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Res No 093-22-15846RESOLUTION NO. 093-22-15846 A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. WHEREAS, on September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunnas Fit, LLC ("Stunnas") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions. A copy of these orders is attached to this Resolution; and WHEREAS, pursuant to Section 20-3.6(V) of the City's LDC the City Manager scheduled a hearing to determine whether to revoke Stunnas' City of South Miami Business Tax Receipt/Business License; and WHEREAS, Section 20-3.6(V)(7) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90- day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. ; and WHEREAS, the Notice to Show Cause was initially scheduled for November 8, 2021, a copy of which is attached to this resolution. The Notice alleged that Stunnas Fit LLC committed four ( 4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i. e., February 12, 2021; February 20, 2021 ; March 6, 2021; March 31, 2021, and Stunnas Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i. e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021; and WHEREAS, the hearing was rescheduled at the request of Stunnas and was eventually heard on June 20, 2022. A copy of the Notices of Hearing are attached to this Resolution; and WHEREAS, on June 29· 2022, the City Manager rendered her decision, a copy of which is attached to this Resolution; and Page 1 of 3 Res No. 093-22-15846 WHEREAS, on July 29, 2022, Stunnas filed a notice of appeal. A copy of which is attached to this Resolution; and WHEREAS, on August 8, 2022, the City Clerk notified Stunnas Fit LLC that its appeal would be heard by the City Commission on August 16, 2022. A copy of this notice has been attached to this Resolution; and WHEREAS, Section 20-3.6(V)(7) (c) provides for an appeal of a decision of the City Manager and it states: Appeal. A decision by the City Manager to suspend (including a suspension due to a noise violation governed by this Subsection (V) or to revoke a BTR or permit for failure to comply with these regulations may be appealed by the property or business owner to the City Commission pursuant to the appeal procedure set forth in Section 13-105 of the City's Code of Ordinances. Notwithstanding anything contained in Section 13-105 to the contrary, an appeal must be filed with the City Clerk within thirty (30) days ofreceipt of written notice of the City Manager's decision. An appeal of the City Manager's decision stays the implementation of the City Manager's decision unless the activity in question clearly meets the definition of a nuisance as defined in this Subsection 20- 3.6(V). The City Commission must hear and enter a decision within sixty (60) days from the date the appeal is filed. The City Manager's decision must be in writing and indicate the grounds for this action and the provisions of the City's Code that have been violated, if any, and/or the nuisance that exists as defined in this Subsection 20-3.6(V). WHEREAS, Section 13-105 authorizes an appeal to the City Commission and authorizes the City Commission to reverse, affirm or modify any order, requirement, decision, or determination appealed from, and may make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The foregoing recitals are based on competent substantial evidence and are hereby ratified and incorporated by reference as if fully set forth herein; and Section 2. The decision of the City Manager made on June 29, 2022, regarding Stunnas Fit LLC is hereby affirmed. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final Resolution for signature. Section 4. Severability. If any section, clause, sentence, or phrase of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding will not affect the validity of the remaining portions of this Resolution. Page 2 of 3 Res . No. 093 -22 -15846 Section 5. Effective Date. Th is Re so luti on is effecti ve upon adoption. PASSED AND ADOPTED th is 16th day of Aug ust, 2022. ATTEST: Wt cJL" ~ C IT Y ~LERK () READ AND A PPROV ED AS TO FORM, LA NGUAGE. LEGALITY. AND EXECUT ION THE Page 3 of 3 COMMISSION VOTE: Mayor Philip s : Comm iss ioner Harri s: 5-0 Yea Yea Comm iss ioner Liebman: Yea Comm iss ioner G il : Yea Comm iss ioner Corey: Yea Agenda Item No:12. City Commission Agenda Item Report Meeting Date: August 16, 2022 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. 3/5 (City Clerk) Suggested Action: Attachments: Resolution_re_Appeal_of_Stunnas_Fit.docx Order re Case No. 21-00251.pdf SMO 21-00122_20211008081904.pdf SMO 21-00177_20211008081814.pdf SMO 21-00179_20211008082028.pdf SMO 21-00180_20211008082117.pdf SMO 21-00226_20211008082841.pdf SMO 21-00227_20211008082249.pdf SMO 21-00230_20211008082337.pdf SMO 21-00231_20211008082445.pdf SMO 21-00232_20211008082532.pdf SMO 21-00233_20211008082752.pdf SMO 21-00310_20211008082925.pdf SMO 21-00317_20211008083030.pdf Let G. Varona - Stunnas Oct 14, 2021 related to hearing on Nov 8 2021 (1).pdf 1 Let G. Varona & Consolidated - Stunnas Mar. 23, 2022 related to hearing on Apr. 25, 2022.pdf Let G. Varona & Consolidated - Stunnas signed Mar. 23, 2022 related to hearing on Apr. 25, 2022.pdf Email confirming Show Cause Hrg continue to June 1, 2022.pdf Email to Teal re Cont. to June 20..pdf Stunnas Appeal of City Manager 6-29-22 Decision.pdf Email from Clerk to All parties re Appeal Hrg Aug 16, 2022.pdf Clerk's Notice of Appeal Hrg with Commission.pdf MDBR Ad.pdf MH Ad.pdf Exh 1 Notice to Show Cause Order.pdf Exh 2 - Email Notices of Show Cause Hrgs.pdf Exh 3 Emails re re-setting Apr. 25 Hrg..pdf Exh 4 Em CA to Teal re Cont to June.pdf Exh 5 & 6 Emails with Teal setting Hrg. for June 20, 2022.pdf Exh 7 Em Vega to CA confirming June 20 Availability.pdf Exh 8 -All relevant Sp Magistrate Orders.pdf Exh 9 Sec. 20-3.6(V) (Amended 09-07-2021).pdf Exh 10 Screenshot of Varona 9-7-2021 C Mtg.pdf Exh 11 Complaint Affidavir Milian 12-04-2021 outside Act..pdf Exh 12 CNOCI 21-00181 issued 05-21-2021 Operating before 6 am.pdf Exh 13 Stunnas BTR 2021.pdf Exh 14 MaxCouper Em with Stunnas Fit Webpage Sch of Activity before 6 am.pdf Exh 15 Stunnas Fit Webpage re services and hours.pdf 2022.06.20 Stunnas meeting transcript.pdf 2 6 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 TAX FOLIO NO: 09-4025-012-0500 6600 SW 62 Avenue PROPERTY LOCATION: South Miami, Fl. 33143 OWNER: CONSOLIDATED RESEARCH AND PLANNING CORP ALLEGED VIOLATOR: TENANT: STUN NA'S FIT LLC CASE NO.: I 21-00251 I HEARING DATE: I Mav 20 , 2022 FINDINGS OF FACT: 1. T lj.P-FOLLOWING ARE APPLICA o/ TO THIS HEARJNG (check appropriate boxes) [5 VIOLATOR(S) PRESENT tl VIOLATORS AG ENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED : ~NSPECTOR'S TESTIMONY ~ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □,,.F IELD REPOR TS □ PLAN(S) / MAP(S) i;:YPHOT ~ ..,P ROOF OF OWN ERSHIP (REAL AND/OR PERSO i0""0 T HE R (IN,VOIC ESY!!. i 9 ::3 1fPND~NCE, ET t.S :M-<l ll~ 3. SUMMARY OF EVIDENCE PROVl~D: af 1kR::::. ,.,_,., __ ~.,,,. Ct! . A. BY DEPARTMENT: ~E VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY ANDO.IQ ; COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE I fl. OF O RDINAN 0 □ OTHER_~~~'=,JJ.LL-',).___L~(d.-_.l!'.l,~~4,J.:.J.Y.~~~~--=----==-ltL~..../L~..J.Lf-_---:~~I B. BY ALLEGED VIOLATOR(S): ~STIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER _____________ ---,I'~---------------- 4. BASIC UNDERLYING FACTS: DEPARTMENT IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explana ti on if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDEN a{j-0 INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~ES □ NO 7 6. UL TIMAT~FI DINGS: A. IT E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER b)(1) OF THE LAND DEVELOPMENT CODE . DON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) . '1 fj _,i,u ~ UILTY □ NOT GUILTY OF THE SUBJ ECT VIOLATION. / ()'--7 ~, C. IT IS HEREBY ORDERED THAT THE FOLLOWl p--}CJ 10 7 p ~7},~t (U/15 f~ J~ ~1 QOQ, / _ 1.Violator(s) shall pay to the City Clerk$ 3 t/ 0. btJ ~vir;;,;lty for each vi ola tion ) an d fd No,/eft)W, $ ta S . DO (hearing costs), totaling\ 3 g b-0 ~ 'J.o"J..{ (NOTE : if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) mz nt h fr om the time the lien is file d.) 2. Dea d line for compliance □ SHALL be extended to (Date)____ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE : Special Magistrate's Decision inco rp May 20, 2022 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON, mtJ.1 2Q, 20.ZZ 8 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOJ ; O; Ct}-t/025-0J.2, 050) OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLA TOR: PLANNING CORP 6796 SW 62 AVE S MIAMI. FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00122 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABy(TO THIS HEARING (chec k appropriate boxes) □ VIOLATOR(S) PRESENT ¢" VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY 0 INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOT G HS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROP □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) _:J.:a_r::/J~2M-flf=_LfJ.'..2..:_ffl~~~U2~-- 3. SUMMARY OF EVIDENCE PROVIDED: 4. B. BY ALLEGEDVIOLATOR(S): □ TESTIMONY (UNDEfiOATH) ;::a TESTIMONY OFFERED i/4THER A cyi, C/'e-ftf of (,Q!!J/(.12)( BASIC-;;NDERL YING FACTS: DEPARTMEN:✓i : □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EVID E E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? YES □ NO 9 6. ULTIMATE FINDINGS : A. IT IS r.4 DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION v ~~S □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.S{V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI, FLORIDA. B dsED ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥'GUILTY □ NOT GU I LTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1. Violator(s) shall pay to the City Clerk$ ~O, <TU (civil penalty for each violation ) and $/~S,'Cln ' (hearing costs), totaling =$---'-(f-4,-----7~l5~-_H) ______________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the v iolator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed .) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above , an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIO DER: \{'a.QJLoiWLr- nYl /21Ut □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Mag istrate's Decis ion incorpo ra s September 24 , 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision , you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances , no later than 30 days from the date the Special Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON : ____________ _ CLERK 10 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PL UM TERR A DON PB 48-38 N1 00FT BLK 5 LOT SIZE 10000 SQU ARE FEET roL1Cx oq -402/;-01-2-osco OR 21958-0616 12 2003 6 PROPERTY LOCATION : 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLA TOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00177 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABL)i'tO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ~VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDE,CE WAS OFFERED: e{;~N PECTOR'S TESTIMONY r/ INS PECTOR 'S AFFIDAVIT □ ELD REPORTS □ PLAN(S) / MAP(S) e:f' PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) 4 THER AFFIDAVITS f/ PHOTOGRAPHS CTO TH ER (INVOI CES , CORRESPONDENCE , ETC ... ) ________________ _ 3. SUMMARY OF EVIDENCE PROV_;P ED: 5. A. BY DEPARTMENT: 0fHE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER ________ ------.-...---------------=~----.--=-+-----□ yru_-b-t,~ ~inr~ sf w,~ ~+ Efif ~ vat.e ~ /afr~~"frlO [(Ul?,C'll ~ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ N~ TESTIMONY OFFERED J;f yt'o THER ~;f!:J'7!r ~tr,:-, F,f.d~i~tf5l1ti::_::!f:j, 4 . BASIC UNDERLYING FACTS: DEPARTMENT □ IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EV l DEN E TO INDICATE THATTHE VIOLATOR(S ) IS/ARE RESPONSIBLE FOR THE SUBJECT VI OLATION ? YES □ NO 11 6. ULTIMATE FINDINGS : A. IT'S 4 DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION ~ ;~S □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.S(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. -L SED ON THE FORGOIN G, TH IS SPECIAL MAGISTRATE FINDS THE VIOLA TOR(S) ~8UILTY □ NOT GU I LTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN : 1.Violator(s) shall pay to the City Clerk $~--~Q~·~O~--,.... $ f:;Jf;;L!) (hearing costs), totaling =--~~.,.rv-•~""....,o#X---------------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dad e County which shall con tit ut e a li en against the violator's property, real or personal. The C ity may fo reclo se o n a ny s uch lie , w hich rema i ns unpaid after t hree (3) mo nt hs from t he time t he li en is fi led .) ~ {R__~ 2 . Dea d lin e for com pli ance S HALL be exte nded to (Date)____ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above , an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: (NOTE: Special Magistrate's Decision incorp or (e~ny a Se ptember 24, 2021 _/_ \.-=---+-c----' ....... -='--...,._ __ --4-~~1----='->.L=------- Date Decision Rendered S NOTE : If you w ish to appeal the Special Magistrate 's decision , you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances , no later than 30 days from the date the Special Magistrate 's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ___________ _ CLERK 12 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI , FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET ,--o· OR 21958-0616 12 2003 6 r1 ., 2-rJ5CXJ PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 ALLEGED VIOLATOR: CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 33 143 -3 306 TENANT: Stunna's Fit CASE NO.: 21-00179 HEARING DATE : Se tember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEATVIOLATION □ CONTINUING VIOLATION □ COMPLIANCE D HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: r;/i'NSPECTOR 'S T ESTIMONY 6 1N SP ECT OR 'S A FFI DA VI T of OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) 0 PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PJ W PERTY) C. a.._v el,0-.~c.~ , I a QIOTH ER (l vo IcE~, coffs PONDENCE, ETC ... ) ...... 1/........,.,,,& ,.,..('2_4::1"=("-+-' ~U ...... o-j _'6 bb'--"'-'U·-=t--~Cd:~lv-·h-f__.L..,... .... --__.:b-.,..___ 3. SUMMARY OF EVIDENCE PRO IDED : 4 . A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENALTY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2 -25 OF THE CODE OF,.DRDI NA N ES OF THE CITY OF OUTH~MI , FLORIDA. ta'OTHER -1-~..L..-1--l..J.,""""-'c.=:;L__.s......:~!:......a...-=-l'-Y-Jt.Lµ.-"""'-"'----'---f---'~~=-=---4'-!.l..L.!4'.f..L--¼f--=......:_.x..L:...4~~L__- □evid_ B . BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) Zo TESTIMONY OFFERED l2f OTHER ~t cO'-:ni: &f C!p-tA/j,M BASIC UNDERLYING FACTS: DEPARTMENT er1s □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMP ETENT EVIDEN Q'E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VI O LATIO N ? l!:'.(y Es □ NO 13 6. ULTIMATE FINDINGS: A. IT IS L E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION M~~s □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PRovIsI0Ns OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. Af!('S ED ON THE FORGOING, TH IS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) fit'"GUILTY □ NOT GUILTY O F THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 S"°O. L!O (civil penalty for each violation) and (hearing costs), totaling =$-~-l--i~-.,..__.0-0,,,_=--------------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL PROVISIONS OF ORDER : D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorp o September 24. 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate 's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON: ____________ _ CLERK 14 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & . CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET F='OLt o: OQ-4025-02-0500 OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-001 sa I HEARING DATE : I September 24. 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLy4o THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ✓VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~SPECTOR'S TESTIMONY if!NSPECTOR 'S AFFIDAVI T ~ER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPHS .-Er'PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P~O ERTY ) , n _ . ( ~- g-cjTHER (INVOICES, CORRE ~~N-~jci E, ElI;..) ~-f V, b&Q-d / {1Uj/_J1 r,q 3. SUMMARY OF EVIDENCE PROVIDED: / IA'....,"/1 ~ JO ~ 1 /C//1 • c_) 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □OTHER ______________________________ _ □ B. BY ALLEGED VIOLA TOR{S): □ TESTIM ONY UNP,.E R OA TH) □ NO TESTIMONY OFFER E D ""O TH ER ' -. { , h ,b BASIC UNDERLYING FACTS : DEP ARTMENT ✓,S □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVID E~ TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECTVIOLATION?i0YES □ NO 15 6. ULTIMATE FINDINGS : A. IT IS _,/4 E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION M WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.S(V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI, FLORIDA. 8 . 4-sED ON THE FOR G OIN G, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) if"'GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT 15 HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1. Violator( s) shall pay to the City Clerk $ 3 'f D fl---() 7 ) cjjl penalty for each violation) and $ /()._ S: /)--{) (hearing costs), totaling ..L$_'£JQ__,__ --='---~--' _Qf)_......._ _________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the v iolator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected .) 7. ADMINISTRATIVE NOT AT IONS: □ SPECIAL PROVISIONS OF ORDER: e,._cR_'fl, /"\Isl {f;fi □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS : Se ptember 24 , 202 1 Date Decision Rendered uarez-Rivas, Esq. NOTE : If you wish to appeal the Special Magistrate's decision , you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 16 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 PROPERTY LOCATION: ALLEGED VIOLATOR: LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI. FL 33143-3306 TENANT: Stunna's Fit CASE NO.: 21-00226 HEARING DATE: FINDINGS OF FACT: 5-012-OE:CD Se tember 24, 2021 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) 5. D VIOLATOR(S) PRESENT D NON-COMPLIANCE D CONTINUING VIOLATION D HEARING RESCHEDULED D DECISION DEFERRED D VIOLATORS AGENT PRESENT 0 NON-PAYMENT OF CIVIL PENAL TY 0 COMPLIANCE 0 APPEAL WITHDRAWN 0 CASE WITHDRAWN D FAILED TO APPEAR 0 REPEAT VIOLATION 0 HEARING CONTINUED □ VIOLATION DISMISSED D OTHER ______ _ 8. BY ALLEGED VIOLATOR($): STIMONY (UNDER OATH) D NO TESTIMONY OFFERED D OTHER --+~L.L.J"-'-L.:....r.<.!~-6_._,_---=~"ff-J'--'---+L:F-'-'~~-=-=,f-----ir-+fif-=+,i.,~<!¥------.-------- 4 . BASIC UNDERLYING FACTS: DEPARTMENT IS D IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDEN~~ INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?~~ u □ NO 17 6. ULTIMATE FINDINGS: A. IT IS TH ~ETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □¼s □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. B. Bt!(S ED ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) V GUILTY □ NOT GUil TY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN : 1.Violator(s) shall pay to the City Clerk$ ~0 0 , tJ-0 (civil penalty for each violation) and $ la -S:r:v ,. (hearing costs), totaling ~$_ ..... (d ___ ¼,d-_.........,S_..'-T---...,[rD'------'=----------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: September 24, 202 1 Date Decision Rendered ... NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances , no later than 30 days from the date the Special Magistrate 's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON : ____________ _ CLERK 18 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FnL J o;· {J::j-l/025-Gi2-{)5[0 OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00227 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1 . THE FOLLOWING ARE APPLICAB ✓r o THIS _HEARING (ch eck appropriate boxes) □ VIOLATOR(S) PRESENT if VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLL~ING DEMONSTRATIVE EVIDENCE WAS OFFERED: 6 INSPECTOR'S TESTIMONY ✓iNSPECTOR'S AFFIDAVIT □ ...errH ER AFFIDAVITS 11 FlELD REPORTS □ PLAN(S ) / MAP(S) 0 PHOTOGRAPHS IZf"'. PROOF OF OWNERSHIP (R EAL AND /OR PERSONAL PROPER TY) ,1 . C, -11 ' 6~ ~~~R-£ta(r~ORRESPONDENCE , ETC ... ) ?ec b ms;} J-r4{;rl_hviJ t>l obi!..Tf3 3. SUMMARY OF EVIDENCE PROVI ~ 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER -------------------------------□ / B. BY ALLEGED VIOLATOR(S): ~ESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER ______________________________ _ BASIC UNDERLYING FACTS: DEPARTMENT ~ □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE : WHETHER THERE IS SUB STANTIAL COMPE TEN T EVI DEN~O INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSI BLE FO R THE SUBJECT VIOLATION ?.0YES □ NO 19 6. ULTIMATE FINDINGS: A. IT IS ~ DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION ~ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.6(V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI, FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 'J #o 8---o (civil penalty for each violation) and $ /d, .$:. t>-tJ (hearing costs), totaling $ f-{i; 5, 0-V (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorporates ~1:i:1· istrativ Septembe r 24 , 2 021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's dec ision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 20 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCOPLUM TERR ADON PB 48-38 N1 00FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 200 3 6 FOLi PROPERTY LOCATION : 6600 SW 62 AVE SOUTH MIAMI FL 33143 ALLEGED VIOLATOR: CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: 21-00230 HEARING DATE: Se tember 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS D .,jlROOF OF OWNERSHIP (REAL AND/OR PERSONAL P · R :fJY) f 1 (2 _ T _j_ /_ J □ FIELD REPORTS □ PLAN(S) / MAP(S) ~ □ PHOTOGRAPHS j2fOTHE R (INVOICES, CORRE S ~NDE NC~ ... ) ~iA'4' V:/1t9(;tt: ftiPdJ Df,,, ' 3. SUMMARY OF EVIDENCE PROVIDE g;h 1t i5 {) e'J Dr ':to~/TI I I O() t:l /rrt~trlv fq/~. 5. 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIO~Sl,F CHAPTER 2-25 OF THE CODE raT~~~A~~ T~ldt~ ~L[)'BA. J/oA ,>er J B. BY ALLEGED VIOLATOR(S):✓ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED ~JI / □_:;;;~;!/!/!!/;~~~ (}1 c Vc rmc, 1 in;(qf' mrui'lf0'"11l/ BASIC UNDERLYING FACTS: DEPAR<,.;;L NT □ IS ~T CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further ex planation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDENCE TO I . ICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?□ YES NO 21 6. ULTIMATE FINDINGS*. A. IT IS THE DETE · !NATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □ WAS WAS OT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.6(V) OF THE LAND DEVELOPM T CODE OF THE Cl1Y OF SOUTH MIAMI, FLORIDA. B. BASED ON THE ·ORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk $ ·72 ~ (civil penalty for each violation) and $ ??!:1 --!....L. ......... L-JLP----(hearing costs), totaling =-------------------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: _ / ~PEc1AL PRovIs10Ns oF oRoER: ~l ..,Jl iNJJ vt(/,(/J/ Te..rl,n~7d) :U tr c:,d/1<MJ /J 1:~2£:' kJf}f □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision inco rporate n dm ' September 24 , 2021 Date Decision Rendered Special NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 22 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI , FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FlJL i O .: QC?-L/D25-0.2-2-05d) OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna 's Fit CASE NO.: I 21-00231 I HEARING DATE: I Seotember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON -COMPLIANCE □ NON -PAYMENT OF CIVIL PENALTY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED : □ INSPECTOR 'S TESTIMONY □ INSPECTOR 'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) 3. SUMMARY OF EVIDENCE PROVIDED: A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □OTHER _______________________________ _ □ 8 . ,BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER _______________________________ _ 4 . BASIC UNDERLYING FACTS: DEPARTMENT □ IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE : WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDENCE TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?□ YES □ NO 23 6. ULTIMATE FINDINGS: A. IT IS THE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ ________ (civil penalty for each violation) and $ _______ (hearing costs), totaling~$ ___________________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER: □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Magistrate's Decision incorporates any administrative notations indicated.) Septembe r 24 , 202 1 Date Decision Rendered Special Magistrate Signature: Rafael E. Suarez-Rivas, Esq . NOTE : If you wish to appeal the Special Magistrate's decision , you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 24 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOLIO: m-l+DZn-O-12.--rECO OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00232 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICr THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ~ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~PECT OR 'S TESTIMONY ✓INSPECTOR 'S AFFIDAVIT □ 9THER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) [)/PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PR 9,e EBTY)_ { (\ J L~{_ 11 -,.,.J □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ///1£,.t) C7'L ~ r....t(T?[CJ}.,dlt1.JL 3. SUMMARY OF EVIDENCE PR ~DED, of!~ f~fl#p J ~ f-U,Z~ A. BY DEPARTMENT: l1THE VIOLATION WAS ISSUED IN ACCORDANCE ~t¼ THE E {;{~~ COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAP T R 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. 5. □ OTHER ______________________________ _ □ 8 . BY ALLEGED VIOLATOR(S) TESTIMO Y (UNDER OATH) · NO TESTIMONY OFFERED 4. 6 r OTHER __ o_,V--+-\.A..-'--(Yl~e,J~-/-'-----"'"'o-f_+--. ___,O"'---"'o/--'--'1)-=-.u.f=--~......,-=.,..--=--Vt_i>_,__,A'-'-'-~--c>___,\J..___ ___ _ BASIC UNDERLYING FACTS, DEPARTMENT Z □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE : WHETHER THERE IS SUBSTANTIAL COMPETENT EVID E" .("TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECTVIOLATION?6v~s □ NO 25 6. ULTIMATE FINDINGS : A. IT IS THE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.S(V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI, FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 JftJ t:>-iJ (civil penalty for each violation) and $ / d,"7 00 (he ari ng cos t s), to ta lin g ..... $ __ ltr:--J-~-..,...,Sr---'('-"-'.r:T__,_LJ.__ ________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER : □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Magistrate's Decision inco rporates Sep tem ber 24 . 2021 Date Decision Rendered NOTE : If you w ish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON : ____________ _ CLERK 26 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FZJU'O :(J)-t//:)25 -012-05Ci) OR 21958-0616 12 2003 6 PROPERTY LOCATION : 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 33 143-3306 TENANT : Stunna 's Fit CASE NO .: I 21-00233 I HEARING DATE : I Seotember 24, 2021 FINDINGS OF FACT : i: 1. THE FOLLOWING ARE APPLICAB TO T HIS HEARI NG (check appropri ate boxes) □ VIOLATOR($) PRESENT V IOL A TO RS A GENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED : 6iNS PECT O R'S T ESTIM ONY ' INS PECTO R'S AFFI DAVI T □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN($)/ MAP(S) □ PHOTOGRAPH7;-{ □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL Pf3..0J1E'¼ETY). r ~ /7 □ OTHER [INVOICES , CORRESPONDENCE, ETC ... ) l/2MIJ,~~('!s;1 , l,.,,!fJLg_~ 3. SUMMARY OF EVIDENCE PROVIDED : 0 N 4 . A . BY DEPARTMENT : □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER ______________________________ _ □ B . BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TEST IMONY OFFERE D1 JlfoTHER Try, I{ C'il ,&ii-of c& '+9-n~ ~{!;.,!( N,dr-d.mo ' BASIC UNDERLYING FACTS : DEPARTMENT ~ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW : 5 . FUNDAMENTAL ISSUE : WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDEN C ~j o INDICATE THAT THE VIOLATOR($) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~t □ NO 27 6. ULTIMATE FINDINGS: A. IT IS ~E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT T HE SUBJECT VIOLATION it{ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.6(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI , FLORIDA. E\faASED ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ~ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay t o the City Clerk$ 3 J-/1), D-r) (civil penalty for each violation) and .$ / 6-C5{) (hearing costs), totaling =-$---'-1/G-+-------==~==-..e..' _,fri)_--""'----------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision inccirpor September 24, 2021 Date Decision Rendered . Suarez-Rivas, Esq. NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ____________ _ CLERK 28 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET POLIO .~C£/-J./025--012-CbOD OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00310 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ DECISION DEFERRED □ CASE WITHDRAWN g 6~~:~~1Efwf 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY )~ □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ---rv+£""'@-Q,,e.;,c=-....... /-=~ .......... .___ _______ _ 3. SUMMARY OF EVIDENCE PROVIDED: A. BY DEPARTMENT:~ VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA . l"?'J_ :snOTHER ---.-:~-------------------==-----------r--- 6n~, ~.:...__,_-~rL-..1........:.) ___;R.:s~~~~~~~'So!r'Q__=-:. '--=----=--~-=----;l---=·~:.......__.:._::..___:_T'-=-a ___:_.,~c..+----2-.l-.=.!.!!~'---- i r c0-J"e__, n t/4 o l~ --l '6Y\ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED 4. □ OTHER ____________ _,... _________________ _ BASIC UNDERLYING FACTS: DEPARTMENT is □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE : WHETHER THERE IS SUBSTANTIAL COMPETENT EVID P-14 TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~~S □ NO 29 6. UL TIMA~DI NGS : • A. IT E DETERMIN ATIO N OF 1H IS SP ECIAL MAG ISTRATE THAT THE SUBJECT VIOLATION AS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE .CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. R ~S EO ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥'GUILTY □ NOT GU I LTY OF THE SUBJECT VIOLATION, C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1. Violator(s) shall pay to the City Clerk $ 3 4 0 J1> ( civil penalty for each violation) and $ /J...t;_ 00 (hearing costs), totaling $ J/w __ £:. {)V (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOJ" be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected .) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PRov1s10Ns OF ORDER: SC½1L £cdl (l:t./) +c~ o~ ::h L-M 0 *Yt~¥;i¥t;~-=~ d f Fli • es l>h --+Y\!l_ f(l.e,o I< • □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorporates September 24. 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON : ____________ _ CLERK 30 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit 025-()-12. -{)!::CC) CASE NO.: 21-00317 HEARING DATE: Se tember 24 , 2021 FINDINGS OF FACT: 1 . THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ NON-COMPLIANCE O NON-PAYMENT OF CIVIL PENAL TY D CONTINUING VIOLATION O COMPLIANCE □ HEARING RESCHEDULED D APPEAL WITHDRAWN □ DECISION DEFERRED □ CASE WITHDRAWN □ FAILED TO APPEAR □ REPEAT VIOLATION 0 HEARING CONTINUED □ VIOLATION DISMISSED □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY D INSPECTOR 'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ P:;v70TOG HS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PR ~JY) !--I □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ------~~~-~~----------- B. BY ALLEGED VIOLATOR(S): 0 TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER ____________ -+------------------- 4. BASIC UNDERLYING FACTS: DEPARTMENT IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EV ID E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? YES □ NO 31 6. ULTIMATE FINDINGS: A. IT I~ 4 E DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION tf 1~AS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF T H DE OF OR DINANC ES OF THE C ITY O F SOUTH MI AM I, FLORIDA. ED ON THE FORG OING , TH IS SPE CIAL MAGISTRATE FINDS THE VIOLATOR(S) LTY □ NOT GUILTY OF THE SU BJE CT V IO LATI O N. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 6 i./0 00 (civil penalty for each violation) and $ /J5 b-u (hearing costs), totaling _$1,;::;1/-!-J/o....,, ........... ---~-~ _crt")~---------- (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS : □ SPECIAL PROVISIONS OF ORDER: . a.