Filing # 174867754 E-Filed 06/08/2023 09:32:18 AM

IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT IN AND FOR MIAMI­
DADE COUNTY, FLORIDA
CITY OF MIAMI BEACH, GENERAL JURISDICTION DIVISION
FLORIDA, a Florida municipal
corporation, CASE NO.
Plaintiff,
V.

STEPHEN KRAUS; THE NIGHTFALL GROUP,

LLC, a foreign limited liability company;
and SCOTT WEISSMAN,
Defendants.

VERIFIED COMPLAINT TO ABATE NUISANCE

AND FOR TEMPORARY AND PERMANENT INJUNCTION

The City of Miami Beach, Florida (the "City") sues Stephen Kraus ("Landlord"), The

Nightfall Group, LLC ("Agent"), and Scott Weissman ("Tenant") (collectively,

"Defendants"), and alleges:

JURISDICTION, VENUE, AND IDENTIFICATION OF PARTIES

1. This is an action to enjoin and abate a public nuisance pursuant to sections

60.05 and 823.05, Florida Statutes. This action is within the jurisdiction of the Circuit

Court.

2. The City is a Florida municipal corporation.

3. Landlord is the record title owner of certain real property identified as 1776

Bay Drive, located in Miami Beach, Miami-Dade County, Florida, and more particularly

described in Exhibit A attached hereto (the "Subject Property"). A copy of the Deed dated

September 11, 2020, and recorded in Official Records Book 32135, Page 2627, of the

Public Records of Miami-Dade County, Florida, under which Landlord holds title to the

Subject Property is attached hereto as Exhibit A and incorporated by reference herein.

 4. According to the Miami-Dade Property Appraiser's website, attached hereto

as Exhibit B, Landlord purchased the Subject Property for $6.5 million.

5. Agent is a foreign limited liability company authorized to conduct business

in Florida. At times material to this Lawsuit, Agent has advertised the Subject Property

for short-term rental use, in violation of the City of Miami Beach, Florida's Code of

Ordinances1 ("City Code").

6. Tenant has leased and resided on the Subject Property since approximately

November 15, 2022.

7. Venue is proper in this forum pursuant to section 47.011, Florida Statutes,

because the cause of action accrued in Miami-Dade County, Florida, and because the

Subject Property is located in Miami-Dade County, Florida.

CLAIM FOR RELIEF TO ABATE AND ENJOIN PUBLIC NUISANCE

8. This case arises out of the Landlord's and Tenant's utter disregard for the

rule of law as set forth in the City Code and for the quality of life of other residents in the

single-family residential neighborhood, zoning district RS-4, in which the Subject Property

is located.

9. Despite the single-fa~ily residential character of the RS-4 district, Tenant

has been using the Subject Property as a "party house," causing frequent and reoccurring

disturbances to neighbors.

10. Landlord has not taken any action to cease Tenant's disruptive parties and,

on information and belief, has actually encouraged such use.

11. Prior to the Tenant taking possession of the Subject Property, Landlord

1 Available at: https://library.municode.com/fl/miami beach.

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repeatedly rented or offered to rent the Subject Property (also referred to as "Villa Bay,"

"The Bay Villa," or "Villa Valena" in rental advertisements) for short-term rental use, in

violation of the City Code. See City Code § 142-905(b )(5). While Tenant's current lease

term is for approximately seven (7) months-thereby narrowly escaping characterization

as a "short-term rental," which is a rental term of less than six months and one day, see

id.-the City reasonably believes that Landlord (including by and through Agent) intends

to continue leasing the Subject Property for short-term rental and/or party uses.

12. Since February 8, 2022 alone, Landlord and/or Tenant have been cited with

at least forty-five (45) violations, total, of the City Code based on activities at the Subject

Property and have incurred substantial fines in connection with many of these violations.

13. For example, on September 30, 2022, Special Magistrate Enrique Zamora

imposed a fine totaling $235,000.00, arising from multiple violations of the City Code's

prohibition on using the Subject Property for short-term rentals. See City Code§ 142-

905(b)(5). A copy of the Special Magistrate's order dated September 30, 2022, and

recorded as a lien in Official Records Book 33618, Page 1009, of the Public Records of

Miami-Dade County, is attached hereto as Exhibit C. Interest on this unpaid fine

continues to accrue on a daily basis.

14. In addition, there remains approximately $290,500.00 in City Invoices (i.e.,

fines imposed by Code Enforcement which were not subject to an adjudication by the

Special Magistrate) due and owing on the Subject Property, for issues ranging from

repeated noise violations to improper commercial use of the Subject Property, and more.

See City Code §§ 46-152, 142-109. A verified Lien Statement, certifying that certain

specified municipal liens or assessments are due and payable against the Subject

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Property as of April 10, 2023, is attached hereto as Exhibit D.

15. Despite there being hundreds of thousands of dollars due and owing to

the City, and with interest accruing, the substantial fines imposed by Code Enforcement

and the Special Magistrate still are not an adequate deterrent to stop Landlord's and

Tenant's flagrant violations of the City Code.

16. A breakdown of the recent history of City Code violations at the Subject

Property follows:

a. February 8, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04025: Landlord was cited for advertising via JatinaGroup.com that the
Subject Property was a short-term rental available for the booking dates
of 2/9/2022-2/16/2022. Landlord appealed the citation to the Special
Magistrate and was adjudged to have violated City Code § 142-
905(b )(5). A fine of $1,000.00 was assessed.

b. March 13, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04102; Sanitation Violation (Overflowing Dumpster) - # SV2022-
18076: Landlord was cited for short-term rental occupancy, booked via
SobeVillas.com, for the duration of 3/12/2022-3/19/2022. Landlord
appealed the citation to the Special Magistrate and was adjudged to
have violated City Code§ 142-905(b)(5). As a second offense, a fine of
$6,000.00 was assessed. Additionally, Code Compliance issued a
notice of violation for violating City Code§ 90-100 by allowing trash and
garbage to overflow in a container, can or dumpster. No fines were
assessed for the sanitation violation.

c. May 6, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04189: Landlord was cited for short-term rental occupancy, advertised
via Agent (i.e., on NightfallGroup.com) and VillaPads.com, for the
duration of 5/6/2022-5/8/2022. Landlord appealed the citation to the
Special Magistrate and was adjudged to have violated City Code § 142-
905(b )(5). As a third offense, a fine of $15,000.00 was assessed.

d. May 18, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04221: Landlord was cited for advertising via SobeVillas.com that the
Subject Property was a short-term rental available for a rate per night of
$7,650.00. Landlord appealed the citation to the Special Magistrate and
was adjudged to have violated City Code§ 142-905(b)(5). As a fourth
offense, a fine of $20,000.00 was assessed.

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 e. May 24, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-
04235: Landlord was cited for advertising via Agent that the Subject
Property was a short-term rental available for a rate per night of
$5,500.00. Landlord appealed the citation to the Special Magistrate and
was adjudged to have violated City Code § 142-905(b)(5). As a fifth
offense, a fine of $30,000.00 was assessed.

f. June 10, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04260: Landlord was cited for short-term rental occupancy, advertised
via Agent, for the duration of 6/9/2022-6/12/2022. Landlord appealed the
citation to the Special Magistrate and was adjudged to have violated City
Code § 142-905(b)(5). As a sixth offense, a fine of $20,000.00 was
assessed.

g. June 15, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04269; Noise Written Warning - # NC2022-24001: Landlord was cited
for advertising via Agent (via Airbnb.com) that the Subject Property was
a short-term rental available for the booking dates of 6/20/2022-
7/1/2022. Landlord appealed the citation to the Special Magistrate and
was adjudged to have violated City Code§ 142-905(b)(5). As a seventh
offense, a fine of $45,000.00 was assessed. Additionally, Code
Compliance issued a written warning for violating City Code§ 46-152 by
playing unreasonably loud and excessive music. No fines were
assessed for the noise written warning.

h. July 26, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04297: Landlord was cited for short-term rental occupancy, advertised
via Agent, for the duration of 7/25/2022-7/27/2022. Landlord appealed
the citation to the Special Magistrate and was adjudged to have violated
City Code§ 142-905(b)(5). As an eighth offense, a fine of $10,000.00
was assessed.

