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LTC 247-2025 City Obtains Injunction in Lawsuit Against Illegal Party House City of Miami Beach v Mega Miami Beach LLC and Edmund Irvine Case No 2025 11250 CA 21MIAMI BEACH OFFICE OF THE CITY A HORNEY L TC No. 247- 2025 LETTER TO COMMISSION TO: Mayor Steven Meiner and Members of the City Commission FROM: /1"?)'\Ricardo J. Dopico, City Attorney � DATE: June 17, 2025 SUBJECT: City Obtains Injunction in Lawsuit Against Illegal "Party House" City of Miami Beach v. Mega Miami Beach, LLC and Edmund Irvine Case No. 2025-11250 CA 21 This letter is to advise you of the City's Complaint to Abate Nuisance and for Temporary and Permanent Injunction, a lawsuit filed by the City Attorney's Office in Miami-Dade County Circuit Court on Friday, June 13, 2025, against former Formula One racing driver Eddie Irvine and his wholly owned corporation, Mega Miami Beach, LLC, as the owners of nuisance properties at 24 S.Hibiscus Drive and 14 San Marino Drive.1 The Complaint alleged that the two properties had been repeatedly rented or offered to rent for short-term rental use and/or commercial use as illegal "party houses", in violation of the City Code and the City's Resiliency Code. For example, since 2023, the property located at 24 S Hibiscus Drive had been cited with at least nineteen (19) violations of the City Code based on activities at the property and had incurred substantial fines. Moreover, since 2023, the property located at 14 San Marino Drive had been cited with at least seven (7) violations of the City Code based on activities at the property. Despite the numerous violations issued by the City and the substantial fines imposed, it had not been an adequate deterrent to stop the violations. Most recently, six violations were heard before the Special Magistrate and $88,000 in fines were assessed. However, that large fine was still less than the $100,000 in illegal fees earned by the property owner, making the fines a mere cost of doing business. As a result, and at the request of the PHS Islands Association, the City filed its lawsuit to enjoin the illegal use of the properties. Each of the defendants immediately settled the lawsuit and agreed to entry of a Consent Decree that protects the City from any further nuisance conduct and provides for the payment of $88,000 in fines. A copy of the lawsuit and the court's order, signed today, are attached here. This matter was handled entirely in-house by Chief Deputy City attorney Rob Rosenwald and Deputy City Attorney Steve Rothstein, with members of the City's Code Compliance Department. RJD/sp Attachment 1 On February 1, 2023, the Mayor and City Commission adopted Resolution No. 2023-32475, sponsored by Commissioner Alex Fernandez, endorsing the efforts of the City Attorney's Office and Administration to take proactive steps to file lawsuits, wherever appropriate, to enforce the City's ordinances, including its short-term rental and noise regulations, to protect residents from repeat offenders who create nuisances. Filing # 225217770 E-Filed 06/13/2025 02:35:59 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2025-011250-CA-01 SECTION: CA21 JUDGE: Jason E. Dimitris CITY OF MIAMI BEACH Plaintiff(s) vs. MEGA MIAMI BEACH, LLC et al Defendant(s) ____________________________/ FINAL ORDER AND CASE CLOSURE CONSENT DECREE THIS CONSENT DECREE resolves the above-captioned civil action (the "Lawsuit") brought by the Plaintiff, the City of Miami Beach, Florida (the "City"), against the Defendants, MEGA MIAMI BEACH LLC and EDMUND IRVINE ("Defendants"), (together with the City, the "Parties"), under Sections 823.05 and 60.05 of the Florida Statutes, Section 46-160 of the City of Miami Beach, Florida's Code of Ordinances ("City Code"), and Sections 7.2.2.2(d) & 7.5.4.13(d)(E)1 of the City's Resiliency Code. This Consent Decree further resolves any and all outstanding City fines due and owing by, and liens against, the Defendants and upon the subject properties, 24 Hibiscus Ave and 14 San Marino. Factual Background 1. On June 13, 2025, the City filed its Verified Complaint to Abate Nuisance and for Temporary and Permanent Injunction ("Complaint") seeking to enjoin the Defendants, from maintaining a public nuisance on the properties located at 24 S Hibiscus & 14 San Marino, Miami Beach, Florida (the "Subject Properties"). The following facts are established by the verified statements in the Complaint, the Motion and the accompanying exhibits, and the supplemental evidence. 2. Defendant MEGA MIAMI BEACH LLC is the record title owner of the Subject Properties. The property located at 24 S Hibiscus, acquired in April 2021 for $10.5 million, is currently estimated to be worth $15 million. The 14 San Marino property holds an estimated market value of $12.6 million. 