x O t 7 's7 r 1--• r t'>y w O �O t+7 N w 00 t� o r •v r G n W �] ��ee ��+a tO �v CZ) Or rrrt-� :t• � OOtr1 >c3a �ir [�1] �uxJ t x- .0 ~o -OO Z ��i t f t-7 tzf �t] tz7 to m ,t-� 4') w CD C i �~ -<- � ono e0 C'] >F °o o .x ON'rn O tC C'tJ LHTJ t�i'1 H �t Oo C .�P troi'1 1--1 1--• H 1--• .�C y 1-1 C 3 1 t5 to t0 lV N Ol to d 00 '00 V1 w Ul v 1- 01 2F C�7 '01 N t+7 r 'O r C ?J v 4. .p O .R. IL" %D l0 .p t7 't7 �Cz/�y N lil 1--1 r 'V' h^ F+ 00 00 O .00 Ol 1-' l0 7F '.+ O O utHCJ [�� l") rQ N a W W d W 00 (.T'1 h-+ C ly-7 M t 7 ~ 'CC7 V O i--• L/� to C7 r 1--+ lJ7 t0 O G'aN o CC p r .0 o o t�J �O ko %0 N N ON tJl H J C I-- O O C/� H r '�Cy Can Coil o cai� L" '0 � t�Y H .P O X H 't7 .P 'P. �O .P � (.n N '170 2 Oro •• W C .0 H N x C % N N tv 7F V h-• .{a b .� .. 7U t0 t0 N �N Ol C71 O ro w O In b In In In O N v 1 O -O x- O !--• N �0 O •7 4P :fa O..P Cn -.,0\ t0 C 'CT 1--' 00 l0 l0 O l0 00 F+ t0 O �.. ►Fw3J• X- O V 00 (x O 1 V V O v N Ul w O O O O .P C�1 Oo al -4 ate ®f South Miami 01 6130 Sunset Drive, South Miami. -iorida 33143 663-6300 ��` " ",�..�,AG� October 13 , 1993 �82p Mr. Douglas H . MacArthur 1000 Ponce de Leon Blvd . , suite 207 Coral Gables , Florida 33134 RE : City of South Miami Code Violations - Marie Valenti 6865 SW 64 St . , South Miami , FL 33143 Dear Mr . MacArthur : As the record will clearly indicate , this office has attempted to work with you to solve a problem created when your client . started illegal construction and major renovations at 6865 SW 64 St . , without required approval and building permits . Pursuant to my September 2 , 1993 letter , you and your client responded on September 14 , 1993 . The following are my comments regarding that letter : The Land Development Code of South Miami provides the specifications for screened enclosures and single family structures . I invite you to review sections 20-2 . 3 (Page 22) and 20 . 3 . 6 (Page 71 ) regarding the setback requirements for the above items . There has never been any question about the floor area space . However , when Mrs . Valenti without approved permits removed the screens and had constructed in its place a permanent wall and roof covering approximately 25% of the legal patio , the required set backs , changed pursuant to City Code . Had Mrs . Valenti taken the legal route for her construction, i .e . , architectural plans , proper review, Planning Board , etc. , she would not have the problem of an ongoing fine and removal of illegal construction . V1 Note that the room addition would not have been approved without a Commission approved variance . You have stated that a survey of the property reveals no zoning violations . A survey performed for your client by Rolando Ortiz , on December 27 , 1989 shows a screen terrace (screened enclosure , "City of Pleasant Living" screened patio) on the north side of the house at 6865 SW 64 St . At that point in time the screened terrace (screened enclosure , screened patio) did not violate the Zoning Code . On May 4 , 1990 an updated survey by Mr. Ortiz showed a new wooden roof terrace where his December 27 , 1989 survey showed a screen terrace . Obviously , there was a change on the north side of 6865 SW 64 St . , between those two dates . Also, the following is a quote from the Keyes Real Estate information listing for this address in 1989 : "Gorgeous tiled patio fully screened brings the outdoors in and creates a true Florida lifestyle" . The above describe fully screened patio was not in violation of the City Zoning Code . However , once Mrs . Valenti without an approval and without proper building permits constructed a permanent wall and roof the enclosed area addition became a violation of the Code by setback encroachments and illegal construction. Accordingly when Mrs . Valenti , through you , her attorney , submitted a signed inaccurate affidavit , which omitted an accurate description of the illegal construction , which changed an outside screen enclosure permitted by the Code to an enclosed room addition, not authorized by the City Code except by Commission approval of a variance which was denied on July 31 , 1990 by City Commission , I was unable to consider her offer. You can understand my concern in solving this problem prior to issuing new permits to Mrs . Valenti . Your client has ignored correcting these violations for the past three years . The most expeditious way to solve her problem is to remove the illegal roof over the former patio, to remove the illegal wall and to restore this area to the legally approved screen enclosed patio . Should you desire to proceed to correct these violations I would be more than happy to meet with Mrs . Valenti or whomever she designates. Sincerely , In m ampton City Ma er WFH :er c : Mayor and City Commission Martin Berg Marie Valenti So. Miami Homeowners Assoc. Attachment R/022 DOUGLAS. H,: --MacARTHUR Attorney- at Law .. ... LPJeune