Past Due Process in Miami Beach

Published on May 2016 | Categories: Types, Creative Writing | Downloads: 32 | Comments: 0 | Views: 395
of 8
Download PDF   Embed   Report

Are real estate magnate Scott Robins and other good old homeboys above the law?

Comments

Content

THE MIAMI MIRROR – TRUE REFLECTIONS

PAST DUE PROCESS IN MIAMI BEACH
Is real estate magnate Scott Robins above the law?
18 November 2014
File by David Arthur Walters
THE MIAMI MIRROR
Selective enforcement has long been the chief complaint against the city agency responsible for
enforcing local ordinances, and Code Compliance Department officials have long denied that
there is any such thing.

Page 1 of 8

THE MIAMI MIRROR – TRUE REFLECTIONS
In 2010 I investigated allegations that code officers were favoring certain violators in South
Beach, and discriminating against Muslim and Middle Eastern business owners along
Washington Avenue. I found no direct evidence of religious or ethnic discrimination. It did
appear that enforcement was selective to the extent that random selection, and enforcement,
only if someone complained, could be called methods of selection.
In September 2014 I revisited the issue when I was told under conditions of anonymity that
code compliance officers were constantly hassling shops about their signs while ignoring the
ugly unpermitted real estate advertisement signs of Scott Robins, a personal friend and
business partner of the city’s mayor, Philip Levine, posted at 749, 743, and 739 Washington
Avenue.

749, 743, 739 Washington Avenue – four of the garish signs exceed height limitation permitted by code

I was informed by Code Compliance Administrator George Castell on Sept. 29 that one of his
officers had issued a citation for Scott Robins Company’s signs at 749 Washington, advertising
the availability for lease of the bay previously rented to Hoagies sandwich shop, the owners of
which had lost at least $250,000. Scott Robins, via a corporate shield called 8th Street
Washington Partners Inc, also indirectly owns the building where the space is located. The lease
will include the kitchen equipment seized, as is the practice, as was done next door at 751
Washington Avenue, formerly occupied by the failed Crazee Olive falafel café, yet another
casualty of exorbitant rents on the seedy avenue. Mr. Castell advised that notice of violation
CE14014006 was hand delivered the property owner of 749 Washington, and that “they” had
until Oct. 7 to comply. After that compliance date, I followed up with no answer until Nov. 17,
when Mr. Castell informed me that the compliance officer who issued the citation told him the
matter would be referred to the Special Master facility, a quasi-judicial arm of the city’s
administration from which appeals can be made to a real court. Mr. Castell has not responded
by deadline to my question as to when we will know when that happens.
The compliance officer also issued a notice of violation, numbered CE14014006, for the Scott
Robins Company’s sign advertising 743 Washington Avenue. It has been my longstanding
theory, which I dubbed the Signage Scofflaw Theory that it is likely that people who violate the
Page 2 of 8