3. At times material to this Lawsuit, Defendants have advertised the Subject Properties for short-term rental use and/or commercial use, in violation of the City Code and the City's Resiliency Code. Page 1 of 5Case No: 2025-011250-CA-01 Filing # 225392261 E-Filed 06/17/2025 08:29:24 AM 4. The Subject Properties are located in single-family residential neighborhoods, zoned RS-3. Residents of these neighborhoods are entitled to the quality of-life protections afforded under the City's laws. 5. Despite the single-family residential character of the neighborhoods, the Subject Properties are frequently being used as "party houses," causing reoccurring disturbances to neighbors. Defendants have not taken any material action to cease these disruptive parties. 6. The Subject Properties have been repeatedly rented or offered to rent for short-term rental use and/or commercial use, in violation of the City Code and the City's Resiliency Code. 7. Since 2023, the property located at 24 S Hibiscus has been cited with at least nineteen (19) violations of the City Code and/or City's Resiliency Code based on activities at the property and have incurred substantial fines in connection with many of these violations. Moreover, since 2023, the property located at 14 San Marino has been cited with at least seven (7) violations of the City Code and/or City's Resiliency Code based on activities at the property. 8. Furthermore, the Subject Properties continue to face a range of issues, including unlawful short-term rentals, improper commercial use and repeated noise violations. 9. Despite the numerous violations issued by the City and the substantial fines imposed by Code Enforcement and the Special Magistrate, it has not been an adequate deterrent to stop violations of the City Code and/or City's Resiliency Code. 10. A breakdown of the recent history of violations at the Subject Properties, with reference to specific violation numbers, is detailed in the Complaint and the Motion and is incorporated by reference as if set forth fully herein. 11. Six violations remain outstanding and are currently set for hearing before the Miami Beach Special Master on Thursday, June 5, 2025, at 2:30 PM for conduct occurring at the subject properties (SMC2024-03163/ZV2024-05421; SMC2024- 03171/ZV2024-05515; SMC2025-03221 /ZV2024-05592; SMC2025-03226/ZV2024-05610; SMC2025-03291 /ZV2024- 05516); and SMC2025-03437 /ZV2025-05944). Defendants agree to enter an irrevocable guilty plea and waive all rights to appeal in the cases against them and entities they control (SMC2024- 03163/ZV2024-05421; SMC2024-03171 /ZV2024-05515; SMC2025-03221 /ZV2024-05592; SMC2025-03226/ZV2024-05610; and SMC2025-03437 /ZV2025-05944) and to pay the outstanding fines for all violations against any party (including Jatina Group, LLC) (SMC2025- 03291/ZV2024-05516) in order to clear title to the properties, in a total amount of $88,000.00. 12. The parties agree that the City has met all conditions precedent to maintaining this action and invoking the jurisdiction of this Court. Defendants expressly waive any and all defenses to the action, including, without any limitation, that the City has not met all conditions precedent to maintaining this action and invoking the jurisdiction of this Court. 13. The Parties agree that it is in their best interest, and the City believes that it is in the public interest, to resolve this Lawsuit on mutually agreeable terms. Accordingly, the Parties agree to the entry of this Consent Decree without trial or further adjudication of any issues of fact or law raised in the City’s Complaint in this Lawsuit. Page 2 of 5Case No: 2025-011250-CA-01 14. Defendants expressly acknowledge that they have been represented by competent counsel in this case and enter into this Consent Decree knowingly and voluntarily, after consulting their attorney. 15. Defendants expressly agree to abide by the terms of this Consent Decree, and not to violate any of its terms, at any property that they own, purchase, or obtain/hold a controlling interest in, which are located in the City. ________________________ ¹ The regulations prohibiting commercial use and short-term rentals of single-family homes, previously found in Sections 142-109 and 142-905 of the City of Miami Beach's Code of Ordinances ("City Code"), are now located within the City's Resiliency Code. Injunctive Relief Based on the foregoing, the Parties stipulate, and the Court hereby ORDERS AND ADJUDGES, as follows: 1. Defendants are ENJOINED and shall IMMEDIATELY CEASE AND DESIST the conduct, operation or maintenance of the Subject Properties whereby any person on the Properties would make, continue or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise in violation of City Code Section 46-152, including but not limited to unreasonably loud amplified music (whether or not associated with a party). 