Centre 7£32 NW LeJeune Rd , Suite 540 Miami , Florida 33126 Phone : ( 305 ) 445-2655 FAX: ( 305 ) 444-3354 December 17 , 1991 Martin D . Berg City Attorney City of South Miami 61.30 Sunset Drive Sou tth Miami , Florida 337.43 RE . SDbject Property: \ 6665 SW 64th Street Lot 9 , Block 3 , TRANQUILI'1'Y ESTATES , according to the Plat thereof recorded in Plat Book 78 at Page 64 of the Public Records of Dade County , Florida Dear Mr . Berg: Please: be advised that I now represent.. .,MS Marie Valenti in the controversy concerning the above-referenced property, which is still unresolved - My office will be contacting you in the near future in an attempt to resolve this matter . I am now familiarizing myself with the file and completing some necessary Legal research into the matter . Sincerely Yours , Douglas H . Mac A t hur , EsS'Uire CC: MS Sonia Lamas MLS Marie Valenti L Z � . � ✓ r t { Jim MARIE D. VALENTI, IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN Plaintiff, AND FOR DADE COUNTY, FLORIDA GENERAL JURIwDICTION DIVISION VS . EASE MO. : 31 - 11783 CA 09 CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, MOTION TO DISMi3S L:-fondant . ( 103490 ) The Defendant, CITY OF SOUTH MIAMI , by and through its undersigned counsel, filer this Motion to Dismiss pursuant to Fla . P . Civ. P . 1 . 140 and in support thereof says as follows ; 1 , fa3Iux : to zqtach in :txnment.s : - a . El.A . F . Ciu. 1' . 1 . 1 0 r :il provides "all . . . docuinent.. upon which an actin':: may be rrolught or a copy the-roof shall be Incorporated in -)r atVached to the r i#,,adintl" . b. Plaintifi would appeal an Order Entered at a rcode Eritorc~eui.:nt Boazd Mc; eting of February 14, 1991 (see paragroph 11 of Lhe Complaint ) ; hnw�--vcr, in copy of that Order is att- chid to tl,t Complaint as an Exhibit . Defendant attaches a ci�!±y ;ierew th �3 Exhibit."A" to demonstrate this Court 's lack of Juri,sdIction of thI subject matter and the statute of limitation with regard to an appeal of the Order . 2 . Itek o€ iurisAiction of tht subject matter : a . Paragraph 3 of the Complaint alleges this Court has jurisdiction pursuant to Florida Statute 162 .11. That section, in relevant part, provides : Appeals .- An aggrieved party may appeal a final administrative order of an enforcement board to the circuit court . Sucb an appeal shall not be a hearing de novo but shall be limited to appellate review . . . . [emphasis added ] b. Plaintiff has not filed an appeal to the Appellate Division of the Circuit Court; Plaintiff has filed an original action for declaratory judgment in the General Jurisdiction Division . 3 . estoppel/limitations : a . Florida Statute 162 . 11 also provideZ the "appeal _hall be filed within 3C d:-Ay-- of the execution of the order to vt. appealed. " b. The Crd,,r which Plaint. rt would appEai was mad:, un February 14, 1991 . Pi,intitf dated the Complain. Much 1C , 19'411- arsd obtained is:iu.:ince of the Summons Marrh i', thu to and the 3o day period in the Statute . WHEREFORE, and in view of the foregoing, the I?�fendant movr_::, to dismiss the Complaint for lack of jurisdiction ar►d for failure to bring the action with the statutory period . I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Dismiss was mailed to Amado Alan Alvarez, Esq. , Attorney for Plaintiffs, Jorge L. De La Osa, P .A. , Marina Lakes Business 2 .4 Pazk, 9960 S. W. 72nd Avenue, Suite 903, Miami, Florida 33155, this 8th day of May, 1991 . V. � ��� 1:AR I M DF,V.I ': P.l.. .te.— . y.;. Att: %:°;; :; u; r Dcfcndant Cilcy of South Miami 19 West Flagl--r Stref 't Suite 802, Bi-c-iyno Bldg. Miami"Florida lorida 33130 Telc phonc : ( 305) 373.-1020 1 3 CODE ENFORCEMRW BOARD CITY OF SOUTH MIAMI DADE COUNTY, FLORIDA S�BDSR OF YIOI�,TTON VIOLATOR: FILE NO. CB-91--7 VIOLATION: Construction w/o a Permit- Sec. 301, S F1 Building Names Marie D. Valenti Street Address: 6865 SW 64 Street City: S. Miamia F'1. 33143 THIS CAUSE came before the Code Enforcement Board on the 14th day of February, 1991. The evidence leads to the following Findings of Fact: Construction w/o a permit It is HEREBY ORDERED AS FOLLOWS: A FINE OF $75.00 PER DAY IS TO BEGIN ON FEBRUARY 15, 1991, CONTINUING UNTIL COMPLIANCE IS MET.. DONE AND ORDERED this 14th day of FEBRUARY, I . ATTEST: . Co orcement Board Sevretary '' e�c s Exhibit "A" T; ! For Y �: MARIE D. VALENTI, : IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN Plaintiff, AND FOR DADE COUNTY, FLORIDA GENERAL JURISDIC'T'ION DIVISION VS . CASE NO. : 91 - 11783 CA 09 CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, NOTICE OF HEARING (Motion Calendar ) Defendant. (103490) To: Amado Alan Alavarez, Esquire Attorney for Plaintiff 4960 S .W. 72 Avenue Suite 403 Miami, Florida 33155 PLEASE TAKE NOTICE that the Defendant 's Motion to Dismiss is set for Hearing before the Honorable Martin Greenbaum, one of the Judges in the