i. July 30, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04305; Noise Violation (Loud Music) - # NC2022-24265: Landlord
was cited for short-term rental occupancy, advertised via Agent, for the
duration of 7/27/2022-8/3/2022. Landlord appealed the citation to the
Special Magistrate and was adjudged to have violated City Code§ 142-
905(b)(5). As a ninth offense, a fine of $40,000.00 was assessed.
Additionally, Landlord was cited for violating City Code § 46-152 by
playing unreasonably loud and excessive music. This violation was not
appealed, and as a_first offense, a fine of $250.00 was invoiced.

j. August 6, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04316: Landlord was cited for short-term rental occupancy, advertised
via Airbnb.com, for the duration of 8/5/2022-8/8/2022. Landlord
appealed the citation to the Special Magistrate and was adjudged to

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 have violated City Code § 142-905(b )(5). As a tenth offense, a fine of
$20,000.00 was assessed.

k. August 10, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04323: Landlord was cited for advertising via Renta!Escapes.com that
the Subject Property was a short-term rental available for the booking
dates of 8/24/2022-8/31/2022. Landlord appealed the citation to the
Special Magistrate and was adjudged to have violated City Code§ 142-
905(b)(5). As an eleventh offense, a fine of $35,000.00 was assessed.

I. August 17, 2022 - Zoning Violation (Short-Term Rental) - # ZV2022-

04334; Zoning Violation (Commercial Use) - # ZV2022-04336; Code
Violation (Film & Print Production Without a Permit) - # CC2022-
13717: Landlord was cited for renting the Subject Property for a single
day to "NFL Films" for a media interview of an NFL football player to take
place within the residence. This one-day rental of the Subject Property
for commercial use, i.e., filming, without a permit, violated City Code
§§ 12-1(1), 142-109, & 142-905(b)(5). The short-term rental violation
was appealed to the Special Magistrate; as of the date of this Complaint,
due to a requested continuance by Landlord's counsel, the Special
Magistrate has not yet adjudicated this violation. The commercial use
violation was not appealed, and a $25,000.00 fine was invoiced. The film
& print violation was not appealed, and a $1,000.00 fine was invoiced.

m. August 26, 2022 - Noise Violation (Loud Music) - # NC2022-24407:

Landlord was cited for violating City Code § 46-152 by playing
unreasonably loud and excessive music. This violation was not
appealed, and as a second offense, a fine of $1,500.00 was invoiced.

n. December 2, 2022 - Noise Violation (Loud Music) - # NC2022-25039

(Landlord) and# NC2022-25087 (Tenant): Both Tenant and Landlord
were cited for violating City Code§ 46-152 by playing unreasonably loud
and excessive music at a party at approximately 11 :50 PM. Photos of
the party and excessive street parking are attached hereto as Exhibit
E. These violations were not appealed. As Landlord's third offense, a
fine of$3,000.00 is due. Tenant received only a written warning, without
any fines.

o. December 3, 2022 - photos of party attached hereto as Exhibit F

i. 1 :05 AM - Noise Violation (Loud Music) - # NC2022-25041

(Landlord) and# NC2022-25088 (Tenant): Both Tenant and
Landlord were cited for violating City Code § 46-152 by
playing unreasonably loud and excessive music at a party at
approximately 1:05 AM. Tenant specifically told Code
Enforcement personnel that he was not going to turn down the

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 music.

These violations were not appealed. As Landlord's fourth

offense, a fine of $4,000.00 is due. As Tenant's first offense,
a fine of $250.00 is due.

ii. 1 :25 AM - Noise Violation (Loud Music} - # NC2022-25047

(Landlord} and # NC2022-25089 (Tenant): Despite having
received a Noise Violation roughly 20 minutes earlier, Tenant
refused to shut down the party. Instead, rapper "Bobby
Shmurda" arrived at the Subject Property to put on a live
(amplified) performance.

Because the disruptive noise persisted , both Tenant and

Landlord were again cited for violating City Code§ 46-152 by
playing unreasonably loud and excessive music. These
violations were not appealed. As Landlord 's fifth offense, a
fine of $5,000.00 is due. As Tenant's second offense, a fine
of $1 ,500.00 is due.

iii. 3:30 AM - Noise Violation (Loud Music} - # NC2022-25049

(Landlord} and # NC2022-25090 (Tenant}: Fast-forward
another two hours, and the party raged on. Because the
disruptive noise persisted, Landlord and Tenant were again
cited for violating City Code § 46-152 by playing unreasonably
loud and excessive music. This violation was not appealed.
As Landlord's sixth offense, a fine of $5,000.00 is due. As
Tenant's third offense, a fine of $3,000.00 is due.

p. December 4, 2022 - Noise Violation (Loud Music} - # NC2022-25077

(Landlord} and # NC2022-25091 (Tenant}: Both Tenant and Landlord
were cited for violating City Code§ 46-152 by playing unreasonably loud
and excessive music at approximately 10:15 PM. These violations were
not appealed. As Landlord's seventh offense, a fine of $5,000.00 is due.
As Tenant's fourth offense, a fine of $4,000.00 is due.

q. December 7, 2022 - Zoning Violation (Commercial Use} - # ZV2022-

04512 (Landlord} and # ZV2022-04513 (Tenant}: Both Tenant and
Landlord were cited for violation City Code § 142-109 by using the
Subject Property for commercial purposes. Specifically, the Property
was being used to host an event called "Crypto Papayas Play-doe
Castle" during Art Basel, with tickets sold through Eventbrite. As
Landlord 's second violation, a fine of $50,000.00 plus an enhanced
penalty of $50,000.00, for a total of $100,000.00, is due. As Tenant's
first violation, a fine of $25,000.00 is due; however, Tenant has appealed
the violation to the Special Magistrate, and a hearing is forthcoming.

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r. December 15, 2022 - Zoning Violation (Short-Term Rental} - #
ZV2022-04529: Landlord was cited for advertising via Agent that the
Subject Property was a short-term rental available for the booking dates
of 6/14/2023-6/24/2023. Importantly, these dates are for after Tenant's
lease term expires, thereby demonstrating that Landlord intends to
revert to illegal short-term rental use of the Subject Property. A hearing
is currently set for June 12, 2023, for the Special Magistrate to review
the violation and impose an appropriate fine.

s. December 31, 2022 - Noise Violation (Loud Music) - # NC2022-25282

(Landlord) and# NC2022-25283 (Tenant): Both Tenant and Landlord
were cited for violating City Code§ 46-152 by playing unreasonably loud
and excessive music at approximately 10:00 PM. These violations were
not appealed. As Landlord's eighth offense, a fine of $5,000.00 is due.
As Tenant's fifth offense, a fine of $5,000.00 is due.

t. January 1, 2023 -

i. 3:32 AM - Noise Complaint (Loud Music)-# NC2023-25302

(Landlord) and# NC2023-25295 (Tenant): Both Tenant and
Landlord were cited for violating City Code § 46-152 by
playing unreasonably loud and excessive music at
approximately 3:32 AM. As Landlord's ninth offense, a fine of
$5,000.00 is due. As Tenant's sixth offense, a fine of
$5,000.00 is due.

ii. 5:50 AM - Noise Complaint (Loud Music) - # NC2023-25306

(Landlord) and# NC2023-25308 (Tenant): After issuing the
3:32 AM violations, Code Compliance personnel stayed on
the scene to see if Tenant would turn down the music. He
would not. Instead, Tenant sent a friend back out to tell the
Code personnel to vacate the premises. Code personnel
contact the Miami Beach Police Department, who responded
. to assist and enforce compliance with the City's noise
ordinance. Tenant became verbally aggressive toward Code
Compliance Officer Coakley and Police Officer Haughton,
each of whom was in his full official City uniform with his
badge prominently displayed. Tenant said things to the
Officers such as:

• "I bet you won't come over here. Let's do man to man
combat."

• "Take all that off'-referring to Officer Haughton's

police gear--"and come over here so we can do man

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 on man combat."

In addition to being verbally aggressive, Tenant was

otherwise non-cooperative with Code and Police personnel.