2. Defendants are ENJOINED and shall IMMEDIATELY CEASE AND DESIST the conduct, operation or maintenance of the Subject Properties whereby any person would use the Subject Properties for commercial purposes in violation of Resiliency Code Section 7.2.2.2(d), including but not limited to advertising or selling tickets for admission to any commercial parties, events, assemblies, or gatherings on the Subject Properties. 3. Defendants, by and through any and all agents, are ENJOINED and shall IMMEDIATELY CEASE AND DESIST the use or advertising for use of the Subject Properties as short-term rentals in violation of Resiliency Code Section 7.5.4.13(d)(E). 4. Defendants SHALL REMOVE OR CAUSE TO BE REMOVED, from any and all webpages, media, or published materials over which he or anyone acting at his direction (e.g., agents) has control, any postings for the Subject Properties for rental of the Subject Properties for any period of less than six months and one day. 5. Defendants will vet, in a manner to be approved by the City, prospective tenants for the Subject Properties to confirm that such tenants do not intend to use or advertise for use the Subject Properties for short-term rental use and/or commercial use, or to hold or permit to occur other nuisance events. 6. Defendants shall pay the total outstanding fines for the subject properties in the total amount of $88,000.00 within ten (10) days of entry of this Consent Decree. 7. Defendants SHALL accept service of any documents from the City of Miami Beach via email Page 3 of 5Case No: 2025-011250-CA-01 to Taylor Palmer at taylor@pretanione.com and to Rodolfo Nunez at rudy@rnpalaw.com in lieu of personal service, for a period of three years from entry of this Consent Decree. 8. The City may file a motion to enforce this Consent Decree if it believes that the Consent Decree, or any requirement thereof, has been violated, provided that it first gives notice of such a violation to the Defendants. The Defendants must respond to such notice as soon as practicable but no later than 14 calendar days thereafter. Unless otherwise specified in this Decree, the Defendants shall produce any requested documents or make them available for inspection or copying within 30 days of a written request by the City. The Parties shall attempt in good faith to resolve any dispute relating thereto; if the Parties are unable to reach a mutually acceptable resolution, the City may seek court enforcement of compliance with this Consent Decree. Nothing in this procedure shall prevent the City or any Defendants from promptly bringing an issue before the Court when, in the moving Party's view, the facts and circumstances require immediate court attention. 9. Within 45 days after entry of the Consent Decree, if Defendant has met all terms and obligations outlined herein, the City will dismiss the Lawsuit with prejudice, with the Court retaining jurisdiction to enforce the terms of this Consent Decree. The City hereby waives and releases the Defendants from any claims that were or could have been brought in the Lawsuit or that otherwise accrued prior to the entry of this Consent Decree. Nothing in this Consent Decree limits or restricts future Code enforcement efforts by the City in relation to the Subject Properties or the Defendants. 10.The City shall cause a certified copy of this Consent Decree to be recorded in the public records of Miami-Dade County, which shall constitute notice to and be binding upon any subsequent purchasers, lessees, successors in interest, or assigns of the Defendants or the Subject Properties. 11. Each of the Parties to this Consent Decree will bear its own costs and attorney's fees associated with this Lawsuit and Consent Decree. The signatories represent that they have the authority to bind the respective Parties identified below to the terms of this Consent Decree. Dated June 11, 2025. /s/Taylor PalmerMEGA MIAMI BEACH LLC Print Name: Taylor Palmer /s/Edmund Irvine FOR EDMUND IRVINE Print Name: Edmund Irvine /s/Robert F. Rosenwald Jr. FOR THE CITY OF MIAMI BEACH Print Name: Robert Rosenwald Title: Chief Deputy City Attorney Page 4 of 5Case No: 2025-011250-CA-01 DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 17th day of June, 2025. 2025-011250-CA-01 06-17-2025 8:28 AM 2025-011250-CA-01 06-17-2025 8:28 AM Hon. Jason E. Dimitris CIRCUIT COURT JUDGE Electronically Signed Final Order as to All Parties UCR #: CA013 (Disposed by Other) THE COURT DISMISSES THIS CASE AGAINST ANY PARTY NOT LISTED IN THIS FINAL ORDER OR PREVIOUS ORDER(S). THIS CASE IS CLOSED AS TO ALL PARTIES. Electronically Served: Robert F. Rosenwald Jr.: robertrosenwald@miamibeachfl.gov• Robert F. Rosenwald Jr.: sandraperez@miamibeachfl.gov• Robert F. Rosenwald Jr.: robertrosenwald@aim.com• Rodolfo Nunez: rudy@rnpalaw.com• Judicial Assistant: HNguyen@jud11.flcourts.org• Page 5 of 5Case No: 2025-011250-CA-01