-i-e-. ct. I □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decis ion incorporates · · · tatfo s indicate September 24 , 2021 Date Decision Rendered Spe nature : R af vas, Esq . NOTE : If you wish to appeal the Special Mag istrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate 's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: ___________ _ CLERK 32 THE CITY OF PLEASANT LIVING Office of the City Manager October 14, 2021 Gabriel Varona Managing Member Stunna's Fit ~LC 6600 SW 62 Av South Miami, Florida 33143 RE: Order to Show Cause Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunna's Fit, LLC ("Stunna's") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20-1.7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami, Florida. In each of these cases, Stunna's was first issued a notice of violation, without a fine and as a warning. Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3.6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; 33 (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. Stunna's Fit LLC committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i. e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i. e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, November 8, 2021 at 10:00 a.m., in the City Manager's conference room at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southmiamifl.gov 34 March 23, 2022 Gabriel Varona Managing Member Stunna's Fit LLC 6600 SW 62 nd Ave South Miami, Florida 33143 Consolidated Research and Planning Corp. Michael Miller 6796 SW 62 nd Ave South Miami, Florida 33143 RE: Order to Show Cause THE CITY OF PLEASANT LIVING Office of the City Manager Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunna's Fit, LLC ("Stunna's") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20-1. 7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami, Florida. In each of these cases, Stunna's was first issued a notice of violation, without a fine and as a warning. Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3 .6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** 35 Page Two (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. Stunna's Fit LLC committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i.e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, on April 25, 2022. at 9:30 a.m., in the Commission Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Sincerely yours, Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southm iarnifl.gov 36 March 23, 2022 Gabriel Varona Managing Member Stunna's Fit LLC 6600 SW 62 nd Ave South Miami, Florida 33143 Consolidated Research and Planning Corp. Michael Miller 6796 SW 62 nd Ave South Miami, Florida 33143 RE: Order to Show Cause THE CITY OF PLEASANT LIVING Office of the City Manager Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 2021, the Special Magistrate who hears code enforcement cases for the City of South Miami issued an order finding, by competent substantial evidence, that Stunna's Fit, LLC ("Stunna's") violated Section 20-3.6(V) of the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section 15-82.1 of the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20-1. 7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami, Florida. In each of these cases, Stunna's was first issued a notice of violation, without a fine and as a warning. Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3 .6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** 37 Page Two (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. Stunna's Fit LLC committed four (4) violations that were within a 90-day period from February 12, 2021 to March 31, 2021, i.e., February 12, 2021; February 20, 2021; March 6, 2021; March 31, 2021, and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, on April 25, 2022. at 9:30 a.m., in the Commission Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Sincerely yours, Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southm iarnifl.gov 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 1/7 Re: Stunna's Fit - Ch. 119 Public Records Request Pepe, Thomas F. <TPepe@southmiamifl.gov> Mon 4/18/2022 11:56 AM To:Johanna Vega <jvega@almazanlaw.com>;Teal, Kyle B. <kyle.teal@bipc.com>;Payne, Nkenga <NPayne@southmiamifl.gov> Cc:dwinker@dwrlc.com <dwinker@dwrlc.com>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Bynum, Carol <CBynum@southmiamifl.gov>;Carlos Silva <CSilva@silvasilva.com>;Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com>;Joseph, Stephanie <stephanie.joseph@bipc.com>;Office Services, Miami <miami.officeservices@bipc.com>;Erma Rodriguez <erodriguez@almazanlaw.com>;Sarah Denis <Sdenis@almazanlaw.com> The City Manager has agreed to continue the Show Cause hearing from April 25, 2022 to June 1, 2022 commencing at 9:30 am. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvega@almazanlaw.com> Sent: Friday, April 15, 2022 4:25 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma 38 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 2/7 Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit - Ch. 119 Public Records Request   EMAIL RECEIVED FROM EXTERNAL SOURCE June 1 and 7 is ok with Consolidated. Thanks  Johanna  Johanna Castellon Vega Almazan Law 7901 Ludlum Road, Suite 100 Miami, FL 33143 T: (305) 665-6681 x 8013 F: (305) 665-6684 jvega@almazanlaw.com From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Friday, April 15, 2022 4:02:46 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Johanna Vega <jvega@almazanlaw.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit - Ch. 119 Public Records Request   SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * Good afternoon – for the Stunna’s parties, we are available on June 1st, 7th, or 8th. Please advise. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 39 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 3/7 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, April 13, 2022 9:26 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit - Ch. 119 Public Records Request I have spoken to the City Manager and she is willing to reset the April 25th hearing if the property owner and Stunna's Fit can provide the City, by the end of this week, with three dates in May when they will be available and then the City Manager will choose one. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Thursday, April 7, 2022 3:48 PM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> 40 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 4/7 Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit - Ch. 119 Public Records Request You have other members in your firm who can attend and in any event the City does not intend to revoke Consolidated's license. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvega@almazanlaw.com> Sent: Thursday, April 7, 2022 3:29 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit - Ch. 119 Public Records Request EMAIL RECEIVED FROM EXTERNAL SOURCE Good afternoon, 41 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 5/7 Our office represents Consolidated, the property owner.  We recently received notice that there are matters set for hearing on April 15 and April 25 against Stunna’s and Consolidated.  April 15 is Good Friday and on April 25 I have an all day deposition on a case that is set for trial.  Therefore, I am requesting that both of these hearings be moved to an alternate date. Please confirm that both hearings will be moved and please advise the new date for the hearings.  Please advise if you have any questions. Thanks, Johanna     Johanna Castellon Vega | Attorney                                  Almazan Law LOGO  7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Thursday, April 7, 2022 11:27 AM To: npayne@southmiamifl.gov Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Johanna Vega <jvega@almazanlaw.com>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F. <TPepe@southmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com> Subject: Stunna's Fit - Ch. 119 Public Records Request Importance: High SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * Good morning, Attached please find the updated public records request sent on behalf of Stunna’s Fit. Regards, Kyle 42 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 6/7 Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, April 4, 2022 5:55 PM To: ben@benfernandezlaw.com Cc: Teal, Kyle B. <kyle.teal@bipc.com>; tania@benfernandezlaw.com; dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov> Subject: Hrg on Order to Show Cause re Revocaon of business license [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Firm] Pursuant to your client's request, attached is the notice of hearing on the Manager's order to show cause why Stunna's Fit's business license/ Business Tax Receipt should not be revoked. The hearing is set for April 25, 2022 commencing at 9:30 a.m. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your 43 5/5/22, 5:15 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQANlEWsvXpk8EvDmM%2F9hjFfk%3D 7/7 long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. 44 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 1/6 Re: Order re: City v Stunna's Fit Case No. 21-00251 Pepe, Thomas F. <TPepe@southmiamifl.gov> Tue 6/7/2022 3:16 PM To:Johanna Vega <jvega@almazanlaw.com>;'Teal, Kyle B.' <kyle.teal@bipc.com>;Shari Kamali <SKamali@southmiamifl.gov> Cc:'Gabriel Varona' <varona305@icloud.com>;'Ben Fernandez' <bfernandez@silvasilva.com> 31 attachments (25 MB) Let G. Varona & Consolidated - Stunnas signed Mar. 23, 2022 related to hearing on Apr. 25, 2022.pdf; 21-00122 CO 5_20220531160856.pdf; 21-00122 Exh C.1 - NOCI 21-00122 (Vio. Date 2021-03-31) VW outside activity .pdf; 21-00122 Exh C.2 - NOCI 21-00122 (Vio. Date 2021-03-31) VW outside activity Amended .pdf; 21-00177 CO 5_20220531161345.pdf; 21-00177 Exh B - NOCI 21-00177 (Vio. Date 2021-02-12) CB Outside .pdf; 21-00179 CO 5_20220531161243.pdf; 21-00179 Exh. C - NOCI 21- 00179 (Vio. Date 2021-02-20) JM & Police Outside.pdf; 21-00180 CO 5_20220531161446.pdf; 21-00180 Exh C - NOCI 21-00180 (Vio. Date 2021-03-06) JM Outside.pdf; 21-00226 CO 5_20220531161622.pdf; 21-00226 Exh C - NOCI 21-00226 (Vio. Date 2021- 05-29) Idling.pdf; 21-00227 CO 5_20220531161733.pdf; 21-00227 Exh C - NOCI 21-00227 (Vio. Date 2021-05-31) VW Outside.pdf; 21-00230 CO 5_20220531161838.pdf; 21-00230 Exh C - NOCI 21-00230 (Vio. Date 2021-06-05) Outside.pdf; 21- 00231 CO 5_20220531162023.pdf; 21-00231 Exh C - NOCI Outside VW 21-00231 (Vio. Date 2021-05-06).pdf; 21-00232 CO 5_20220531162140.pdf; 21-00232 Exh B - NOCI No. 21-00232 (Vio. Date 2021-06-07) CB Outside .pdf; 21-00233 CO 5_20220531162244.pdf; 21-00233 Exh B - NOCI 21-00233 (Vio. Date 2021-06-14) CB Outside.pdf; 21-00251 CO 5_20220531162557.pdf; 21-00251 Exh B - NOCI 21-00251 (Vio. Date 2021-07-02) CB PODs.pdf; 21-00308 Exh C - NOCI 21- 00308 (Vio. Date 2021-05-29) diesel vehicle idling Sec. 15-82.1 Varona.pdf; 21-00310 2021-07-26 NOCI 21-00310 re Bus idling Sec. 15-82.1 Stunna2.pdf; 21-00310 CO 5_20220531162341.pdf; 21-00310 Exh C - NOCI 21-00310 (Vio. Date 2021-07-26) diesel vehicle idling Sec. 15-82.1 Varona.pdf; 21-000317 CO 5_20220531162454.pdf; 21-00317 Exh 21-00317 B.1 - NOCI 21-00317 (Vio. Date 2021-08-24) CB diesel vehicle ideling Sec. 15-82.1 Stunna's.pdf; 21-00317 Exh B.2 - NOCI 21-00317 (Vio. Date 2021-08-24) CB diesel vehicle ideling Sec. 15-82.1 Varona.pdf; Attached is the original notice for the hearing that has been continued on numerous occasions at the defendant's requests and that will be heard on June 20th. Also attached are the certified copies of the Special Magistrate's orders that are referenced in the Notice of Hearing and the citations referenced in those orders. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e- 45 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 2/6 mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvega@almazanlaw.com> Sent: Tuesday, June 7, 2022 11:48 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; 'Teal, Kyle B.' <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: 'Gabriel Varona' <varona305@icloud.com>; 'Ben Fernandez' <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251   EMAIL RECEIVED FROM EXTERNAL SOURCE Good morning Mr. Pepe, Please send copies of the notices and citations that will be heard on June 20, 2022 at 9:30 am. Thanks, Johanna     Johanna Castellon Vega | Attorney                                    7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Johanna Vega Sent: Wednesday, June 1, 2022 10:06 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 Thank you for your response.   Yes, you did not receive an email from me with Consolidated’s availability, but the City received Kyle’s email which contained both Stunna’s availability and Consolidated’s availability.     Please provide copies of the notices for all matters being heard on June 20 at 9:30 am. Thank you, Johanna       Johanna Castellon Vega | Attorney                                  46 ,., -ALMAZAN LAW 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 3/6   7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, June 1, 2022 10:00 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: Re: Order re: City v Stunna's Fit Case No. 21-00251 SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * While I don't agree with your assessment of the facts since you did not provide a cmiment to any dates in June, the City Manager has agreed to connue the hearing as to Consolidated unl June 20th 2022 at 9:30 a.m. This is the same date and me to which the Snna's Fit hearing has been connued. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Johanna Vega <jvega@almazanlaw.com> Sent: Wednesday, June 1, 2022 9:49:11 AM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 EMAIL RECEIVED FROM EXTERNAL SOURCE Mr. Pepe, Kyle Teal provided dates for Consolidated’s availability in the email below.  I have highlighted the message for ease of reference.  Consolidated is available on June 23 and the 24, and if necessary will accommodate to make the June 20 hearing.   On May 18 you advised that the City Manager had granted “all” one last continuance so long as we provided dates in June – which we did.   I relied on your representation that the hearing was continued and am currently in my office not ready to proceed with a hearing on such short notice.  I have an associate that just resigned and my law partner is traveling on business.  I certainly did not expect that you would email at 9:38 am today to advise that this hearing was going forward against Consolidated today at 9:30 am.    47 ,.,, -ALMAZAN LAW --- 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 4/6 Moreover, it was my understanding that the June hearing was a show cause hearing against Stunna’s only the license revocation issue.   Please advise.   Johanna         Johanna Castellon Vega | Attorney                                    7901 Ludlam Road, Suite 100                                                Miami, Florida 33143   T: (305)665-6681 ext 8013   F: (305)665-6684   Paralegal:  Erma Rodriguez, erodriguez@almazanlaw.com  Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw                            From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Wednesday, June 1, 2022 9:38 AM To: Teal, Kyle B. <kyle.teal@bipc.com>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Johanna Vega <jvega@almazanlaw.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: Re: Order re: City v Stunna's Fit Case No. 21-00251 SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise cauon with aachments and links * Please be advsed that the hearing is on for today on June 1st at 9:30 a.m. as to Consolidated, since its aorney did not provided any dates in June when they were available. We expect them to be here at 9:30 today June 1, 2022. The manager is granng Stunna's a connuance unl June 20th at 9:30 a.m. There will be no further connuances or further opportunity to be heard if Stunna's or it's council failed to show up on June 20th. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Tuesday, May 31, 2022 10:16:13 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov> Cc: Johanna Vega <jvega@almazanlaw.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 48 ,,, -ALMAZAN LAW --- 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 5/6 EMAIL RECEIVED FROM EXTERNAL SOURCE Good evening, Counsel for Stunnas is available on Monday 6/20 and, unless her schedule has since changed, counsel for Consolidated is available on either 6/23 or 6/24. We tried to coordinate so that we could schedule the landlord and tenant on both dates but were unable to do so with busy summer schedules. Please confirm whether the City is willing to bifurcate the hearings so that counsels copied on this email can plan accordingly. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Friday, May 20, 2022 11:38 PM To: Teal, Kyle B. <kyle.teal@bipc.com> Subject: Re: Order re: City v Stunna's Fit Case No. 21-00251 Contact the city clerk and she will make arrangements to have the hearing burned to a CD or a flash drive. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Friday, May 20, 2022 4:49:21 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Johanna Vega <jvega@almazanlaw.com>; dwinker@dwrlc.com <dwinker@dwrlc.com> Cc: Erma Rodriguez <erodriguez@almazanlaw.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 EMAIL RECEIVED FROM EXTERNAL SOURCE Thank you. Please send me the video recording of the hearing as soon as possible. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Friday, May 20, 2022 1:36 PM To: Teal, Kyle B. <kyle.teal@bipc.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Johanna Vega <jvega@almazanlaw.com>; dwinker@dwrlc.com 49 8/11/22, 2:57 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 6/6 Cc: Erma Rodriguez <erodriguez@almazanlaw.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov> Subject: Order re: City v Stunna's Fit Case No. 21-00251 [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Firm] Attached is the order that was rendered today, May 20, 2021, by the Special Magistrate in case no. 21-00251.   Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e- mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. 50 Kyle B. Teal 305 347 5912 kyle.teal@bipc.com One Biscayne Tower Two South Biscayne Boulevard Suite 1500 Miami, FL 33131-1822 T 305 347 4080 F 305 347 4089 July 29, 2022 Via U.S. Mail & Electronic Mail Ms. Nkenga Payne City Clerk, City of South Miami 6130 Sunset Drive South Miami, FL 33143 NPayne@southmiamifl.gov Re: Stunnas Fit, LLC Appeal of City Manager’s June 29, 2022 Decision Dear Ms. Payne: Please be advised that this office represents Stunnas Fit, LLC (“Stunnas”). We hereby submit this notice of appeal of City Manager Shari Kamali’s decision, dated June 29, 2022. Please see the attached City-approved appeals form and the June 29th letter we are appealing. Specifically, and for detailed reasons on the record and that will be further provided, Stunnas objects to the City Manager’s decisions expressed in her June 29th letter that purport to, among other things, condition the renewal of Stunnas’ business tax receipt (BTR) on payment of pending fines from underlying code citations – all of which are currently being appealed vis-à-vis this appeal before the city commission, and one of which is concurrently being appealed in Miami- Dade Circuit Court. See Stunnas Fit LLC, et al. v. City of South Miami, case no.: 2022-000035- AP-01. Stunnas also objects to the City Manager’s unauthorized, executive modification of the code in order t o create a rule specific to Stunnas with regard to the City’s potential BTR revocation. Furthermore, please ensure the accuracy of the seemingly pertinent code provision found on Municode.com and please confirm that it governs this process: Sec. 13-27. - Appeals. (a)An appeal to the city commission may be filed with the city clerk upon a form prescribed by the city clerk. An appeal must be filed within thirty (30) days of the action taken which is the subject of the appeal. An appeal may be filed by any aggrieved person(s). 51 Buchanan Ingersoll· Rooney Stunnas Fit LLC Appeal to the City Commission July 29, 2022 Page 2 _______________________________________________________________________________________________________________________________________ BUCHANAN INGERSOLL & ROONEY PC :: One Biscayne Tower :: Two South Biscayne Boulevard, Suite 1500 :: Miami, FL 33131-1822 :: T 305 347 4080 :: F 305 347 4089 (b) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken or the city manager certifies to the city commission, after notice of appeal has been filed with him, that because of the facts stated in the certificate a stay would, in the officer's or the city manager's opinion, cause imminent peril to life or property, or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of this chapter. (c) If certification occurs in accordance with subsection (b) above, proceedings may not be stayed, except by a restraining order, which may be granted by the city commission or by a court of record on application, on notice to the officer from whom the appeal is taken, or the city manager and on due cause shown. (d) The city commission shall hear and enter a decision on all appeals within sixty (60) days of the date of filing such appeal, and shall provide due notice of the appeal to the parties. (e) The city commission may reverse, affirm or modify any order, requirement, decision or determination appealed from, and shall make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances. (f) When practical difficulties or unnecessary hardships would result from carrying out the strict letter of a provision, the city commission may, in passing upon appeals, vary or modify any regulation or provision of this chapter relating to business tax receipts, so that the spirit of this chapter is observed, public safety and welfare secured, and substantial justice done. (g) The city commission shall not be required to hear an appeal or application previously denied if it finds that there has been no substantial change in conditions or circumstances bearing on the appeal or application. (emphasis added). Please advise as to when we can expect to be placed on the commission’s agenda. Thank you for your attention to this matter. Sincerely, Buchanan Ingersoll Rooney PC cc. Johanna Vega, Esq. and Richard Asfar, Esq. Thomas Pepe, Esq., Shari Kamali, and City Commission 52 July 29, 2022 Stunnas Fit LLC c/o Kyle B Teal, Esq. Buchanan Ingersoll & Rooney PC 2 S. Biscayne Blvd. Suite 1500 Miami FL 33131 305-347-5912 kyle.teal@bipc.com 6600 SW 62 Ave. See City Manager's June 29th Letter attached See cover letter and City Manager's June 29th Letter attached. /s/ Kyle B Teal/s/ Richard N. Asfar Esq., FBN 68154 (as counsel for landlord for limited Consolidated Research & Planning Corp. for the sole limited purpose of authorizing tenant to pursue this appeal) 53 South Miami THE CITY OF PLEASANT LIVING Code Enforcement Division 6130 Sunset Dr., South Miami, FL 33143 Ph: (305) 663-6335 Fax: (305) 666-4591 Email address: Code@southmiamifl.gov REQUEST FOR APPEAL Date: ----------- Appellant's name and address: Violation address: Reason for appeal: NOCINo. CCINNo. Phone: --------- Fax: Email: --------- All appeals submitted by occupants/tenants shall be authorized by property owners. Property Owner's Signature For office use only: ' . Violation corrected: yes Y · no ¥ Payment received: yes Y no Y Ilequest approved: Appellant's Signature Notice received date: -------- Appeal received date: ______ ~ Appeal received by:----~~~- yes Y no Y (*} You may appeal the civil fine to the CE Special Magistrate in writing within 20 calendar davs from receipt of civil infraction notice (NOC!). W:\OFFICE SUPPORT DOCUMENTS\Forms\Req For Appeal.doc 54 June 29, 2022 Gabriel Varona Managing Member Stunnas Fit, LLC 6600 SW 62 nd Avenue South Miami, Florida 33143 Consolidated Research And Planning Corp. Michael Miller 6796 SW 62 nd Avenue South Miami, Florida 33143 THE CITY OF PLEASANT LIVING OFFICE OF THE CITY MANAGER RE: Hearing on Order to Show Cause Property Address: 6600 SW 62 nd Avenue, South M i ami, FL 33143 Dear Mr. Varona, Please find my determination following the Order to Show Cause Hearing held on June 20, 2022, .outlined below. I have considered all evidence presented as well as arguments and objections of all counsel involved. Background and Evidence Considered On October 12, 2021, and March 23, 2022, you received letters from my office scheduling a hearing in order for me to determine whether to revoke Stunnas Fit's Business Tax Receipt/Business License (BTR) pursuant to the City's Code. Following numerous requests for continuances requested by your attorney, the hearing was held on June 20th at 9:30 AM in the City Hall Commission Chambers. You were given the opportunity to present evidence and your argument as to why Stunnas business license should not be revoked. Prior to September 7, 2021, Section 13-16 of the City's Land Development Code read in pertinent part: The business tax receipt of any person for the operation of any business may be revoked by the city manager at any time, upon notice of violation of any of the provisions of the land development code or ordinances of the city; applicable 55 THE CITY OF PLEASANT LIVING OFFICE OF THE CITY MANAGER provisions of the county code; laws of the state; violation of the terms and conditions of any development permit, covenant, public restriction, or waiver; or for any other good and sufficient reason. On September 7th, the City Commission amended the Land Development Code, making it more beneficial for business owners, and adding conditions to be met prior to the revocation of a businesses' BTR. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR} or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** (b) Revocation. The City Manager may revoke the BTR or permit after a hearing if there have been three (3) or more violations of this Subsection (V) within any one 90-day period oftime and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked ; (ii)The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. The record clearly reflects that Stunnas Fit, LLC committed four (4) violations within a 90-day period (February 12, 2021; February 20, 2021; March 6, 2021; and March 31, 2021). Additionally, Stunnas Fit, LLC committed seven (7) violations within a 90-day period of time from IVlay 2021 to August 2021 (May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021; and August 24, 2021). For each of the aforementioned violations, on September 24, 2021, the Special Magistrate issued orders finding, by competent substantial evidence, that Stunnas Fit, LLC violated the City's Code. Final Determination and Additional Notes/Considerations Based on the City's Code, revocation of Stunnas Fit's BTR would be well within my right as City Manager. However, in an effort to work with you, as a business that is within the City and has shown a commitment to community service, and in hopes that Stunnas Fit will move forward in 56 THE CITY OF PLEASANT LIVING OFFICE OF THE CITY MANAGER compliance with all sections of the City's Code, I will withhold my final ruling to revoke Stunnas Fit, LLC's BTR at this time. It is important to note that after the date of this letter, if there is one (1) more citation issued by the City of South Miami (including noise violation), that is upheld by the Special Magistrate, I will immediately revoke Stunnas Fit's BTR without any further concessions or considerations. Furthermore, Stunnas Fit has been put on notice, on at least one occasion (Courtesy Notice of Civil Infraction Citation No. 21-00181, dated March 30, 2021) that it was operating in a manner not in compliance with the restriction on its BTR, which states that operating hours are limited from 6:00 am to 7:00 pm. Despite the notice, it appears that Stunnas continues to advertise a 5:45 am class on its website and operates prior to 6 am. Immediate correction is required, or a citation will be issued. Additionally, Stunnas Fit, LLC will be required to pay all the outstanding fines levied by the Special Magistrate, prior to the issuance of its BTR renewal. The fines will not be negotiated to a lesser amount. Sincerely, ~~~- Shari Kamali, ICMA-CM City Manager City of South Miami 8/11/22, 3:13 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAO5blRR18082u0CY38%2B9A3k%3D 1/1 Stunnas Fit, LLC Appeal Hearing Payne, Nkenga <NPayne@southmiamifl.gov> Mon 8/8/2022 4:14 PM To:Teal, Kyle B. <kyle.teal@bipc.com> Cc:Pepe, Thomas F. <TPepe@southmiamifl.gov>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Lyman, Chance <chance.lyman@bipc.com>;Joseph, Stephanie <stephanie.joseph@bipc.com>;Ric Asfar <rasfar@almazanlaw.com>;Johanna Vega <jvega@almazanlaw.com>;Carlos Silva <CSilva@silvasilva.com>;Ben Fernandez <bfernandez@silvasilva.com>;Maria Corghi <MCorghi@silvasilva.com>;Gabriel Varona <varona305@icloud.com> Good Aernoon, Aached please find noficaon of appeal hearing at our next City Commission meeng on Tuesday, August 16, 2022. Thanks, Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 (305)663-6340 office (305)663-6348 fax npayne@southmiamifl.gov www.southmiamifl.gov Please note: The state of Florida has a very broad public records law. Written communications, including emails, are therefore subject to disclosure to the public and media upon request. 57 58 August 8 , 2022 Via U.S . Ma il & Electronic Mail Ky le B. Teal, Esq. Buchanan [ngersoll Rooney PC One Biscayne Tower ~ ' sot,,, \.._ .'l -,,. .-✓ -.,, U I :: . . '· ~ . Two South Biscayne Boulevard , Suite 1500 Miami FL 33131-1822 Kyle.teal@bipc.com RE: Stunnas Fit, LLC Appeal of City Manager's June 29, 2022 Decis ion Dear Mr. Teal , The C ity of South Miami is in receipt of your July 29 , 2022 notice of appeal of City Man ager Shari Kamali 's decision of June 29, 2022. As per t he City of South Miam i 's Code of Ordinance Sec. 13-27 -Appeals , I'm notifying you that our City Commission will hear this appeal at the August 16 , 2022 City Commission meeting . Si ~,~ Nkenga A. Payne CMC, F CRM C ity C lerk cc: T homas Pepe Esq. City Attorney Shari Kamal i, City Manager South Mi ami txo,11 ii[P 2001 6130 Sunset Driv e South Mi a mi , Florida 331 43 -5093 • Te l: (3 05 ) 663-6340 • Fa x: (3 05 ) 66 3-63 4 8 www .s outhmiamifl.g ov 59 .. MIAMI -DADE STATE OF FLOR IDA COU NTY OF MIA MI -DADE: Before the undersigned authority personally appeared MARIA MESA , who on oath says that he or she Is the LEGAL CLERK , Legal Notices of the Miami Da ily Business Review f/k/ a Miami Review , a daily (excep t Saturday , Sunday and Lega l Holidays) newspaper , published at Miami in Miami -Dade Co unty. Florida ; tha t the attached copy of advertisement , be ing a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEAR INGS -AUG . 16 , 2022 Jn lhe XXXX Court, was published fn said newspaper by print in the Issues of and/or by publication on the newspaper's website , If authorized , on 08 /05 /2022 Affiant further says that the newspaper comp li es with all legal 101 publication in chapter 50 , Florida e this 5 . A.O. 2022 ~~ {SEAL) MARIA MESA personally known to me ,, ....... ,, "'--·"ARA i' 'Ol "$ ~>/'\"•~• <:-JI.., 1l ,r,n //'A'\ \ Commission # HH 187442 l~J.~-i! Expires November 2, 2025 ·•!,~kr,f.;?.°!:·· 8ood1d Thill Troy Fm Insurance B00-385-7019 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CM1) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/'i/3056636338 and participate. At a min imum, at least three members of the City Commission will be physically present in the City Commi ssion Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on T11c~ Au,,,_,,,ust..._,1"'6,...,.,=,,._,,_,...,_,_,"'--'= io cons ider the fo_llowing public hearing item{s}: A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution ~lating to the appeal filed by Stunnas Al LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. 60 An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present e,iidellcear ynu are 11~1&.te use ~ are procedures to follow and oth er options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at h : www.s.Q.uthrnjamifl . ov/580/Public-Meelin s-Notices. Anyone who wishes to rev iew pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. 