Because the loud music persisted, both Landlord and Tenant

were issued another citation at approximately 5:50 AM. As
Landlord's tenth offense, a fine of $5,000.00 is due. As
Tenant's seventh offense, a fine of $5,000.00 is due.

iii. 7:30 AM - Noise Complaint (Loud Music) - # NC2023-25309

(Landlord) and # NC2023-25329 (Tenant): The party still
continued despite the ongoing presence of Code and Police
personnel. For example, a Code officer reports that while the
music was briefly turned down at approximately 6:38 AM, he
heard the music turn back up at approximately 6:46 AM and
could clearly hear, from outside the premises, both the music
and the DJ saying "why are we leaving, the party is right here."
Accordingly, Tenant and Landlord were again cited for
violating City Code § 46-152 by playing unreasonably loud
and excessive music. As Landlord's eleventh offense, a fine
of $5,000.00 is due. As Tenant's eighth offense, a fine of
$5,000.00 is due.

u. January 7, 2023 - Noise Violation (Loud Music)-# NC2023-25353

(Landlord) and # NC2023-25350 (Tenant): Both Tenant and
Landlord were cited for violating City Code § 46-152 by playing
unreasonably loud and excessive music at approximately 11 :15 PM.
As Landlord's twelfth offense, a fine of $5,000.00 is due. As Tenant's
ninth offense, a fine of $5,000.00 is due.

v. March 30, 2023 - Noise Violation (Loud Music) - # NC2023-26020

(Landlord) and # NC2023-26019 (Tenant): Both Tenant and
Landlord were cited for violating City Code § 46-152 by playing
unreasonably loud and excessive music at a party at approximately
11 :25 PM. A Code Compliance Officer observed a DJ booth on the
Property, and vehicles were illegally parked on the street as well.

As Landlord's thirteenth offense, a fine of $5,000.00 is due. As

Tenant's tenth offense, a fine of $5,000.00 is due.

w. March 31, 2023 -

i. 12:05 AM - Noise Violation (Loud Music)-# NC2023-26023

(Landlord) and# NC2023-26022 (Tenant): Both Tenant and
Landlord were cited for violating City Code § 46-152 by

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 playing unreasonably loud and excessive music at
approximately 12:05 AM. As Landlord's fourteenth offense, a
fine of $5,000.00 is due. As Tenant's eleventh offense, a fine
of $5,000.00 is due.

ii. 1 :58 AM - Noise Violation (Loud Music) - # NC2023-26025

(Landlord): Despite receiving a violation earlier in the early­
morning hours, loud noise persisted at the Subject Property.
A Code Compliance Officer reported that at approximately
1:45 AM, the music was raised and an individual was heard
rapping. Landlord alone was cited a second time for violating
City Code § 46-152. As Landlord's fifteenth offense, a fine of
$5,000.00 is due.

x. May 4, 2023 - Zoning Violation (Short-Term Rental) - # ZV2023-

04747: Landlord was cited for advertising via Rental Escapes that
the Subject Property was a short-term rental available at a right of
$6,250 per night for a minimum stay of 30 nights (i.e., a term shorter
than six months and one day). When this Notice of Violation was
posted on the Property, Tenant behaved in an irate manner and
yelled at Code personnel to "Get off my property" and threatened to
have his dogs attack the Code officer.

y. May 20, 2023 - Noise Violation (Loud Music) - # NC2023-26374

(Tenant) and # NC2023-26374 (Landlord) - photos of party
attached hereto as Exhibit G:

Both Tenant and Landlord were cited for violating City Code § 46-
152 by playing unreasonably loud and excessive music at
approximately 12:30 AM. As Landlord's seventeenth offense, a fine
of $5,000.00 is due. As Tenant's thirteenth offense, a fine of
$5,000.00 is due.

Notably, this May 20th incident appears to have corresponded with

Tenant's birthday party. As further proof that Tenant is flouting the
City's Code enforcement efforts, Tenant celebrated at his party with
a birthday cake featuring a City cease-and-desist letter turned into
decorative frosting. See Ex. G. There is no irony in the fact that
Tenant served this cake at the same party that prompted further
neighbor complaints and Code enforcement action.

17. Pursuant to Section 60.05, Florida Statutes, the City is authorized to seek

injunctive relief to abate public nuisances.

18. Pursuant to Section 823.05, Florida Statutes, a nuisance is described as

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 \

"any building ... or place that tends to annoy the community or injure the health of the

community ... [or] [a] place where any law of the state is violated."

19. The Subject Property, as operated and maintained by the individual

Defendants, constitutes a nuisance that tends to annoy the community and injure the

health of the citizens in general, and is a place where the law is routinely violated, all in

violation of Chapter 823, Florida Statutes.

20. The Subject Property is frequently the site of large parties (both commercial

and private) wherein alcohol is consumed and noise, including but not limited to amplified

music, emanates at volumes that are unreasonably loud, excessive, and unnecessary­

including in the late-night and early-morning hours, disrupting the peace and quiet of the

neighboring residents.

21. Due to the limited amount of parking, persons attending these events

frequently park on adjoining public streets, right-of-way areas and neighboring private
'
properties. This inadequate parking situation tends to cause additional disturbances to

the single-family residents in the neighborhood.

22. There have been multiple large scale disturbances at the Subject Property,

including several disturbances within the span of a single party, demonstrating that the

issuance of violations by Code Enforcement or even the Miami Beach Police Department

fails to adequately deter the bad conduct.

23. The ongoing pattern of unlawful conduct at the Subject Property, as well as

the traffic, crowds, and noise at all hours of the night generated by the Subject Property,

presents a real and immediate threat of annoying the community, injuring the health of

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the community, and/or violating the law, and constitutes a public nuisance as set forth in

Section 823.05, Florida Statutes.

24. In addition, the City Code provides that any violation of its noise ordinances

(in Article IV of the City Code) "shall constitute a nuisance." City Code § 46-160. The

persons responsible for compliance with the noise ordinances include "any persons

owning or having responsibility for management of a premises, however temporarily";

"any person playing music"; and "any person having control of volume knobs or levels or

amplification devices." City Code§ 46-153. This means that Landlord, Agent, and Tenant

are all responsible for compliance with the noise ordinances and may be enjoined from

committing future noise violations. City Code§§ 46-159(g), 46-160.

25. Additionally, both Landlord and Agent are subject to notices of violation for

violating the prohibitions on short-term rentals and commercial use in the RS-4 district.

See City Code §§ 142-109(d)(4), 142-905(b)(5)(a)(3). The City is authorized to seek

injunctive relief to prohibit such future violations. See City Code§§ 142-109(d)(3), 142-

905(b )(5)( a)(2).

26. The public nuisance poses the immediate threat of irreparable injury to the

public and to property, and there is no adequate remedy at law.

27. All conditions precedent have been satisfied or waived.

WHEREFORE, Plaintiff, the City of Miami Beach, Florida, having no adequate

remedy at law, and the quality of life and property rights of its citizens being threatened,

requires equitable relief and prays that this Honorable Court grant a temporary and

permanent injunction enjoining: (a) the maintenance of the nuisance complained of on

the Subject Property; (b) the conduct, operation or maintenance of any commercial

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business or activity on the Subject Property; (c) the use of the Subject Property as either

an impermissible short-term rental or as a "party house" with all its attendant City Code

violations; and (d) the making or maintenance of any unreasonably loud, excessive,

unnecessary or unusual noises on the Subject Property. Further, Plaintiff, the City of

Miami Beach, Florida, requests that a certified copy of said injunction be recorded in the

public records of Miami-Dade County, which shall constitute notice to and be binding upon

any subsequent purchasers, successors in interests, or assigns. Finally, Plaintiff, the City

of Miami Beach, Florida, requests an order awarding costs pursuant to Section 60.05,

Florida Statutes, and granting such other and further relief as this Court deems just and

proper.

DATED this <:Jf'-1 --

day of ~ 2023.