above-styled Court, at 73 West Flagler Street, Miami, Florida 33130, on Wednesday, May 22, 1991, at 8 : 30 A.M. or as soon thereafter as may be heard. PLEASE BE GOVERNED ACCORDINGLY. I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Hearing was mailed to the above addressee this 8th day of May, 1991 . MARTIN DAVID BERG, P.A. Attorney for Defendant City of Sopth ,Miami 19 W`es't '1?iagler Street Suite 802, Biscayne Bldg. Miami, Florida 33130 Telephone : ( 305) 371 -1631 rent Copy `, YOU( jj `+ MARIE D. VALENTI, IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN Plaintiff, AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION VS . . CASE NO. : 91 - 11783 GA 0 CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, MpTION TO DI5MISS FOR LACK. OF JURISDICTION ON PERSON Defendant . ( 103490 ) The Defendant, CITY OF SOUTH MIAMI , by and through its undersigned counsel, files this Motion to Dismiss pursuant to Fla . R. Civ. P . . 1. 140 ( b ) ( 2 ) solely for lack of jurisdiction over the person and not to confer jurisdiction by appearance or otherwise and in support thereof says ss xollaws : 1 . This action purports to. be a complaint against a municipality (see paragraph of the r-lumD•Iaint ) ; however, the plaintiff has failed to comoll, witil the requisites of the Florida Statt'"te for service upon municipalities . 2 . Specifically, Plaintiff atempted to obtain Jurisdiction upon a municipality by serving the City Attorney. Thiz is not the means provided in the Florida Statutes.. WHEREFORE, and in view of the foregoing, the Defendant moves to dismiss the Complaint for lack of. jurisdiction over the person of the City of South Miami . I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Dismiss for Lack of Jurisdiction on Person was mailed to Amado Alan Alvarez, Esq. , Attorney for Plaintiffs, Jorge L. De La Osa, P.A. , Marina Lakes Business Park, 4960 S .W. 72nd Avenue, Suite 403, Miami, Florida 33155, this 5th day of April, 1991 . MARTIN DAVID BERG, P .A. Attorney for Defendant 'City of South Miami , 19 West Flagler Street Suite 802, Biscayne Bldg. Miami, Florida 33130 Telephone: ( 305) 371-1631 2 'Rent Cbop two MARIE D. VALENTI, IN THE CIRCUIT COURT OF TIDE . . 11th JUDICIAL CIRCUIT IN. Plaintiff, AND FOR DADE COUNTY, FLORIDA OENERAL. JURISDICTION DIVISION VS . CASE NO. ; 91 - 11783. CA 09, . CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, .'NOTICE OF 'HEARING. (MOTION CALENDAR) Defendant. (103490.), To: Amado Alan Alavatez, E*,quire Attorney for Plaintiff 4960 S.W. 72 Avenue Suite 403 . ,Miami, Florida 33155 PLEASE TAKE NOTICE ` that.' hat the Motion to Dismiss for Lack of Jurisdiction on Person i.s . . set for . Hearing before the. Ho.norable Martin Greenbaum, one. of:'. , .the Judges to they above-styled .Court, at 73 "West Flagler Street, Miami, Florida 33130, on Tuesday, April 23., 1991, at 8 : 30 A.M. or as soon thereafter as may be heard PLEASE BE GOVERNED ACCORDINGLY. I HEREBY CERTIFY that a true - arid cor.re,at copy of_ the foregoing Notice of Hearing was mailed - to the above addressee this. 5th day; . of April, 1991 . MARTI-N DAVID BERG, P.A. Attor 1. d. Pt City- 19 West Flagler Street Suite 802, Biscayne Bldg, Miami, Florida 33130 Telephone : ( 305). 371°1631 Y. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICI :WO CIRCUIT IN AND FOR DADE COUNTY, FLORIDA 21 MARIE D. VALENTI, GENERAL JURISD v DIVISION Plaintiff, CASE NO. 91-117'83 11'783 O� CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, Defendant. CIVIL ACTION SUMMONS THE STATE OF FLORIDA: To Each Sheriff of Said State: Vim( / v54 1=XY G YOU ARE HEREBY COMMANDED to serve this summons and c py of the complaint or petition in this action on defendant: J�D City Of South Miami Code Enforcement obCrd 3 by and through: Martin D. Berg, Esquire City Attorney City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Each defendant is required to serve written defenses to the complaint or petition on Plaintiff's attorney, Amado Alan Alvarez, Esquire, whose address is: Law Offices Of Jorge L. De La Osa, P.A. , Marina Lakes Business Park, 4960 S.W. 72nd Avenue, Suite 403, Miami, Florida 33155, (305) 662-9343 within 20 days after service of this summons on that Defendant, exclusive of the day of service, and to file the original of the defenses with the Clerk of this Court either before service on Plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. DATED MAR 19 , 19 MARSHALL ADER as Clerk of Said Court Glco_ e,e1 u off by: RARRARA' HARPER as Deputy Clerk f IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA MARIE D. VALENTI, GENERAL JURISDICTION DIVISION Plaintiff, VS. CASE NO. 9111783 CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, Defendant. CIVIL ACTION SUMMONS THE STATE OF FLORIDA: To Each Sheriff of Said State: V/Y YOU ARE HEREBY COMMANDED to serve this summons and c py of the complaint or petition in this