1 The min imum standards for adopting a resolution or enacting an ordinance are set forth In 166.041 (4) ··• A majority of the members of the governing body shall constitute a quorum . An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution : ·- Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any dec ision made by a Board , Agency or Commission with respect , to any matter considered at Its meeting or hearing , a record of the proceedings will be requ ired for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal Is to be based . ADA: To request a modification to a policy , practice or procedure or to request an auxiliary aide or service in order to participate in a City program , activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663 -6340, by mail at 6130 Sunset Drive , South Miami, Florida or email at npayne@southmiamifl.gov. 8/5 Nkenga A. Payne, CMC, FCRM City Clerk 22-115/0000612701M SUNDAY AUGUST 7 2022 NEIGHBORS...................................................................................................19SE 61 1.00~- 19-Month CD Spec ial $500 Minimum 29-Month CD Special $500 Minimum 39-Month CD Special $500 Minimum 3.00~- 59 -M ont h CD Special $500 Minimum The best CD rates aren't just on line . They are at your neighborhood Third Federa l, too. With conven ient locat ions to serve you, ca ll or visit us today. Same great rates ava il ab le in-branch and at www .thirdfederal.com . ThirdFederal® SAVINGS & LOAN thirdfederal.com Call or visit one of our convenient locations. Boca Raton I 561-347-7433 • Delray Beac h I 561-637-6469 Greenacres I 561-964-6660 • North Palm Be ach I 56 1-630 -6488 Co ralSprin gs I 95 4-340-40 32 Member FDIC Hall an dale I 954 -45 7-2488 Pl ant at ion I 954 -4 72 -6039 HNI. Ol~0/111 1 5Tlf.N5KI f OU NOfU 'Annua l Percentage Yie ld (A PY) is accurate as of 7 /29/22. Mi ni mum depos it of $500 to open and earn stated APY. Depos its over $1,000,000 subject to review. CDs subject to pena lty for ear ly w ithdrawa l. An ear ly w ithdrawa l may reduce earn i ngs. Offers and rates sub ject to change at any t ime. Funds in sured accord i ng to FD I C i nsurance requ irements. ©2022 Third Fede ral ~ VILLAGE OF PINECREST Public Notice On Tuesday, September 13, 2022, at 7:00 p.m., the Village Council will conduct the following Public Hearing to be held at the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida: Hearing #2022-0913-1. Crimson Ibis, LLC (Owner), and Lou Campanile, Jr. (Applicant) are requesting approval of a preliminary subdivision plat ("Crimson Ibis") for the division of property and creation of two (2) single-family residential lots on property located at 9300 SW 60 Court, Pinecrest, Florida, within the EU-1, Residential Estate zoning district. Lot 1 is proposed to be 1.625 acres in net area; and lot 2 is proposed to be 2.619 acres in net area. Interested parties are invited to appear in person or virtually and be heard -Visit www.pinecrest-fi.gov/live for details. For additional information, you may contact the Building and Planning Department by calling 305.234.2121, via e- mail at planning@pinecrest-fi.gov or writing to the department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy of the application is on file. Refer to the Hearing Number when making an inquiry. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at 305.234.2121 not later than seven business days prior to such proceeding. Should any person decide to appeal any decision of the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). www.pinecrest-fl.gov Priscilla Torres, CMC Village Clerk CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday, August 16, 2022, at 7:00 p.m. to consider the following public hearing item(s): A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/ Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) ••• A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ••• 62 March 23, 2022 Gabriel Varona Managing Member Stunna's Fit LLC 6600 SW 62nd Ave South Miami, Florida 33143 Consolidated Research and Planning Corp. Michael Miller 6796 SW 62nd Ave South Miami, Florida 33143 RE: Order to Show Cause THE CITY OF PLEASANT LIVING Office of the City Manager Property Address: 6600 SW 62 Avenue, South Miami, FL. Dear Mr. Varona: On September 24, 202 I, the Special Magistrate who bears code enforcement cases for the City of South Miami issued an order finding , by competent substantial evidence, that Stunna's Fit, LLC ("Stunna's") violated Section 20-3.6(V) _g f the City's Land Development Code ("LDC") on 7 separate occasions, that it violated Section ) 5-82.1 o.f the City's Code of Ordinances on 3 separate occasions, and Stunna's admitted at the hearing that it was in violated of Section 20 -1. 7 of the City's LDC by failing to obtain a permit for two shipping containers that it placed on the property that Stunna's leases at 6600 SW 62 Avenue, South Miami Florida . In each of these cases, Stunna's was first iss ued a notice of violation, without a fine and as a warning . Therefore, in each of these cases there was a subsequent violation that occurred at a time when Stunna's was on notice of the ordinance that it was violating. I am scheduling a hearing to determine whether to revoke Stunna's City of South Miami Business Tax Receipt/Business License pursuant to my authority as set forth in Section 20-3.6(V) of the City's LDC. Section 20-3.6(V) of the City's LDC states: (7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of a structure may be revoked or suspended by the City Manager. *** 63 Page Two (b) Revocation. The City Manager may revoke the BTR or permit after a hearing ifthere have been three (3) or more violations of this Subsection (V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (I 0) days prior to the date of the hearing and an opportunity to show cause why the BTR or permit should not be revoked; (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. ~ ,... A ,/(' J. ~'J r;-W -~~ "\r,. Stunna's Fit LLC committed four ( 4) violations th{ :;re withint 92-day pe~ Febrnary 12 , 2021 to March 31, 2021, i.e., February 12, 2021; February 20 ,'2021; March 6, 2021; Maren 31, 2021 , and Stunna's Fit LLC committed seven (7) violations within a 90-day period of time from May 29, 2021 to and including August 24, 2021, i.e., May 29, 2021; May 31, 2021; June 7, 2021; June 14, 2021; July 2, 2021; July 26, 2021 and August 24, 2021. This letter serves to notify you that the hearing will be held on, on April 25, 2022. at 9:30 :a.m .. in the Commission Chambers at City Hall, 6130 SW 72 Street, South Miami, Florida 33143, to allow you an opportunity to show cause why the business license of Stunna's Fit LLC should not be revoked. The hearing will continue from day to day until completed. You will be given an opportunity to present evidence, to cross-examine witnesses that may be called for the City and present your argument as to why Stunna's business license should not be revoked. Shari Kamali, ICMA-CM City Manager City of South Miami City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305 .663.6338 I southmiamifl.qov 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Re: City v Stunna's Fit LLC Proposed Settlement Agreement Pepe, Thomas F. <TPepe@southmiamifl.gov > Wed 2/16/2022 5:07 PM To: Teal, Kyle B. <kyle.teal@bipc.com >;Shari Kamali <SKamali@southmiamifl.gov >;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov > Cc: Joseph, Stephanie <stephaniejoseph@bipc.com >;Post, Jacob B. <jacob.post@bipc.com >;Delgado, Patricia M. <patricia.delgado@bipc.com > The City received new complaints of sound coming from the gym and concerning outside activity. Your client had agreed that he would not continue to allow people visiting his gym to exercise outside of the fully enclosed gym and that he would not allow sound coming from the gym to be plainly audible 100 feet from the gym. Some of the videos show one of the gym's garage doors open, people coming and going from them, making noise, some people lifting weights, etc. Some of the videos are taken from Mr. Milian's patio that is more than 100 feet from the gym building and shouting can be heard from the gym that is plainly audible, including the words, "go" "go". The City is not going to proceed further with settlement negotiations in light of these current activities that occurred while the negotiations were ongoing and that violate the City's Ordinances. Please let us know when you are available this month, and in March, for the hearing to allow Stunna's Fit to show cause why its Business Tax Receipt should not be revoked. The following is a link to the videos: https://www.dropbox.com/sh/1f0qflna36z3v9n/AACfMxf9CAk417Lf34LdqMRva?dl=0 Videos from Dec 2021, Jan. 2022 and Feb. 2022 Shared with Dropbox www.dropbox.com Mtj EXHI IT a. https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MSO4NTIwLWMMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 1/17 64 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341 -0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, February 14, 2022 2:34 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL SOURCE Good afternoon — any updates? Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) https://outlook.office.com/mail/id/AAQIcADE4MGQ2YzMwLTkOMGEtNDEOMSO4NTMLWMMz03NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 2/17 65 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Re: City v Stunna's Fit LLC Proposed Settlement Agreement Pepe, Thomas F. <TPepe@southmiamifl.gov > Wed 2/16/2022 5:07 PM To: Teal, Kyle B. <kyle.teal@bipc.com >;Shari Kamali <SKamali@southmiamifl.gov >;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov > Cc: Joseph, Stephanie <stephaniejoseph@bipc.com >;Post, Jacob B. <jacob.post@bipc.com >;Delgado, Patricia M. <patricia.delgado@bipc.com > The City received new complaints of sound coming from the gym and concerning outside activity. Your client had agreed that he would not continue to allow people visiting his gym to exercise outside of the fully enclosed gym and that he would not allow sound coming from the gym to be plainly audible 100 feet from the gym. Some of the videos show one of the gym's garage doors open, people coming and going from them, making noise, some people lifting weights, etc. Some of the videos are taken from Mr. Milian's patio that is more than 100 feet from the gym building and shouting can be heard from the gym that is plainly audible, including the words, "go" "go". The City is not going to proceed further with settlement negotiations in light of these current activities that occurred while the negotiations were ongoing and that violate the City's Ordinances. Please let us know when you are available this month, and in March, for the hearing to allow Stunna's Fit to show cause why its Business Tax Receipt should not be revoked. The following is a link to the videos: https://www.dropbox.com/sh/1f0qflna36z3v9n/AACfMxf9CAk417Lf34LdqMRva?dl=0 Videos from Dec 2021, Jan. 2022 and Feb. 2022 Shared with Dropbox 4-1 A,411-www_dropbox.com https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTMLWMMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 1/17 66 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, February 14, 2022 2:34 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM EXTERNAL. SOURCE Good afternoon — any updates? Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDE0MSO4NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSyO%3D 2/17 67 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook From: Teal, Kyle B. Sent: Friday, January 28, 2022 4:34 PM To: 'Pepe, Thomas F.' <TPepe@southmiamifl.gov>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement Good afternoon, Attached please see our proposed (and hopefully final volley of) revisions. I've been in touch with counsel for Consolidated who may have proposed revisions as well, but I wanted to get you our thoughts ASAP in good faith. As the draft reflects, we've agreed to many of the City's substantive revisions. I think it would be helpful to talk about some of these issues — especially the severability paragraph. Please let me know if/when your schedule might allow for a discussion next week. I think we're very close to finalizing this, and a talk would be helpful to understand the logic behind both sides' proposals and would likely moot some of the concerns we may be having. If possible I would also like to get an update on Stunna's permit application to affix the containers. Thank you! Enjoy your weekend. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (in) From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Wednesday, January 19, 2022 2:58 PM To: Teal, Kyle B. <kyle.tealftbipc.com>; Shari Kamali <SKamaliPsouthmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LopezPsouthmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.post@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement Attached is your counter proposal with the City's revisions. I have included a comparison between what you sent and this revised proposal. The City Manager has no authority to agree to a waiver of any part of the Land Development Code. Therefore those provisions have been struck. https://outlook.office.com/mail/id/AAC)kADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 3/17 68 --------------------- 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Thursday, January 6, 2022 11:16 PM To: Shari Kamali <SKamalicasouthmiamifl.gov>; Pepe, Thomas F. <TPepsfflsouthmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.postfflbipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement R.ECEiVED FROM EXTERNAL SOURCE Thank you, Ms. Kamali. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Shari Kamali <SKamali@southmiamagov> Sent: Thursday, January 6, 2022 9:20 AM To: Teal, Kyle B. <kyle.teal@bipc.com>; Pepe, Thomas F. <TPepe@southmiamiti.gov> https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDEOMS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 4/17 69 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Cc: Joseph, Stephanie <stephanie.josephPbipc.com>; Post, Jacob B. <jacob.postPbipc.com>; Delgado, Patricia M. <patricia.delgadoffibipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement Good morning, Mr. pepe and I will review and respond ASAP. Thank you Best regards, Shari Kamali, ICMA-CM City Manager City of South Miami Office:305-668-2510 Southkiami From: Teal, Kyle B. <kyle.tealPbipc.com> Sent: Wednesday, January 5, 2022 6:50 PM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.josephfflbipc.com>; Post, Jacob B. cjacob.postl@bipc.com>; Delgado, Patricia M. <patricia.delgado@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement UMAIL, RECEIVED FROM IATFRNAL SOURCE I can confirm there are no further suggested revisions from the landlord's counsel. KT On Jan 5, 2022, at 3:01 PM, Teal, Kyle B. <Icyle.teal@hipc.com> wrote: Ms. Kamali & Mr. Pepe, Please see our proposed edits. The landlord's counsel was reviewing one last final time but I doubt she'll have any major substantive changes. If so, I will let you know right away. Thank you. Regards, Kyle https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwUNAMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 5/17 70 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Monday, January 3, 2022 2:39 PM To: Teal, Kyle B. <kyle.tealftipc.com> Cc: Shari Kamali <SKamalifflsouthmiamifl.gov>; Joseph, Stephanie <stephanie.josepii@bipc.com>; Post, Jacob B. <jacob.postfflbipc.com>; Delgado, Patricia M. <patricia.delgadoPbipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement We will wait until Wednesday, January 5, 2022, to see your proposal. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifi.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e- mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Monday, January 3, 2022 2:31 PM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov> https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDEOMSO4NT1wLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0°/03D 6/17 71 ------------- 6/1/22, 6:09 AM Mail - Pepe, Thomas F. - Outlook Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.joseph_Pbipc.com>; Post, Jacob B. <jacob.gasi@bipc.com >; Delgado, Patricia M. <patricia.delgadoPbipc.com >; Teal, Kyle B. <kyle.teal@bipc.com > Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RFC i JvI;D FROM EXTERNAL SOURCF Mr. Pepe, That is incorrect. My client remains interested in resolving this matter with City, as we'd agreed. I only just received the landlord's proposed revisions toward the end of last month (after a lot of follow up). I then took time over my family vacation last week to incorporate, harmonize and circulate (after various phone conferences) the final set of suggested revisions for approval by all interested parties on this side of the matter. With holiday travels plans, I'm not surprised that I haven't heard back from everyone yet, but I fully expect getting the green light to send to you and Ms. Karnali for your review. I could've sent our comments a long time ago but you'll recall I was trying to avoid piecemeal revisions being sent to you from the different parties, which I thought would be mutually beneficial. If the City remains interested in avoiding litigation, I expect to have the final revisions to you no later than Weds, 1/5. If you are nevertheless terminating settlement negotiations on behalf of your client due to the holiday lull, please advise so I can inform all parties. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, January 3, 2022 2:01 PM To: Teal, Kyle B. <kyle.tealftipc.com > Cc: Shari Karnali <SKamalipsouthmiamifl.gov>; Joseph, Stephanie <stephanie.joseptjfflbipc.com >; Post, Jacob B. <jacob.postPbipc.com >; Delgado, Patricia M. <patricia.delgadoPbipc.com > Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement I have not heard from you in a month. I presume that we cannot reach a settlement in this case and we will proceed with the hearing. Please advise me of your availability for the following dates and times: https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MSO4NTIwL1/MMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 7/17 72 6/1/22, 6:09 AM Mail - Pepe, Thomas F. - Outlook January 5, 2022, after 12 noon; January 7, 2022, all day; January 10, 2022, all day; January 13, 2022, 9 am to 1:30 pm; January 14, 2022, all day; January 19, 2022, all day; January 20, 2022, 9 am - 1:30 pm; January 21, 2022, all day. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe(&southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e- mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.tealftipc.com> Sent: Tuesday, November 30, 2021 4:33 PM To: Pepe, Thomas F. <TPera@southmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifi.gov>; Joseph, Stephanie <stephanie.josephPbipc.com>; Post, Jacob B. <jacob.postPbipc.com>; Delgado, Patricia M. <patricia.delgadoPbipc.com>; Teal, Kyle B. <kyle.tealPIDipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NT1wLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 8/17 73 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook I NA IL RECE1V LD FROM EX -I' RNAi, sou REF_ Good afternoon, Mr. Pepe. We have made revisions to the revisions you provided and I am waiting on my client's and the landlord's approval of same. I figured it'd save everyone some time if we package all proposed edits together in one document, rather than provide them to you in piecemeal fashion. I expect to have it to you this week. Feel free to contact me anytime if you'd like to discuss. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 3 0 5 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Friday, November 19, 2021 6:07 PM To: Teal, Kyle B. <kyle.teal@jpc.com> Cc: Shari Kamali <SKamali@southmiamifl.gov>; Joseph, Stephanie <stephanie.josephPbipc.com>; Post, Jacob B. <jacob.post(@bipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement Attached is the Agreement with the City's response to your edits. This proposed agreement is good for 7 calendar days. Thank you. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy()%3D 9/17 74 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e- mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B. <kyle.tealPbipc.com> Sent: Tuesday, November 16, 2021 10:16 AM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.josepji@bipc.com>; Post, Jacob B. cjacob.postPbipc.com>; Teal, Kyle B. <kyle.tealPbipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL RECEIVED FROM FATE-TAAL SOURCE Good morning — I was able to sign on through my hot spot while the plane is undergoing maintenance. Attached please find redlined and clean drafts of our proposed revisions to the Settlement Agreement. Please let me know if you would like to discuss before the meeting tonight. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Teal, Kyle B. <kyle.teal@bipc.com> Sent: Tuesday, November 16, 2021 9:54 AM To: Pepe, Thomas F. <TPepipsouthmiamifl.gov> Cc: Shari Kamali <SKamaliPsouthmiamifl.gov>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Post, Jacob B. <jacob.postPbipc.com> Subject: Re: City v Stunna's Fit LLC Proposed Settlement Agreement https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwITk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 10/17 75 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Understood. We've finished our proposed revisions and I just now received the client's final approval. I've boarded a flight back to Miami and I land at 1 pm. I will try to have my colleague, Jacob Post, send you our proposal in the meantime to avoid delay. Otherwise, I'll send it as soon as I land. Thanks. Sent from my iPhone On Nov 15, 2021, at 11:58 PM, Pepe, Thomas F. <TPepe@southmiamifl.gov> wrote: Since you have not accepted the terms of the settlement agreement within the 5 days that you were given, I will need to advise the members of the City Commission that the settlement agreement as drafted has been rejected by your client and that they cannot rely on it when deliberating on the amendment to Section 20-3.6(V). Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B. <kyle.tealPbipc.com> Sent: Wednesday, November 10, 2021 3:01:29 PM To: Pepe, Thomas F. <TPepePsouthmiamifl.gov>; Shari Kamali <SKamaliPsouthmiamifl.gov> Cc: Joseph, Stephanie <stephanie.joseph@bipc.com>; Teal, Kyle B. <kyle.tealPbipc.com> Subject: RE: City v Stunna's Fit LLC Proposed Settlement Agreement EMAIL kECEIVED FROM EXTERNAL SOURCE Thank you, Mr. Pepe. We have reviewed the draft settlement agreement and are currently making proposed revisions. I am endeavoring to make those suggested changes objectively fair and, hopefully, palatable to the City. In that spirit, during our meeting last Friday, you and/or Ms. Kamali (who I've looped into this chain) requested information or examples of other ordinances that implement the `100 foot rule.' Please see below concerning such language, as well as other common descriptive language that appears to have survived constitutional scrutiny. The case attached and the ordinances below will provide context behind our proposed revisions that, we respectfully submit, could serve to fortify the City's ordinances if adopted. Attached is a Middle District of Florida case holding the City of Daytona Beach's noise ordinance constitutional. Please note that the Middle District recognized the City's definition of "unreasonable noise" as "raucous," "jarring," "disturbing," and "nuisance" to be constitutionally sound and not overly vague. Summers v. City of Daytona Beach, Not Reported in F.Supp.2d (MD Fla. 2013); see also Cameron v. Johnson, 390 US 611, 616 & n.7 (1968) (noting that the word "unreasonably" in an ordinance did not create vagueness, but rather that it is a commonly understood word with a well-settled meaning that provided notice of the conduct proscribed). https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTkOMGEtNDE0MSO4NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSyO%3D 11/17 76 ------------- 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook Additionally, below are the noise ordinances of Dade County, City of Miami Beach, City of Miami, and City of Miami's Wynwood Pilot Program. City of Miami Beach Ordinance 46-152: It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: (a)Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. (b)Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. (d) Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of the proper municipal authority. (i)Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise. (j)Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this city for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns. (I) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area. City of Miami Ordinance 36-4(a): It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 12/17 77 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook distance of 100 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this chapter. City of Miami Wynwood Pilot Program Ordinance, 36-4(e)(2): Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof at any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph, or other mechanical sound-making device, instrument, or reproducing device; in the playing of any band, orchestra, musician, or group of musicians; or in the use of any device to amplify the music of any band, orchestra, musician, or group of musicians where the noise or music: a.Exceeds 80 dB(A) at a distance of greater than 25 feet from the property line of the property on which or from which it is produced; b.The bass level exceeds 70 dB(C) when measured from within an enclosed structure with all windows, doors and other openings closed; or c.Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors, and other openings closed; d.The city manager shall have the authority to decrease the allowable decibel levels by up to 10dB(A) and/or 10dB(C) during the pilot program based upon the recommendation of the Wynwood Business Improvement District and after 30 days' notice has been posted and sent via certified US Mail to all affected business. Miami-Dade County Ordinance, Sec. 21-28: It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. Any person violating any of the provisions of this section shall be punished by (i) a fine not to exceed five hundred dollars ($500.00); (ii) imprisonment in the county jail for a period not to exceed sixty (60) days; (iii) both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; (iv) fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or (v) completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: (a)Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle on any street or public place of the County, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. (b)Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. https://outlook.office.com/mail/id/AAQIcADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 13/17 78 Mail - Pepe, Thomas F. - Outlook (c)Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. (d)Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of the proper municipal or County authorities. (e)Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent unreasonably loud or explosive noises therefrom. (f)Defect in vehicle or load. The use of any automobile, motorcycle, jet ski, water bike, recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or in such manner as to create unreasonably loud or unnecessary grating, grinding, rattling or other noise within a residential area. (g)Schools, courts, hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. (h)Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. (i)Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise. (j)Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this County for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns. (k)Power tools and landscaping equipment. The operation of noise-producing lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise-producing tools which are used to maintain or at a residence out-of-doors between 8:00 p.m. and 7:00 a.m. (I) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area. Regards, 6/1/22, 8:09 AM Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzO3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 14/17 79 6/1/22, 8:09 AM Mail - Pepe, Thomas F. - Outlook From: Pepe, Thomas F. <TPepePsouthmiamifl.gov> Sent: Monday, November 8, 2021 12:58 PM To: Teal, Kyle B. <kyle.tealPbipc.com> Subject: City v Stunna's Fit LLC Proposed Settlement Agreement [This Email Originated From tpepe@southmiamifl.gov Which Is External To The Finn] Attached is the proposed settlement agreement. Please send me the signed agreement within 5 business days of today if your client agrees to the attached memorialization of what was agreed to at the meeting on Friday, November 5, 2021. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. -- - CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. https://outlook.office.corn/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWMMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 15/17 80 6/1/22, 6:09 AM Mail - Pepe, Thomas F. - Outlook CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this https://outlook.office.com/mail/id/AAQIcADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwUMfiMzQ3NDAyMDhiZQAQAPtni29ffe9EnnBGpVnPLSy0%3D 16/17 81 6/1/22, 3:09 AM Mail - Pepe, Thomas F. - Outlook communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. https://outlook.office.com/mail/id/AAQI<ADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAPtni29ffe9EmBGpVnPLSy0%3D 17/17 82 83 5/5/22, 5:30 PM RE: Stunna's Fit -Ch. 119 Public Records Request Teal, Kyle 8. <kyle.teal@bipc.com> F1 i 4/15/2022 4:02 PM Mail -Pepe, Thomas F. -Outlook To: Pepe, Thomas F. <TPepe@southmiamifl.gov>;Johanna Vega <jvega@almazanlaw.com>;Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Bynum, Carol <CBynum@southmiamifl.gov>;Carlos Silva <CSilva@silvasilva.com>;Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com>;Joseph, Stephanie <stephanie.joseph@bipc.com>;Office Services, Miami <miami.officeservices@bipc.com>;Erma Rodriguez <erodriguez@almazanlaw.com>;Sarah Denis <Sdenis@almazanlaw.com> EM AIL Rt=CEl \/t.D FROM E)(TFl'1J~A!. SO URU Good afternoon -for the Stunna's parties, we are available on June 1st, 7th, or 8th . Please advise. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F.<TPepe@southmiamifl.gov> Sent: Wednesday, April 13, 2022 9:26 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B.<kyle.teal@bipc.com >; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request I have spoken to the City Manager and she is willing to reset the April 25 th hearing if the property owner and Stunna's Fit can provide the City, by the end of this week, with three dates in May when they will be available and then the City Manager will choose one. Thank you. https://outlook.office.com/mailnd/AAQkADE4MGQ2YzMwLTk0MGEINDE0MS04NTlwLWJjMzQ3NDAyMDhlZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D ~titJ EX HIBIT 3 1/6 84 5/5/22, 5:30 PM Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !~~@s ou thmiamin .gov Mail -Pepe, Thomas F. -Outlook ATTENTION : This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above . If you are not the intended receiver, you are hereby notified that any dissemination of this communication is stri ctly prohibited . If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note : All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and med ia at any time pursuant to Florida Statutes, ch. 119 . From: Pepe, Thomas F. <I£.ep e@southmia mif1.gQll> Sent: Thursday, April 7, 2022 3:48 PM To: Johanna Vega <j~gi!ffelalmaza nlaw.com>; Teal, Kyle B. <kv,le.te a l@bi oc com>; Payne, Nkenga <Nfilyne@soµthmia mi0,gov> Cc: dwinker@d wrlc.com <;d winker @d w rlc .com>; Shari Kamali <SKamali@southmiamiO,gQl1>; Fraga -Lopez, Samantha <SFraga-Lo oez@sou t h miamifl.go.li>; Bynum, Carol <Qlv,num@southm ia m jfl.gov>; Carlos Silva <CSllva@si lvasUva.c o m>; Gabriel Varona <yarona305@lcloud.co m>; Ben Fernandez <bfernan dez.@si lvas 11va.com>; Joseph, Stephanie <ste 11hanie.joseP-h@.bi11c.c0m>; Office Services, Miami <mia m i.officeservices@bi P.c.com>; Erma Rodriguez <!:..(OQ!j g!,!fi(a)alma;,:anlaw.com>; Sarah Denis <~al mazan law.com> Subject: Re : Stunna"s Fit -Ch. 119 Public Records Request You have other members in your firm who can attend and in any event the City does not intend to revoke Consolidated's license. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, https://outlook.office.com/mailfid/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpkBEvDmM%2F9hjFfk%3D 216 85 5/5/22, 5:30 PM Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !~~@southmiamin .gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMAl'ION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited . If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note : All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <j~ga@almazan law.com> Sent: Thursday, April 7, 2022 3:29 PM To: Teal, Kyle B. <kv~b i gc.com>; Payne, Nkenga <NPavne@southmiamifl.gov> Cc: dwinker @dwrlc.co m <dwinker@dwrl c.com >; Shari Kamali <SKamall@so uth mia mi fl .gQY>; Fraga-Lopez, Samantha <SFraga-Lo rug@sou th miamifl.gQY>; Bynum, Carol <C Bynum@southmiamifl.gov>; Carlos Silva <CSilva@sHvasi lya.com >; Gabriel Varona <ya r ona30S@lcloud.com>; Ben Fernandez <bfemandez@silvasilva .com >; Pepe, Thomas F. <llige@southmlamlfl gQY>; Joseph, Stephanie <ste phanie.joseP-h.