Respectfully submitted,
RAFAEL A. PAZ, CITY ATTORNEY
City of Miami Beach
Office of the City Attorney
1700 Convention Center Drive, 4 th Floor
Miami Beach, Florida 33139

M I- Z,__.Jl ~
Tel. (305) 673-7470 / Fax (305) 673-7002

BY:
Rob~osenwald, Jr.
Chief Deputy City Attorney
Florida Bar No. 0190039
robertrosenwald@miamibeachfl.gov
Henry J. Hunnefeld
First Assistant City Attorney
Florida Bar No. 343811
henryhunnefeld@miamibeachfl.gov
Freddi R. Mack
Senior Assistant City Attorney
Florida Bar No. 111623
freddimack@miamibeachfl.gov

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 VERIFICATION OF COMPLAINT

I, Hernan Cardeno, am over the age of eighteen (18) years old and am otherwise

sui juris. I am the Director of the Code Compliance Department for the City of Miami

Beach, Florida. In such capacity, I have the authority to make this verification on behalf

of the City of Miami Beach, Florida. Under penalties of perjury, I declare that I have read

the foregoing Verified Complaint and that the facts alleged therein are true and correct to

the best of my knowledge and belief based on personal knowledge and my review of the

City's public records concerning the ma ers at issue in the Verified Complaint.

By._~1--- - - - - - - - - - - - - - -
HERNA CARDENO, as
Authorized Agent for the City of Miami Beach, Florida

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 CFN: 20200574424 BOOK 32135 PAGE 2627
DATE:10/08/2020 09:20:33 AM
DEED DOC 39,000.00
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY

WARRANTYDEED

Return to:

Ms. Carinna Torres

Clear Title Group
1111 Lincoln Road, #801
Miami Beach, FL 33139

This Instrument Prepared by:

Michael A. Currea, Esq.

8181 N.W. 36th St., Ste. 27-C
Doral, Florida 33166

Property Appraisers Parcel Identification (Folio) Number: 02-3210-002-0070

THIS WARR.Ai'-lTY DEED, made the)\+:; ~ 1.,_.v , A.D. 2020, by JAIME

IRIARTE ANGULO and HILDA llLIA MONTANO DE IRIARTE, husband and wife, hereinafter called
the Granter, to STEPHEN KRAUS, whose post office address is 823 Park Avenue, New York, NY 10021,
hereinafter called the Grantee:

WITNESSETH: That the Granter, for and in consideration of the sum of$10.00 and other good and
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the Grantee, and the latter's heirs, successors and assigns
forever, all that certain land situate in Miami-Dade Coun1y, State of Florida, viz:

Lot 11, less the West 20 feet thereof, and all of Lot 12, Block 27, MIAMI VIEW SECTION OF
THE ISLE OF NORMANDY, P ART-1, according to the plat thereof, recorded in Plat Book 34,
Page(s) 80, of the Public Records ofMiami-Dade Coun1y, Florida.

Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.

SUBJECT TO: Easements, conditions, restrictions, covenants, and reservations of record, without
intending hereby to reimpose same.

To Have and to Hold, the same in fee simple forever.

And the Granter hereby covenants with said Grantee that the Granter is lawfully seized of said land
in fee simple; that the Granter has good right and lawful authori1y to sell and convey said land, and hereby
warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;
and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2019.

IN WITNESS WHEREOF, the said Granter has signed and sealed these presents the day and year
first above written.

Exhibit A II 11
 CFN: 20200574424 BOOK 32135 PAGE 2628

Signed, sealed, and delivered in

the presence of:

~~0,{~~
Print Name: \I-,.._; c r-lfa Ll, Q, _ Cu :(.,Z,,1:4

JAIME IRIAR~ARTE,
By Hilda Jilia Montano De Iriarte, as
Attorney- in- Fact
801 South Miami Avenue, Apt. #1809
Miami, FL 33130

STATE OF FLORIDA
COUNTY OF MIA!vII-DADE

Tue foregoing instrument rwas acknowledged before me by means of)qphysical presence

or D online notarization, this I /}C day of S:ey ~ 2 0 2 0 , by HILDA JJLIA
MONTANO DE IRIARTE, individually and as attomey-~act for JAIME IRI~T~ ANGULO,
who is personally known to me or who have produced a +
(ori 0 6 Driu e_r--
L< ~ Se__

0. '
as identification.

My Co=ission Expires:

PnmN=o•~6~
NOTARY PUBLIC
4/24/23, 12:59 PM Property Search Application - Miami-Dade County

Address Owner Name Folio

SEARCH:
1776 bay Suite

Back to Search Results

PROPERTY INFORMATION
Folio: 02-3210-002-0070

Sub-Division:
ISLE OF NORMANDY MIAMI VIEW SEC PART 1

Property Address
1776 BAY DR

Owner
STEPHEN KRAUS

Mailing Address
823 PARK AVE
NEW YORK, NY 10021

PA Primary Zone
0100 SINGLE FAMILY - GENERAL

Primary Land Use

0101 RESIDENTIAL- SINGLE FAMILY : 1 UNIT

Beds / Baths / Half 6/7 / 0

Floors 2

Exhibit 8
11 11 1/8
https://www.mlamidade.gov/Apps/PA/propertysearch/#/
4/24/23, 12:59 PM Property Search Application - Miami-Dade County

Living Units

Actual Area 7,763 Sq.Ft

Living Area 5,327 Sq.Ft

Adjusted Area 6,166 Sq.Ft

Lot Size 13,940 Sq.Ft

Year Built 2015

Featured Online Tools

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4/24/23, 12:59 PM Property Search Application - Miami-Dade County

Comparable Sales Glossary

PA Additional Online Tools Property Record Cards
Property Search Help Property Taxes
Report Discrepancies Report Homestead Fraud
Special Taxing Districts and Other Non-Ad valorem Assessments Tax Comparison
Tax Estimator T RIM Notice
Value Adjustment Board

ASSESSMENT INFORMATION
Year 2022 2021 2020

Land Value $2,439,910 $1 ,756,870 $2,090,836

Building Value $2,898,020 $2,928,850 $2,071,776

Extra Feature Value $115,592 $116,800 $1 18,007

Market Value $5,453,522 $4,802,520 $4,280,619

Assessed Value $5,282,772 $4 ,802,520 $4,259,946

TAXABLE VALUE INFORMATION

2022 2021 2020

COUNTY

Exemption Value $0 $0 $50,000

Taxable Value $5,282,772 $4,802,520 $4,209,946

SCHOOL BOARD

Exemption Value $0 $0 $25,000

Taxable Value $5,453,522 $4,802,520 $4,234,946

CITY

Exemption Value $0 $0 $50,000

Taxable Value $5,282,772 $4,802,520 $4,209,946

REGIONAL

Exemption Value $0 $0 $50,000

Taxable Value $5,282,772 $4,802,520 $4,209,946

BENEFITS INFORMATION
Benefit Type 2022 2021 2020

https://www.miamldade.gov/Apps/PA/propertysearch/#/ 3/8
4/24/23, 12:59 PM Property Search Application - Miami-Dade County

Save Our Homes Cap Assessment Reduction $20,673 !'

Non-Homestead Cap Assessment Reduction $170,750

Homestead Exemption $25,000 .

Second Homestead Exemption $25,000

.
Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional).

.
FULL LEGAL DESCRIPTION
10 53 42 PB 34-80

ISLE OF NORMANDY MIAMI VIEW SEC

PART 1 E30FT LOT 11 &ALL LOT 12

BLK27

LOT SIZE 82.000 X 170

75R 260987

coc 25884-0611 08 2007 5

•
SALES INFDRMATION
Previous Sale Price OR Book-Page Qualification Description Previous Owner 1 p

09/11/2020 $6,500,000 32135-2627 Qua] by exam of deed JAIME IRIARTE ANGULO H

09/25/2017 $100 30737-1694 Corrective, tax or QCD; min consideration IRIARTE INC

12/07/2012 $1,550,000 28391-2695 Qual by exam of deed EST OF JOAN S BARON TRS

08/01/2007 $0 25884-0611 Sales which are disqualified as a result of examination of the deed

12101/1975 $152,500 00000-00000 Sales which are qualified

08/01/1973 $95,000 00000-00000 Sales which are qualified

For more !nfonnation about the Department of Revenue's Sales Qualification Codes.

◄ a
2022 2021 2020

LAND INFDRMATION
Land Use Muni Zone PA Zone Unit Type Units Cale Value·

GENERAL RS-R 0100- SINGLE FAMILY-GENERAL Front Ft. 82.00 $2,439,910 !