action on defendant: IyD City Of South Miami Code Enforcement o�Crd • X333 by and through: Martin D. Berg, Esquire City Attorney City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Each defendant is required to serve written defenses to the complaint or petition on Plaintiff's attorney, Amado Alan Alvarez, Esquire, whose address is: Law Offices Of Jorge L. De La Osa, P.A. , Marina Lakes Business Park, 4960 S.W. 72nd Avenue, Suite 403, Miami, Florida 33155, (305) 662-9343 within 20 days after service of this summons on that Defendant, exclusive of the day of service, and to file the original of the defenses with the Clerk of this Court either before service on Plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. DATED ON MAR 19 MI , 19 MARSHALL ADER as Clerk of Said Court by: RIARRIARA' HARPER as Deputy Clerk t IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA MARIE D. VALENTI, GENERAL JURISDICTION DIVISION VS. Plaintiff, CASE NO. 91-11788 FLORIDA BAR NO. 746398 CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, COMPLAINT FOR Defendant. DECLARATORY JUDGMENT COMES NOW, the Plaintiff, MARIE D. VALENTI, by and through undersigned counsel, and hereby files her Complaint For Declaratory Judgment, and as grounds therefor states as follows: PARTIES 1. Plaintiff is sui juris and a resident of South Miami, Dade County, Florida. 2. Defendant, CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, (the "Board") , is a local government code enforcement board as such term is applied under the Local Government Code Enforcement Boards Act, (the "Act") , Sections 162 . 01, et seq. , Florida Statutes. VENUE AND JURISDICTION 3. This Court has jurisdiction over the instant cause pursuant to Sections 86.011 and 162. 11, Florida Statutes. 4 . Venue is appropriate in this judicial district inasmuch as the real property subject of this action is located within this judicial district. CASE NO. DECLARATORY JUDGMENT 5. On or about April 3, 1990, Plaintiff was issued a Notice Of Violation by the City of South Miami for building without a permit-. at her residence located at 6865 S.W. 64th Street, South Miami, Florida 33143, in violation of Section 301 of the South Florida Building Code, a copy of which is incorporated herein by reference and attached hereto as Exhibit "A" . Such Notice instructed Plaintiff to correct the cited violation within 10 (ten) days. 6. Plaintiff was also advised by the City of South Miami that she had violated the 25' setback requirement proscribed by the Land Development Code of the City of South Miami, (the "South Miami Code") . 7. The City of South Miami advised Plaintiff that she was required to apply for a Variance, and thereafter obtain an appropriate building permit in order to terminate such violation. 8. On or about July 31, 1990, the City of South Miami Commission, (the "Commission") , held a public hearing on Plaintiff's Request For Variance and Plaintiff was unable to attend. 9. As a result of Plaintiff's inability to attend such hearing, the Commission denied Plaintiff's Request For Variance. 10. On or about August 15, 1990, Plaintiff gave the Commission written notice that it was appealing the Commission's 2 CASE NO. denial of Plaintiff's Request For Variance, a copy of which communication is incorporated herein by reference and attached hereto as Exhibit "B". 11. On or about February 14, 1991, a hearing was held before Defendant, wherein Plaintiff explained that she had attempted to correct the violation (building without a permit) by requesting a Variance. She also advised that the City of South Miami Planning and Zoning Board recommended to the Commission that her Request For Variance be approved, and that the Commission later denied her Request at the hearing on July 31, 1990 due to her inability to attend such hearing. 12. Defendant heard Plaintiff's testimony and argument of her undersigned counsel, and ruled that Plaintiff was in violation of the South Miami Code inasmuch as Plaintiff had violated the 25' setback restriction proscribed for RS-3 property. Defendant thereby levied a daily fine of Seventy Five and 00/100 Dollars ($75. 00) commencing on the date of said hearing. 13 . Defendant abused its discretion and exceeded its authority under the Act inasmuch as its assessed fine concerns Plaintiff's alleged violation of the 25' setback restriction without a Variance, and not Plaintiff's failure to obtain a building permit. Plaintiff was never cited for allegedly violating such restriction. WHEREFORE, Plaintiff, MARIE D. VALENTI, hereby prays this Honorable Court enter a declaratory judgment providing: (i) that 3 CASE NO. WHEREFORE, Plaintiff, MARIE D. VALENTI, hereby prays this Honorable Court enter a declaratory judgment providing: (i) that Defendant abused its discretion and exceeded its authority under Chapter 162, Florida Statutes, in connection with its Order of February 14, 1991, and (ii) that Defendant's Order of February 14, 1991 is declared null and void, and shall have no effect upon the Plaintiff or her subject property. Respectfully submitted, LAW OFFICES OF JORGE L. DE LA OSA, P.A. Attorneys for Plaintiff Marina Lakes Business Park 4960 S.W. 72nd Avenue Suite 403 Miami, Florida 33155 (305) 2-9343 By*- i Amado Alan Alvare2P, Esqu' e Date 4 1 EXHIBIT "A" �c-(Q,�c ego( • _�•� �lMjami 6130 Sunal Oft, South Miami,Florida 33143, 667.5691 NOTICE 0 F V I 0 L A T I 0 N •:��1!!.