AHE Realty Assoc., LLC v. Miami-Dade Cnty.

320 F. Supp. 3d 1322
CourtDistrict Court, S.D. Florida
DecidedJune 29, 2018
DocketCase No. 18-cv-20177-KMM
StatusPublished
Cited by4 cases

This text of 320 F. Supp. 3d 1322 (AHE Realty Assoc., LLC v. Miami-Dade Cnty.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AHE Realty Assoc., LLC v. Miami-Dade Cnty., 320 F. Supp. 3d 1322 (S.D. Fla. 2018).

Opinion

K. MICHAEL MOORE, CHIEF UNITED STATES DISTRICT JUDGE

*1328THIS CAUSE came before the Court upon Defendants' Motions to Dismiss (ECF Nos. 6, 9). The Motions1 are fully briefed and the matter is ripe for review.

I. BACKGROUND2

Plaintiff AHE Realty Assoc., LLC ("Plaintiff" or "AHE") is the owner of commercial property at 9999 NE Second Avenue, located within the Village of Miami Shores ("Village"). Complaint (ECF No. 1-1), ¶ 7. The property is a three story, mixed-use office rental building (the "Building") known as the Shoreview Center. Id. The tenants include professional offices, medical offices, and restaurants. Id.

Central to this dispute is one of the Building's side doorways. The side doorways are egress only doors-doors that open only for persons exiting the building. Id. , ¶ 9. On or about October 12, 2017, the Building's first floor north side egress only door system (the "North Egress Door") was vandalized and/or damaged by an ambulatory patient delivery driver during the transportation of a patient to Fresenius Dialysis, one of the Building's tenants. Id. , ¶ 10. As a result of this incident, the North Egress Door became susceptible to occasional minor jamming due to the damaged lock. Id. , ¶¶ 10-11.

On or about October 13, 2017, Ismael Naranjo, as the Village's Building Official, inspected the North Egress Door and determined that the door had been intentionally locked by AHE. Id. , ¶ 12. That afternoon, Naranjo met with AHE's property manager Julio Martinez and informed him that the allegedly locked North Egress Door violated certain codes and ordinances, which Naranjo did not specify. Id. , ¶ 13. Naranjo instructed AHE to unlock the North Egress Door and replace the entire door system so that it could operate as both an ingress and egress door. Id. , ¶ 13. Martinez denied that the North Egress Door was locked and informed Naranjo: (1) that it may appear locked due to occasional partial jamming due to the damaged lock, (2) that AHE had already taken affirmative steps to address the issue by ordering custom replacement door framing and hardware, and (3) that AHE objected to the instructions to convert the North Egress Door system into both an ingress and egress system. Id. , ¶ 14. Naranjo then informed Martinez that once AHE put into place the proposed system it would be compliant and also instructed AHE to unlock the door and file a police report. Id. , ¶ 15. Martinez then unjammed the North Egress door, rendering it fully functional as an egress only door. Id. , ¶ 16.

*1329Following the October 13, 2017 meeting, AHE was not served with a formal notice of violation. Id. , ¶ 17.

On October 24, 2017, Naranjo emailed Martinez stating:

The condition of the egress door at 9999 NE 2nd Avenue creates hazards with respect to means of egress and fire protection as provided under the Florida Building Code and Miami Dade County Code for the particular Occupancy. You are hereby order [sic ] to maintain the egress door open at all time [sic ]. The door should be operable from both sides without the use of a key, tool and or special knowledge. Failure to comply with this order immediately will result in an unsafe structure and the building will be order [sic ] to be vacated immediately.

Id. , ¶ 18.

On October 27, 2017, Naranjo sent AHE's counsel an email which states:

Good afternoon Mr. Alderman,
No, I was not aware that you represent Julio [Martinez] and AHE's. Over the past two weeks we have met with Julio several times regarding the issue with the unsafe condition related to the egress door on the Northside of the building. We have tried every way possible to work with your client. Julio has failed to find a permanent solution to correct the problem. This is a life safety issue and thereby must be corrected immediately.
I know the impact that an unsafe building will have on all the tenants on the building, believe me it is the last thing I want to do, however we need to protect the safety of everyone that works and visits this building. Julio must take immediate action to be complied [sic ]. The reason that I told Julio (on my email from October 24, 2017) to maintain the door operable from both sides is because that is the only way that the existing door will not have a problem.
Egress doors, should be complied [sic ] with the requirements of section 108 of the 2014 Florida Building Code, Building.
Thank you.
Ismael Naranjo, BO, CFM
Building Director

Id. (Ex. B). On October 30, 2017, Naranjo posted an "unsafe building" orange notice (the "Unsafe Building Notice") declaring the Building unsafe within the meaning of Section 8-5 of the Miami-Dade County Code ("MDC Code"). Id. , ¶ 26. Naranjo also sent a letter to AHE's bank stating that the Building was unsafe and in violation of MDC Code. Id. , ¶ 33. That same day, Martinez met with Tom Benton, the Village's City Manager, who informed AHE that the Village rescinded its demand that the side entrance doors be replaced with ingress and egress door systems, as opposed to egress only doors. Id. , ¶ 28. The City Manager also informed AHE that it could temporarily cure the unsafe building declaration by utilizing a wood stopper to prop the door open and prevent it from jamming until the replacement egress only door system was installed. Id. Later that day, Martinez inserted a small piece of cardboard into the locking mechanism, thereby temporarily converting the door from egress only to both an ingress and egress door. Id. AHE notified Mr. Benton of its compliance. Id.

On the morning of October 31, 2017, because the Unsafe Building Notice remained posted on the Building, Martinez notified Naranjo that the Building would be evacuated pursuant to the orders set forth in the Unsafe Building Notice and *1330the letter to the bank.3 Id. , ¶ 31. Naranjo emailed Martinez and his counsel informing them that following the inspection that day, the Unsafe Building Notice had been removed. Id. , ¶ 32, Ex. D. Counsel for AHE and Martinez responded seeking clarification, to which Naranjo replied:

When I say that the unsafe building notice has been removed, I meant that the requirement for correction noted on the unsafe building notice has been cured, the notice was rescinded. The actions taken to correct the violation satisfy the requirements for the means of egress. Attached please find a copy of the unsafe notice I emailed you yesterday, the notice reflects the case number as UB-10-17-2462.

Id. , Ex. D.

On November 3, 2017, AHE demanded a due process hearing. Id. , ¶ 41. On November 9, 2017, the Village's attorney sent AHE a letter stating that the Village "notified the Board Administration Section of the County's Department that deals with the County's Unsafe Structures Board."

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
320 F. Supp. 3d 1322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahe-realty-assoc-llc-v-miami-dade-cnty-flsd-2018.