BUILDING INFORMATION
Building Number Sub Area Year Built Actual Sq.Ft. Living Sq.Ft. Adj Sq.FL Cale Value•

https://www.mlamldade,gov/Apps/PA/propertysearchl#/ 4/8
4/24/23, 12:59 PM Property Search Application - Miami-Dade County

2015 7,763 5,327 $2,898,020 '

~ Current Building Sketches Available

EXTRA FEATURES
Description Year Built Units Cale Value

Dock - Wood on Light Posts 2015 480

$11,520 [::;;~~
Chain-link Fence 4-5 ft high 2015 15 $144.

Aluminum Modular Fence 2015 16 $522'

Patio - Brick, Tile, Flagstone 2015 760 $7,858 :

Whirlpool -Attached to Pool (wh!rlpoo! area only) 2015 38 $5,001 !

Wall - CBS 4 to Bin, reinforced 2015 240 $1,843 i

Wall - CBS unreinforced 2015 1,360 $5,222 !
!
Gazebo - Frame 2015 299 $11,482 I
Luxury Pool - Good. 2015 $72,000 :

.i."
...............
•
,._,..._ _ _ ·-·····-·-·~ · · · . __ , "•--· . , , j · ~-·
-~:··:·:n:;w;~:
w-
••·,·.•_••
- - -.:.:;1_;/~i-:r_;~f-~.:g~_,::r_·_►.,\,
:!!':2~.i!.t::!. ~ -

ADDITIONAL INFORMATION
,. The information !!sted below Is not derived from the Property Appraiser's Office records. It is provided for convenlence and is derived from other
government agencies.

htt.ps://www.mlamldade.gov/Apps/PA/propert,Jsearch/#/ 5/8
4/24/23, 12:59 PM Property Search Application - Miami-Dade County

!: l' LAND USE

;---~------
AND RESTRICTIONS
--- ······----- - ------

Community Development District: NONE

Community Redevelopment Area: NONE

Empowerment Zone: NONE

i Enterprise Zone: MIAMI BEACH

I
I
Urban Development: INSIDE URBAN DEVELOPMENT BOUNDARY
ii
:I' I
Zoning Code: RS-4-

'I Existing Land Use: 10 - SINGLE-FAMILY, MED,-DENSITY (2-5 DU/GROSS ACRE),

ii Government Agencies and Community Services

; I

..----- -----··--···-· --- - ·-·--·--------

--·7'
! i OTHER GOVERNMENTAL JURISDICTIONS [
I' f'·•-·--·-··-
i:
Business Incentives

Chi!drens Trust

City of Miami Beach

Environmental Considerations

Florida Inland Navigation District

PA Bulletin Board

Special Taxing District and Other Non-Ad va!orem Assessment

School Board

l
South Florida Water Mgmt District

' __:~-C-ollector

The Office of the Property Appraiser is continually editing and updat!ng the tax roll, Th!s website may not reflect the most current lnformation on record. The
Property Appraiser and Miami-Dade County assumes no llabil!ty, see full disclaimer and User Agreement at http://www.m!amldade,gov/info/disclaimer.asp

For inquiries and suggestions email us at http://www.mlamidade.gov/PAPorta!/ContactForm/ContactFormMain.aspx.

Version: 2,0.3

EXEMPTIONS &BENEFITS

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Disability Exernptions

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 CFN: 20230164815 BOOK 33618 PAGE 1009
DATE:03/13/2023 08:36:11 AM
nowSign Envelope If>; BC626A06-1 C8A-•ns t-969f' •5B6490141128 LUIS G. MONTALDO, CLERK AD INTERIM
MIAMI-DADE COUNTY, FL
1:-1 AND BEFORE THE SPECIAL MAGISTRATE
OF THI<: CITY OF MIA:Vll BEACH, Fl,ORIDA

Special Vtaiistratc C'asc #: SMC'(022-02 l 75:7V202:?-04323

S.\.tC::!022-02 ! 62•ZV202:2-04316
s.,1c2022-02I6l,ZV2022-04305
<iMC2022-02 l 5Q.·/.V2022-0/422 l
~:V1C2022 02 J 46iZV2022-04189
s:v1c2022.o:::: :-rn:,,;v 2022-04297
SMc-2022-02 :41,zv2022-04269
SMC2022 -02142,7V2022•04260
S:VI C202.!-0:> 143:7 V2022-04235

Owucr,Agcnt: Stephen Knm:;

0232100020070

VIOLATION: Miumi Beach Cily Code Secuon 142-<'10.S (b) {5)

Property Addrc.~s 1776 BAY DH

r.i:r.al Descriplion: P,\RT l r-30H l 01 l l & ALL I.OT 12 COC 25884 0611 08 200° 5 75R 260087 !SU. Of
c,OR~1A --;l)y ~!IA vi! Vlf:\\' Sr.C 131.K 27 IO I SI/F. 82.000 X 170 10 53 42 PB l•l-80

I h1~ 1.;aus~ ::amt" on lo be heard .!x•parte. as provided by I· .S. 161.04 and Miaml I-leach Cny Code Sc~tion 30- 77. before
lhc Spc:::1i1\ Mng1stn1,;c, bast:d upon an Affida, il of ~oncotupliancc. evidencing that tlte abo,-e-reforcnccd violation{:;) still
cxbts, and that this ~pcc1al ~lap,i:.trate's rnor Order ha:; nol been complied ,.nth, therefore, u is.

ORDERED A:-1D ADJl:DGF:D:

I: fine impo:.::d for non-compliimce per )pcctal 1vlaster nrdcr dated Scptr:mbcr 30. 2022. in the amount of523S,000.00.
The Clerk of the Special ".v1ag,istratc is directed to record a ::crt1ficd copy of this Order m the Public Record:,; of
.\1ium1-Dude C(\unty. r lortdu, ut which time this Order "hall bei.;ome u I Jl-."l upon ull reu! or personnl propeny owned h> the
violators. fhc amount of the lien, along ,., ith ..;osts, inti.:rcSl and attorney·:; foes. shall t.:ontrnue w accrue until satisfied by full
paymem. After 3 months from tht! date of rm:1g 01',aid lien. 1funpa1d, tht: City t\ltomcy'~ Office is authonlcd to !()n:closc upon
said lir.:n. STATE OF' Fl.ORrDA
COU~TY OF MIAMf-DADE
The Clerk of the Special .\fagis1ra1c, City or Miami
Seplt:mbi:r 30, .:!.0:?2 Beach, Florida, doc~ lmeby certify that 1he above
and foregoing_ is a lru.: and correct copy of the
original thereof oc fik ic thi~ office.
~l!.Pess my ha d aod official seal this
As !)pecml \1ae1s1ra1e for 1hc <.'uy of Ytiam1 I-leach ~d,yof ,,oc8

State of f-'londa
(.'uunty of ~iami-Dadi.:) ,:,~

Exhibit C
11 11
CITY OF MIAMI BEACH

MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH FL33139-182d
Telephone (305) 673-7420

April 10, 2023

Property Address: 1776 BAY OR STATEMENT# INT 47061
FOLIO NO: 02-3210-002-0070
Percentage of Ownership of the unft towards Condo elements:[. 100.0% _:
.....All releases ace aood ONLY for30 davs /foot oafq bv due date additional fees will incur. Statement Exoires·
ENTIRE PROPERTY
THIS IS TO CERTIFY THAT THE FOLLOWING MUNICIPAL LIENS OR ASSESSMENTS ARE DUE ANO PAYABLE AGAINST,
10 53 42 PB 34-80 ISLE OF NORMANDY MIAMI VIEW SEC PART 1 E30FT LOT 11 & ALL LOT 12 BLK 27 LOT SIZE 82.000 X 170
75R 260987 COC 25884-0611 08 2007 5

Charge Type:
Account Service Due Amount Interest
Number Period Date Due Due

1) UTILITY BILL: 097956-03 NIA 04/11/2023 $816.59

~NOTE: Balance Is subject to a final blll.