�I.r •• '�^ s. ` Date: file CIF;:: V022' It"e, e ro r S. ress rs ,F Dcf-yU7.,� DO 11 CODS SECTION VIOLATED: Sec. 101 -of . South Florida Building Code DESCRIPTION Of VIOLATION: It shall be unlawful to construct, enlarge, alter, repair, nave, remove or demolish any building, structure, or any-part thereof= or any equipment, device or facility therein or there- on= or to install or alter any equipment for which provision is madq or the installation of which is regulated by this Code= without first • having filed application and obtained a permit therefor, from the $gilding Official, v/�lidlIated by payment therefor. TO WIT. 1 , 0(14i'^C4 •r44 +or c6 lig LV&rk wif �GU UQVI'A QS F!" CORRIICTION AND TIME LIMIT: ("r'? G � V 7 0 14j-f'1 u rj. 1_4 1:4.. / MIT I1t5P1'►rCTiON DATE: -11 /��/&7d YOU ARK HEREBY NOTIFIED TO CORRECT THE ABOVE VIOLATIONS) WITHIN THE TIM% LIMIT SPECIFIED, FAILURE TO COMPLY WILL RESULT IN CHARGES BEING PILED AGAINST YOU WITH THE CODE ENFORCEMENT BOARD OF THE CITY Of SOUTH MIAMI , FLORIDA. STATUTE 162.09 AUTHORIZED THAT REPEATED VIOLATIONS COULD RESULT IN AN ASSESSMENT OF A FINK Of UP TO $250.00 A DAY , WITHOUT HEARING, FOR EACH TIME THE VIOLA- Code Raforcement Off L... 14!49 4n2850 79 - PARKS f�1002i©48 �• h,: ,,r. ns� 1 t. CITY�Qfr...:S 'MIAMI.' 60 SUNS •'r"DRtVE. ,. ::t • t ' 1• '• � �r"rr-I�E 8¢'1�' dye. �`. 1�u1.�O1N EC•� •I*��t!'' 'I'�•umalms, moreM/WICAtr ' 7CONINata' t' •rI ...,.t . ,�1 i•,�� 1�•,fj �.�pl�I +tld '�:, :ilalc�a'AElp.�/R' rMI►O .AN bus .�j/� �. �''' �h ��fry +• TMs ;�v4AS ARP •. U COU Q�T,G 00 1 zr ON ' STOP* '` �CAL3,.1N .ar�R,;�• NQ LY'W. OCIM WC R IRr- f - �•T �'•��`J"��'•�hi•'7 INAt L C.TKOOS AAWIC i :r� +j��1' �I+cac tS' A ,CIIAIIOC bt► YwawTr cbLI-AAS Mgt-r).,P'.**' r 11E••INa�cC•T/rQN� CAI-Lt WIIICH MUST 59 PALO .TO 10 OrI�IGtYj r�r011ti ■irma4mim; WILL 09 'IM■4lkta t311,..,••':' •+., 1`� �r►IC iNta o1'IS`'�+�od:,�• �. •^i�;,;�� 1 � .4�i ti til1< • P 1 . EXHIBIT "B" LAW FIRM of f^ JORGIM L. DE LA 06A. P.A. ' 4960 B.W. 72 AVENUE SUITE 408 MIAMI. FLORIDA 83166 JORGE L. DE LA OSA RICHMID J.ADAMS. JR. ► TEL: (306)662.9343 FAX: 306) 662-4937 August 15, 1990 Mr. David Walker Code Enforcement Officer South Miami City Commission 6130 Sunset Drive South Miami, Florida 33143 Re: Appeal of City Commission's Denial of Request for Variance by Marie Valenti, Heard July 31, 1990. Subject Property: 6865 SW 64th Street Lot 9, Block 31 TRANQUILITY ESTATES, according to the Plat thereof recorded'--. in Plat Book 78 at Page 64 of the Public Records of Dade County, Florida. Dear Mr. Walker: Marie Valenti hereby appeals the City Commission's denial of her request for variance allowing a 21' rear an RJ-3 zoning district. setback within As grounds for the appeal, Ms Valenti cites the followin ... g. 1. Ms. Valenti received no type of formal notice of the July 31, 1990, hearing, as required-';'.by Section 20-5 of the Land Development Code of the City;..of South Miami. 2. Ms. Valenti's remodeling of the subject constitutes a nonconforming uie, �" .. 'property Land Development Code of the CitypofmSouamder the Section 4 .8 (B) (1) of the Code � ' ,-r in pert' �„part states: A structure . . . . . . erected in conforma ce with dimensional requirements in effect `at the time of erection but which at a subsequent'-'.date fails to conform . . . . . . may continue to be used . . . . . . Mr. David Walker Code Enforement Officer South Miami City Commission August 15, 1990 Page 2 Section 4.8(B) (2) (b) , referring to nonconforming uses as set forth in 4.8 (B) (1) above, further states: In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity . . . . The subject property was in existence prior to imposition of the current 25' setback requirement applicable to RS-3 zoned single family property, at a time when 211- was the effective setback limitation. At a minimum, the terrazzo floor of the subject property (mounted on a concrete base,' and possibly a screened-patio with corresponding• columns and roof) existed prior to the City's raising- "the setback to 251 . As such, the subject property (as it currently stands and did so before the 25' setback limitation went into effect, at the 22.3' setback line) grandfathers the 25' setback limitation, and constitutes• a ` permissible nonconformity under the Code. Closing off the existing patio in no way "increases the extent of nonconformity, " since