@bigc.com>; Office Services, Miami <miami .officeserv lces'@bj pc.com>; Erma Rodriguez <e rodri1!Uez@a lmazanla w .com >; Sarah Denis <~almazanlaw.com > Subject: RE: Stunna's Fit -Ch. 119 Public Records Request l.\-lAlL HI\ 'iJVLil Fi W'-1 L\T ri~\J,\L SULRC!-: Good afternoon, Our office represents Consolidated, the property owner. We recently received notice that there are matters set for hearing on April 15 and April 25 against Stunna's and Consolidated. April 15 is Good Friday and on April 25 I have an all day deposition on a case that is set for trial. Therefore, I am requesting that both of these hearings be moved to an alternate date. Please confirm that b oth hearings wlll be moved and Rleose advise the new dote for the hearing.L Please advise if you hove any questions. Thanks, Johanna Johanna Castellon Vega I Attorney '"' ALMAZArsJ LAW 7901 Ludlam Road, Suite 100 Miami, Florida 33143 T: (305)665-6681 ext 8013 ht1ps://oull00k.office .corn/111allnct/AAQkA DE4MGQ2YzMw LTkOMGEtNOE OM S04NTiwLWJ)MzQJNOAyMOhi2QAQANiEWavXpk 8Ev0 mM%2F9hj Ffk%30 3/6 86 5/5/22, 5:30 PM Mail -Pepe, Thomas F. -Outlook F: (305)665-6684 Paralegal: Erma Rodriguez, filQQriguez@almozanlaw.com Website: www olmazonlaw .com Follow us www facebook com/AlmozanLow From: Teal, Kyle B. <ky~Jlipc.com> Sent: Thursday, April 7, 2022 11:27 AM To: nrui.Y-oe@southmjaniift.gov Cc: dwinker@dwrlc.com : Shari Kamali <SKamali@southmiamifl.l'!~>; Fraga-Lopez, Samantha <SFraga-Lopez@southmlamifl .gov>; Bynum, Carol <Qlvnum@southmjamiO.gQll>: Johanna Vega <jl1l;:ge@almaz;ml~w com>; Carlos Silva <CSiiya@sJlvasUva .com>; Gabriel Varona <yarona3.0S@jdoud com>: Ben Fernandez <bfernandei@sllvasil11a.com>; Pepe, Thomas F. <Ifgpe@southmiamjfl,gQl!>; Joseph, Stephanie <stephanie.joseRb..@biRc.com>; Teal, Kyle B. <1,y~biRc.com>; Office Services, Miami <miami officeseryjces@bi~> Subject: Stunna·s Fit -Ch. 119 Public Records Request Importance: High SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise caution with attachments and links• Good morning, Attached please find the updated public records request sent on behalf of Stunna's Fit. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl gov> Sent: Monday, April 4, 2022 S:55 PM To: Qg_Q_(<l)benfernandezlaw.co m Cc: Teal, Kyle B. <ky~..b.iP.c.com>;tania@benfernandeztaw.com : dwinker@dwrlc com : Shari Kamali <SKamali@southmjamlfl.gQl!>; Fraga-Lopez, Samantha <~gtl.Q~southmiamifl,gov>; Bynum, Carol <~ynum@southmlarnifl.g~> Subject: Hrg on Order to Show Cause re Revocation of business license hltps;//oullook.cfflcc.ccme'mall/id/AAOkADE4MGQ2YzMwLTkOMGEtNDEOMS04NTll'llWJ)MzQ3NDAyMDhlZOAOANIEWsvXpk8EvDmM%2F9hjFlk%30 4/6 87 5/5/22, 5:30 PM Mail -Pepe, Thomas F. -Outlook [This Email Originated Fro m !p..;;pc @ southminmjfl .gQY Which Is Ex ternal To TI1e Finn] Pursuant to your client's request, attached is the notice of hearing on the Manager's order to show cause why Stunna's Fit's business license/ Business Tax Receipt should not be revoked. The hearing is set for April 25, 2022 commencing at 9:30 a.m. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla . Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue. Ste 311, Coral Gables , Florida 33 146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !rurne@southmiamm .gov ATTENTION : This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above . If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited . If you have received this e-mail in error, please immediately notify us by telephone, call colle ct if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance ca ll. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record . Your e-mail communications, including your e-mail address may be disclosed to the public and med ia at any time pursuant to Florida Statutes, ch. 11 9 . ----------------------------------------------- CONFIDENTIAUPRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipien L If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attac hments from your system. CONFIDENTIAUPRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, disseminafon, dis tribution or copying of this hUps :l/oull ook .office.com/mall{Jd/AAQkAOE4MGQ2YzMwLTkOMGEtNOE OMS04NT lwLWJjMzQ3NDAyMDhlZQAQAN IEWsvXp k8E v0mM%2 F9h jF fk •.{;3D 5/6 88 5/5/22, 5:30 PM Mail -Pepe, Thomas F. -Outlook communication is prohibited and may be unlawful, Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system . hllps://oullook .a!Oca .com/mallfld/AAQkADE4MGQ2Y'ZMw LTk0MGEtNDE0MS04NTlwlWJJMzQ3NDAyMDhiZQAQAN IEWsvXpk8EvDmM%2F9h]Flk%3D 6/6 89611/22,-7:49 AM Re: Stunna's Fit -Ch. 119 Public Records Request Pepe, Thomas F. <TPepe@southmiamifl.gov> Wed 5/18/2022 3:12 PM Mail -Pepe, Thomas F. -Outlook To: Teal, Kyle B. <kyle.teal@bipc.com>;Johanna Vega <jvega@almazanlaw.com>;Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>;Shari Kamali <SKamali@southmiamifl.gov>;Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>;Bynum, Carol <CBynum@southmiamifl.gov>;Carlos Silva <CSilva@silvasilva.com > ;Gabriel Varona <varona305@icloud.com >;Ben Fernandez < bfernandez@silvasilva.com >;Joseph, Stephanie <stephanieJoseph@bipc.com>;Office Services, Miami <miami.officeservices@bipc.com>;Erma Rodriguez <erodriguez@almazanlaw.com>;Sarah Denis <Sdenis@almazanlaw.com> The City Manager has advised me that she is willing to give all of you one last continuance if you all can agree on a hearing date in June that is not on a Tuesday or a Wednesday. Otherwise, the hearing is still scheduled for June 1, 2022 commencing at 9:30 a. m. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Teal, Kyle B.<kyle.teal@bipc.com> Sent: Wednesday, May 18, 2022 8:30 AM To: Pepe, Thomas F.<TPepe@southmiamifl.gov>; Johanna Vega <jvega@almazanlaw.com>; Payne, Nkenga <NPayne@southmiamifl.gov> 4: Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <5Kamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 118 906/1/22, 7:49 AM Mail -Pepe, Thomas F. -Outlook Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com>; Teal, Kyle B. <kyle.teal@bipc.com> Subject: RE: Stunna's Fit -Ch. 119 Public Records Request EMAiL RECEIVED FROM EXTERNAL SOURCE Good morning, Due to an unexpected personal engagement, I've just been made aware that I won't be available the morning of June 1st. Please let me know if the City Manager is willing to reschedule this hearing for later in June so we can plan accordingly. I apologize for the inconvenience, and I would appreciate the City's accommodation. Feel free to contact me if you'd like to discuss. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPepe@southmiamifl.gov> Sent: Monday, April 18, 2022 11:57 AM To: Johanna Vega <jvega@almazanlaw.com>; Teal, Kyle B.<kyle.teal@bipc.com>; Payne, Nkenga <NPayne@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lopez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <stephanie.joseph@bipc.com>; Office Services, Miami <miami.officeservices@bipc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request The City Manager has agreed to continue the Show Cause hearing from April 25, 2022 to June 1, 2022 commencing at 9:30 am. Very truly yours, https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 2/8 916/1/22; 7:49 AM Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !ReQe@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvegg@.almazanlaw.com> Sent: Friday, April 15, 2022 4:25 PM To: Teal, Kyle B.<kyle.teal@biRc.com>; Pepe, Thomas F. <TPe~southmiamifl.gov>; Payne, Nkenga <NPay.D.§.@.southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Logez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steghanie.joseP-h.@biRc.com>; Office Services, Miami <miami.officeservices@biRc.com>; Erma Rodriguez <erodrig~almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request FJ;L\iL RFCEfVED FRO\'[ FXTTRl'-.:1\l. SOCRCT June 1 and 7 is ok with Consolidated. Thanks Johanna Johanna Castellon Vega Almazan Law 7901 Ludlum Road, Suite 100 Miami, FL 33143 T: (305) 665-6681 x 8013 F: (305) 665-6684 jvegg_@almazanlaw.com From: Teal, Kyle B.<kv.le:teal@biRc.com> Sent: Friday, April 15, 2022 4:02:46 PM https://outlook.office.com/mail/id/MQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 3/8 926/1/22; 7:49 AM Mail -Pepe, Thomas F. -Outlook To: Pepe, Thomas F. <TPe~southmiamifl.gov>; Johanna Vega <jvegg_@almazanlaw.com>; Payne, Nkenga <NPayM@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoRez@southmiamifl.gov>; Bynum, Carol <CBv.num@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steRhanie.joseR.b..@biP.c.com>; Office Services, Miami <miami.officeservices@biP.c.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit -Ch. 119 Public Records Request SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise caution with attachments and links* Good afternoon -for the Stunna's parties, we are available on June 18\ ?1h, or 8th. Please advise. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPeP.e@southmiamifl.gov> Sent: Wednesday, April 13, 2022 9:26 AM To: Johanna Vega <jvegg_@almazanlaw.com>; Teal, Kyle B.<.!s.v.le.teal@biP.c.com>; Payne, Nkenga <NPayM@southmiamifl.gov> Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoP.ez@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steP.hanie.joseR.b..@biP.c.com>; Office Services, Miami <miami.officeservices@biP.c.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request I have spoken to the City Manager and she is willing to reset the April 25th hearing if the property owner and Stunna's Fit can provide the City, by the end of this week, with three dates in May when they will be available and then the City Manager will choose one. Thank you. Very truly yours, Thomas F. Pepe https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 4/8 936/1/22, 7:49 AM City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !ReRe@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Pepe, Thomas F. <TPeRe@southmiamifl.gov> Sent: Thursday, April 7, 2022 3:48 PM To: Johanna Vega <jvega.@almazanlaw.com>; Teal, Kyle B.<kv.le.teal@biRc.com>; Payne, Nkenga <NPay~southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoP-fil.@southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona30S@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Joseph, Stephanie <steRhanie.joseP-h.@biRc.com>; Office Services, Miami <miami.officeservices@biQc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: Re: Stunna's Fit -Ch. 119 Public Records Request You have other members in your firm who can attend and in any event the City does not intend to revoke Consolidated's license. Very truly yours, Thomas F Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667 -2564 Fax: (305) 341-0584 E-mail: !ReRe@southmiamifl.gQY https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 5/8 946/1/22; 7:49 AM Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Johanna Vega <jvegi!.@almazanlaw.com> Sent: Thursday, April 7, 2022 3:29 PM To: Teal, Kyle B.<kY.le.teal@biRc.com>; Payne, Nkenga <NPayM.@southmiamifl.gov> Cc: dwinker@dwrlc.com <dwinker@dwrlc.com>; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-LoJilez@southmiamifl.gov>; Bynum, Carol <CBv.num@southmiamifl.gov>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F.<TPeRe@southmiamifl.gov>; Joseph, Stephanie <steRhanie.joseP-b..@biRc.com>; Office Services, Miami <miami.officeservices@biRc.com>; Erma Rodriguez <erodriguez@almazanlaw.com>; Sarah Denis <Sdenis@almazanlaw.com> Subject: RE: Stunna's Fit -Ch. 119 Public Records Request Fl'vL\Jf. Rl-,CEl\!FD l-'ROVi FXTLRl\At" S()LRC!:; Good afternoon, Our office represents Consolidated, the property owner. We recently received notice that there are matters set for hearing on April 15 and April 25 against Stunna's and Consolidated. April 15 is Good Friday and on April 25 I have an all day deposition on a case that is set for trial. Therefore, I am requesting that both of these hearings be moved to an alternate date. Please confirm that both hearings will be moved and Rlease advise the new date for the hearingL Please advise if you have any questions. Thanks, Johanna Johanna Castellon Vega I Attorney !:;..i Almazan Law LOGO 7901 Ludlam Road, Suite l 00 Miami, Florida 33143 T: (305)665-6681 ext 8013 F: (305) 665-6684 Paralegal: Erma Rodriguez, erodriguez@almazanlaw.com Website: www.almazanlaw.com Follow us www.facebook.com/AlmazanLaw https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 6/8 956/1/22, 7:49 AM From: Teal, Kyle B. <kv.le.teal@biP.c.com> Sent: Thursday, April 7, 2022 11:27 AM To: nP.ay_o.g_@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook Cc: dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lop~southmiamifl.gov>; Bynum, Carol <CBynum@southmiamifl.gov>; Johanna Vega <jveg!l@almazanlaw.com>; Carlos Silva <CSilva@silvasilva.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com>; Pepe, Thomas F. <TPe~southmiamifl.gov>; Joseph, Stephanie <steP.hanie.joseRh@biP.c.com>; Teal, Kyle B.<kYle.teal@biP.c.com>; Office Services, Miami <miami.officeservices@biRc.com> Subject: Stunna's Fit -Ch. 119 Public Records Request Importance: High SECURITY NOTE: *This email has originated from OUTSIDE of your company. Please exercise caution with attachments and links * Good morning, Attached please find the updated public records request sent on behalf of Stum1a's Fit. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) 305 766 4580 (m) From: Pepe, Thomas F. <TPe~southmiamifl.gov> Sent: Monday, April 4, 2022 5:55 PM To: ben@benfernandezlaw.com Cc: Teal, Kyle B. <kv.le.teal@biQc.com>; tania@benfernandezlaw.com; dwinker@dwrlc.com; Shari Kamali <SKamali@southmiamifl.gov>; Fraga-Lopez, Samantha <SFraga-Lop..fil.@southmiamifl.gov>; Bynum, Carol <CBv.num@southmiamifl.gQY.> Subject: Hrg on Order to Show Cause re Revocation of business license [This Email Originated From !mrne@southmiamill.gQY Which ls External To The Finn] Pursuant to your client's request, attached is the notice of hearing on the Manager's order to show cause why Stunna's Fit's business license/ Business Tax Receipt should not be revoked. The hearing is set for April 25, 2022 commencing at 9:30 a.m. https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 7/8 966/1/22, 7:49 AM Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga Avenue, Ste 311, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: !ReRe@southmiamifl.gov Mail -Pepe, Thomas F. -Outlook ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. CONFIDENTIAL/PRIVILEGED INFORMATION: This e-mail message (including any attachments) is a private communication sent by a law firm and may contain confidential, legally privileged or protected information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited and may be unlawful. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system. https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQANIEWsvXpk8EvDmM%2F9hjFfk%3D 8/8 976/1/22, 12:16 PM Re: Order re: City v Stunna's Fit Case No. 21-00251 Pepe, Thomas F. <TPepe@southmiamifl.gov> Wed 6/1 /2.022 9:.37 AM To: Teal, Kyle B.<kyle.teal@bipc.com>;Shari Kamali <SKamali@southmiamifl.gov> Mail -Pepe, Thomas F. -Outlook Cc: Johanna Vega <jvega@almazanlaw.com>;Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com> Please be advsed that the hearing is on for today on June 1st at 9:30 a.m. as to Consolidated, since its attorney did not provided any dates in June when they were available. We expect them to be here at 9:30 today June 1, 2022. The manager is granting Stunna's a continuance until June 20th at 9:30 a.m. There will be no further continuances or further opportunity to be heard if Stunna's or it's council failed to show up on June 20th. · Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Teal, Kyle B.<kyle.teal@bipc.com> Sent: Tuesday, May 31, 2022 10:16:13 PM To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Shari Kamali <5Kamali@southmiamifl.gov> Cc: Johanna Vega <jvega@almazanlaw.com>; Gabriel Varona <varona305@icloud.com>; Ben Fernandez <bfernandez@silvasilva.com> Subject: RE: Order re: City v Stunna's Fit Case No. 21-00251 Good evening, Counsel for Stunnas is avai I able on Monday 6/20 and, unless her schedule has since changed, counsel for Consolidated is avai I able on either 6/23 or 6/24. We tried to coordinate so that we could schedule the landlord and tenant on both dates but were unable to do so with busy summer schedules. Please confirm whether the City is willing to bifurcate the hearings so that counsels copied on this email can plan accordingly. Thank you. Regards, Kyle Kyle B. Teal, Esq. Buchanan Ingersoll & Rooney PC 305 347 5912 (o) https://outlook.office.com/mail/sentitems/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0fTM%3D 1/3 986/1/22, 12:18 PM RE: Order re: City v Stunna's Fit Case No. 21-00251 Johanna Vega <jvega@almazanlaw.com> Wed 6/1/2.027. 9:,1CJ AM Mail -Pepe, Thomas F. -Outlook To: Pepe, Thomas F. <TPepe@southmiamifl.gov>;Teal, Kyle B. <kyle.teal@bipc.com>;Shari Kamali <SKamali@southmiamifl.gov> Cc: Gabriel Varona <varona305@icloud.com>;Ben Fernandez <bfernandez@silvasilva.com> Mr. Pepe, Kyle Teal provided dates for Consolidated's availability in the email below. I have highlighted the message for ease of reference. Consolidated is available on June 23 and the 24, and if necessary will accommodate to make the June 20 hearing. On May 18 you advised that the City Manager had granted "all" one last continuance so long as we provided dates in June -which we did. I relied on your representation that the hearing was continued and am currently in my office not ready to proceed with a hearing on such short notice. I have an associate that just resigned and my law partner is traveling on business. certainly did not expect that you would email at 9:38 am today to advise that this hearing was going forward against Consolidated today at 9:30 am. Moreover, it was my understanding that the June hearing was a show cause hearing against Stunna's only the license revocation issue. Please advise. Johanna Johanna Castellon Vega I Attorney ( A -ALMAZAN LAW 7901 Ludlam Road, Suite 100 Miami, Florida 33143 T: (305)665-6681 ext 8013 F: (305) 665-6684 https://outlook.office.com/mail/sentitems/id/AAQkADE4MGQ2YzMwLTk0MGEINDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAFquBn9E3g1GuzxzWXS0ITM%3D (\A;i ~ E}(iif iJ1T ---1:__ 1/5 99 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLA TOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC CO CO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOl IO~ CQ--t/025-0J2-, 050) OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00122 I HEARING DATE: I September 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICAByfi-o THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ~ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY 0 INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOT G PHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROP r □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ~'.:a-.ff-:/:ilr,~'M_.C)lJ"t-t.··'_/J~:...JJ~~~~~==---- 3. SUMMARY OF EVIDENCE PROVIDED: rV-(h ~-./-l'q-✓r-~s 5. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND CO PLIANCE REQUIREMENTS STIPULATED UNO VISIONS OF E CODE ORDIN 1:J. ITY OF THER ~l-'-+_,,__,_,_-..;,,..,,,-,,,t---=-r--<-...l.f---,--b"--;,L..l--'-41'-~L.L.:....!..:.....,;..;;.;.----=~rf-ft,,...c=:'-1'---+----'--r.,.L..---- ~ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UN~Ef)OATH) ✓nTHER A (°sd} rfr:JAf of Co--"'1t1-P ~ , . u~ -/ 4. BASIC UNDERLYING FACTS: DEPARTMENT Ill IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) ________________ _ CONCLUSIONS OF LAW : FUNDAMENTAL ISSUE : / WH ETH ER THER E IS SUBSTANTIAL COMPETENT EVIDE ~EE TO INDICATE THAT THE VIOLATOR(S) IS /ARE RESPONS IBLE FOR THE SUBJECT VIOLATION? lZ) YES □ NO 100 6. ULTIMATE FINDINGS: A. IT IS T.4_ D ETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION V~'ii.s □ WAS NOT ... ISSUE □ IN ACCORDANCE WITH THE PRovI sIONs OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CllY OF SOUTH MIAMI , FLORIDA. B dsED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. '.-' C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk $ _ _,,.'35:...._,.,,c......:OJ..1 -=Wc..= __ (civil penalty for each violation) and $ /~5. OD < (hearing costs), totaling =$--=-lf+-f--F-"'--15.,..,_·, -~-·--------------- (NOTE: if the full amount of the civil penalty incurred an d administrative cost assessed remains unpaid after the execution of this order, a certifi ed copy of said order may be reco rded in the Publ ic Records of Miami-Dade County which shall constitute a lien against the violator's property, real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, a·n additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorpora~ September 24. 2021 Date Decision Rendered Spe . arez-Rivas, Esq . NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Spec ial Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON: __j{)/ !/;;LL I I 101 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI; FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET ~OJJ O: oQ-I.J,OZ5-()12-05CO OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00179 I HEARING DATE: I Septe mber 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEATVIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~NSPECTOR'S TESTIMONY 61NS P ECTOR'S AFFIDAVIT r/ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN (S) / MA P(S) 0 PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P~OPERTY) C. LJ. Q-OTHE R (INvo Ic E~. cof3_Rg:s PoNDENCE, ETC ... ) _v'-I-J1 -t9J ~""'a ..... ,,u==--7r---L-lxf-'"'b'-+--t ..... ~-b,,....¾-><=l--=o,=..:...,..~1t=-,=-1ad ..... 1 ....-.1_~------....:i=---- 6.._ r; el.re,._ ':::ut<;.J ~--t IV: U 3. SUMMARY O F EVIDENCE PRO IDED : { 8. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) ~O TESTIMONY OFFERED ~ OTHER /ff-rv_irfY--n'f &-F ~ty],~ 4. BASIQ _UNDERLYING FACTS: D[PARTMCNT Ef"1s □ IS NOT CORRECT IN ITS ASSESSME~H OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANT IAL COMPETENT EVIDENQ'E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT V IOLATION? iefvEs □ NO ,,. 102 6. ULTIMATE FINDINGS: A. IT IS -4 DETERMI NATION OF THIS SPECI AL MAGI STRATE THAT THE SUBJ ECT VIO LAT ION Mw't..s □ WAS NOT -~-ISSUED IN ACCOR DANCE WITH THE PROVI SIONS OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B . 81!(s ED ON THE FORG OI NG , TH IS SPE CIAL MAG ISTRATE FINDS THE VIOLATOR(S) ~GUILTY □ NOT GUILTY O F THE SUB JEC T V IOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 S"'o. l}Q (civil penalty for each violation) and $ /~S:, D7.J (hearing costs), totaling =$--'-,¥i,__r/5...f,,..~~,_,b-o=<---.:=------------- (NOTE : if the full amount of the civil pen alty incu rred an d admin istrative cost as sessed rema ins unpaid afte r th e execution of this order, a certifi ed copy of said order m ay be re corded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an add itional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER : □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision inco rpor · · ~r~e Qions indi September 24. 2021 ,._,..-,,...,,.., C<Ju__q11...;2.'1-"'""'""~'" Date Decision Rendered pe z~ ag,s rate Signature: ~af , q . NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date I e S ecial Magistrate's decision was rendered. COPY MAILED/DELIVERED TO ALLEGED VIOLATOR ON : ------==~f---'()~....J,.L_....p._;,_=------- 103 LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADDN PB 48-3 8 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET /:lJ LJ (): oq._:_ 4()25 -0.12-0500 OR 21958-0616 12 2003 6 6600 SW 62·AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI , FL 3 314 3 -33 06 TENANT: Stunna's Fit CASE NO.: I 21-00177 I HEARING DATE: I September 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLIC~O THIS HEARING (check approp riate bo xes) □ VIOLATOR (S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDE~E WAS OFFERED: ~~N PECTOR'S TESTIMONY ✓ INSP ECTOR'S AFFIDAVIT ~ LD REPORTS □ PLAN(S) / MAP(S) ROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) HER (INVOICES , CORRESPONDENCE, ETC ... ) t THER AFFIDAVITS ({ PHOTOGRAPHS 3. SUMMARY OF EVIDENCE PROVJPED: 5. A. BY DEPARTMENT: f21'fHE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDE R TH E PROVI SIONS OF CHAPTER 2 -25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI , FLORIDA. □ OTHER , L I 0 Tfi.x_-/esYi~ i5-( ,~.__)ns~ + s/v111tn:-ia-F,f erl{) ~ \taf.£ ev:.~ /nfr--u.f1u.@t1/) 1dD ~o_ fQfl&rll V 1 CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: ~ WHETHER THERE IS SUBSTANTIAL COMPETENT EVID~N E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?· YES □ NO 104 6. ULTIMATE FINDINGS: A. IT lS/1' DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION 'ti WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.6(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. e. ~SEO ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ~8utLTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN : 1.Violator(s) shall pay to the City Clerk $__....,._--=--=--=----1- . $ /;:Jf;;CJtJ (hearing costs), totaling "'---~==~=_,_,~ _ ___;_ ___________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall con titute a lien against the violator's property, real or personal. The City may foreclose on any such lie , which remains unpaid after three (3) months from the time the lien is filed.) SQ;, fR_,~ 2. Deadline for compliance ~ SHALL be extended to (Date)____ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for .compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) 7 . ADMINISTRATIVE NOTATIONS: '"'T) □ SPECIAL PROVISIONS OF ORDER: · ()./) , ~ a · ' . . ( s !°?2.,, , DEFERRED FO IN REA N : ...., " -~~ (NOTE: Special Magistmte's Decision incorpo~ ·ndicated. September 24 . 2021 Date Decision Rendered Speci~agi vas, Esq . NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the dat~te Special Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEG D VIOLATOR ON: ~l)/,f> ii?t -.='=1:=""-:f-~.::.+-.::._l.,r..r...,.""'-'==-------- 105 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & . CONCLUSIONS OF LAW CITY OF SOUTH MIAMI , FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCO PLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET F'Olt o: OQ-4025-012-0500 OR 21958-0616 12 2003 6 PROPERTY LOCATION : 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR : PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00180 I HEARING DATE: I Seotember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICAB ~O THIS HEARING (che c k appro priat e boxes) □ VIOLATOR(S) PRESENT ✓V IOLA TOR S AGENT PRE SENT □ FAILED TO APPEAR □ NON-COMPLIANCE D N O N-PAYM EN T OF C IVI L PENA LTY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: ~SPECTOR'S TESTIMONY ✓iNSPECTOR'S AFFIDAVIT ~ER AFFIDAVITS □ FIELD REPORTS D PLAN(S) / MAP(S) □ PHOTOGRAPHS . .,E:i'PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P~O E RTY) ,n _ r J-..-J/.. g-()THER (INVOICES, COR RE'l);,iN.~~~E , ET.C..,.) ~:t //, 61!£.Qr d IOZl,Ull09 3. SUMMARY OF EVIDENCE PROVIDED : f 1-Z,'7'1 ~ JO~ 1 /JCI. . c_J 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENALTY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER _______________________________ _ □ 8. BY ALLEGE~ v1o_L: TOR(~): p TESTIMONY _ uNp_ER OATH) □ NO TESTIMONY OFFERED ~ OTHER if .1 I 'C;s: ·, .· Tefl. (/rb cJ . - BASIC UND ERLYING FACTS: DEPARTMENT ✓is □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVI DEl'!,et TO INDICATE THAT THE VIOLATOR (S) IS/ARE RESPONSIBLE FOR THE SUBJECTVIOLATION?i0 YES □ NO 106 6. ULTIMATE FINDINGS: A. IT IS /4E DETERMINATION OF THIS SPECI AL MAGI STRATE THAT THE SUBJ ECT VIO LATION fil WAS D WAS NOT ... ISSUED IN ACCOR DANGE WITH THE PROV ISIONS O F SECTION 20 -3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. 4 sED ON THE FORGO ING , TH IS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ffGUILTY D NOT GUILTY O F THE SUBJ ECT VIOLATION . . ._ C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk $ 3 '-/--6. d:::() h violation) and $ /d S: 1)-,,) (heari ng costs), totaling "'----+---="'----=-----..,,,,..,C----------- (NOTE: if the full amount of the civil pen alty incorred and administrative cost assesse d remains unpa id after th e execution of th is order, a certifi ed copy of said order may be rec o rded in t he P ublic Reco rds of Miami-Dade County which shall constitute a lien ag ainst the violator's property , rea l o r personal. The City may foreclose on any such lien , which remains unpaid after three (3) mo nths from the time the lien is filed .) 2. Deadline for compliance D SHALL be extended to (Date) ___ _ D SHALL NOT be extended . (NOTE : If the violation subject to th is action remains uncorrected after the deadline for compl i ance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to ru n until the vio lation is corrected .) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL PROVISIONS OF ORDER: 11 d. ,r,/r.,si rci D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : Se ptemb er 24, 202 1 Date Decision Rendered uarez-Rivas, Esq. NOTE : If you wish to appeal the Special Magistrate 's decision , you must do so in the manner provided in Sect ion 2 -25 of City of South Miami Code of Ordin ances, no later than 30 days from the date e ec ia l Magistrate's decision was rendered . COPY MAILED/D ELI V ER ED TO ALLEGED VIOLA TOR ON : -=_io:.......:..-+-LL-.P-6==------- 107 LEGAL DESCRIPTION : PROPERTY LOCATION : ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET ~ol ~IO : OQ-L/025 -012-OSCO OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RES EARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00226 I HEARING DATE: I September 24 , 2021 FINDINGS OF FACT: 5 . 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 8. BY ALLEGED VIOLATOR(S): TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED D OTHER /R rt, Q'1lM<-, nfG v~ ""' µvR.. /,&..-nfr,o , . 0 .,.,. C)' / V 7 VV . , .. 4 . BASIC UNDERLYING FACTS: DEPARTMENT ~ IS □ IS NOT CORRECT IN ITS ASSESSMENT --·· .... OF THE SUBJECT VIOLATION. (Further explanation if any) _______________ _ CONCLUSIONS OF LAW: FUNDAMENTAL ISSUE: WHETHE R THERE IS SUB STANTIAL COMP ETENT EV IDEN _...(o' IN DICATE THAT THE VIOLATOR(S) IS/ARE RES PONSIBLE FO R THE SUBJ ECT VIOLATION?~~ O □ NO 108 6. UL Tl MATE FINDINGS: A. IT IS TH~ETERMINATION OF THIS SPECI AL MAG ISTRATE T HAT THE SUBJ ECT VIO LAT ION □'\4°AS D WAS NOT ... ISSUED IN A CCORDANC E W ITH THE PROVI SIONS OF SECTION 15-82.1) OF THE CODE OF ORDINANCES OF THE CITY OF SOU TH MI AM I , FLORIDA. B . ~ED ON THE FOR G O IN G, TH IS SPE C~AL MAGIS TRATE FINDS THE VIOLATOR(S) V GUILTY D NOT GUILTY OF THE S UB JECT VI OLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ ra 0, tJ-0 (civil penalty for each violation) and $ la4S:tv • (hearing costs), totaling =-$ _ _.G--.'--... dr-'«_s,,......·-rro"--=----------- (NOTE: if the full amount of the civil pen alty incurred and administrative cost assess ed remai ns unpaid after th e execution of this order, a c ertifi ed c op y of said ord er may be recorded in the P ub lic Re cords of Miami-Dade County which shall constitute a li en agai ns t the vio lator's property, real or pe rsona l. T he City may foreclose on any such lien, wh ich rem ai ns unpaid after three (3) months f rom the ti me the lien is filed .) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE : If the v io lation subj ect to th is action remains uncorrected afte r the deadline for compliance indicated herein above, an additional c ivil penalty in the same amou nt specified in thi s ord er shall begin to accrue for each day following the de ad line for compliance an d shall c o ntin ue to run un til the vio lat ion is co rrec ted .) 7. ADMINISTRATIVE NOTATIONS : (NOTE: Sp ecial Magistrate's Dec ision incorpo r1es--aA icated .) ~ Se ptember 24, 2021 --,;,k,~::=--,c-:,...,;,.-..:;;,,..:~---"'-,-"'-"-.-=-'-=~:.------"'---....;;_;e<.....==------- Dat e Decision Rendered Speci . as, Esq . NOTE: If you wish to appeal the Special Magistrate 's decision, you must do so in tt1e manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date t S ecial Magistrate's decision was rendered. 