2) UNSAFE STRUCTURE SEE ATTACHED STATEMENT FOR AMOUNT DUE

3) RESORT TAX LIENS •· SEE ATTACHED STATEMENT FOR AMOUNT DUE

4) CITY BILLS SEE ATTACHED STATEMENT FOR AMOUNT DUE

5) CITY INVOICES CC2022-13030 S1,000.00

CC2022-13263 $1,000.00
CC2022-13717 $1,000.00
NC2022-24265 S250.00
NC2022-24407 S1,50000
NC2022-25039 $3,000 00
NC2022-25D41 $4,000.00
NC2022-25047 S5.000.00
NC2022-25049 S5.000.00
NC2022-25077 S5,000.00
NC2022-25088 S250.00
NC2022-25089 S1,500.00
NC2022-25090 S3,000.00
NC2022-25091 $4,000.00
NC2022-25282 S5,000.00
NC2022-25283 $5,000.00
NC2023-25295 ss.000.00
NC2023-25302 ss.000.00
NC2023-25306 SS.000.00
NC2023-25308 S5,000.00
NC2023-25309 S5,000.00
NC2023-25329 S5,000.00 $5,000.00
NC2023-25350 S5,000.00 $5,000.00
NC2023-25353 S5.000.00 $5,000,00
NC2023-26019 S5,000.00 $5,000.00
NC202J-26020 55,000.00 $5,000.00
NC2023-26022 55,000.00 .$5,000,00
NC2023-26023 S5,000.00 $5 1000.00
NC2023-26024 S5.000.00 ss,000.00
NC2023-26025 55,000.00 $5,000.00
ZV2022-04335 $25,000.00 $25,000,00
ZV2022--04336 S25,000.00 $25,000.00
ZV2022-04512 S100,000.00 s100,ooo.oo
ZV2022--04513 S25.000.00 $25,000.00

6) ELEVATOR SEE ATTACHED STATEMENT FOR AMOUNT DUE

7) SPECIAL ASSESSMENT SEE ATTACHED STATEMENT FOR AMOUNT DUE

Exhibit D
11 11
Property Address: 1776 BAY DR STATEMENT#INT 47061

8) LICENSING SEE ATTACHED STATEMENT FOR AMOUNT DUE $0,00

~NOTE: Balance subject to Penaltfes upon payment date,

9) RECORDED LIEN SEE ATTACHED STATEMENT FOR AMOUNT DUE $0,00

10) OPEN VIOLATION -(with no money currently owed)

SEE ATTACHED STATEMENT FOR OPEN VIOLATIONS

11) PERMITS -contact Bulldlng Department forfurtherlnfonnatJon. 305-673-7610

SEE ATTACHED STATEMENT FOR OPEN PERMITS

12) PARKING -contact Parking Department for further infonnat!on. 305-673-7275

13) PUBLIC WORKS -contact Public Works Department for further lnfonnatlon. 305-673•7080

THE SECTION BELOW ONLY APPLIES TO SPECIAL MAGISTRATE CASES/LIENS

14) SPECIAL MAGISTRATE 33618 / 1009 STEPHEN KRAUS S252,229.04 S11.00·, $252,240.04
"CASES RELATED TO THE LJEN ABOVE'"
SMC2022-02175 ZV2022-04323
SMC2022-02162 21/2022-04316
SMC2022-02161 ZV2022-04305
SMC2022-02150 ZV2022-04221
SMC2022-02146 ZV2022-04189
SMC2022-02140 ZV2022-04297
SMC2022-02141 ZV2022-04269
SMC2022-02142 ZV2022-04260
SMC2022-02143 ZV2022-04235

TOTAL AMOUNT DUE $543,556.63

SPECIAL MAGISTRATE- 305.673.7181 COD£ COMPLIANCE - 305.673.7555 LJEN DESK - 3D5,673.7nB

ADDmONAL BILLS MAY BE DUE FROM DATE Of tAST REGULAR READING TD DATE OF FINAL READING. ALL DELINQUENT CHARGES BEAR A PENALTY
Of 10%, RECORDED LIENS BEAR INTEREST AT 12% PER ANNUM, UNPAID ANO/OR DELINQUENT CHARGES TOGETHER WITH ALL PENALTIES IMPOSED
THEREON, SHALL REMAIN AND CONSTITUTE SPECIAL ASSESSMENT LIENS ,AGAINST THE REAL. PROPERTY,

NOTICE• SHORT TERM RENTALS OF LESS THAN SIX MONTHS AND ONE D.ll,Y ARE NOT PERMITTED IN SINGLE FAMILY HOMES, AND IN ZONING DISTRICTS THAT 00 NOT
PERMIT HOTEL USES, SEE SECTIONS 142,!101i(b)(5) AND 142-1111, MIAMI BEACH CITY CODE,

I hereby certify that this Lien Statement Is a true and accurate reflection (as of the date oflhls Lion Statement) of those Liens and /or City Bllls {per the flies
of the Cit)' of Miami Beach Finance Department) due and owing the City of Miami Beach regarding the subject property.

MICHAEL SUAREZ. FINANCIAL ANALYST I

SUBCRIBED AND SWORN TO before me this [ 0 day of-1..J"'µ---'------'----i'-I-~

 Lien Research System
City of Miami Beach Lien Search Statement

Parcel: 0232100020070
Address: 1776 BAY DR
Internal Staff Statement ID: 47061
Date: 4/10/2023 3:32:22 PM

Legal Description for Parcel# 0232100020070:

10 53 42 PB 34-80 ISLE OF NORMANDY MIAMI VIEW SEC PART 1 E30FT LOT 11 & ALL
LOT 12 BLK 27 LOT SIZE 82.000 X 170 ?SR 260987 COC 25884-0611 08 2007 5

The City of Miami Beach will accept payment for amounts reflected on this statement for up to
30 days from the date of this statement. However, if this total includes a partial payoff for a
Special Magistrate Lien, the amount is an estimate and the final amounts should be obtained
by contacting the Lien Research Team at 305-673-7778 or by emailing:
lienresearch@mlamibeachfl.gov

As of 4/10/2023, the outstanding amounts due on Parcel# 0232100020070 are:

City Invoices subtotal: $290,500.00
Utility Billing subtotal: $816.59
Special Magistrate subtotal: $165,864.00
Recorded Liens subtotal: $0.01
Total Amount Due for this Parcel: $457,180,60

SEE COVER SHEET

FOR AMOUNT DUE

Have Questions? lienresearch@miamibeachfl.gov - 305-673-7778 Page 1 of6

 Details for Parcel 0232100020070:

City Bills subtotal for Parcel 0232100020070: $0.00

City Invoices subtotal for Parcel 0232100020070: $290,500.00

Parcel Number Case I Ref# Status Balance Bill Type Name
0232100020070 CC2022- Fine Owed $1,000.00 Code Enforcement Villa Pads
13030
0232100020070 CC2022- Fine Owed $1,000.00 Code Enforcement AIRBNB, INC. C/O
13263 CORPORATION SERVICE
COMPANYR.A
0232100020070 CC2022- Fine Owed S1,000.00 Code Enforcement Stephen Kraus
13717
0232100020070 NC2022- Fine Owed $250.00 Code Enforcement STEPHEN KRAUS
24265
0232100020070 NC2022- Fine Owed $1,500.00 Code Enforcement Stephen Kraus
24407
0232100020070 NC2022- Fine Owed $3,000.00 Code Enforcement Stephen Kraus
25039
0232100020070 NC2022- Fine Owed $4,000.00 Code Enforcement Stephen Kraus
25041
0232100020070 NC2022- Fine Owed $5,000.00 Code Enforcement Stephen Kraus
25047
0232100020070 NC2022- Fine Owed $5,000.00 Code Enforcement Stephen Kraus
25049
0232100020070 NC2022- Fine Owed $5,000.00 Code Enforcement STEPHEN KRAUS
25077
0232100020070 NC2022- Fine Owed $250.00 Code Enforcement Scott Weissman
25088
0232100020070 NC2022- Fine Owed $1,500.00 Code Enforcement Scott Weissman
25089
0232100020070 NC2022- Fine Owed $3,000.00 Code Enforcement Scott Weissman
25090
0232100020070 NC2022- Notice of 54,000.00 Code Enforcement Scott Weissman
25091 Violation
0232100020070 NC2022- Notice of $5,000.00 Code Enforcement Stephen Kraus
25282 Violation -
Reinspect!
on
0232100020070 NC2022- Fine Owed $5,000.00 Code Enforcement Scott Weissman
25283
0232100020070 NC2023- Fine Owed $5,000,00 Code Enforcement Scott Weissman
25295
0232100020070 NC2023- Fine Owed S5,000.00 Code Enforcement Stephen Kraus
25302
0232100020070 NC2023- Fine Owed $5,000.00 Code Enforcement Stephen Kraus
25306
0232100020070 NC2023- Fine Owed S5,000,00 Code Enforcement Scott Weissman
25308