the 22.3 ' setback remains unchanged. Ms. Valenti will submit record of the July 31, 1990, hearing as soon as the minutes of that hearing receive approval by Commission, and are accessible. Very truly yours, Richard J. Adams, Jr. Law Firm of: Jorge L. de la Osa, P.A. Attorneys for Marie Valenti RJA:pe cc: Marie Valenti { e'§ rya ; Citu of South Miami 6130 Sunset Drive, South Miami, Florida 33143 663-6300 March 22 , 1991 Sewell , Todd, & Broxton 280 West Canton Suite 4310 Winter Park , FL 32789 Gentlemen: Attached is a copy of a Civil Action Summons received in this office March 21 , 1991 . If any additional information is needed, Ms . Sonia Lama is the Director of Building & Zoning, and may be reached at this address . Her telephone number is (305 ) 663-6344 . If I can be of further help , please advise . Sincerely , Ji4 hn M. Corbliss , nance Director � Pya JMC/vp lu cc : ,§onia Lama , Building & Zoning, Director L «..:._ — Risk Management File "City of Pleasant Living" 4' IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA MARIE D. VALENTI, GENERAL JURISDICTION DIVISION. Plaintiff, CASE NO. 91---11'783 VS. OM CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, Defendant. CIVIL ACTION SUMMONS THE STATE OF FLORIDA: v /y/ lx To Each Sheriff of Said State: V,.( i�.GSr.( YOU ARE HEREBY COMMANDED to serve this summons and ai c py of the complaint or petition in this action on defendant: �D City Of South Miami Code Enforcement - rd • X333 by and through: Martin D. Berg, Esquire City Attorney City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Each defendant is required to serve written defenses to the complaint or petition on Plaintiff's attorney, Amado Alan Alvarez, Esquire, whose address is: Law Offices Of Jorge L. De La Osa, P.A. , Marina Lakes Business Park, 4960 S.W. 72nd Avenue, Suite 403, Miami, Florida 33155, (305) 662-9343 within 20 days after service of this summons on that Defendant, exclusive of the day of service, and to file the original of the defenses with the Clerk of this Court either before service on Plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. DATED ON MAR 19, M41 19 MARSHALL ADM as Clerk of Said Court by: 3ARRARA' HARPER as Deputy Clerk IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA MARIE D. VALENTI, GENERAL JURISDICTION DIVISION VS. Plaintiff, CASE NO. 91-11783 FLORIDA BAR NO. 746398 CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, COMPLAINT FOR Defendant. DECLARATORY JUDGMENT COMES NOW, the Plaintiff, MARIE D. VALENTI, by and through undersigned counsel, and hereby files her Complaint For Declaratory Judgment, and as grounds therefor states as follows: PARTIES 1. Plaintiff is sui juris and a resident of South Miami, Dade County, Florida. 2. Defendant, CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD, (the "Board") , is a local government code enforcement board as such term is applied under the Local Government Code Enforcement Boards Act, (the "Act") , Sections 162. 01, et seq. , Florida Statutes. VENUE AND JURISDICTION 3 . This Court has jurisdiction over the instant cause pursuant to Sections 86.011 and 162. 11, Florida Statutes. 4. Venue is appropriate in this judicial district inasmuch as the real property subject of this action is located within this judicial district. CASE NO. DECLARATORY JUDGMENT 5. On or about April 3, 1990, Plaintiff was issued a Notice Of Violation by the City of South Miami for building without a permit. at her residence located at 6865 S.W. 64th Street, South Miami, Florida 33143, in violation of Section 301 of the South Florida Building Code, a copy of which is incorporated herein by reference and attached hereto as Exhibit "A" . Such Notice instructed Plaintiff to correct the cited violation within 10 (ten) days. 6. Plaintiff was also advised by the City of South Miami that she had violated the 25' setback requirement proscribed by the Land Development Code of the City of South Miami, (the "South Miami Code") . 7. The City of South Miami advised Plaintiff that she was required to apply for a Variance, and thereafter obtain an appropriate building permit in order to terminate such violation. 8. On or about July 31, 1990, the City of South Miami Commission, (the "Commission") , held a public hearing on Plaintiff's Request For Variance and Plaintiff was unable to attend. 9. As a result of Plaintiff's inability to attend such hearing, the Commission denied Plaintiff's Request For Variance. 10. On or about August 15, 1990, Plaintiff gave the Commission written notice that it was appealing the Commission's 2 CASE NO. denial of Plaintiff's Request For Variance, a copy of which communication is incorporated herein by reference and attached hereto as Exhibit "B". 