109 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION : COCOPLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FnL1 o;· (XJ-'-/025-G12 -05W OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna's Fit CASE NO.: I 21-00227 I HEARING DATE: I September 24, 2021 FINDINGS OF FACT: 1 . THE FOLLOWING ARE APPLICABlpO THIS _HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT ✓VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON -COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED 0 DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLL~ING DEMONSTRATIVE EVIDENCE WAS OFFERED: 6 INSPECTOR'S TESTIMONY ✓iNSPECTOR 'S AFFIDAVIT D £5THER AFFIDAVITS 11 FIELD REPORTS □ PLAN(S), MAP(S) 0 PHOTOGRAPHS • IZl PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROPERTY) /l ; . 0 ..L1 {j~ ~~R"Utl(f~ORRESPONDENCE, ETC ... ) 7!§,--f, /{I d ~r/_LN]t.f £,/ o/J-.trr3 3. SUMMARY OF EVIDENCE PROVI~ 4. A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA . D OTHER ________________________________ _ □ B. BY ALLEGED VIOLATOR(S): TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED D OTHER _______________________________ _ BASIC UNDERLYING FACTS: PEP.A.l3TMENT ,ei:< □_IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHE R THERE IS SUB STANTIAL C OMP ETE NT EVID EN~O INDICATE THAT THE VIOLATOR(S) IS/ARE R ESPONSI BLE FOR THE SUBJ ECT VIOLATION? EJYES D NO 110 6. ULTIMATE FINDINGS: A. IT IS i;4 DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJ ECT VIOLAT ION tzf" WAS . □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI , FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ J #-o &t) (civil penalty for each violation) and $ /d.,S"-L?T.) (hearing costs), totaling $ f(i;5 LlJ2 (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against th e violator's property, real or personal. The C ity may foreclose on any such lien , which remains unpaid after three (3) months from the time the lien is filed .) 2. Deadline for compliance D SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action rem ains uncorrected afte r the deadline for compliance indicated herein above , a n additional civil penalty in the same amount specifi ed in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is correcte d.) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorporates ~~str~tiv September 24, 2021 --,r--..:>.~-.:::f-H=o......:::::~.:,o__-""=--""-,,!~~=-,-.h--+--.::.....!.,_ ______ _ Date Decision Rendered Special Mttrate Signature : Rafa NOTE: If you-wish to appeal the Special Magistrate's decision, you must do so in the manner provided i n Section 2~2s of City of South Miami Code of Ordinances, no later than 30 days from the date he pecial Magistrate's decision was rendered. D VIOLA TOR ON:___..._~+--?+' _W-_· _____ _ 111 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI , FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET FOL/Oo' (X,?-tJ.OZn-0:12--()l5cJJ OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CON SOLIDATED RESEARCH AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 33143-3306 TENANT: Stunna 's Fit CASE NO.: I 21-00232 I HEA Fii N°G 6:ATE: I S eptembe r 24 , 2021 FINDINGS OF FAC T: 1. THE FOLLOWING ARE APPLIClA "~ THIS HEARING (check. ap propriate boxes) □ VIOLATOR(S) PRESENT ~ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATfON □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: . ~PECTOR'S TESTIMONY ~NSPECTOR 'S AFFIDAVIT D ()THER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) [YpH OTO GRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P RQe ERTY) r (\ /J C r ,1 ~ □ OTHER (INVOICES, CORRESPONDENCE , ETC ... ) f/i ~tp,.,l) or ~ '[/f1y{r..flr//WJL 3. SUMMARY OF EVIDENCE PR ~DED: of{M.._ t~~J R-f Coz{ A. BY DEPARTMENT: tS°THE VIOLATION WAS ISSUED IN ACCORD~Ncf~tH -TH E ~ 'i_~~ COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPT R 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. . □ OTHER ________________________________ _ 5. □ B. BY ALLEGED VIOLATOR (S ) TES TIM ONY (UNDER OATH) NO TESTIMONY OFFERED 4. 6-oTHER o r0 u.dferrf 6[ Oirr ✓l'J?J±JtB 1/1.:>ktf~r.1 · .. BASIC l).NDERSYING FACTS, DEPARTME.NT ls □ IS NOT CORRECT IN ITS ASSESSMENT OF T HE SUBJECT VIOLA TION. (Further explanation if any) ________________ _ CONCLUSIONS O F LA W: FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVI DE~6ETO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION?·□ YES O NO 112 6. ULTIMATE FINDINGS: A. IT IS THE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION □ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA. B. BASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) □ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION. C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 3 JfQ {')-U (civil penalty for each violation) and $ j d,<;' cf.'yf) (hearing costs), totaling =$ __ 1/C............,=--.... s,...+----'{..,,n) _ _.__ _________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above , an additional civil penalty in the same amount specifi ed in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected .) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISIONS OF ORDER : \ □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate 's Decision incorporateo/8ny September 24, 2021 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date e ie~ial Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON: ---'-'--_jf)-----=~-=ttc.........;J;M_c..-_.;;__ _____ _ I I 113 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE . SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCO PLUM TERR ADON PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET P:OUO ~~(J)~-t/025--01 2~ 05CO OR 21958-0616 12 2003 6 PROPERTY LOCATION: 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEAR C H AND ALLEGED VIOLATOR: PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 3 314 3 -3 3 06 TENANT: Stunna 's Fit CASE NO.: I 21-00233 I HEARING DATE: I Seo te mbe r 24 , 2021 FINDINGS OF FACT: t,; 1. THE FOLLOWING ARE APPLICAB TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER _______ _ 2. THE FOLL~ING DEMONSTRATIVE EVIDENCE WAS OFFERED: Cl INSPECTOR 'S T ESTIM ONY £6 IN SP ECTOR 'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPH?;-f □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P(3.Of\E~TY) . [' ~ /J □ OTHER (INVOICES , CORRESPONDENCE, ETC ... ) Vi" M~g w , \..A:j/;U _ 3. SUMMARY OF EVIDENCE PROVIDED: 0 j N _4 . A. BY DEPARTMENT: □THE VIOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER THE PROVISIONS OF CHAPTER 2 -25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA. □ OTHER _______________________________ _ □ B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (U NDER OATH) □ NO TESTIMONY OFFERED1 ~THER Eeq µ fVl i!A11" c.i f dl f!HldR_ &~a.cfl !±!r:,r-/,MSt./A , I . . K_-~ 0 l:;4ASIG. UNDERLYINq fA9TS: DEPARTMENT ~ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explan ati o n if any) ________________ _ CONCLUSIONS OF LAW : 5. FUNDAMENTAL ISSUE : WHETHER THERE 1s SUBSTANTIAL COMPETENT EVIDENc-jo INDICATE THAT THE vIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~t □ NO . 114 6. ULTIMATE FINDINGS: A. IT IS -tE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT T HE SUBJECT VIOLATION ij{ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20-3.G(V) OF THE LANO DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI , FLORIDA. B.AASED ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) tJ GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s} shall pay to the City Clerk$ 3 r/lJ, D-r) (civil penalty for each violation) and $ /~ C5{) (hearing costs), totaling ~$-1/-t.....--i~:;~5,=~•~&i)~~---------- (NOTE: if the full amount of the civil penalty incurred and admin istrative cost assessed remains unpaid after the execution of this order, a certified copy of said order may be recorded in the Public Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City may foreclose on any such lien, which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall conti nue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL PROVISION 1i I 0 SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Special Magistrate's Decision incorpor,-t tion~ted.} Se pte mbe r 24 , 2021 ~.,-.-.~ '-P"\t--z'---&, Date Decision Rendered " : Rafael E. Suarez-Rivas, Esq . NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date t e S ci al Magistrate's decision was rend e red. COPY MAILED/DELIVERED TO ALLEGED VIOLA TOR ON: _::_::....-1......l.L~~=------- 115 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW LEGAL DESCRIPTION: PROPERTY LOCATION: ALLEGED VIOLATOR: CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCOPLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 3314 3-3306 TENANT: Stunna 's Fit CASE NO .: 21-00310 HEARING DATE : FINDINGS OF FACT : Se t ember 24 , 2021 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEAT VIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ DECISION DEFERRED □ CASE WITHDRAWN g 6~~:~1~mrw1 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR 'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ PHOTOGRAPHS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL PROP ERTY) □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) ---.t:,"7(;__.,@a--/J-P=-=-{ y\/\=-..,,,..,,../ ________ _ 3. SUMMARY OF EVIDENCE PROVIDED: A. BY DEPARTMENT: IY~ VIOLATION WAS ISSUED I N A CCORDANCE WITH THE PENAL TY AND COMPLIANCE REQUIREMENTS STIPULATED UNDER TH E PROVISIONS OF CHA PTE R 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA . □ OTHER --.--------------------------------,,__ __ ()n--hrL(e.4 -( ),e_s <'~ -/2 · ~Bv,-~.../-{l (~ _,,__ .. .:._r ______;_c _&--=-~-'J -'-nt----"'-"'---' '----''"""--'-'-----l:-'"b,L-!--~"',-!------'~~_.:::,_-t/4_o_t_;_~ i_· '6'1_-_;_n ---6,L-"-+L-...l..=..L..I.--'---~'-'=-.. B. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER ____________ ---.-_________________ _ 4. BASIC UNDERLYING FACTS: DEPARTMENT l:J IS □ IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION . (Further explanation if any) ________________ _ CONCLUSIONS OF LAW: 5. FUNDAMENTAL ISSUE: WHETHE R T HE RE IS SUB STAN T IAL COMP ETENT EVIDE~& TO INDICATE THAT THE VIOLATOR(S ) IS/ARE R ESP ONSI BLE FO R TH E SUB JECT VIOLATION ? [3,1 YE S □ NO 116 6. ULTIMATE f DINGS, '.:.•:• : •:; '., .,,,,. • A. IT 1$/fHE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLATION riJ WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE CODE OF ORDINANCES OF THE CllY OF SOUTH MIAMI, FLORIDA. R ~SEO ON THE FORGOING , THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) ¥GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: \ 1.Violator(s) shall pay to the City Clerk$ ,~ 4 0 _Jl) (civil penalty for each violation) and $ /'{l.t;. 00 (hearing cos:), totaling ~$--~-1--.<:.....,..,...h~. ___.o-Q.,.______ _________ _ (NOTE: if the full amount of the civil penalty incurred and administrative cost assessed remains unpaid after the exec ution of this order, a certified copy of said order may be recorded in the Public Records of Miami -Dade County which shall constitute a lien against the violato r's property, real or personal. The City may foreclose on any such lien , which remains unpaid after three (3) months from the time the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOJ" be extended . (NOTE: If the violation subject to this action remains uncorrected after the deadline for compliance indicated herein above, an additional civil penalty in the same amount specified in this order shall begin to accrue for each day following the deadline for compliance and shall continue to run until the violation is corrected.) □ SPECIAL MAGISTRATE'S DECISION DEFERRED FOR THE FOLLOWING REASONS : (NOTE: Special Magistrate's Decision incorporates as:i September 24 , 2021 Date Decision Rendered Special Mp gistrate Sig nature: RafaellE _ Suarez-Rivas, Esq . V NOTE : If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date e pecial Magistrate's decision was rendered. 117 LEGAL DESCRIPTION : PROPERTY LOCATION : ALLEGED VIOLATOR: SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC COCO PLUM TERR ADDN PB 48-38 N100FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 20 03 6 6600 SW 62 AVE SOUTH MIAMI FL 33143 CONSOLIDATED RESEARCH AND PLANNING CORP 6796 SW 62 AVE S MIAMI, FL 3 3143-3306 TENANT: Stunna 's Fit CASE NO .: 21-00317 HEARING DATE : Se tember 24 , 2021 FINDINGS OF FACT: 1. THE FOLLOWING ARE APPLICABLE TO THIS HEARING (check appropriate boxes) □ VIOLATOR(S) PRESENT □ VIOLATORS AGENT PRESENT □ FAILED TO APPEAR □ NON-COMPLIANCE □ NON-PAYMENT OF CIVIL PENAL TY □ REPEATVIOLATION □ CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED □ HEARING RESCHEDULED □ APPEAL WITHDRAWN □ VIOLATION DISMISSED □ DECISION DEFERRED □ CASE WITHDRAWN □ OTHER ______ _ 2. THE FOLLOWING DEMONSTRATIVE EVIDENCE WAS OFFERED: □ INSPECTOR'S TESTIMONY □ INSPECTOR'S AFFIDAVIT □ OTHER AFFIDAVITS □ FIELD REPORTS □ PLAN(S) / MAP(S) □ P~OTOG HS □ PROOF OF OWNERSHIP (REAL AND/OR PERSONAL P RQ¥>-!;ijJY )/_ _ ) □ OTHER (INVOICES, CORRESPONDENCE, ETC ... ) _....,""-__ \ ~~~~~-~{_ 1 _________ _ 3. SUMMARY O F EVIDENCE PROVJED : 5. A. BY DE PARTME NT : rg;(HE V IOLATION WAS ISSUED IN ACCORDANCE WITH THE PENAL TY AND CO M PLIA NCE REQUIREMEN T S STIP U LATE D UNDER THE PROVISIONS OF CHAPTER 2-2 OF THE CODE OF ORDINANC ~ OF THI; CITY OF S UTH '"""u.L.L..LOR I D '_J.._ / L 0 □ OTHER -r N--I(_) 0 CV'1- ~ 0-rf\<L eu ~-tJ1.N't~ /1o I ;J/-o 0d-dJ . ./ 8. BY ALLEGED VIOLATOR(S): □ TESTIMONY (UNDER OATH) □ NO TESTIMONY OFFERED □ OTHER -------------.......------------------- 4. BASIC UNDERLYING FACTS: DEPARTMENT IS D IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIO NS OF LAW: FUNDAMENTAL ISSUE : / WHETHER THERE IS SUBSTANTIAL COMPETENT EVID'6i..._t:j 6 E TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? [l YES D NO 118 6. ULTIMATE FINDINGS: I . A. IT l~/rHE DETERMINATION OF THIS SPECIAL MAGISTRATE THAT THE SUBJECT VIOLA TIO~.,,. M WAS □ WAS NOT ... ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 15-82.1) OF THE C DE OF ORDINANCES OF THE Cl1Y OF SOUTH MIAMI, FLORIDA. · ASED ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLATOR(S) GUILTY □ NOT GUILTY OF THE SUBJECT VIOLATION . C. IT IS HEREBY ORDERED THAT THE FOLLOWING ACTIONS BE TAKEN: 1.Violator(s) shall pay to the City Clerk$ 6 i/0 . ([() (civil penalty for each violation) and $ /JS, M,) (hearing costs), totaling __._.,s:f/-c-~-+,·-/~J ~5~~-£51~l)~--------- (NOTE: if the full amount of the civil pen alty incurred and administrative cost a·ssessed remains unpaid after the execution of this order, a certifi ed c opy of said order may be recorded in the Public Reco rd s of Miami-Dade County which shall constitute a li en against the vio l ator's property , real or personal. The City may foreclose on any such lien, which rem ains unpaid after three (3) m onths from the tim e the lien is filed.) 2. Deadline for compliance □ SHALL be extended to (Date) ___ _ □ SHALL NOT be extended. (NOTE: If t he v io lation subject to this action remains uncorrected afte r the deadline for compliance indicated herein above, an ad dit ional civil penalty in the same amou nt sp ec ified in th is order shall begin to accrue for each day following the deadline for co mp liance and shall continue to run unt il the violation is corrected .) 7. ADMINISTRATIVE NOTATIONS: D SPECIAL PROVISIONS OF ORDER: ·o:t ,/'Yf · 1 a.) ( a_µ_ . ct/ ... I □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS : NOTE : If you wish to appea l the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later th a n 30 days from the date ::~p1ial Magistrate's decision was rendered . COPY MAILED/DELIVERED TO ALLEG VIOLATOR ON: /0 /1f__ /2_ . .t- l:l aZn~~ I I (j!l_ C L 119 SPECIAL MAGISTRATE'S ORDER: FINDINGS OF FACT & CONCLUSIONS OF LAW CITY OF SOUTH MIAMI, FLORIDA 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663-6335 25 54 40 .23 AC LEGAL DESCRIPTION: COCOPLUM TERR ADON PB 48-38 N1 00FT BLK 5 LOT SIZE 10000 SQUARE FEET OR 21958-0616 12 2003 6 TAX FOLIO NO: 09-4025-01 2-0500 6600 SW 62 Avenue PROPERTY LOCATION: South Miami , Fl. 33143 OWNER: CONSOLIDATED RESEARCH AND PLANNING CORP ALLEGED VIOLA TOR: TENANT: STUNNA'S FIT LLC CASE NO.: I 21-00251 I HEARING DATE: I Mav 20 , 2022 FINDINGS OF FACT: 1 . T'7-FOLLOWING ARE APPU CA o/ TO TH IS HEARING (ch eck ap propriate boxes) 6 VIOLATOR(S) PRESENT tl VIO LATORS AG E NT PRE SE NT □ FAILED TO APPEAR D NON-COMPLIANCE D NON-PAYMENT OF CIVIL PENAL TY D REPEAT VIOLATION D CONTINUING VIOLATION □ COMPLIANCE □ HEARING CONTINUED D HEARING RESCHEDULED D APPEAL WITHDRAWN D VIOLATION DISMISSED □ DECISION DEFERRED D CASE WITHDRAWN D OTHER _______ _ 8 . BY ALLEGED VIOLATOR(S): ~STIMONY (UNDER OATH) D NO TESTIMONY OFFERED D OTHER ______________ -+------------------ 4. BASIC UNDERLYING FACTS: DEPARTMENT · IS D IS NOT CORRECT IN ITS ASSESSMENT OF THE SUBJECT VIOLATION. (Further explanation if any) ________________ _ CONCLUSIONS OF LAW : 5. FUNDAMENTAL ISSUE: WHETHER THERE IS SUBSTANTIAL COMPETENT EVIDENa:'TO INDICATE THAT THE VIOLATOR(S) IS/ARE RESPONSIBLE FOR THE SUBJECT VIOLATION? ~ES D NO 120 6. ULTIMAT~FI DIN GS: A. IT HE DETERMINATION OF THIS SPECIAL MAG ISTRATE THAT THE SUBJ ECT VIO LATIO N WAS □ WAS NOT ... ISSUED IN ACCO RDANCE WITH THE PRO V ISIONS O F CHAP TER b)(1) OF THE LAND DEVELOPMENT CODE . D ON THE FORGOING, THIS SPECIAL MAGISTRATE FINDS THE VIOLA TOR(S) , -') r; .Jt1M..J LTV □ NOT GUILTY OF THE SUBJECT VIOLATION . / CJ'-, 1 0 (. - C. IT IS HEREBY ORDERED THAT THE FOLLOWlp-}CJ 10 /})~5JT~: (U./J5 ffe..J:;(fl ~-l, QOQ. / 1.Violator(s) shall pay to the City Clerk$ 3 i 0. btJ ~vi(;:n;lty for each violation) and f-d /J.y;elf]lv/, $ /J, S. fYD (hearing costs), totali ng\ '3 0 g ~ <[5 -;J.:o•lj (NOTE : if the full amount of the civil penalty incu rre d an d admin istrative cost assessed rema ins unpaid after th e execution of this orde r, a cert ifi ed copy of sai d o rder may be re corded in the P ublic Records of Miami-Dade County which shall constitute a lien against the violator's property , real or personal. The City m ay fo re cl ose on a ny such lien , whic h remai ns unpaid after three {3 ) mznlh from th e time the lien is fi led.) . 2. Deadline for c ompliance □ SHALL be exte nded to (Date)____ SHALL NOT be exten ded. (NOTE: If the vio lation s ubj ec t to this action re ma ins uncorre c ted afte r the deadline for compliance indicated herein above, an additional civil pena lt y in the same amount specifi e d in this o rder shall begin to accrue for each day following the deadli ne for compliance and shall continue to run until the violation is corrected.) 7. ADMINISTRATIVE NOTATIONS: □ SPECIAL MAGISTRATE 'S DECISION DEFERRED FOR THE FOLLOWING REASONS: (NOTE: Spec ial Magistrate's Decision incorp May 20 . 2022 Date Decision Rendered NOTE: If you wish to appeal the Special Magistrate's decision, you must do so in the manner provided in Section 2-25 of City of South Miami Code of Ordinances, no later than 30 days from the date the Special Magistrate's decision was rendered . . AILED/DELIVERED TO ALLEGED VIOLA TOR ON: ma1 2Q, 2cJ2Z 121 (i) ORDINANCE NO. 19-21-2409 An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-3.6 (V) and 20-3.J(D), (E) and (F) to reorganize sections of the Code concerning outside activities of businesses and to provide further regulation of business activity. WHEREAS, Section 20-3.J(E) controls and regulates outdoor seating and dining; and WHEREAS, outdoor seating and dining is one of the exceptions to the requirements of Section 20-3.6(V) that restricts all business activity to the inside of a building; and WHEREAS, there are regulations in Section 20-3.J(E) that should apply equally to all business activities that are allowed in Section 20-3.6(V) to be conducted outside of a structure; and WHEREAS, certain ex1stmg regulations do not provide a clear process for providing procedural due process to business and property owners who are doing business in the City; and WHEREAS, since Section 20-3.6(V) does provide an exception for outdoor seating/dining, it would be more appropriate for Section 20-3.J(E) to be incorporated into Section 20 -3.6(V) so that the regulations of business activities conducted outside of a structure is consistently and equitably controlled; and WHEREAS, an amendment to Section 20-3.3(E) has been enacted to a11ow outdoor seating/dining on properties that are in the RM-24 zoning district if they are contiguous to the Hometown District Overlay; and WHEREAS, the amended Section 20-3.J(E) provides substantial regulation of sound emanating from outdoor business activity; and WHEREAS, sound emanating from businesses, including gyms, bars and restaurants that is above the surrounding ambient noise level has a disturbing effect on the quiet enjoyment of residential properties that abut, or that are across the street, from businesses that generate noise; and WHEREAS , the advent of high-intensity-interval-training (HIIT) in gyms poses substantial acoustical problems. These gyms that provide HIIT include workouts that often generate significant airborne and/or structure-borne noise and vibration. These noises and vibrations have been known to create a nuisance to adjacent noise-sensitive spaces. In some Page 1 of24 122Ord. No. 19-21-2409 of these HIIT activities, clients drop or throw weights on the floor or against the walls; and jump, kick, and/or hit heavy implements against various objects (e.g., tires)1; and WHEREAS, sound emanating from businesses can create a nuisance since sound can be detrimental to the health and welfare of residents of those neighborhoods that are in close proximity to these businesses; and WHEREAS, currently, Personal Skills Instruction Studios and Physical Fitness facilities have specific restrictions on sound emanating from the structure in which the business operates (see Land Development Code, Section 20-3.3(0) footnote****); and WHEREAS, the sound regulations concerning outside commercial activity should apply to all businesses that are similarly situated; and WHEREAS, the Planning Board has reviewed this proposed ordinance at the Planning Board meeting held on July 13, 2021 and the proposal was denied approval by a vote of 5 yeas and 2 nays. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Chapter 20 Section 20-3.6(V) of the City of South Miami's Land Development Code are hereby amended and will read as follows: 20-3.6 -Supplemental regulations. *** (V) Commercial Activity Conducted Outside of a Building. (1 )No eeA:n:Aercial activity conducted on Commercial Property, with the exception of those uses and activities listed in Sections (3) aAa (4) and (5) below, shall 13e ~ allowed to be conducted outside of a Fully Enclosed Beuilding unless a pFOper permit is issueEI pursuant te the regulatiens set jgrth in tl=lis Sectien. Outdoor business activity that is not listed in paragraphs (3). (4) and (5) below may be allowed on a temporary basis if a proper pennit is issued for such activity. The owner of any structure that houses commercial activity and-the operator of any business on such property are prohibited from allowing any sound emanating from within the building from being plainly audible at or inside the property line of any property that is a single-family dwelling, two-family dwelling or townhouse. with the exception of random, unintentional and intennittent sound created, or escaping from the structure, when people enter or leave the structure. 1 https://www.salter-inc.com/wp-content/uploads/NOISE-CON-2019-Experiences-with-Gym-Noise-and-Vibration-in-Mixed-Use-Buildings.pdf Page 2 of24 123 Ord. No. 19-21-2409 (2}_Private property. Outside retail merchandise display set out on private property shaY will be permitted subject to the following limitations and conditions; (a) The outside merchandise display may only include items which are sold inside the building of the business; the business must have a valid current business tax receipt ( occupational license); (b) A restaurant may not have an outside display of retail merchandise; ( c) The outside display of retail merchandise may not be placed on any vehicular parking spaces or in any area which blocks access to or from a required vehicular parking area; (d) The outside merchandise display may only occupy a maximum square footage of ten (10) percent of the gross square footage occupied by the business inside the building; the posted permit as required by Sl:!bsee~ioa subparagraph G) below. must indicate the square footage of the business inside the building and the square footage occupied by the outside display of retail merchandise. Additional parking spaces are required for all additional square footage of outdoor display; (e) The outside merchandise display may only include retail merchandise that can be immediately carried away by a customer after purchase; merchandise which requires delivery to the customer or requires being carried by hand truck or similar device is prohibited from being displayed outside the business; (f) The outside merchandise may only be displayed while the business is open and must be removed on or before the close of business for each calendar day; (g) Retail merchandise display set out on private property must obtain a permit from the Code Enforcement Department as set forth in the City's schedule of fees; (h) The outside display of retail merchandise permit regulations will be enforced using procedures set forth in the Code of Ordinances; (i) The outside display of retail merchandise permit may be revoked by the City Manager upon finding that one (I) or more conditions of these regulations were violated, or that the outside display of retail merchandise is being operated in a manner which constitutes a public nuisance or in any way constitutes a reasonable risk of potential liability to the City; G) Any business purchasing an outside display of retail merchandise permit consents to abide by the limitations and conditions set forth in this ordinance and 5ha» must display the required permit so that it is visible on the outside of the building during any period when there is an outside display of retail merchandise; a copy of this ordinance shaH must be furnished to all businesses purchasing an outside display of retail merchandise permit. (k) A business establishment may only place outdoor displays on private property. Page 3 of24 124Ord. No. 19-21-2409 (3) Recognized outside uses. (a) The following permitted and licensed uses are recognized as commercial activities tn1siResses whieh must that, by the nature of the business, are reguired to be, or are more efficiently, conducted coaeuet commefeial business outside of a building. However, the placement of retail merchandise outside of a building by the listed businesses shaH must nevertheless comply with the ~Fo,•isions, Of Fequire aclherenee the requirements, limitations and conditions concerning displays of merchandise outside of a business as set forth in this Subsection (V). These uses may be limited by the permitted use table in Section 20-3.3(0). All property owners and business owners whose business activities is first conducted in the City after October 1, 2021, and all restaurants no matter when their activity began. must obtain a non-transferable annual permit for the following activity: (i) Agricultural farming activities on public property; (ii) Vehicle repair and detailing; (iii) Vehicle sales; (iv) Motor vehicle service stations; (v) Bicycle rentals, sales, and service; (vi) Commercial nurseries; (vii) Outdoor dining/seating areas when part of a permitted and licensed restaurant. (b) Required conditions of business activity outside of a Fully Enclosed Structure: (i) Outdoor business activity. other than a restaurant. that is first conducted on or after October 1. 2021. and all restaurants with outdoor seating/dining (the Use) are only allowed if the business enters into an agreement with the City to comply with all of the conditions set forth in this subparagraph (b). (ii) The Use must not Abut a single-family dwelling. two-family dwelling or townhouse; (iii)All structures that are associated with the outside activity must be acoustically well-buffered so that no sound from within any building that services outdoor activity is plainly audible at or inside the property line of any property that is a single-family. two-family or townhouses. with the exception of random. unintentional and intermittent sound created, or escaping from the structure, when people enter or leave tbe structure; (iv)The owner of the property and operator of the business do not allow outdoor vocal sounds, music or the use of any device that emits sound. including but not limited to outdoor electronic speakers. handheld electronic devices. or musical instruments. by anyone, including Page 4 of24 125 Ord. No. 19-21-2409 customers, or other sound emanating from the outdoor business operations if the sound is plainly audible at or inside the property line of any property on which there is a townhouse. single-family dwelling or duplex (two-family dwelling) (Residential Property); (v) Nothing contained herein is intended to authorize sound that would otherwise be in violation of the City's Code, including the City's noise ' ordinances. (4) Special events exempted. Retail sales and activities associated with special events such as, but not limited to, art fairs, art festivals, fund raising events, and special promotion programs which have received a Special Events Permit from the City shall is not be required to obtain a permit for the outside display of retail merchandise as set forth in this ordiAanee Subsection (V). (5) Reserved. Outdoor Seating/Dining. (a) Definitions. Solely for the purposes of this Subsection (V). the following words, terms and phrases, when used in this Subsection (V) will have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning: Abut or Abulling means that one lot or parcel is contiguous with another lot or parcel or separated only by a right of way. Applicant means the person or entity that applies for a permit. City means the City of South Miami, except that when the context suggests an individual will take some action on behalf of the City, the term City will be interpreted to mean the City Manager or designee. City Manager means the City Manager or the City Manager's designee. Code compliance officer means the code compliance officers or code enforcement officer, or any other authorized agent or employee of the City whose duty it is to assure compliance with the City's Land Development Code or the City's Code of Ordinances. Commercial Properties means real estate that is used for business activities but not including residential properties located in any residentially zoned districts other than RM-24 and they are in or contiguous to the Hometown District Overlay Zone. Contiguous with a public right-of-way means outdoor locations that abut the public right-of-way and are not completely separated from such right-of-way by any permanent structures or walls. Fully Enclosed Building means a building whose openings remain closed except for the normal and reasonable opening of doors when entering or leaving the building. Menu board means a board a11owing for the posting of a restaurant's menu and fabricated in such a manner so as not to constitute a form of general advertising or establishment identification. Nuisance means any of the places or acts defined by Section 823.05, Fla . Stat., Page 5 of24 126Ord. No. 19-21-2409 Outdoor seating and dining means tables and/or seating that are situated outdoors and where food and/or beverages are sold, served and/or consumed or where they are intended to be sold, served and/or consumed and includes sidewalk cafes. Outdoor means an area outside of a permanent structure that may or may not be permanently covered with a roof. Permanent Structure means a structure permanently affixed to the groWld, which has four walls and a roof and that might or might not have an opening to the outdoor seating and dining areas. Permittee means the recipient of an Outdoor Seating/Dining Permit under the terms and provisions of this paragraph (5). Permit Year means the City's fiscal year that commences on October 1 and that ends on September 30 of the following calendar year. Restaurant means a food service establishment that is maintained and operated as a place where food and/or beverages are prepared and/or served and sold for consumption within the premises, or a business establishment which has, as an ancillary or secondary use, a part thereof where food and/or beverages are prepared and/or served and sold for conswnption within the premises. Right-of-way. or public right-of-way, means land in which a governmental body owns the fee title or has an easement devoted to or required for use as a transportation facility including sidewalks and streets. Sandwich board sign has the same definition as set forth in Section 20-4.3(8) under the name "Sign, portable outdoor dining." Seating means any type of chair or other furniture provided for or used by customers for the intended purpose of sitting while consuming beverages or food. Sidewalk means that portion of the right-of-way which is intended for use by pedestrians and is located between the curb line or the lateral line of a street and the adjacent property line. Sidewalk cafe ("Cafe") means an outdoor seating and dining use located on a right-of-way or on private property that is contiguous with a public right-of-way and which is associated with a restaurant and is primarily characterized by tables and chairs; may be shaded by awnings. canopies or umbrellas: and may include such other sidewalk Cafe furniture as permitted and/or approved pursuant to this paragraph (5). Sign has the same meaning as provided for in Section 20-4.3 of this Code. Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic and/or parking. Table means any furniture which is used for the placement of food or beverages. (b) Outdoor seating/dining is permitted on all commercial properties located anywhere in the City with the exception of commercial properties located in the NR Neighborhood Retail. the RO Residential Office and RM-24 (Medium Density Multifamily Residential) zoned districts. Outdoor seating/dining is only pennitted in the NR Neighborhood Retail., the RO Residential Office and RM-24 (Medium Density Multifamily Residential) zoned districts if they are located within or contiguous to the Hometown Page 6 of24 127 Ord. No. 19-21-2409 District Overlay Zone {HD). If the property is outside of, but contiguous to. the HD. it must be unified with a property that is within the HD and the owner must have recorded a Unity of Title as to those parcels; and (c) A permit application for outdoor seating and dining or a sidewalk cafe on public property or on public rights-of-way or on private property contiguous with a public right-of-way, must be filed with the Planning and Zoning Department and approved by the City Manager prior to such use. The application must include a layout {site plan) of the location of all tables. chairs (including number and type of chairs). benches. and other furniture: pedestrian ingress and egress: location of refuse containers; location of approved outdoor speakers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area {all drawings must be titled, indicate orientation, and be at an acceptable scale). If applicable, the site plan must clearly indicate which seats and tables are on private property and which are on the public right-of-way. The City Manager may require that an amended site plan be submitted in order to address specific problems. At least seven (7) days prior to the City's Manager's decision on an application for a property that is located in the NR Neighborhood Retail. the RO Residential Office or RM-24 (Medium Density Multifamily Residential) zoned district and located within or contiguous to the Hometown District Overlay Zone (HD). the City must post a sign on the subject property which identifies the nature of the pending application and the means by which questions or comments on the application may be directed. The City Manager will consider any comments received by the public prior to issuing a decision on the application. (d) A permit for a sidewalk cafe or outdoor seating/dining areas and uses of the public right-of-way and/or any private property contiguous with a public right-of-way (hereinafter referred to as an "outdoor seating/dining permit") may be approved, denied, or approved with conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the intent. purposes. standards, and requirements of the related regulations by the City Manager. Such outdoor seating/dining permit is not transferable in any manner and it is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual business tax receipt. annual proof of compliance with the requirements of this ordinance, including insurance and. if applicable, payment of the per seat fee set forth below. ( e) The fee for outdoor seating/dining permit will be charged annually, and paid at the same time as the applicant/permittee pays its business tax receipt. for each outdoor seat located on public rights-of-way or on any private property contiguous with a public right-of-way and/or any stand-alone table top with no seating which is provided in conjunction with the sale of, or intended to be used for, or in the course of. the consumption of beverages or food. If the applicant has an existing restaurant, the initial fee will be prorated based on the time remaining before the applicant's business tax receipt expires. The permit fees to be charged will be set forth in the City's schedule of Fees. Page 7 'of24 128Ord. No. 19-21-2409 The permit fee will be added to the annual business tax receipt and the payment of all outstanding violation fees for the main business. No outdoor seating/dining permit will be issued while the applicant/permittee is delinquent in the payment of any money owed to the City. (t) The applicant/permittee must provide the City with: (i) A copy of the business tax receipt from the City of South Miami: (ii) Copies of all required health department permits to operate a sidewalk cafe or equivalent outdoor seating/dining restaurant: (iii)A policy and/or certificate of insurance and an indemnification agreement that is acceptable to the City Manager and that provides for compliance with the City's insurance and indemnification requirements, including: a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage; b. For sidewalk cafes and other outdoor seating/dining area that serve alcoholic beverages, liquor liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage; c. A Workers' compensation and employers' liability policy as required by the state of Florida; d. The City must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement to cover liability applicable to outdoor seating/dining and/or sidewalk cafes as described in this paragraph (5): e. All policies must be issued by companies authorized to do business in Florida and rated A-VIII or better per Best's Key Rating Guide. latest edition. The City Manager may increase these insurance requirements provided such requirements are applied to all parties similarly situated; f. Proof of insurance must be provided to the City as a requirement of the pennit. If such proof is a nonbinding certificate. the applicant/permittee's insurance agent or carrier must annually advise the City in writing, on a form acceptable to the City Manager under penalty of perjury, of the insurance coverage being provided. the term of the coverage and verifying that the outdoor seating/dining area and the City are covered by the required insurance. Such affidavit/declaration must include the policy number, company name and company contact information and the fonn numbers of the policy and all of the endorsements to the policy. City administrative staff may contact the permittee's insurance company periodically to verify the existence and continuance of such insurance; however, this in no way relieves the insurance agent of the agent's duty to provide truthful information to the City. Unless the owner or operator of the outdoor seating/dining area provides the City with a binding certificate of insurance and an endorsement to provide the Page 8 of24 129 Ord. No. 19-21-2409 City with at least ten ( l 0) days' advanced notice of intent to cancel the policy, the owner or operator must pay the City a fee each time the City contacts the insurance company, to cover the cost to verify existence of coverage . Failure to comply with these reguirements will be deemed to be operating without a valid permit and, upon a finding by the City Manager that such failure has occurred, will cause an immediate suspension of the permit and the assessment of a daily fine as set forth in the City's schedule of fines until the permit is revoked or the reguirements are met. Applications for permits must include an indemnification of the City for any and all liability associated with the pennittee's operation of the sidewalk cafe/outdoor seating and dining area. (g) It is a violation of this paragraph (5) to operate the sidewalk cafe/outdoor seating and dining area in a manner that is inconsistent with the approved site plan or constitutes a nuisance as defined in this Subsection 20-3.6(V), or that in any way constitutes a unreasonable risk of injury to persons or damage to property or potential liability to the City (h) An outdoor seating/dining permit may be temporarily expanded by the City Manager upon receipt of a written reguest including a site plan during special events. (i) An outdoor seating/dining permit area must be kept in a neat and orderly appearance and must be kept free from refuse and debris. The perrnittee is responsible for daily cleaning and sweeping of the sidewalk cafe area and for the cleanliness and maintenance of any outdoor planters immediately adjacent to the outdoor seating/dining area. Cleaning includes twice-monthly pressure cleaning or other appropriate cleaning methods, as determined by the City. Use of City sidewalks for trash and garbage removal is prohibited. (i) A sidewalk cafe must not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service casements, handicap facilities, or access to any other public, residential or commercial establishments. The width and location of the sidewalk pedestrian passage through the sidewalk cafe must be as follows: (i) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must remain unobstructed by outdoor seating furniture and the maneuvering of chairs, and dear for pedestrian passage; (ii) If there is seating on two (2) sides of the sidewalk, a minimum of five (5) feet of sidewalk between the two (2) seating areas must remain unobstructed by outdoor seating furniture and the maneuvering of chairs, and clear for pedestrian passage: (iii)AU outdoor furniture, including but not limited to, tables, chairs and umbrellas (excluding outdoor planters). must be located a minimum of eighteen (18) inches from the curb. (k) A sidewalk cafe on the public rights-of-way must be open and unenclosed. No building structures of any kind is allowed in or over any portion of the outdoor Page 9 of24 130Ord. No. 19-21-2409 seating/dining area located on public property. except by prior express written authority of the City Manager. (I) Tables. chairs and all other furniture used in the operation of an outdoor seating/dining area on the public rights-of-way may not be anchored or restrained in any manner. Individual t~ble umbrellas, planters. or other such non-stationary elements may be pennitted within the outdoor seating/dining area and, where applicable, must have a minimum clearance height of seven (7) feet above the sidewalk. (m)A sidewalk cafe must apply for and receive advanced written specific approval to provide amplified sound of any kind in the outdoor seating area. In the event the City Manager detennines that the amplified sound constitutes a nuisance as defined in this Subsection 20-3.6(V). the City Manager will impose additional conditions; in the event of a second offense, the City Manager wil) revoke the approval authorizing the use of amplified sound. Sound must be kept at a low volume so as to not disturb neighboring businesses, residences, or to be audible in neighboring residential districts. Plans for amplified sound must be submitted with the site plan. Each establishment must sign an agreement in order to have amplified music. (n) A sidewalk cafe on public rights-of-way is restricted to the length of the sidewalk or public right-of-way immediately fronting the sidewalk cafe unless expressly authorized in writing by the City Manager. The utilization of space extending beyond the subject property frontage onto the immediately adjacent property may be authorized by the City Manager with the express written approval of the adjacent storefront owner; however, the seats and chairs in this location may not block the adjacent storefront windows. This expansion is subject to annual written consent provided by the property owners in front of whose properties the outdoor seating/dining service would occur. The annual written consent form must be provided to the City and must include an insurance policy naming the City as an additional insured and a hold harmless clause in favor of the City. ( o) A sidewalk cafe must be at the same elevation as the adjoining sidewalk or public right-of-way unless expressly authorized in writing by the City Manager. (p) Carts and trays for serving food are pennitted in the outdoor seating/dining area but must comply with the provisions of paragraph 9(a) and (b). (q) The maximum number of outdoor seats may not exceed eighty (80) percent of the number of indoor seating. except for restaurants with indoor seating of twenty-five (25) seats or less which may have outdoor seats not to exceed one hundred (100) percent of the number of indoor seats. (r) During the operating hours all outdoor furniture must be securely placed as shown on the approved site plan or as may be ordered by the City Manager in writing. After operating hours, outdoor furniture must be neatly stacked to a maximum height of five (5) feet without blocking the sidewalk. A City approved cover may be required by the City Manager for chairs left outside when stacked. (s) No person, property owner. lessee or restaurant may allow outdoor seating/dining without a pennit. Each day that outdoor seating/dining or similar activity occurs without a permit or in violation of the site plan, constitutes a separate incident of violation and results in a fine for each day of continued Page 10 of24 131 Ord. No. 19-21-2409 violation. The continuing operation of a sidewalk cafe or any outdoor seating/dining activity without a permit as required by this ordinance after the receipt of a violation notice from the City Manager may also result in the revocation of the restaurant business tax receipt pursuant to Section 13-16 of the City Code. (t) Any violation of the regulations and standards set forth in this paragraph (5) constitutes a separate violation. The violator of a subsequent violation of any of the regulations and standards set forth in this paragraph (5) will be fined for each day of such continued violation as set forth in the City's schedule of fines. The continuing operation of an activity governed by this paragraph (5) without a permit or with a suspended permit or after the receipt of a violation notice from the City Manager and the failure to timely cure the violation. may result in the revocation of the business tax receipt of the person or entity responsible, pursuant to Section 13-16 of the City Code. (u) The City will issue twenty-four-hour warning notices for all non-life safety violations of this paragraph (5) which must be corrected with twenty-four (24) hours of receipt of such notice. (v) No warning notices are required prior to the issuance of a violation for failure to have a permit or for life safety violations and/or life safety or sidewalk cafe site plan violations and such violations must be corrected immediate]y. Life safety violations are defined as those conditions which, in the reasonable determination and judgment of the City Manager, involve serious danger and/or risk to the public health. safety or we]fare (including. without limitation, b1ocking pedestrian pathways and violations of the state accessibility code for building construction). Life safety outdoor seating/dining site plan violations are defined to include those instances where the pennittee is operating outside of the permitted outdoor seating/dining use area (as approved pursuant to this code) such as where sidewalk cafe furniture is found outside the approved boundaries of the outdoor seating/dining use site plan; but will not be deemed to include instances where a chair or chairs are temporarily moved outside the approved boundaries of site plan by a sidewalk cafe patron(s) unless it remains in such unauthorized location for more than fifteen ( 15) minutes. (w)If City personnel finds a violation of this ordinance after a twenty-four-hour warning notice of such violation as been previously issued. then a notice of violation will be issued to the violator. No such warning notice is required for the failure to have a va]id permit or for life safety violations of this paragraph (5) and for life safety outdoor seating/dining site plan violations. and a violation may be issued at any time. (x) The City Manager or designee may order all furniture. including. but not limited to. seats, tab]es, and planters to be removed in the event of a pending stonn. hurricane. or other declared emergency . (y) Tables. chairs and other furniture on the sidewalk may be removed by the City, and a reasonable fee charged for labor. transportation, and storage as well as a fine which is initially set at two hundred fifty dollars ($250.00) and which will be levied against the person or entity who owns and/or controls such furniture. should the responsib!e person or entity fail to remove said items within thirty- Page 11 of24 132Ord. No. 19-21-2409 six (36) hours of receipt of the City's notice to do so for any reason under this paragraph (5). In the event of a pending stonn. hurricane or other declared emergency, the City Manager may reduce the thirty-six (36) hour time frame. The City Manager will promulgate and review, as needed, regulations regarding the storage and disposition of sidewalk cafe furniture under this paragraph (5). (z) An outdoor seating/dining pennit may be temporarily suspended by the City Manager for public use/purpose, utility, sidewalk or road repairs, emergency situations. The length of suspension will be determined by the City Manager as necessary. Removal of all street furniture and related obstructions is the responsibility of the permittee as well as the owner/operator of the outdoor seating/dining area. (6)Limited effectiYe area. (a)Tke rights and prh·ileges granted by this ordinance are a\'ailable only to properties located v.«ithin the Zoning Use Districts ofgR, NR end TODD MUS. (b)A business establishment may only place outdoor displays en pri•1ate property. (6) Outdoor Seating/Dining Within the Downtown SoMi (OS) Zoning District. (a) Outdoor seating and dining or a Sidewalk Cafe on private property within the Downtown SoMi (DS) district is permitted upon approval of an outdoor seating site plan filed with and subject to administrative approval by the City Manager and the issuance of an outdoor seating and dining permit. The application for such administrative site plan approval must include a layout (site plan) of the location of all tables, chairs (including number and type of chairs), benches, and other furniture; pedestrian ingress and egress: location of refuse containers: location of approved outdoor speakers: and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, indicate orientation. and be at an acceptable scale). If applicable, the site plan must clearly indicate which tables, chairs. benches, and other furniture are on private property versus within a public right-of-way. Approval of outdoor seating/dining is subject to the availability of sufficient parking for said use and that accessibility and life safety standards are met, as based on adopted ordinances and building codes effective within the City. In addition, outdoor seating and dining within the OS district must comply with and is governed by Subsection (V) paragraph (3)(b)(i) through (v) and (vii) and paragraph (5)(m), (t), (u), {w) and {x). (b) Outdoor seating/dining located within a public right-of-way that is adjacent to or within the DS district is required to comply with the provisions of paragraph (5) of this Subsection (V). (7) A business license/Business Tax Receipt {BTR) or a pennit to operate outside of a structure may be revoked or suspended by the City Manager. ~ Suspension. The City Manager may suspend a pennit or a BTR for up to 30 days upon a finding that one or more of these Subsection (V) regulations Page 12 of24 133 Ord. No. 19-21-2409 have been violated or, in the case of a sidewalk cafe (Cafe) or Outdoor Dining, the business is being operated in a manner that is inconsistent with the approved site plan or constitutes a nuisance as defined in this Subsection 20-3.6(V), or in any way constitutes an unreasonable risk of injury to persons or damage to property or potential liability to the City provided the following conditions are met; (i) The City Manager is authorized to set the period of suspension, but it must be established by the City Manager as an administrative order that is consistently enforced against businesses that are similarly situated: (ii) the City Manager has given the business and property owner a courtesy Notice of Civil Infraction (Citation) of the violation and a reasonable time to correct the violation if the violation cannot be immediately ceased: (iii)A second violation of this Subsection M; (iv)The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48, Fla. Stat. for service of process, or certified mail delivery, or if the business or property owner have been communicating with the City by email, then service may be by email to which the owner either responds or in which the owner confirms receipt of the email, no later than ten (10) days prior to the date of the hearing: (v) The business and property owner are given a reasonable opportunity to be heard and to present evidence and cross examine witnesses (vi)The City Manager finds by competent substantial evidence that this Subsection {V) was violated {Substantiated Violation); (vii) In lieu of a hearing held by the City Manager. the City Manager may suspend the permit or BTR if the owner of the property and/or business owner who conducts outside commercial activity has been found to have violated this Subsection {V) by the City's Special Magistrate (Substantiated Violation) in accordance with the procedure set forth in Section 2-25 of the City's Code of Ordinances. ill Revocation. The City Manager may revoke the BTR or pennit after a hearing if there have been three (3) or more violations of this Subsection {V) within any one 90-day period of time and (i) The City Manager gives the business and property owner reasonable notice of the hearing by personal service or in the same manner as set forth in Chapter 48 , Fla . Stat. for service of process. or certified mail delivery. or if the business or property owner have been communicating with the City by email. then service may be by email to which the owner either responds or in which the owner confirms receipt of the email. no later than ten {10) days prior to Page 13 of24 134Ord. No 19-21-2409 the date of the hearing and an opportunity to show cause why the BTR or pennit should not be revoked ~ (ii) The business and property owner are given a reasonable opportunity to be heard, to present evidence and to cross examine witnesses. {£) Appeal. A decision by the City Manager to suspend (including a suspension due to a noise violation governed by this Subsection (V) or to revoke a BTR or pennit for failure· to comply with these regulations may be appealed by the property or business owner to the City Com.mission pursuant to the appeal procedure set forth in Section 13-105 of the City's Code of Ordinances. Notwithstanding anything contained in Section I 3-105 to the contrary, an appeal must be filed with the City Clerk within thirty (30) days of receipt of written notice of the City Manager's decision. An appeal of the City Manager's decision stays the implementation of the City Manager's decision unless the activity in guestion clearly meets the definition of a nuisance as defined in this Subsection 20-3.6(V) The City Commission must hear and enter a decision within sixty (60) days from the date the appeal is filed. The City Manager's decision must be in writing and indicate the grounds for this action and the provisions of the City's Code that have been violated. if any, and/or the nuisance that exists as defined in this Subsection 20-3.6(V). Section 3. Chapter 20 Section 20-3.3(0) and (E) of the City of South Miami's Land Development Code are hereby amended and will read as follows: 20-3.3 -Permitted use schedule . ••• (D) ••• **** **** **** **** **** Opticians or p p p Optical Goods Personal p p p p Skills Instruction Studio**** Photographic p p p Studio Physical s $ s Fitness Facility**** **** p p p p Page 14 of24 **** **** **** **** **** p p p p p p p p p p p p p p p p p **** **** p p p p 135 Ord. No. 19-21-2409 Physical p p p p p p p p Therapist **** **** **** **** **** **** **** **** **** **** **** *** [Footnote]**** All aoti'Jities must only ooour within a f1:1lly enolosea, sounaproof struoh:.1re and all openings shall remain slosed e*sept for immediate use i.-.•hen entering or leaving the building. e'liaenoe of suoh sounaproofing shall ee pro1i•iaea to the satisfaetion of the City. All businesses that adjoin or abut a single-family or multi-family zoned district may not be open before 8:00 a.m. and must close on or before 7:00 p.m.; otherwise if they are not adjoining or abutting such districts they it shall not be open before 6:00 a.m. and it-they must be closed on or before 10:00 p.m. No sauna emanating from the premises may be auaible at the property line so as to disrupt the reasonable oonauot of basis human aoti 1Jities, e.g., contemplation, con1Jersation or sleep. The fact that sauna is audible at the property line oonstitutes prima faoie e'lidenoe of a violation of this seetion of the Lana De•,elopment Coae. Gross floor area of the use shall not exceed two thousand (2,000) square feet. *** (E) Outdoor Seating/Dining. (1) Outdoor seating,idining is peffilitted on all commercial properties located Bflywhere ie the City with the eneeption of commercial propeRies located on R}.4 24 (Meeliem Density Multifamily Resideatial) 2oned districts \1rhich are locates within the Hometovm District O•,•erlay Zone (HD) aad i:R the NR Neigheorhood Retail aRd the RO ResideAtial Office 20ning districts. Outdoor seatieg,Ldieiag is oAly peffilitted iR the Jl,JR Jl,Jeigheorhooe Retail, the RO ResieeRtial Office and R.\4 24 (MeEiilfffl Density Ml:lltifamily Resideetial) 2:oned districts if they are located within er eontiguoes to the Hometewn District Overlay Zone (HD) aBEi operate uneer the followieg conditions: (a) Outdoor seatingldiniAg is ORiy allowed if the eusieess that is seekiRg a peffilit for this ese enters iRto an agreemeAt wit:h the City to comply with all of the coneitions set forth in this sl:leparagraph ( 1 ); (h) The peffflit is not tmnsferaele; (e) The use does not Ae\it a single family dwelling, t\vo family dwelling or towahoese (d) the ese is acoustically well euffered so that ne SOUR8 emanatiflg ft:om within the h1:1ilding that ser.·ices outdoor dining is plaiRly aeaihle at or iAside the property line of any property that is a siRgle family, two fflffiily or to't'm:house, ·Nith the e*eeption of intenmttent souRds of short duration associatee with doors eeing openee betweea a building that services 01:1:tdoor dining and l¼AY oeteoor dieing area; (e) the O't'lfler of the property l¼Ad operator of the b1:1:siness do Rot allow oetdoor music or singiflg or the use of any device that emits souRd, incluEling eut not limited to Ol:ltdoor electroAic speakers, handheld electroftie Eleviees, or m1::1-sical instrameats, ey anyone , ieclueing customers, if the sauna is plainly Page 15 of24 p **** **** 136Ord. No. 19-21-2409 aeelible at or insiele the property line of DRY property on whieh there is a to·Nnho1:1se, smgle family el•11elling, or a elupleM (two family dwelliag); (f) If the property is outside of, but eontigtteus to, the MD, it m\:lst he UR:ifiea with a property that is within the HD ana the o'twer m1:1st have recordea a Unity of Title as to those pare els. (2) /'•, peffftit applieatioA for O\:lteloor seating and diAing or a siciewa1k cafe OR publie property or oA puelie rights of way or on pri\•ate property eoAtiguoHs •• ,,.ith a pl¾blic right of •Nay, must be filed 1Nith the Plannmg and Zoaing Depa-rtmef!:t and appro:Yed ay the Cit)• Maaager 19rior to sHeh use. The applicatieA m1:1st iAeluae a layout (site 19lan.) of the loeatien of all tables, chairs (includiag m:1mber anEI t)·pe of-chairs), benehes, anEI ether fl:tmit1:1re; pedeskiaH iugn::ss w:ul egress; location of refuse contaiflers; location of approYed outdoor speakers; and other elements necessary to illustrate the proposed outeloor seatiAgtdieing use and area (all dre1wiRgs mHSt be tided, iRelicate orieatatioR, anel ae at aa acceptable scaJe). If applicable, the site plan mHsl clearly indioate •,vhich seats and tables are on priv~te property aael 11.•kieh are on the puhlic right of vray. The City Manager may reqlHre that aa ar-nl!f!ded site plan he sHbmitted in oreler to address Sf)ecific prohlems. At least se•.1en (7) days f)rior to the City's Manager's decision on an application f.or a property that is 2:oned NR Weighhorhooa Retail, RO Residential Offiee or.RM 2q that is locate in or contigtious to the Hometo,¥A Distriet O·,•erla,• ZoRe (HD), the Cit)• JBtiSt post a sign en the subjeet property ,.,,hich identifies the naft:lfe of the pendiag application ami the means hy which questions or comFAents on the applicatioa ma,• be directea. The City Manager Fnust consider any eemments received by the public prior to issuieg a deeisiee on the application. (3) The f.ollo1+,•ing words, teFFHs and phrases, when 1:1Sed in this code, shall hwre the meanings ascribed to them in this section, e*eept where the eoetext clearly iedicates a different meaAing: Abut or Abuttiag Fneans tRat one lot er pareel is contiguous with anotker lot or pareel or separated only by a right of way. l\:pplicant means the persoR or eRtity that applies f.or a peffftit. City means the City of South Miami, e~ccept that when the eonte*t suggests an indi,•idual will take some action on hehalf of the City, the teFFH Cit)· shall he interpreted to mean the City Manager or designee. City Manager means the City Manager or the Git)· Manager's designee. Coele compliance offieer means the code eom13liance effieers, or any other authorirred agent or employee of the Cit)• whose dut)• it is to assHre coraplianee with the City's Land De1relopment Code or the City's Code of Ordinanees. Commercial Properties means real estate that is Hsed f.or business activities but not i-Rcluding residential properties loeated in BA)' residentially 2:oned districts other than RM 24 and the)' ar:e in or eontigHous to the J.lometo1,vn District O•rerlay Zofle: Page 16 of24 137 Ord. No. 19-21-2409 Contigl!OUS 'Nith a pablie right of wa-y, fer purposes oft:his seetien only, sha-11 Jfieen oatsoer locations that abut t:he 1:n:1blic right ef v,r-e;r and are Hot eofflpletely separated fFeffl saeh right of way ey any J:lermaaent struetures or walls. Mena boars means a hoard allowing for the posting ef a resta1::1FaAt's men1:1 aed fabricates in s1:1ch a manner se as net to eenstitute a farm of geaefftl ad•,rertisiag or establishmeet idemifieatien. O1:1td0or seatiflg S:Rd diAing means tahles and/or seating t:hat afe situated 01:1tdoors enel. 1Nhere food and/or heverages are sold, sen•ed and/er coHsumed or where they ere intended te be selel, serYeel and/or eensl:lB'l.ed aad inel1:1des siele·.