Have Questions? lienresearch@miamibeachfl.gov - 305-673-7778 Page 2 of 6

Parcel Number Case I Ref# Status Balance Bill Type Name
0232100020070 NC2023- Notice of $5,000.00 Code Enforcement Stephen Kraus
25309 Violation
0232100020070 NC2023- Notice of $5,000.00 Code Enforcement Scott Weissman
25329 Violation
0232100020070 NC2023- Fine Owed $5,000.00 Code Enforcement Scott Weissman
25350
0232100020070 NC2023- Fine Owed $5,000.00 Code Enforcement Stephen Kraus
25353
0232100020070 NC2023- Notice of $5,000.00 Code Enforcement Scott Weissman
26019 Violation
0232100020070 NC2023- Notice of $5,000.00 Code Enforcement Stephen Kraus
26020 Violation
0232100020070 NC2023- Notice of $5,000.00 Code Enforcement Scott Weissman
26022 Violation
0232100020070 NC2023- Notice of $5,000.00 Code Enforcement Stephen Kraus
26023 Violation
0232100020070 NC2023- Notice of $5,000.00 Code Enforcement Scott Weissman
26024 Violation
0232100020070 NC2023- Notice of $5,000.00 Code Enforcement Stephen Kraus
26025 Violation
0232100020070 ZV2022- Fine Owed $25,000.00 Code Enforcement Nightfall Group, LLC- Clo
04335 MOKHTAR JABLI
0232100020070 ZV2022- Fine Owed $25,000.00 Code Enforcement Stephen Kraus
04336
0232100020070 ZV2022- Invoice $50,000.00 Code Enforcement Stephen Kraus
04512 Pending
0232100020070 ZV2022- Invoice $50,000.00 Code Enforcement Stephen Kraus
04512 Pending
0232100020070 ZV2022- Appeal $25,000.00 Code Enforcement Scott Weissman
04513

Utility Billing subtotal for Parcel 0232100020070: $816.59

Parcel Number Account# Invoice# Due Date Balance Name
0232100020070 097956-03 09966695 04/11/2023 $816.59 KRAUS,STEPHEN

Licensing subtotal for Parcel 0232100020070: $0.00

Resort Tax subtotal for Parcel 0232100020070:

Resort Tax Assessments for Parcel 0232100020070:

Resort Tax Memorandums for Parcel 0232100020070:

Have Questions? lienresearch@miamibeachfl.gov - 305-673-7778 Page 3 of 6

Special Assessments subtotal for Parcel 0232100020070: $0.00
SEE COVER SHEET
I FOR A~.10UNT DUE
Special Magistrate subtotal for Parcel 0232100020070:_§j.65,864:00- ~'\f
'
Parcel Number Case# Balance Name Status
0232100020070 SMC2022..Q2140 s10,ooo.oo STEPHEN KRAUS Lien
0232100020070 SMC2022-02140 S108,00 STEPHEN KRAUS Lien
0232100020070 SMC2022-02141 $40,000.00 STEPHEN KRAUS Lien
0232100020070 SMC2022-02141 S108.00 STEPHEN KRAUS Lien
0232100020070 SMC2022-02142 S108.00 STEPHEN KRAUS Lien
0232100020070 SMC2022-02142 S15,000.00 STEPHEN KRAUS Lien
0232100020070 SMC2022-02143 S108.00 STEPHEN KRAUS Lien
0232100020070 SMC2022-02143 S25,000.00 STEPHEN KRAUS Lien
0232100020070 SMC2022-02146 S108.00 Stephen Kraus Lien
0232100020070 SMC2022-02146 s10,000.00 Stephen Kraus Lien
0232100020070 SMC2022-02150 S15,000.00 STEPHEN KRAUS Lien
0232100020070 SMC2022-02150 S108.00 STEPHEN KRAUS Lien
0232100020070 SMC2022-02162 S108.00 Stephen Kraus Lien
0232100020070 SMC2022-02162 S15,000.00 Stephen Kraus Lien
0232100020070 SMC2022-02175 $108.00 Stephen Kraus Lien
0232100020070 SMC2022-02i75 S35,000.00 Stephen Kraus Lien
* Each Special Magistrate Case may be associated with multiple liens filed with the county. To
have each lien released with the county, please include an additional $11.00 per lien in
addition to the payoff amounts. Lien payments must be remitted with an $11.00 recording fee
for each lien for fina.l release or contact the Lien Research Team for more information.

Elevator Permits subtotal for Parcel 0232100020070: $0.00

Unsafe Structure Violations subtotal for Parcel 0232100020070: $0.00

SEE COVER SHEET
Recorded Liens subtotal for Parcel 0232100020070: $0..01
Parcel Number Lien Bk/Pg Date
R.J FOR AMOUNT DUE

Original AmoGnt • Include In Satisfaction Satisfaction

Recorded Subtotal Date Bk/Pg
0232100020070 33618/1009 3/13/2023 $0.01 yes
..
• If 'no' 1s in the 'Include 1n Subtotal' column then 1t 1s not counted 1n this section's subtotal

y\-ec..se s.ee Co-Ju- s\ee..-\-

'?.e\~e-~ \-o ~\\ ~c,c'1 G
l'V\ti~\'-)\<t.:.\ e. o.,'.::f.

Have Questions? lienresearch@miamibeachfl.gov - 305-673-7778 Page 4 of 6

 For Information Only

For any questions on Building PermitsNiolations please contact the Building Department at
305-673-7610. For any questions on Code Violations, please contact Code Compliance at
305-673-7555.

Open Violations (with no money currently owed):

Parcel Number Case# Status Balance
0232100020070 SMC2022-02223 Assigned $0.00
0232100020070 SMC2022-02300 Assigned $0.00
0232100020070 SMC2023-02392 Special $0.00
Magistrate
0232100020070 STR2022-00167 Appeal $0.00
0232100020070 ZV2022-04025 Adjudicated $0.00
0232100020070 ZV2022-04102 Adjudicated $0.00
0232100020070 ZV2022-04189 Adjudicated $0.00
0232100020070 ZV2022-04221 Adjudicated $0.00
0232100020070 ZV2022-04235 Adjudicated $0.00
0232100020070 ZV2022-04260 Adjudicated $0.00
0232100020070 ZV2022-04269 Adjudicated $0.00
0232100020070 ZV2022-04297 Adjudicated $0.00
0232100020070 ZV2022-04305 Adjudicated $0.00
0232100020070 ZV2022-04316 Adjudicated $0.00
0232100020070 ZV2022-04323 Adjudicated $0.00
0232100020070 ZV2022-04334 Special $0.00
Magistrate
0232100020070 ZV2022-04529 Special $0.00
Magistrate
Violation Type Name
Unknown Stephen Kraus
Unknown Stephen Kraus
Unknown Stephen Kraus
Unknown Scott Weissman
Code Enforcement STEPHEN KRAUS
Code Enforcement STEPHEN KRAUS
Code Enforcement Stephen Kraus
Code Enforcement STEPHEN KRAUS
Code Enforcement STEPHEN KRAUS
Code Enforcement STEPHEN KRAUS
Code Enforcement STEPHEN KRAUS
Code Enforcement STEPHEN KRAUS
Code Enforcement Stephen Kraus
Code Enforcement Stephen Kraus
Code Enforcement Stephen Kraus
Code Enforcement Stephen Kraus
Code Enforcement Stephen Kraus

Open Permits:
Parcel Number Case# Permit Applled Approved Expired Balance Name
Status Date Date Date
0232100020070 BC016093 Issued 12/09/2015 08/05/2016 $0.00 EnerGov Conversion
0232100020070 BC016093 Issued 12/09/2015 08/05/2016 $0,00 STAR BRITE GROUP
INC (CGC010170]
0232100020070 BC016111 EXPIRED 12/22/2015 12/22/2015 03/21/2016 $0.00

Have Questions? lienresearch@miamibeachfl.gov - 305-673-7778 Page 5 of 6

 Accuracy of Results:
The City of Miami Beach makes every effort to ensure the accuracy of the provided
information. The search engine is updated nightly based on the data at the City of Miami
Beach. Under most circumstances, search results are current as of the prior business day.
Access to information in the database is limited to those users who acknowledge and agree to
the Terms of Use and signify their agreement.