11. On or about February 14, 1991, a hearing was held before Defendant, wherein Plaintiff explained that she had attempted to correct the violation (building without a permit) by requesting a Variance. She also advised that the City of South Miami Planning and Zoning Board recommended to. the Commission that her Request For Variance be approved, and that the Commission later denied her Request at the hearing on July 31, 1990 due to her inability to attend such hearing. 12. Defendant heard Plaintiff's testimony and argument of her undersigned counsel, and ruled that Plaintiff was in violation of the South Miami Code inasmuch as Plaintiff had violated the 25' setback restriction proscribed for RS-3 property. Defendant thereby levied a daily fine of Seventy Five and 00/100 Dollars ($75. 00) commencing on the date of said hearing. 13. Defendant abused its discretion and exceeded its authority under the Act inasmuch as its assessed fine concerns Plaintiff's alleged violation of the 25' setback restriction without a Variance, and not Plaintiff's failure to obtain a building permit. Plaintiff was never cited for allegedly violating such restriction. WHEREFORE, Plaintiff, MARIE D. VALENTI, hereby prays this Honorable Court enter a declaratory judgment providing: (i) that 3 CASE NO. WHEREFORE, Plaintiff, MARIE D. VALENTI, hereby prays this Honorable Court enter a declaratory judgment providing: (i) that Defendant abused its discretion and exceeded its authority under Chapter 162, Florida Statutes, in connection with its Order of February, 14, 1991, and (ii) that Defendant's Order of February 14, 1991 is declared null and void, and shall have no effect upon the Plaintiff or her subject property. Respectfully submitted, LAW OFFICES OF JORGE L. DE LA OSA, P.A. Attorneys for Plaintiff Marina Lakes Business Park 4960 S.W. 72nd Avenue Suite 403 Miami, Florida 33155 (305) 2-9343 By: Amado Alan Alvare2P, Esqu' e Date 4 1 EXHIBIT "A" cuu of sat WI M lami 6130 Sunni Vriw ;youth Miami,Florida 33143, 667.5691 NOTICE OF VIOLATION :1l�!�.M.ar'� ty . Date: ��t•le. #tear;:: ��^Jr :dos.' � . r .,J''� .' Mort e _ /a ame .� L/0` S. ress ...... !Q Fla 3':3 P-0 EICY- 10L A1 3 COPS SECTION VIOLATED: Sec. 3,01 of ' South Florida Building Code (D'ESC'RIPTION OP VIOLATION: It shall be unlawful to construct, enlarge, a.lte'r, repair, move, remove or demolish any building, structure, or any-part thereof: or any equipment, device or facility therein or there- on; or to install or alter any equipment for which provision is madq or the installation of which is regulated by this Code= without first • having filed application and obtained a permit therefor, from the $wilding Official, v lidated by payment therefor. TO WIT: c�y G u C- Gn� ( 6� c ke119 W/c.rk � �I13 !'" CORRJICTION AND TIME LIMIT: ort YQfr1 hAVe . ' -en .C1!!) d cty1 + o CofreCf v )O ju+fUr�. b ���;•;�•- .:•� • �' � y `-I /1,5i l`rya Nag Ibs UTION DATE: x(474 Y'OU ARE HEREBY NOTIFIED TO CORRECT THE ABOVE VIOLATION($) WITHIN THE TIME LIMIT SPECIFIED, FAILURE TO COMPLY WILL RESULT IN CHARGES 11KING PILED AGAINST YOU WITH THE CODE ENFORCEMENT BOARD OF THE CITY OF SOUTH MIAMI , FLORIDA. STATUTE 162.09 AUTHORIZED THAT REPEATED VIOLATIONS COULD RESULT IN AN ASSESSMENT OF A PINE Of UP TO $250.00 A DAY , WITHOUT HLARING , FOR EACH TIME THE VIOLA- Code Enforcement 0 firer' '/ 14!49 18b0979 - PARKS f [�I002i008 )+ f11'.�a��'•'1�'t�} �1� I �,L•I. •l.yx ;`L •'•i.':tt 1 !� :1.�1 P% rc1411� r^ •4 µ•• 1• .117' ` ; .;; • CITY''a ..:, MIAMI '.' j: •,; 5130,'SUNS :.;QRIVE� ' i•- CC.��.''II�Ifd►d'• 'pl umBINa, MIMI IC^U LION{N� � , ilc�i�a n►np,Vlr MAO AN 1Ns QTHE : :.v AS A - .6ou Alp,. PLY WIIP�CQCI .R IRENtETs ar�. �•,IZit'' ;.I . • �i Vq- T `o { ' THSRR IS- A 64AIIGC Or 'rWC"TV DOLUAAS (Sio&'00)•,�OIt'.a, I1C•-INaPiVCT,1QN CAI.-L,p WHICH MUST SC PA10 .TO ' 1!} GI'!'1G��i' hr�RORi WrON IMS WILL IIS Iisswis OII,..,•':' THiI1NS ONi''�I+AKa�':,�• .: � `••'� 1"•:'�.�y;^4�r t��,0110fNAN .� I7Mji Lei t 1 '.111���,' , • .!ti �t:t4,;�;R i�� F•I „ .1;�.(•Dy�' �i.,�� r .r ,�I•'.,1,3' t �.,� ., 1 )'i;'•.. r 1.' • 1�t.,fN 1 f'�Oclti, 1 EXHIBIT "B" LAW FIRM of JoRmD L. DID LA OeA. P.A. 6960 B.W. 72 AVENUE SUITE 408 MIAMI. FLORIDA 83155 JORGE L. DE LA OSA TEL: (305)662-9343 RICHARD J.ADAMS. JR. FAX: (305) 662-4937 August 15, 1990 Mr. David Walker Code Enforcement Officer South Miami City Commission 6130 Sunset Drive South Miami, Florida 33143 Re: Appeal of City Commission's Denial of Request for Variance by Marie Valenti, Heard July 31, 1990. Subject Property: 6865 SW 64th Street Lot 9, Block 3, TRANQUILITY ESTATES, , according to the Plat thereof recorded' in Plat Book 78 at Page 64 of the Public Records of Dade County, Florida. Dear Mr. Walker: Marie Valenti hereby appeals the City Commission's denial of her request for variance allowing a 21' rear -setback within an RJ-3 zoning district. As grounds for the appeal, Ms Valenti cites the following: 1. Ms. Valenti received no type of formal notice of the July 31, 1990, hearing, as required.;'by Section 20-5 of the Land Development Code of the City:..of- South Miami. 