•,alk eaf~s. Outdoor, fer purposes ef this seetieR only, shall meaa an area outside of a permaneRt straet1:1re that may or may ROt be peffllaneRtly co,·ereel ·.vith a roof. Permanent Smieture, for fH¾rposes of this seetion only, shaJI mean a stnJctttre pemianeAtly affixeel to the greanel, vlhich has four walls BAd a roof and that might or might aot have an opeRiag to the omdoor seating and diniflg areas. Permittee mellfts the recipient of an Outdoor SeatiRfifDiniag Peffllit U:Ader the terms aad proYisiens of t:his seetion BAd for p\:lrposes efthis section oR:ly. Permit Year means the City's fiscal year that commences on October I aael. that eads on September 30 of the following calendar year. Restaurant fer purposes of this sectioa only, means a food serYiee esta-blishment that is maiatained and operated as a plaee 'tvhere food and/er heverages are prepared and/or seFYed and sold for consumptioa wiH=tin the premises, or a husmess esta-blislmient \¥B:ieh t1as, as an Cl:fleillary er secondary use, a part t:hereef where food and/or aeverages are prepared Cl:fldlor sef\•ed Cl:fld sold for eonsl:lfllptioe wilh:ie the premises. Right ef wa:y, or puhlic right of way, for p1:1:fJ3oses of this section oaly, means laHd in \¥B:ich a go•,•emmeRtal hod~, OWflS the fee title er has Cl:fl easement de,•eteel to or reqaired for use as a tranSf)ertation facility incl1:1ding sidevralks Bftd streets. SBfldwieh board sign. shall have the same defieitioe as set forth in Seetioe 20 4 .3(8) U:Ader the name 11 Sige, ponable outdoor Elfoiag." Seatiag means any t)'J:le of cha,ir or other furniture provided for er used by eastemers fer the intended purpose efsitting "t¥Rile eoasamiBg heverages or food. Side• • ..,alk meaas that portion of the right ef way whieh is iatended fer use hy pedestrians and is located hetween the curb lifie or the lateFa:l line of a sa=eet and the adjacent property liee. Side\•;alk eafe ("Cafe") meaas an outdoor seatieg and dinieg use located on a rigkt of wa:y or on pri,•ate property teat is contiguous with a public right of way and whieh is associated with a restaarCl:flt Cl:fld is primarily charaeteri:z:ed by tables 8:Fl:d chairs; ma~• be shaded h~· awniAgs, caHopies or umhrellas; and may ieel1::1de su~h otker sidev1•alk Cafe furniture as permitted and/or 8f>pro·1ed p1;1rsuaet to this seetien. Sige shall ha•,•e the same meaRing as pro 1t1ided for in Secti~A 20 4.3 ef~his_eoe:ie. Street mea:As that =portioe of a right of wa,• impro•,ied, designed or ordmanly used fer ,,eruculer a=affic and/or parldng. Tahle mea:As any furniture which is used for the placement of food or be\'0fages. (4) A permit for a sidewalk cafe or outdoor seatiAg,4:lining areas aed uses of the public right of way and/or any private property contig1:101:1s with a p\:lblic rigkt Page 17 of24 138 Ord. No. 19-21-2409 of w-ay (hereieafi.er referreEi te as an "01:1tdoor seatiewaieieg permit") may ae appro¥ed, denied, er appro•,•ed with eoeeitiees, modifieatioes safeg1:1ards or · stipl¼latioes appropriately anEi reesoBably related to the i~eat, pUfJ)o~es, standerels, and requiremeats of the related regl¼lat.ioes by the City Manager. S1:1eh outeloor seatie~elie,ieg permit shall eet be transferable ie ooy mar.ner anel is strietly a eoeelitioBal use 1:1ermit; issueel for a period of one year, renewable anBually yfa paymeet of the annW!l b1:1siness tmt reeeipt, er.nual proof of eomplianee with the requirements of this ordinaRee, ineluelieg iasuraaee aed, if apf)lieable, f)El)'mem of the per seat fee set ferth belo•.v. (5) The fee fer outdoor seatiegtelieiag permit shall be ehargeel er.nuall)', aeel paid at the same time as the applieant/permittee pEl)'S its business tax reeeipt, for eaeh outeloor seat leeated oe publie rights of wa)' er OR OO)' private property eoetiguo1:1s ·.¥ith a publie right of ·.vay Emel/or an)' staAd alone table top \'lite no seatiag •,i,'Rieh is provided ie eenjunetion with the sale of, or intended to ae u,sed for, or in the course of, the eonsumption ofae¥ereges or feed. If the epf)lieant hes an existing restaUfaRt; the initial fee sha-11 ae prorated eased on the time remainieg befere the applicoot's b1:1siness tax receipt expires. The permit fees to be eberged skall be set ferth ie the City's Sehed1:1le of Fees and Fiees. The permit fee shaJI ae aelded to the ar.nual eusieess tax reeeipt anel the payment of all outstaRdiflg violation fees for the main b1;15iness. 'Ne outaoor seatiewdieing permit shall ee issuecl while the Bf>plicant/permiuee is delinq1:1eet ie the pEl)'ment of any money oweel to the City. (6) The epplicant/permiuee shall pre·,•icle the City with: (a) A eep)' of the busieess tax receipt from the City of Seatb Miami. (h) Copies of all reeiuired health elepartrneat permits to operate a sidewalk eafe er equh•aleflt outeloer seatiag,ldiHiRg restaurant. (e) A f>Oliey BRdtor eertifieate ef iasurance anel 8f1 inelemftification Bgfeernent tflat is eeeepteble to tfle City Manager aAel that pro:vides for compliance with the City's iasHffifiee anel iaelemnification req1:1ireraeats, iBel1:1eli:ng the fellowiag: (i) Commereial geHeral liability insurance ia the ame\:Hlt of eae million dollars ($1,000,000.00) per occurrence for bodily iH-jw:y anel f)roperty elamege. The City rn'l:lSt be named es an additional insured en this policy, and cm eedersemeAt must be issued as part of the policy reflecting eompliance with this requiremeat to cover liability applicable to 01:itdeer seatingtdiffillg anel/or siele,..,•alk cares as deseribed in this 0rdiflBF1ce. (ii) Fer sielewallc cafes anel other outdoor seatiagtclinieg erea that serve aleeholie beverages, liquor liability iesurcmee ia the amo1:1Bt of one millioa elollars ($1,000,000.00) per occurreHce for bodily iH-jury and property damage. The City must be named as oo additional ins1:1red on tkis policy, anel an enelorsemeat must he issued as f>B:11 of the policy refleetiag cempliBflee with this requiremeet to eo¥er liaaility epplieable to outdoor seating,ldiRing andtor sidewallc cafes es descrihed in this ordiRanee. (iii) Workers' eempeasatioe aRd em13lo)·ers' lieeility as required ey the state. All policies must he issued h~• eemJ:Jlfflies authori2:ed to de b1;15iness ia Florida and ratecl A VIII or hetter J:Jer Best's Key Ratiag Guide, latest editiea. The City Page 18 of24 139 Ord. No. 19-21-2409 Ma.Rager ma,• iAcrease these iAsurat1ee requirements provides such requirements at=e applies to all parties similarly situated. Proof of iAsl:lfBFtee shall be pro·,ieled to the City as a requiremeat of the permit. If such proof is a aoabiasir1g c_ertificate, the appliear1Ypermittee's insurance ageRt or carrier shall ar.nually aelvise the City in ·.¥ritirtg, OR a ferm. aeeeptable to the City Maaager under peAalty of perjury, of the insuraBce co•,•erage heiAg proyiees, the term of the coverage and Yerifyiag that th:e outsoor seatiAlilfdiHiRg area aas the City at=e coYered e,• the requires iRsU:rOHee. 8ueh affida,•ittdeelaratioA shall inch:1de th:e policy aumber, company name a.eel compaey cofltact iRfermatioR and th:e form r1umbers of the policy aad all of the ensorsemeats to the policy. City ad-miR:istrotive staff shall contact the permittee's i:flsl:l:f&Ree COffi.flafl!Y periodically to •,•erify the eMistenoe aaa eoRtiAuanee of such ir1su.ra.Roe; howe•,•er, this iR Re W9?f relieves the inSl:lf&flce ageAt of the ager1t's d1:1ty to provide trYthftll infermatioA to the City. Unless the o·NAer or operator of the outaoor seati~di:Bing area pro•,ricles the City with a hincling certificate of insur&Bee aaEI an enelorsemeR-t to pro,•iele the Cit:,• w:ith at least teR ( l 0) da,•s' ad•,aaeed aotiee of ir1tent to cancel the policy, the owner or operator shall pay the City a fee of tv,ienty fh•e dollars ($25.00) each time the Cit:,• coataets the ifl5Ufaf1Ce company, to co~.ier the cost to ¥erify eKistence of coverage. FailYre te comply with these requiremeflts shall be deemed to be operatiAg without a val-id permit Bfld, upon a fir1ding by the City Mar1ager that such failure has occurred, shall ca1:1se an immediate suspension of the permit and the assessment ofa daily fine as set forth in tke City's Schedule of Fees and FiAes until the permit is re·,oked or the requiremer1ts are met. Applicatior1s for permits shall ir1ck:ide &fl indemnification efthe Cit:,• for any and all liability associated vlith tee permittee's operation of the sidewalJc cafe/outdoor seatir1g aaa dining area. ~ .A.:fl ot.-1tdoor seatin{lfdining permit may be re¥okecl or s1:1speRdeEI by the City MaRager. (a) 8uspensioa. The City manager may susper1d a pef'R'l:it fer 30 says upeR a fir1dmg tl=lat or1e or more conelitioas of these regulations ha•;e beeA violated or that the side\,•alk eafetoutdoor seatiRg BflS dir1ing at=ea is being operated ia a marJ1er that is incoRsistent with the appro:Yed site pla.R or constitt.-1tes a puelic nuisa.Rce, or ia BflY '#0,' constitutes a reasonable risk of iRjYf)' to persoas or damage to property or potential liability to the City provicled the followir1g eoaelitions are met: (i) the City Manager has gi•;eA the business aBd property owner a prior ·.vritteA Notice of Ci¥il lAfFDetion of the violation (Citati OR): (ii) there is a subsequent Yiolation that is the same er substaBtially similar to ana that ocet:1rs within 12 months of the violatior1 for ·n<hiel:1 the first Notice of Ch•il lflffaetion (Citation) was issues; (iii) the maeageF gh•es the ·1iolator rea:sonahle aotice of the suspeRSioA or termiaatioa hearing; (i'l) the ¥iolator is giver1 a reasoaable opportunity to he heard aAd to cress eKamine witnesses; (v) The maBager finEl5 by comf1etent suhstafltia:I e,rideace that iliis Subsection was •1iolatea (81.lbstantiated Violation); Page 19 of 24 140 Ord. No. 19-21-2409 (·,•i) IR liel:I ofa hearing helEi by the City Manager, the manager may suspenEi the permit if the 0""8er ef the property er basieess 01+vner of the oatdoor seatiRgiltlining faeHity has been foantl to have ·1iolated this Sabseotion (81:ibstaatiated Violation) by the City's Speeial Magistrate in aceordanee 1+·.ritk the procedl¾fe set forth in Section 2 25 of the City's Code of OrdiRanees. (b) Re,·ocation. The City Manager FRa;' re·,eke the peffflit if there hw,e been three (3) or more Substantiateel Vielatiens, •fflthiR an~· 30 day period of tiFRe. (e) Appeal. A deeisieR by the City Manager to suspenel (inclading a suspensioR due to a noise violatioe go21emed h~· this Subsection (E)) or re'1oke a peffflit for faill¾fe to eoFRply with 'the one or more conditions or regt:1lations reay be a-ppeaJed by the perrnittee to the City Commissiee pw:st:1ant to the appeal procedure set forth in Section 13 1Q5 of tBe City's Code of Ordiaanees. Notwithstooding anything contained in Section 13 105, an appeal must be filed with tke City Clerk within thirty (30) days of reeeipt of•.witten notice of the City Manager's eeeision. An appeal of the City M8:Bager's decision does not stay the implemeatation of the City Manager's deci-sien. The City Cofflfftission must hear aAd enter a deeisien within sbct:y (60) da,is from the date the appeal is fileel. The City Manager's decision FRust be in ,,ffiting anel indicate the gr01,1nels for kis action aAd the pro21isions of the City's Code that ha21e been 'liolated, if any, andJor the public nuisanee er risk 1::1pon which the Eieeision of the City Manager was predicated. (6) An outeloor seatingtdining permit may he temporarily suspended by t:he City Manager for puhlic use/-pUFJ30se, utility, sidewalk or reael repairs, emergeRey sit1:1ations, or violations of provisioas cemained herein. The length of st:1spensioa shall be deterrniaeel by the City Manager as aecessary. Remo,·al of all street furniture anel related obstruetions shall be the res130nsibility of the permit:tee as ..,.,ell as the O'NHer/ef)erator efthe outdoor seatingileliRiBg area. (8) An outdoor seating,ldming peFFBit rnay be temf)OfBfil}' eKpanded by the City Manager upoe receipt of a •,1ffit:ten re~1,1est inclueliRg a site plaA elurfog special e¥ents. (9) An outdoor seat:ingtdining permit area shall be kept in a neat ;md orderly appeQfQflce anel shall he kept free from refuse and debris. The peFFRitt:ee shall he responsible fer daily cleaning and sweeping of the sidewalk eafe area anel fer the cleanliness ane maintenance of an~· outdoor planters immediately adjaceet to the outdoor seatingilelining area. Cleaning shall include t>.¥ice monthly pressure cleaning er ether 813propriate cleaning methods, es deteffflined by the City. Use of City side·Nalks for trash and garbage rerno•,ral shell be prohibited. ( 10) A side.,i.•alk eafe shall not interfere with the free anEi ueobstn1cted pedestriae or ·,ehicu1Bf' cit=eulatien of traffic, public access to any street interseetions, c1=esswalks, pablic seating areas anel ceH¥eniences, eus stops, alleys, service easements, handicap facilities, er access to any other p1:1blic, resideHtial er coFRmercial establishments. The wiath and location of t:he sielewallE peelestrian passage tl=H=ouge the sielewa.lk care shall he as follows: a) If there is seating oe one side of the sidewalk, a rninim1::1rn of fi,·e (5) feet of sid8'+11alk must reFRaie 1,1nobst:F1::1cteel by 01::1tdoor seating fuffiitl¾fe aAEi the FRaeeu-.·ering of ehairs, aed clear for pedestriaA passa-ge; Page 20 of24 141 Ord. No. 19-21-2409 b) If there is seating on tv,io (2) sides of the sidewalk, a miRimum offi1Je (5) feet ef sidewalk bet·Neen the two (2) seating areas must remain 1:lflobstraeted hy outdoor seating fumih:lre OHS the maflel:PJering of ohairs, 8:ftd clear for pedestrian passage; c) All outdoor fumitl:H'e, including but not limited to, tahles, chairs and ufflhrellas (e*eh:tdi:Rg outdoor planters), sha,H be located a mmimsm Qf eigliteen (18) iHches from the curb. (11) A sia~¥alk eafe on the J:JUblie rigkts of way shall be epeR 8:ftd 1:lflenelosed. },Jo beildiag structw=es of 0:Ay kiad shall be allo•Ned iH and O'+'er any portion of the outdoor seating/diaing area loeateel OR peblic property, encef)t by prior enpress written al:tt:hority of the City Manager. ( 12) Tables, chairs 8fld all other fumiture use El ia the operation of an emeoor seating/diniflg area on the public rights of w~• shall not be anchored or restraiaed in 8fl)' mar.Her. lndi,,,idual table embrellas, 13lanters, or other such nofl stationary elements may be permitted ,.,cithin the o_utdoor seatiRg/diniag ar~a 8fld, where applicable, shall ha1Je a miniml:lm clearance height of seven (7) feet aboYe the sidewalk. (13) A sidewalk eafe m1:1st apply for B:fld receh•e ad\1aHced \¥Otten s13eeifie appro\'al to provide amplified sosnd of an~• kinEI ia the ol:ltEloor seating area. In the e·rent the City MaRager Eletermiaes that the amplified SOl:IRd c0Rstit1:1tes -a psblie m:1isanee, the City Manager shall impose additioeal conditions; ifl the eveftt of a second offense, the City MEH'lager shall re"+'oke the aJ:Jproval a1:1thoriziRg the use of amJ:Jlified souad. SouRd m1:1st be keJ:Jt at a low •Jolume so as to Rot disrurb neighboriHg businesses, residences, or to be audible iR Reighboring resideatiaJ districts. PIBRs fer amplified sol:lfld mllst be s1:1bmitted with the site plan. Eacli establishment must sigR an agreement in order to have amplified music. ( 14) A sidewalk caf~ on pllblie rights of way sliaH be restricted to the leRgth of the sidewalk or public right of way immeeiately fronting the sidewaUc cafe unless eKpressly aethori:ted ifl 'li'JFiting by the City Manager. The 1:1tiliat:ioe of SJ:Jace eKteHdiRg beyond the Sl:lbjeet property froetage onto the immediately adjaeeet property may be al:lthori:ted hy the City MEH'lager with tfle eKpress writtee apJ:1ro•1al of the adjaeeat storefront owaer; howe·rer, the seats il:Ad chairs ie this loeatioR may Rot block the ad:jacent storefront windoYJS. This eKpansien is subject to ar.mml '.'JFitteR eoHsent pro•lided by the property ovJF1ers iR froat of whose properties the ol:lteoor seating,ldiaing service wo1:1ld oceer. The &r.Hl:lal v.crittea consent farm shaU be J:IFO't'idea to the City aAd shall iRelude an ins1:1raF1ee J:JOlicy naming the City as aR additioRal insured and a hold harmless clause in fuyor of the City. (15) A side\valk eafe sliall be at the same ele-.•atioa as the adjoining sidev,calk or public right of way l:lfl:less eMpressly a1:1thori2ed iR Wfiting by the City MB:flager. (1 e) Carts and tr~1s for serviRg feed are permittee iR the m:ndoor seating,ldi.ning area b1:1t ml:lst comply with the pro•t'isioRs of 81:1bsectioa 9(a) aRd (b). (17) The ma:ximl::lftl Rl:lfRber efo1:1:tdoor seats shall not exceee eighty (80) percent of the FH:Hnber of iadoor seatiRg, e:Kcept for restaul'Bf!ts \",rith iedoor seatiRg of Page 21 of24 142Ord. No. 19-21-2409 tweaty fi:ye (25) se~s or less which may ha•,•e outdoor seats net to eKseed ene hlilldred ( l 00) percent ef the HW'Aber ef indoor seats. (18) During the oper~ing hol::lfs all 01:1Moor Rmlitw:e must he securely places as sho•;ffi oe the appre•1eEl site plan or as may he ofdered by the City Manager in writing. After operating he1:1rs, 01:1tEleer atfffitl:¼re must he neatly stack:ed to a mBKinnHft height of fi.:ye (5) feet •n•ithoat bloelcing the sidewalk. A City appro:veEl cover may be reqwreEl b~· the City MElftager fur chairs left OHtside ,•Alen stacked. (19) No person, property 01+¥Rer, lessee er restaaraat shall allow oatdeor seating,ldining on a pablic right of way or ElftY Ji)ri•;ate Ji)roperty eontiguo\:15 ·Hite a pahlic rigbt of way without a permit. Each d&)' that outdoor seating/dining or similar activity eecl::lfs without a f)errnit er ie ,.,jelatiofl. of the site plaR, shall eonstitate a separate ineideRt of •,riolatieA end shall resHlt in a fiBe for each day of continued violation. The centinuiag epemtioR of a sieewallt lalafc ur tl:fty 01:1ltluuf seatieg.ldining activity without a 13errnit as required by this oniinflftce after the receipt of a :Yiolation eotice from the City Manager may also result in the revocatioa of ttie restmna.Rt eusiness ta-x receipt pursuant to Section 13 l €i of the City Code. (20) Arty •1iolation ef the regulations and standards set ferth in this sectioe shall eoHStitute a separate 'liolatioe anEl shall result in a fine for each day of coetinHed violation in an amol:lftt set forth in the City's Sehedule of Fees end fiees. A suesequent •1iolatioe of any of the regulations aHd stB:Adards set forth in this section shall result in a fiee for each day of such coetin:ued 'liolation as set forth ie the City's Schedule of fees aRd Fines. The continuieg operation of BR activity go,·emed by tkis section witho1:1t a permit er with a sus13ended permit or after the reeeipt of a •liolation eotice from the City Maeager end the faill:lfe to timely cure the violation, may reStilt ie the t=e•1oeation oftke busieess tax receipt of the person or entity t=espoesible, pursaa.et to Section 13 16 of fue City Code. (21) The City shall issue tweet)' four ho:ur warning notices for all non life safety ¥iolations of this sectioe which must be correctea witk t\•1enty four (24) ho1:1rs of recei13t of such Retice. (22) Ne •Naming notices shall be req1:1ired prior to the issuaAee of a violation fer faill:H'e to ha•,e a 13ermit or for life safety violations and,lor life safety or siaewelk cafe site plan violatioes and st:1ch Yiolations shall be corrected immediately. Life safety violations are defines as those eonditions 1Nhich, iR the reasonable determieatioR aRd judgment of the City Manager, involve serious danger and.Lor risk to the pl:lblic health, safety or •.,;elfare (inelHding, without limitatioR, blocking pedestrian pathways ana •,·iolations of the state eccessieility code for buildieg coestructioR). Life safety ot:1tdoor seating,ldieing site plan •;iolatioRs are eefined te iaeh:1de these instances where the f)ermittee is operating outside of the permitted 01:1tdoor seating,ldiRing 1:1se area (as appro•1ed p1:irs1:1ant to this code) st:1ck as where sidewalk cafe furniture is fo1:1ad eutsiele the epprn,.•ed boURdaries of the 01:1kioor seatin~dinieg use site plan; b1:1t shall not ee Eleemed to iael1:1de instances where a chair or chairs are temporarily mo¥ed outside the aJ:lproved houedaries of site plan by a sidewalk eafe patrnR(s) HRless it reFAeins ifl sueh ueauthericecl locatioR fer mere tha.A fifteen (15) minutes. Page 22 of24 143 Ord. No. 19-21-2409 (23) If City persemtel finds a vielatioa of this ordinanee after a tv.«enty four hoHF warning eotiee of such Yiola-tioR as eeeR fJre¥iously issued, then a notiee of vielmion shall be issued to the violator. 'No such •,,;aming notice is required for the failw:e to ha•te a ,·alid pemiit or for life safety ¥iolations of this seetioe anel for life safety outdoor seetingldiHing site fllan violations, and a ,•iole:tion may ee issued at any time. (24) The City MaAager or designee may order all :fumiture, ieeluding, eut not liffl¾ted to, seats, tO:bles, and planters to be remo,•ed in the e,•eAt of a pending sterm, lnu=ricaae, er ether declared emergeHe~•- (25) Tables, ehairs and ether furniture en the sidewalk may be reme:ved by the City, and a Feasenable fee eharged for laber, transpertatien, and storage as well as a fiee Vf'hieh shell be initially set at twe huedred fifty dollars ($250.00) aAd whieh sha:11 be levied against the person or eetity \'rho owns &Hdlor eoAtrols sueh furniture, should t:he responsible person or entity fail to remo:Ye said items within th,irty six (3(i) hoHFs of receipt of the City's eotice to de so for any reasoR Uf.lder this sectioe. In tee event of a pending storm, hurricaAe er otaer deelared emergency, the City MaAager may reduce the thirty six (36) hmu time frame. The City MaAager shall 13romulgate and re•;iew, as neeeled, regulations regarding the storage and disposition ofsidewellc cafe furniture under this section. (f) Outdoor Seating/Dining Whhin the Do'+¥Atown SoMi (DS) Zenieg District. (I) Outdoor seetiHg and dining or a Sidewalk Cafe on pri:Yete 13roperty within tke Do•.wtoWB SoMi (DS) district is permitted t:1pon appro•lal of an outdoor seatiflg site plan filed with end subject to aelministrmive appre,.•al by the City MEmager. Tke application for s1:1eh administrative site ploo approYal shall iecl1:1de a layout (site plan) of the location of ell taeles, Cfleirs (incl1:1diRg number and type of chairs), benehes, and other furniture; pedestrian ingress end egress; loeati01'! of refuse containers; leeation of ap13ro¥ed outdoor speaJcers; end other elements eeeessEH)' to illustrate the proposed outdoor seatingldiAing use aAd area (all drawings must ee titled, indicate orientation~, and ee at en acceptable seale). If applicable, the site plan must clearly indicate which tables, caairs, benches, a:Rd other fumimre ere on 13rh1ate property :versus ,.,.,jt:hin a public Tigat of ·.v-ay. Outdoor seetingldining within pri:vate property shall be admieistr-eth,ely appro:\1eci ~· the City MEmager proYided that there enists sufficient parking for saiel use end that accessibility aAd life safety swnderds are met, as based on adopted ordiAaAees and building eodes effeeti:ve withiR the City. (2) Outdoor seeting/dini-ftg not located within pfr.,ate 13roperty and to be located within a J:)Ublie right of way adjaceRl to and within the DS district shall ee subject to the 13r0Yisions of Section 20 3.3(E), South M+ami Land De,•elopment Code. Section 4. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance. Section S. Codification. The provisions of this ordinance will become and be made part of the City of South Miami Land Development Code as amended; that the Page 23 of24 144 Ord. No. 19-21-2409 sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 7. Scverability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction. this holding will not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This ordinance will become effective upon enactment. PASSED AND ENACTED this~ day of 'ep1cmb r. 2021. ATTEST: 1st Reading -8/17/21 2nd Reading -9/7121 Page 24 of24 APPROVED: Mayor Philips: Commissioner Gil: Commissioner Harris: Commissioner Liebman: Commissioner Corey: 4-1 Yea Yea Yea Nay Yea 145 6/20/22, 7 :34 AM City Commission City Commission B) ROLL CALL D) MOMENT OF SILENCE E) PLEDGE OF ALLEGIANCE I) CITY MANAGER'S REPORT J) CITY ATTORNEY'S REPORT L) COMMISSION REPORTS, DISCUSSION & REMARKS N) CONSENT AGENDA 1.) A Resolution relating to the cost of the April 20, 2021 Special Election for the City of South Miami; approving the expenditure of $21,747.39 for the election costs. 3/5 (City Clerk) 6.) A Resolutio11 to budget; authorizi_ng a transfer of $14,839 from the Ci\y Manage1· General .. z ~ ~ I Jr Agenda Minutes Documents Share https ://southmiami .granicus .com/player/clip/137 4 ?view _id=2&red irect=true 8/14/22, 5:49 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAE%2FQ8kFhm49Nutc74G7P5Kk%…3/4 On Fri, Jun 17, 2022 at 3:07 PM Pepe, Thomas F. <TPepe@southmiamifl.gov> wrote: 146 2021-12-24 Violation COMPLAINT AFFIDA VlT ST ATE OF FLORIDA ) CO NTY OF MIAMI-DADE) SS: Pursuant to §92 .525(2) Florida Statutes, I, Jorge Milian, make the following statements of fact: (I) My name is Jorge Milian and I reside at 6531 SW 62nd Ct, South Miami, Florida. (2) To the best of my memory, sometime in September of 2020 I downloaded to my mobile phone an application from Apple Application store by the name of' Timestamp Camera Free". (3) I was asked by the City Attorney if the App allowed the user to change the date and/or time and I was not able to find any way to change the date or the time of day. The App only allowed me the option of changing the format such as Oct 8, 2020, 6:38:33 PM, or 10/8/20 6:38 PM, etc., and every time that I have used it, it registers the same date and time as my phone that I used to download the application. ( 4) I took the following videos on the date and time reflected below which was on the same day and shortly after I was disturbed by the noise coming from the Stunnas Fit Gym (Gym) located at 6600 SW 62nd Ave, outh Miami, F 8/14/22, 5:49 PM Mail - Pepe, Thomas F. - Outlook https://outlook.office.com/mail/id/AAQkADE4MGQ2YzMwLTk0MGEtNDE0MS04NTIwLWJjMzQ3NDAyMDhiZQAQAE%2FQ8kFhm49Nutc74G7P5Kk%…2/4147 , } 1-B. The G) m propert) is separated from m)' home b) an alley and both my propert). and the property of the Gym abut this alley . When I investigated the .. ource of the ound. 1 sa\\ several people exercising in the alley on the north side ofth Gym and the people were going in and out of one of the Gym's two large garage doors which was open and stayed open while l observed this acth ity. These ,ideos were never edited or changed in any way from the time they were taken to the present date, and they fairly and accurately depict the sight and sound that I saw and heard on the date and at the time shown on each video: a. 2021-12-24 9.44 am JM Outside IMG 128750597 1 -- b. 2021-12-24_9.45 am JM Outside IMG_l80594079 c. 2021-12-24_9.47 am JM Outside IMG_l41953912 (5) I have compared the downloaded videos with the videos taken and saved on my phone and they are identical. Under penalties of perjury, I, Jorge Milian, on this il day of June 2022, declare that I have read the foregoing Complaint Affidavit and that the facts stated in it are true. !The date, time and Mr M·1· . ff ' · • 1 1 an•s initi 1 a 1dav1t for ease of identificat1· fas wer: added by the drafter of thi's on o the video. Page 2 of 2 148 Re&by Micnae-M~11er c»f'rl« CITY OF SOUTH MIAMI COURTESY NOTICE OF CIVIL INFRACTION (CITATION) NO . 21..-00.J.{31 Name & Address of Violator: Date & time of violation: t unna's Fit LLC 600 SW 6 2 nd Ave . outh M iami, Fl. ate: 03/30/2021 ime: 5:37 a.m. & 5:42 a.m. Date and time of issuance:~ S:-2.1 . 20.1=_( Code violated Condition of Bus iness Tax Receipt. See 2nd page of this citation for more details. w n er's Name and Address: Consoli dated Research and Planning Corp., 6796 SW 62 Ave , South Miami , FL ddress of violation : 6600 SW 62nd Ave ., South Miami, Fl. Facts constituting reasonable cause: Business opened before 6:00 a .m. Is this violation correctable1? YES Instructions for correction of violation: Stop opening the business before 6:00 a.m .. Is this a second Notice of Violation for the same offence? No. Maximum civil p e nalty is $500 for each offense if yo u e lect to contest the cita tion or fail to timel y pay the fine an d you may be liab le for reasonable administrative cost if fo u nd guilty of the violation. In addition, the fine may be a daily fine if t he vi o lation is correctable and not timely corrected2. Minim um ci vil penalty if you elect not to contest the citation and if it is a corre ctable violation and it has been timely corrected, the fine is $340 for this offense . If it is a correctabl e vi olation and you fail to timely correct it, the fine is $340 per day until ii is corrected. The fi ne for a second violation of 1he same offe nce is 450 an d th e fine for the third or more violations of the same offense is $500. ccept ance of this citation is not an admission of guilt. have read the above Courtesy Notice of Civil Infraction (Citation) and indicate by my ignature below that I have received this notice as owner or tenant of the premises or as the wner's or tenant's lawful representative. 1A • rr ation " is not a e t of the same nor i s it an irreparable of irreversible violation. Authority of CEO4 City Sec. 2-25, 2-4.9 & Sec .162.01 -.30 & -1 ·66:11415, Fla. Stat. 'Timely corrected means the violation i s corrected an a wri en request for inspection has been delivered within the time provided in this citation. 'Sec. 162.21(6), Fla. Stat., and Sec. 2-25(9), City Code, provides that: "Any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in S. 775.082 or§ 775.083 , Florida Statutes." 4 CEO means Code Enforcement Offic er G 149 If you desire to appeal this citation you must file a written request with the CED, identifyin g the citation by the citation number, no later than 20 days after the service of the citation. Hearings will be set for the next regularly scheduled hearing date or as soon thereafter as practical and all parties will be notified at the mailing address shown on this notice. No additional civil penalties will accrue on this citation if a request for hearing is received within twenty (20) calendar days, as provided for in the city code of ordinances. You may appear with or without counsel and produce witnesses on your own behalf. If the initial fine is less than $250 and if you fail to pay the fine and if you are found guilty by the Special Master a penalty of up to $250 may be levied against you for the first office and $500 for a repeat offense each day the violation has occurred and if correctable, for each day it is uncorrected and if the violation is irreparable or irreversible a fine may be levied up to $5,000. You may be liable for reasonable costs of the administrative hearing as well as additional penalties if you are found guilty. liens in the amount of unpaid penalties can be filed against your real or personal property and may be foreclosed. If you fail to pay the civil penalty within the time allowed or fail to appear in court or at the hearing to enforce or contest the citation, you will be deemed to have waived your right to contest the citation and, in such case, judgment may be entered against you for an amount up to the maximum civil penalty. If this violation is correctable, you shall, in addition to paying the fine, correct the violation, notify CED of the correction and request a compliance inspection all within 24 hours of the date of this citation. If you fail to correct a correctable violation, fail to contact CED and fail to request a compliance inspection within the time given, this citation will be deposited with the City's Special Master5or the County Court for a final hearing or trial. If this violation is correctable and not timely corrected, or if it is a repeat violation, ii may be presented to the Special Master5 even if the violation is corrected after the time allowed and before the hearing. See s. 2-25 (e)(6). Procedure to follow in order to pay the civil penalty or to contest the citation: To pay, pick up receipt payment validation form from Code Enforcement Division ("CED"), located at Sylva Martin Bldg, at 6130 Sunset Drive, South Miami, Florida 33143; Tel: 305-663-6335; Fax: 305-666-4591; Email: code@seuthmiamifl.gov and pay the fine at the Finance window in the main City Hall building or if you desire to contest the citation, request an appeal/hearing form from CED. CODE VIOLATION DETAILS: Footnote**** to Section 20-3.3(D) states that the business shall not be open before. 6:00 a.m. In addition, the Business Tax receipt issued to Stunna's Fit when it transferred its !opera tions from the LJ-4 Zoned District to NR zoned district states: "Restriction: 6:00am to 7:00pm hrs." 1"Special Master" means "Special Magistrate" or "Magistrate" and vice versus. 150 CITY OF SOUTH MIAMI COURTESY NOTICE OF CIVIL INFRACTION (CITATION) NO. Name & Address of Violator: Date & time of violation: Stunna's Fit LLC 600 SW 62 nd Ave. Date: 03/30/2021 Time: 5:37 a.m. & 5:42 a.m. Date and time of issuance:~ S:-21 , 20~( Code violated Condition of Business Tax Receipt. See 2nd page of this citation for more details. Owner's Name and Address: Consolidated Research and Planning Corp., 6796 SW 62 Ave , South Miami, FL ddress of violation: 6600 SW 62nd Ave., South Miami, Fl. Facts constituting reasonable cause: Business opened before 6:00 a .m . Is this violation correctable 1? ..YES Instructions for correction of violation: Stop opening the business before 6:00 a.m .. Is this a second Notice of Violation for the same offence? No. Maximum civil penalty is $500 for each offense if you el ect lo contest the citation or fail to timely pay the fine and you may be liable for reasonable administrative cost if found guilty of the violation . In addition, the fine may be a daily fine if the violation is correctable and not timely corrected 2• Minimum civil penalty if you elect not to contest the citation and if it is a correctable violation and it has been timely corrected, the fine is $340 for this offense. If it is a correctable violation and you fail to timely correct it, the fine Is $·340 per day until it is corrected. The fine for a second violation o f the same offence is 450 and the fine for the third or more violations of the same offense is $500. cceptance of this citation is not an admission of guilt. have read the above Courtesy Notice of Civil Infraction (Citation) and indicate by my ignature below that I have received this notice as owner or tenant of the premises or as the owner's or tenant's lawful representative. Signature of person receiving Name ofCEO4 citation3 : A 'lj;;orr _c abf . ation" Is not a nor i s it an irreparable of irreversible violation. Authority of CEO4 c. 2-25, 2-4.9 & Sec.162.01 -.30 & 5, Fla. Stat. 