Additional Utility Bills may be due from date of last regular reading to date of final reading. All
delinquent City Bills bear interest at 1.5% per month. Recorded liens bear interest at 12% per
annum. Unpaid and/or delinquent charges together with all penalties imposed thereon, shall
remain and constitute special assessment liens against the real property.

Notice: Short term rentals of less than six months and one day are not permitted in single
family homes, and in zoning districts that do not permit hotel uses. See sections 142-905(b)(5)
and 142-1111, Miami Beach City Code.

The Lien Research Team can be contacted at lienresearch@miamibeachfl.gov

or at 305-673-7778

Have Questions? lienresearch@miamibeachfi.gov - 305-673-7778 Page 6 of6

 "-',..,.., 4u~.>u 1u..-o "" ovvr,,. .,.,u 10 r"/"\'-=IC:. 1
DATE:03/13/2023 08:36:11 AM
OocuS1gn C::nvelopc 1n HC626A06-1[8A-1751-9691 .5954901-' 112a LUIS G. MONTALDO, CLERK AD INTERII
MIAMI-DADE COUNTY. FL
l:S.' Ai\"I) 13EFORE 'l'IIE SPECIAL MAC:ISTR,\TJ•:
OF Tll~: CITY OF ~11,UII Ul,ACII, FLOR(l)A

Slli!clal \h.~biralt! ("!t'll' #: S~!(..':.>On-0."17) /VlOn-043J:\

"l\'K~o:-:>.un,_,2•lV ~0~2-0-H lb
S.\IC1022-0:? Io I /\' !022-04305
c;~1c2022.o~ 150 1v .mn o,12~ !
SM(."20~:! 02 I 4ti,/.V:?022-04 I ;:11
1\\,1[2022-0:.': 10 /.\20~2 0421)"?
~MC..!022-0:!:41 /\:.!022-042b9
SMC.?012 0J147-/V~Ul2•04260
S~IC."20:! :.o, 1•0 '/\' .?U:!2-04~3'>

Uwr:cr Ar.cnt'

023.? 100020070

Vl01.ATIOS
: ~76 [l \ Y 1)1(

P IR 11 I JOI I I 01 I I /l. .\I.I IO I 12 (Ot l5~M U<>I I tl~ 200"; '51l lt,IJ'IR7 ISU OI·
',01(.\1.'\ ',llY \ti,\ \II 1·11 \\ ~t,C [11.K 27 I fl I ~I/I 8~ 000 X I''' 10 53 ~2 Ptl 3-1-KO

I h1< \.. msc .:,unt· on w be heard .:,-partc. Js. pro, 1dcd b~ l S ~t,} IJl,I ,tnd ~ham: lli:ach C11y Cod: Sc:uon 30-"":. h\.:fi.>rc
1he ":,pc.:ul'\·1:1y,1strn.L· b•.t:11t~d upon .1n Al:id.t\ll ot \:om:oruph.tn-i:c c\ldt..-ncLny. 1h,11 du: aboH: rdt:(enccd \lolatmn(:"t) sltll
cx,~t-.; . .and lhat th1:- ~pr:nal \1at1stratc·~ prior Order ha:, no. hccr1 C"omphcd \\llh. therefore. ,t ,s

OR0[llf:ll .\'ID ,\D.Jl.l\Ge:O:

i - r inc ,mpos::d for no:1-compha.ni!c per )pcca.,I \ta-.tcr ,,rdcr dated Septt•:11hcr 30. 20~2 m the om,,:Jnl et:''-23j.OOO uo
I'hc ('let~ <'I 1hc Special \ia~tstratc ,~ due:tcd h> ,ccNd a .:crttEcd cop> ,,1 this Order in (he Pubhc Rcc1,rd1- of
M,Jm1•l>adc C11unty. ! lc.mda. &Jl v.tud1 llmr: 1h1:,. 01dcr ..It.di bc;.omc a I II \I upon &Ji! re.ii u: pc,sonaf property o•.1,ncd b~ 1hc
\liol.1tors f'hc amount nf (tlc l:cn. alon,; \\ •lh ..:01,::,, 1nt1.·rcst and attontC)' ·i k~·s. shall ~ontmuc to uccn.c un11I i,utj)'o(ied ½)· full
payment Aflc-r 3 month~ from the J.11c nl lilmn of '>;j:d hen 1f u:1poud. the <..':l)' ·\ltumey·s Olftcc 1s au1hontcd to lo11;dosc upnn
Silld ltcn STATF.OF· Fl.ORIUA
COl'.)ITY or- \IIA\tl-DADF
The Clc:r\:. of the Sp('.,"\al \bginr:a1c. Cil)' of Mi.tm.i
Scpt::mh~-~ 30. 2.U:!2 Bc2.ch l·londa, dou hc:rc:b} cc.rufy th2.t the: aba,,'C
and foregoing is a 1nu:-and corrccl copy ar 1bc:
Oflgtnal lhc:tc:of oo fiJc m tbi~ offic<:
W}!,IJcSS my ha9d and officral 5-eal till~
,\s-~pcr:1al \1ag1sua11.• for the (.'1ty of \11am1 lli;ach

State of Honda
:,\ ~, d,, of ,/ 0.>1Ll.20~-?.3
\.-C...., •• 1-"----
Carmc:n lkro.&nd'h.
a·
l vunty ot \,fa;um-O.uit) '-S C:lc:rl: of the Si,<c1al Ma~stratc

f he forcy,mng u,s1r:.inh:n1 w,1s acknowil-dgcd before m~ on .1QJ'\u..:/'i .;J.,{ c,tv;.,:; . b} f'nnquc /..amora. as
"pci.:1al \r1ay.1s1r..11e for 1h" (.'1t',· ,1f \11dtnl 8l·.td1. rto:1da. who 1, pi..iionally k1:own 10 61c anJ ..-.ho did no! :akc au rnuh

r,
I Ir, . . __
'\/} u
,JJ.,.,""-'"--..,,_ 7
~ , , ,- (I'
C.11m::n lkrnandc.1. ,u!.1ry Put.-lu
~rntr.: ot Hurid.1
.131 j(}
DAYS 223
BEGIN 09/30/2022
END 05/10/2023
DAILY FINE
TOTAL FINE $ 235,000.00
INTEREST $ 17,229.04
TOTAL $ 252,229.04

RELATED CASES SMC2022-02175

SMC2022-02162
SMC2022-02161
SMC2022-02150
SMC2022-02146
SMC2022-02140
SMC2022-02141
SMC2022-02142
SMC2022-02143

*does not include the recording fee

City of Miami Beach
Photographs for Case #: NC2022-25039
Violator: Stephen Kraus Type: Noise Complaint First lnsp:
Address: 1776 BAY DR

Notes: Property User: Nahyeem Denis

Thursday, April 13, 202311 :20:45 ?·~ - -- - - - - - - - - - -- - -~ Page 1 of3

Exhibit E
11 11
Photographs for Case #: NC2022-25039

Violator: Stephen Kraus Type: Noise Complaint First lnsp:

Address: 1776 BAY DR

Notes: Cars parked on ROW User: Nahyeem Denis

Thursday, April 13, 2023 11 :20:50 am Page 2 of3

Photographs for Case#: NC2022-25039

Violator: Stephen Kraus Type: Noise Complaint First lnsp:

Address: 1776 BAY DR

Notes: Cars parked on ROW User: Nahyeem Denis

Thursday, April 13, 2023 11 :20:50 am Page 3 of 3

Exhibit F1
II 11
it "F2"
 ----

Exhibit G1 ..
11
 -- -~

Exhibit 62
11 11