2. Ms. Valenti's remodeling of the subject property constitutes a nonconforming use, permiss �;� {:,under the Land Development Code of the City of Sou 1�:Kami. Section 4 .8 (B) (1) of the Code in ' '' pertine ,,;,part states.: A structure . . . . . . erected in conformance with dimensional requirements in effect`at the time of erection but which at a subsequent'.'date fails to conform . . . . . . may continue to be used . . . . . . Mr. David Walker Code Enforement Officer South Miami City Commission August 15, 1990 Page 2 Section 4 .8 (B) (2) (b) , referring to nonconforming uses as set forth in 4.8 (B) (1) above, further states: In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity . . . . The subject property was in existence prior to imposition of the current 25' setback requirement applicable to RS-3 zoned single family property, at a time when 211, was the effective setback limitation. At a minimum, the terrazzo floor of the subject property (mounted on a concrete base, and possibly a screened-patio with corresponding, columns and roof) existed prior to the City's raising the setback to 251 . As such, the subject property (as it currently stands and did so before the 251 setback limitation went into effect, at the 22.3' setback line) grandfathers the 25' setback limitation, and constitutes • a ;. permissible nonconformity under the Code. Closing off the existing patio in no way "increases the extent of nonconformity, " since the 22.3 ' setback remains unchanged. Ms. Valenti will submit record of the July 31, 1990, hearing as soon as the minutes of that hearing receive approval by Commission, and are accessible. Very truly yours, Richard J. Adams, Jr. Law Firm oft Jorge L. de la Osa, P.A. Attorneys for Marie Valenti RJA:pe cc: Marie Valenti a , MARTIN DAVID BERG, P. A. ATTORNEY AT LAW 19 WEST FLAGLER STREET SUITE 802.BISCAYNE BLDG. MIAMI,FLORIDA 33130 13051 371-1631 March 14, 1991 Richard J . Adams, Jr . , Esquire Jorge L,. - De La Osa, P.A. 4960 S .W. 72 Avenue Suite 403 Miami, Florida 33155 Re: Marie Valenti - Code Enforcement Board Dear Mr . Adams : Code Enforcement Officer David Walker has forwarded me your letter dated March 1, 1991, received March 11, 1991 by the Building, Zoning and Community Development Department of City of South Miami, regarding the captioned appearance on February 14, 1991. The Code Enforcement Board does not agree that the building permit was wrongfully denied or that it is without authority to assess a penalty for not having obtained a permit . A permit is available upon the same terms as it is to all other citizens . It is not available to any citizen when the requested construction would be in violation of City Building Ordinances . There are no appeals of the Code Enforcement Board ' s decision before the Code Enforcement Board . As indicated -at that meeting, 3nv further action would be through the Court system. Very truly yours, ' is On MARTIN DAVID BERG MDB/vlz cc: Building, Zoning T. and Communit_✓ Development LAW FIRM OF JOR.�� L. DE LA OsA. P.A. 4090 S.W. 72 AVENUE SUITE 403 MIAMI. FLORIDA 93166 i .1GE L. DE LA OSA TEL:tt(305)992-68,68 'HARD F. KONDLA 6 March 1 , 1991 MAR i 1941 Mr. David Walker B Z C D Code Enforcement Officer South Miami City Commission 6130 Sunset Drive S. Miami , Fl 33143 RE: Request For Appeal Of- Code -Enforcement Board' s Decision At - -Hearing Of February 149 1991/Marie Valenti/Section 301 , South Florida Building Code/Building Without A Permit. Subject Property: 6865 SW 64th Street, Lot 9, Block 3 , TRANQUILITY ESTATES, according to the Plat thereof recorded Plat Book 78, at Page 64 of the Public Records of Dade County, Florida Dear Mr . Walker: i Marie Valenti hereby appeals the Code Enforcement Board' s assessing penalties against her for alleged violation of ,decision Section 301 of the South Florida Building Code (building without a permit) . The City is without authority under both City Code and State Law to assess a running penalty against Ms. Valenti while at the same time wrongfully denying her issuance of a building permit. Ms. ,time remodeling of the above-referenced property constitutes a permissible nonconformity under the Land Development Code of South Miami . She diligently sought a building permit , but the City denied same without any basis . The City is without justification to assess a running penalty against Ms . Valenti for not having a building permits while at the same time preventing her from obtaining same. i Ms. Valenti will submit record of the February 14, 1991 hearing as soon as the minutes of that hearing receive approval by the Board and become accessible. Wly s , R ic and J . Adams, Jr. i Law Firm Of: i V i i Mr . David Walker Page 2 Jorge L. De La Osa, P.A. Attorneys for Marie Valenti i RJA/JM WALKER.LTR j i cc: Marie Valenti Sonia Lamas Martin D. Berg, Esq. 1 i i