'Timely corrected means the violation is corrected an awn en request for inspection has been delivered within the time provided in this citation. 'Sec. 162.21(6), Fla. Stat., and Sec. 2-25(g), City Code, provides that: "Any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in S. 775.082 or§ 775.083, Florida Statutes." 'CEO means Code Enforcement Officer 151 If you desire to appeal this citation you must file a written request with the CED, identifying the citation by the citation number, no later than 20 days after the service of the citation. Hearings will be set for the next regularly scheduled hearing date or as soon thereafter as practical and all parties will be notified at the mailing address shown on this notice. No additional civil penalties will accrue on this citation if a request for hearing is received within twenty (20) calendar days, as provided for in the city code of ordinances. You may appear with or without counsel and produce witnesses on your own behalf. If the initial fine is less than $250 and if you fail to pay the fine and if you are found guilty by the Special Master a penalty of up to $250 may be levied against you for the first office and $500 for a repeat offense each day the violation has occurred and if correctable, for each day it is uncorrected and if the violation is irreparable or irreversible a fine may be levied up to $5,000. You may be liable for reasonable costs of the administrative hearing as well as additional penalties if you are found guilty. liens in the amount of unpaid penalties can be filed against your real or personal property and may be foreclosed. If you fail to pay the civil penalty within the time allowed or fail to appear in court or at the hearing to enforce or contest the citation, you will be deemed to have waived your right to contest the citation and, in such case, judgment may be entered against you for an amount up to the maximum civil penalty. If this violation is correctable, you shall, in addition to paying the fine, correct the violation, notify CED of the correction and request a compliance inspection all within 24 hours of the date of this citation. If you fail to correct a correctable violation, fail to contact CED and fail to request a compliance inspection within the time given, this citation will be deposited with the City's Special Master5or the County Court for a final hearing or trial. If this violation is correctable and not timely corrected, or if it is a repeat violation, it may be presented to the Special Master5 even if the violation is corrected after the time allowed and before the hearing. See s. 2-25 (e)(6). Procedure to follow in order to pay the civil penalty or to contest the citation: To pay, pick up receipt payment validation form from Code Enforcement Division ("CED"), located at Sylva Martin Bldg, at 6130 Sunset Drive, South Miami, Florida 33143; Tel: 305-663-6335; Fax: 305-666-4591; Email: code@southmiamifl.gov and pay the fine at the Finance window in the main City Hall building or if you desire to contest the citation, request an appeal/hearing form from CED. CO D E VIOLATION DETAILS: Footnote **** to Section 20-3.3(D) states that the business shall not be open befo re 6:00 a.m. In addition, the Business Tax receipt issued to Stunna's Fit when it transferred its op erations from the LI-4 Zoned District to NR zoned district states: "Restriction: 6:00am to 7:00pm hrs." ~"Specia l Master" means "Special Magistrate" or "Magistrate" and vice versus. 152 City of South Miami City Hall Code Enforcement Division 6130 Sunset Drive South Miami, FL 33143 (305) 668-2503 Business License STUNNA'S FIT 6600 SW 62 AVENUE SOUTH MIAMI, FL 33143-3643 153 CITY OF SOUTH MIAMI 6130 Sunset Dr. South Miami, FL 33143 305 668-2503 LOCAL BUSINESS TAX 2021 Business Name: STUNNA'S FIT 6600 SW 62 AVE South Miami, FL 33143-3305 License Number: 21 -17-00006581 Class: PERSONAL SKILLS INSTRUCTION ST Issue Date: 6/19/2017 Expiration Date: 9/30/2021 Total: $0.00 Restriction: 6:00am to 7:00pm hrs Comments: PERSONAL FITNESS TRAIN IN THIS LICENSE MUST BE DISPLAYED IN A CONSPICUOUS PLACE In accordance with Article 1, Chapter 13 City Code of 154 6/17/22, 5:01 PM Re: Permitted Schedule NR Zone max couper < maxcouper@gmail.com> Tue 5/10/20 22 11 :3 4 AM To: v w <veronicawaisberg@gmail.com > Mail -Pepe, Thomas F. -Outlook Cc: Bynum, Carol <CBynum@southmiamifl.gov>;Avery Milian <finethreadsinc@gmail.com>;Marc Halpern <marc@hrllplaw.com>;Philips, Sally <SPhilips@southmiamifl.gov> ;Shari Kamali <SKamali@southmiamifl.gov>;Pepe, Thomas F. <TPepe@southmiamifl.gov> It's advertised at 5:45 AM, but they start at 5 AM. The two videos I sent are before 5:45 AM, and as can be seen, the parking lot is full and the business has obviously been open by that time. My family and I were awoken at approximately 5:13 AM this morning by pounding weights. On May 10, 2022, at 11 :05 AM, Veronica Waisberg <Veronicawaisberg@gmail.com> wrote : 11:03 •• i stunnasfit.com https://outlook.office .com/mail/id/AAQkADE4MGQ2YzMwl Tk0MGEtNDE0MS04NTlwLWJjMzQ3NDAyMDhiZQAQAH5HSv1 %2BTdlBlr1WOHC0Wz8 ... 155 6/17/22, 5:01 PM Al l Class s AH i structors 7:00 AM -7:50 AM LEG DAY Stunna's Fit Trainer Mail -Pepe, Thomas F. -Outlook 8 ,r,.. V ••• On Tue, May 10, 2022 at 10:12 AM max couper <maxcou~g m ail.co m > wrote: Another Tuesday, "leg day" and my wife, daughter and I are pounded out of bed starting just after 5 AM. As you can see in these timestamp videos taken from the back and the front of the business, the parking lot is full of patrons -the business is open and running before permitted schedule. This has been reported to the city numerous times, happens all the time, and here is the irrefutable ev idence of it. The situation is actually just beyond words at this point. A business which has been convicted on numerous violations continues to break the law on a daily basis out in the https://outlook.office .com/mail/id/AAQkADE4MGQ2YzMwL Tk0MGEINDE0MS04NTlwLWJjMzQ3N DAyMDhiZQAQAH5HSv1 %2BTdlBlr1 WOHC0WzB ... 156 6/17/22, 5:01 PM Mail -Pepe, Thomas F. -Outlook wide open. Weightlifting is not a permitted activity in the NR zone, and something should be done about this immediately. These shockwaves reverberate the entire house, shaking the foundation and all of the occupants in it. This is serious life-wrecking stuff and has been detrimentally affecting my family's health and well-being for years now. We're not complaining about anything except illegal activity which has been reported for years, cited and convicted, and still continues on a daily basis. Pleading with city officials here, please do something immediately to restore our lives in our homes to back normalcy. Please help us do something now. Typed with thumbs https://outlook.office .com/mail/id/ AAQkADE4MGQ2YzMwl Tk0MGEtNDE0MS04NTlwLW JjMzQ3NDAyMDhiZQAQAH5HSv1 %2BT dIBlr1 WOHC0Wz8 ... Jt, 157 6/17/22, 5:02 PM SCHEDULE I Stunna's Fit SCHEDULE -"' MY. Account Class Schedule Jun 17, 2022 -Jun 23, 2022 [ All Classes v ) I All instructors v I 0 Sun O Mon O Tue O Wed O Thu O Fri D Sat 0 Morning D Afternoon D Evening <::< Pre ,jo I '! I ;\jr, -;: x, 2. 5:45 AM -6:00 AM EARLY BIRDS Stunna's Fj t Trainer 3. 6:00 AM - 6 :50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 4. 7 :00 AM - 7 :50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 5. 8:00 A M -8:50 AM UPPERBODY/BOXING & ABS StLinna's Fi t Trainer 6. 9:00 AM - 9 :50 AM UP PERBODY/BOXING & ABS Stunna's Fit Train er 7. 10:00 AM -10:50 AM UPPERBODY/BOX ING & ABS Stunna's Fit Traine r 8. 12:00 PM -12:50 PM https://www.stunnasfit.com/schedule D Let's Chat! 1/3 158 6/17/22, 5:02 PM SCHEDULE 10. 5:00 PM - 5 :50 PM UPPERBODY/BOXING & ABS Stunna's FitTrainer 11 . Sat. ciune ·18, 2022 12. 7:30 AM -8:00 AM Stretching Stunna's Fit T rajner RSVP 13. 8:00 AM -8:50 AM SATURDAY RISE AND GRIND Stunna's Fit Train er RSVP 14. 9:00 AM -9:50 AM SATURDAY RISE AND GRIND Stunna's Fit Trainer RSVP 15. 10:00 AM -10:50 AM SATURDAY RISE AND GRIND Stunna's Fit Trainer FtSVP 17. 9:00 AM -9:50 AM SAVAGE SUNDAY I • -' . . . EARLY BIRDS Stunna's Fit Trainer 20. 6:00 AM -6:50 AM UPPERBODY/BOXING & ABS Stunna 's Fit Traine r 21. 7:00 AM -7:50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trajner 22. 8:00 AM -8:50 AM UPPERBODY/BOXING & ABS Stunna 's Flt Trainer 23. 9:00 AM -9:50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 24. 10:00 AM -10:50 AM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 25. 12:00 PM -12:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 26. 4:00 PM -4:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 27. 5:00 PM -5:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 28. 6:00 PM -6:50 PM UPPERBODY/BOXING & ABS Stunna's Fit Trainer 29. 7:00 PM -7:50 PM UPPERBODY/BOXING & ABS ', --:J-1 . tL 31. 5:45 AM -6:00 AM EARLY BIRDS Stunna's Fit Trainer 32. 6:00 AM -6:50 AM LEG DAY Stunna's Fit Trainer 33. 7:00 AM -7:50 AM LEG DAY https://www.stunnasfit.com/schedule SCHEDULE I Stunna's Fit 0 Let's Chat! 159 6/17/22, 5:02 PM SCHEDULE I Stunna's Fit C(J'\;T/.\CT O Let's Chat! https://www.stunnasfit.com/schedule Vanan Online Services 1 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 File Name: 20220620Stunnasmeeting.MP3 Number of Speakers: 5 Length of file: 00:53:26 Audio Category List volume, accent, N/N speakers. N/A Any Comments [e.g. times of recording not needing transcription, etc. e.g., off the record conversation] Verbatim: No Time codes: No N/A Any Problems with Recording [e.g., background noise, static, etc. Unusual Words or Terms: Must be completed [e.g., abbreviations, Company Names, Names of people or places, technical jargon Transcriber VIN: N/A QA/QC VIN Comments 160 VANAN Online S eIVices I Vanan Online Services 2 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Judge: We are ready whenever you are. Mr Till: Okay, how would you like to begin? City Attorney: I tell you what, why don't I start off and just introduce the exhibits, the notice of hearing the correspondence of the continuances to this date and the special magistrate's orders Judge: So would you like to be sworn in right now? City Attorney: Yes, I think everybody should be sworn in who's going to be testifying as to any exhibit and I since I will, I'll be sworn in and anybody else going to be testifying. Mr Till: We don't plan to have any testimony. City Attorney: Okay. All right. Judge: Okay. So do you swear or affirm? Shall it be the whole thing? City Attorney: Yes. Judge: That the testimony you're about to give is the truth and nothing but the truth. City Attorney: I do. Unidentified Speaker: Okay. City Attorney: All right, this. This is a show cause hearing. A notice to show cause was issued on March 23rd, 2022. It was a letter signed by the city manager. I'd like to introduce that as exhibit one. Do you have a copy? 161 VANAN Online S eIVices Vanan Online Services 3 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: I do. All right. No objection. Judge: Thank you. City Attorney: Next is Exhibit… City's Exhibit two, which is correspondence concerning resetting the hearing at the end of the settlement negotiations that terminated on February 16th 2022. You need a copy of that? Mr Till: Sure, oh this is the original. City Attorney: Let me give you a copy of the copy. Judge: Thank you sir. City Attorney: Do you have any objection? Mr Till: No objection. City Attorney: Next is the city's exhibit three, which is an email exchange ending in April of 15, 2022, in which the city was advised that the city could set a hearing, set this hearing as continue to any of the dates. June 1st. June 7th, or the 8th. Judge: Thank you. Mr Till: No objection. 162 VANAN Online S eIVices Vanan Online Services 4 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: Next is an email exchange ending on May 18th, 2022, in which the hearing was scheduled for June the first. That's exhibit four, in other words, city picked June 1st. Any objections? Mr Till: No objections. City Attorney: Next is exhibit five and six. An email exchange, setting the record, resetting the hearing at your request, at the defendant's request to June 20th, which is today. Mr Till: No objection. City Attorney: Next is exhibit seven, which is an email from Mrs. Vega to me, dated June 1st, 2022, advising that she was available on June 20th for this hearing. Ms. Vega Do you have any objection? Mrs Vega: No, sir City Attorney: Mr Till? Mr Till: No. City Attorney: Next. I have a composite exhibit which are all of the special magistrate's orders regarding all of the violations listed in the city's exhibit one, which is the March 23, 2022 notice to consolidated and Stunnas Fit ordering them to show cause why Stunnas’ business tax receipts should not be vacated or revoked, Let me just put them there, And let the records reflect that I am supplying copies of these to Mr. Till, Mrs. Vega advised that she has already seen this in an 163 VANAN Online S eIVices Vanan Online Services 5 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 email in which I submitted to her. Till do you have any objection to them being introduced into evidence as city’s exhibit eight? Mr Till: No objection. City Attorney: Mrs. Vega? Mrs Vega: No objection. City Attorney: And that's the end of my presentation. Mr Till: Okay, can I turn my microphone on? City Attorney: No, I think we can hear you. And you're being recorded, is that recording working? Judge: Yeah. City Attorney: Okay. Mr Till: Hey. Good morning, Kyle Till. For Stunnas Fit LLC and Mrs Vega is here on behalf of the landlord. And of course, Mr. Gabriel Verona is my client representative. Couple of items in objection that we did not want to raise at the outset: number one, the letter that’s titled order show cause that’s dated March 23rd, 2022. I believe that is city exhibit number one purports to quote a section of the city code that permits you, Mr. Kamali, the city manager, to revoke your business license in the event that three or more violations accrue within a certain period of time. 164 VANAN Online S eIVices Vanan Online Services 6 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 The Code section cited which is 20-3.6 v7. I can't find it; it doesn't appear to exist on Uni code, if I have that wrong, please tell me otherwise. City Attorney: Yes. I'm showing Mr. Till a copy of Ordinance 19-22-24 of nine that was enacted on September the 7th, 2021. Which does have that provision in it, and I would like to introduce that into evidence City's Exhibit nine. I would also like to introduce into evidence the screenshot on that day of Mr. Verona at the meeting on September 7th, 2021, Like the interview that as City Exhibit ten. Mr Till: I also object the basis of …not really sure what this meant imply or what it is meant to indicate, but I don't even know if this was at the time in the agenda when this was being addressed, presumably it is to show that you had notice of the existence of this cooperative. But there's no way to verify that. I'm not sure why it's being introduced. You're [inaudible] that you handed me is a pretty long document. Is there a page number that you can give me that actually has the [inaudible]? City Attorney: Yes, page 13. Let me see… and verification is a provision that starts at the bottom. It's sub paragraph B I think b or h what is that? Judge: It’s B Mr Till: Is there a reason this hasn't been updated in the online iteration of the city's code? City Attorney: It's my understanding that it takes some time, and I did speak with the city clerk and she said she's working on updating the online version. 165 VANAN Online S eIVices Vanan Online Services 7 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: Well, we didn’t submit that, because we were not able to review, and analyse that that code provision in this current iteration of the city's code that our due process rights have been violated for that reason. Assuming that the code of provision is part of the city code at this time for the sake of argument, assuming that we've been provided adequate notice, we object on procedural, substantive grounds to two of the code provisions that are relied on for purposes of this hearing, specifically sections 23-70B and 20-1.7 as for 20-1.7 concerning the storage pods the subjects have been removed from the property. Please note that on Saturday, June 18th, we have filed our notice of appeal of the May 20th orders, which Stunnas was found guilty of violating that section of the city's land development code. So until that challenge works its way through the appellate courts, that order is being contested and cannot be relied on for purposes of today's hearing. That would be premature to our position. As for Section 20-3.6b, as you're aware, the city commission has amended that code provision, and I was aware of that amendment such that it no longer prohibits running outside as a commercial activity, so we would submit that those violations at this time be removed due to the city code amendment. Finally, after reviewing the city's charter, it's clear that it does not empower the city manager to unilaterally decide whether to revoke a business license, Considering that all city officials’ roles and duties are derived and expressed in that critical document, it's our position that the code provision granting the city manager with such power violates the city's charter and affects additional violation of my client's due process rights, Unless my colleagues have anything to add those are our objections to today's proceedings, We request that the city manager rule that Stunnas Fit be permitted to continue operating its business in city south Miami. Thank you. 166 VANAN Online S eIVices Vanan Online Services 8 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mrs Vega: Only thing. The only other thing I would add is that on inequity analysis, there are no current violations on the property. Therefore, we would request that the business be permitted to continue to operate and the denial of revocation of the business license. City Attorney: Anything further from that? Judge: That’s it, any further? City Attorney: City would call Mr. Verona? Mr Verona: Yeah City Attorney: I am calling you to testify, Mr. Verona, did you swear him in? Judge: Yes. Mr Till: I will just object on the record just because we didn't have any notice, any witness list or anything, any advance notice that anyone is call. City Attorney: This is rebuttal. Go ahead Judge: Okay. Let me swear him in. Do you swear or affirm that the testimony you're about to give is the truth and nothing but the truth? Mr Verona: I do yes. City Attorney: Mr. Verona, when this ordinance was amended on September the 7th, 2021, were you present at that time? 167 VANAN Online S eIVices Vanan Online Services 9 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Verona: I remember. City Attorney: Pardon me? Mr Verona: I remember; I know what we are talking about. City Attorney: Say what's been heard? Mr Verona: I have that picture in front of me. City Attorney: Pardon me? Mr Verona: I have that picture in front of me. City Attorney: Oh, you do? All right. Is that you? Mr Verona : Yes. City Attorney: And what is the day? Mr Verona: On this paper? City Attorney: Yes. Mr Verona: It's 9-7-21. City Attorney: I'm going to show you the graphics recording of the September 7th meeting. [Plays recording] Mr Till: Let the records reflect it’s 9:47 pm. [Recording continues playing] 168 VANAN Online S eIVices Vanan Online Services 10 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Judge: Mr City Attorney, are you on the guest Wi-Fi? City Attorney: I'm using city Wi-Fi. Judge: Guest? City Attorney: Yeah [Recording continues playing] Mr Till: Are we going to watch this whole thing? Are we watching the whole video because we’re going to stay here the whole night? City Attorney: Well, if you need to because it's going to get to testimony called testimony or comments. Mr Till: Okay, then why don’t you just fast forward because of now we're going to watch the video. City Attorney: Alright, I just wanted to be sure that’s fine. Mr Till: They're looking for a very difficult comment. City Attorney: Do you remember the time? Mr Till: Maybe 7:52 p.m. let the record reflect the discussion about this amendment occurred between 9:46 and 9:53, 2 hours after Mr. Rona spoke at the meeting. [Recording continues playing] Mr Till: You are looking for [inaudible?] 169 VANAN Online S eIVices Vanan Online Services 11 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: Yeah. Mr Till: It’s got to be 2 hours, 2 hours before the start of the meeting. 7:52. For purposes of a transcript, would you stipulate to removing this different segment of the meeting that we're hearing that are relevant to the agenda item That's an issue. Judge: Sure Mr City Attorney: Sure Judge: City Attorney, is it possible it was part of public comments? City Attorney: Yeah, that's possible. Here you go. Mr Till: Should we go over the three minutes? [recording playing] Yeah, we'll stipulate that's you, right? Mr Verona : That's me. Mr Till: And this is. 7:52 pm,? Mr Verona: Yeah Mr Till: 2 hours before the agenda item was discussed. Mr Verona : Okay 170 VANAN Online S eIVices Vanan Online Services 12 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: Well, I want to play and I want to introduce where he actually said that he was there about this… about the item that has passed concerning outside activity 20-3.6. sub paragraphs of B, you stipulate that fact? Mr Verona: No, I don't… I've been there a hundred times I don’t even know what specific, I said I spoke facts there, so. City Attorney: Alright, this is the beginning of the video which Mr. Verona gives his comment [recording plays]. Mr Till: No, you’ve got to go forward. [Recording plays] It's like he was wrapping it up, was there a lot more? City Attorney: No, [inaudible] we are going to have to take that for as well and introduce as well. Mr Till: I didn't hear anything that discusses city managers’ rights, revoking business licenses, anything that would indicate that he's aware of that particular amendment. Judge: Anything else, Mr. City attorney? City Attorney: Yes, I'd like to introduce his rebuttal evidence to the comment that Mrs. Vega made that, no, that there have been no other violations. I'd like to introduce a complete affidavit submitted by Mr. Melian on 6-17-2022 concerning a violation on December 24th, 2021 of outside activity at the gym. 171 VANAN Online S eIVices Vanan Online Services 13 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: Objections haven't been heard by Special Magistrate; it hasn’t been adjudicated. We haven't gotten notice of a hearing or anything related to this affidavit or its purported violations, objected to its inclusion as an exhibit. City Attorney: I would like to introduce it as the next city exhibit. I think that might be 11. Mr Till: In a symbolic image. Can we get confirmation of whether or not we want to admit these documents as evidence? Judge: I really have to go and look at these videos. I need to review exactly with his signed affidavit, and then I can respond to you. At this point, I really don't recall specifics videos that this relates to the issue. City Attorney: And I'd like to introduce the videos that are referred to in the complaint affidavit I just introduced. Mr Till: And the same objection. City Attorney: Is exhibit 11. Mr Till: Same objections. Judge: This is from December? City Attorney: December 24th. Judge: 9:44 a.m. Correct? 172 VANAN Online S eIVices Vanan Online Services 14 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: That began at 9:44 yes. Judge: Is that the only one? City Attorney: Yes, there's another one, this is at 9:45, same day, Judge: Okay. City Attorney: Then the third one at 9:47, same date, December 24th, 2021. Mr Till: Same objection hasn't been noticed. It hasn't been adjudicated. Assuming that this code provision that you've discussed today is active and enforceable in the city of South Miami, it talks about three violations of this subsection, that those claims that have been heard happen to be a violation, I’m going to strike this from the record. City Attorney: And I moved to introduce these three videos into evidence as rebuttal to the comment that there were no further violations after the violations referred to in the March 23rd, 2022 notice to show cause by the business license of Stunnas should not be revoked. Mrs Vega: I would also object that none of these videos were provided before this hearing we received. I specifically asked Mr. Baker to provide everything that was going to be heard at the hearing and to provide copies of every violation, every notice for that same reason. We did not receive copies of any of these videos that are being shown today as a basis or as additional evidence that's being presented, There's been no notice. We haven't had the opportunity to review this rebuttal it, address it, It would be improper to use it as evidence in support of this hearing. 173 VANAN Online S eIVices Vanan Online Services 15 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: This is rebuttal evidence. Mr Till: same objection. City Attorney: I would also like to introduce evidence that the business has been operating at a time earlier than allowed by its business tax receipts. Judge: Mr. City Attorney, just to confirm, So they never got a notice of that video from December 24th? Correct. City Attorney: Oh, I believe they did. I believe that they got a copy of the video. I'll have to double check that. I believe that they got a copy of it at the time and that we notified them that we were not going to continue settlement negotiations. Mr Till: I also asked. Mrs Vega: No, we're going to need clarification. We're going to need certain evidence as to when that was provided. It was not provided, and it certainly wasn't provided prior to this hearing when we requested twice that all evidence that was going to be heard at this hearing be provided to us. So when prior to this hearing, when we reviewed the exhibits that were introduced at the commencement of the hearing, we both agreed and didn't object to the entry of that evidence because it was adequately provided and reviewed by all of this. Additional evidence was never sent, not via email, not via mail, and has never been presented. So it would be improper evidence even at rebuttal, it would be improper evidence to use as a basis for the revocation, which is an extreme remedy that seeks to terminate the business license of Stunnas Fit. 174 VANAN Online S eIVices Vanan Online Services 16 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: This is again Mr Till: same objection. City Attorney: …This again is rebuttal. We were never advised that Stunnas Fit or consolidated was going to claim that they have not violated the city's code since the March 23rd 2022 Notice to show cause we served on them So this is to show that that's not true. Mr Till: Where are the court citations that were issued for these purported violations where the orders of these reported violations? City Attorney:And then this,, Mr Till: the reported violations… City Attorney: Well, operating outside the business, you know, you've already gotten, I don't know, numerous citations for that. You've gotten courtesy notices at the very beginning telling you can't do that, and you've got several special magistrate orders that found you in violation for operating outside the business So, you know, you can't operate outside the business showing that you continue to operate outside the business, You continued to violate the code in numerous other ways. Contrary to the statements that have just been made for the first time, that Stunnas Fit is, has been complying with the code next, I would like to introduce. Mr Till: You are asking that these purported code violation charges be heard now, today? City Attorney: No, no I'm just rebutting what was said by Mrs. Vega. Next… 175 VANAN Online S eIVices Vanan Online Services 17 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Mr Till: And you want Mr. Walton, manager to rely on this as evidence? City Attorney: She's not going to… Mr Till: As evidence for revoking the business licence? City Attorney: It is as evidence in rebuttal of the statements made by Ms. Vega that there have been no further violations. Mr Till: Okay. City Attorney: Next. exhibit will be a courtesy notice of infraction. Number 21-00181. Judge: I'm sorry 21-00? City Attorney: 181, Advising, consolidated and Stunnas Fit that they have to stop operating the business before 6 am. Judge: And the date on this? City Attorney: What exhibit will that be 12? Judge: No, date, that is exhibit 11. City Attorney: It was, the date of the violation was March 30th 2021, the date of the issuance was May 21, 2021, [inaudible] and the timing, That particular one concerned the service, Mr. Verona which he refused to accept the citation. And then the next exhibit Judge:12? 176 VANAN Online S eIVices Vanan Online Services 18 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 City Attorney: is the same courtesy notice but issued to Mr. Miller and consolidated. As next exhibit I'd like to introduce. The Business License of Stunnas Fit for 2021, which shows restricted hours 6 a.m. to 7 p.m. on the next exhibit.,,, next exhibit is a complaint from Mr. Max Cooper concerning operating earlier than 6 am, actually as early as 5:13 am. Mr Till: Same objection. City Attorney: The next exhibit is a printout from Stunnas Fit website showing that he is advertising for Stunnas fit trainer activity at 5:45 a. to 6 am. Mr Till: Same objection strike from records. City Attorney: Then, that's the end of my rebuttal evidence. Thank you. Mr Till: City’s exhibit number one, the March 23, 2022 order to show cause letter from Mr Kamali to this business owner and his property owner cites three code provisions expressly Section 20-3.6B, section15-821 and Section 20-1.7. That's it. That is all that is cited. That is all that my client had notice of and that is all that we're here today to discuss. And that is all under the law and under principles and due process that Mr Kamali can considered when weighing whether or not to revoke Stannas’s business license that’s it. I move to strike all the other documents, videos, everything else that was put before you and restricted for the record as a violation of due process and is utterly irrelevant to these proceedings, thank you. Mrs Vega: I would just add that the list of violations are also on exhibit one on page two of the list of violations are listed by date. And that's what we’ve received in anticipation of this 177 VANAN Online S eIVices Vanan Online Services 19 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 hearing. with each violation with specific dates, all of the additional rebuttal evidence that was presented is not listed on the letter , Again, there was no notice, none of the violations or notices for that matter were provided, And to the extent that there have been that they are deemed complaints, there has been no finding of fact or a law that deems that those complaints are actual violations. So to the extent that the city is going to use it as evidence, it would not be proper evidence because, again, there's been no findings, there's been no hearing, there's been no order on those complaints, So we would move to strike it and request that the revocation of the business license be denied and permit the business to continue operating. Judge: Anything else? City Attorney: Nothing further from the city. Judge: Anything? I'm going to look at the evidence. I'm going to go back and look at my letter. I'm going to go back and read the charter to make sure what authority do I have and I will respond in writing within ten business days, is that okay? Mr Till: Thank you. Mrs Vega: Thank you. City Attorney: Just make sure you have all the exhibits. Judge: I do, I do, I put them in order. City Attorney: Okay. 178 VANAN Online S eIVices Vanan Online Services 20 Business Email: Support@vananservices.com Website: www.vananservices.com Phone Number: 866-221-3843 Judge :So here, Yes, everything is here City Attorney: Cause there going to.. 179 VANAN Online S eIVices