THE MIAMI MIRROR – TRUE REFLECTIONS
city’s superficial ordinances also violating more serious ordinances, a theory based on the
Broken Windows Theory that neglected misdemeanors in an area are a magnet for felonious
behavior. Indeed, a joint operation between local and federal authorities shut down a B-girl
shakedown racket operated by organized crime at various private clubs in the 700 through 800
blocks of Washington Avenue.
I discovered that 743 Washington, also indirectly owned by Scott Robins, advertised for short
term rentals as a 5 AM club, indirectly owned and directly managed by Scott Robins, if the
records be reliable, had rented out the space during the Black Week celebration over the
Memorial Day holiday to an operator called No Crowd Control LLC, managed by one Floyd
Bostic. A check with the state licensing authority revealed that neither Mr. Robins’ club nor Mr.
Bostic or his limited liability front had a liquor license.
A check of local code compliance violations disclosed that a noise complaint was received on
May 25 to which an officer responded and wrote violation CE14009435, not for the noise, but
for other violations: failure to obtain a business tax license; failure to obtain a special event
permit; selling alcoholic beverages without a license. All of the complaints were against No
Crowd Control, apparently none against Scott Robins, SRC, or his property-owning corporation.
Code Compliance did not respond to my question as to why no arrests were made on the liquor
violation.
The public face of the city’s poorly managed government software system, provided by Accela
Inc., does not disclose what happened to the business tax license violation other than it was
“Closed” in July. Violation CE14009437, with a $1,000 fine for failure to obtain a special event,
permit was appealed and forwarded to the Special Master for consideration. Mr. Bostic
obtained two continuances, and the matter may be heard in December. I thought perhaps the
club was represented by Scott Robins’ agents as having a liquor license, so perhaps that was the
reason for the appeal. Mr. Bostic did not respond to my request for his reasons for appealing.
My guess is that the fine will be radically reduced or dismissed by the Special Master in
accordance with the “new direction” the city manager said he was taking with the dismissal of
the former special masters, one of whom, Babak Movahedi, was insisting on “applying the law”
in a way not appreciated by the administration. Mr. Movahedi moved to Barcelona to teach
international law.
A reliable source under condition of anonymity said that the police and fire and code
compliance departments were at the scene of the nightclub violation, as was Mr. Robins’ friend
and partner, Mayor Philip Levine, who did not intervene on behalf of Mr. Robins, and that Code
Compliance officers led the investigation resulting in the citations. A woman in charge of the
event said she had a portable liquor license, that she would call her liquor lawyer, and that she
believed the citations were racially motivated.
Page 3 of 8

THE MIAMI MIRROR – TRUE REFLECTIONS
At 10:46 PM on Saturday night, Oct. 25, a reliable witness under condition of anonymity
informed me that the 743 Washington Avenue club was operating full swing again with two
bouncers at the door. Code Compliance did not respond to my query asking if the event had
been permitted. I had noticed that the sign advertising the club had been taken down shortly
before that event and re-erected the day after it occurred.

Unpermitted Scott Robins sign removed then re-erected after Oct 25 event

The 739 Washington Avenue space advertised by Scott Robins Company is also a club space,
doing business as the Prelude Club. Neither the club nor the building itself is indirectly owned
by Mr. Robins unless he has an interest undisclosed by the public record for the property
owner, C J St. Croix LLC, managed by 739 Washington LLC, which holds 4COP (hard liquor with
entertainment) liquor license BEV2301998. Ed and Joan Polsky of Boca Raton are involved in
the management of both entities. Louis J. Terminello, Esq., an expert liquor lawyer known back
in 1997 for his representation of reputed mobster Ludwig “Tarzan” Fainberg, owner of Porky’s
nightclub close to the Miami airport. Fainberg was arrested during an investigation of the
Russian mob’s involvement in the arms and Columbian drug businesses. Mr. Terminello said
Mr. Fainberg had a big mouth, but prosecutors had no evidence on him.
I queried Mr. Castell what was taking so long to process the Sept. 26 notice of violation CE
14013895 for Scott Robins Company’s rental advertisement for the Prelude Club, noting that
merchants in the area who have had their signs questioned are deeply offended by the leniency
towards Scott Robins although they have not formally complained for fear of retaliation. Code
Compliance informed me that what I had called “leniency” was actually “due process.” The file
had been marked “xxxxxxx,” Mr. Castell said, to indicate that the owner was out of town so
service of process would take some time. He did not respond to my question why the file had
not been marked with a so-called WAITCERT, meaning that formal due process notification had
Page 4 of 8

THE MIAMI MIRROR – TRUE REFLECTIONS
proceeded by registered mail, and the city was waiting for the return receipt. The sign violation
has not been remedied as of Nov. 18, as is the case with the other Scott Robins Company signs.
Violation follow ups have allegedly been hindered by the Permit Manager software provided by
Accela Inc. The computer is often blamed for allegedly millions of dollars of lost fees and other
issues including allegations of criminal corruption, for which the city has had such a long
reputation that some of its departments are called racketeering organizations. There has been
considerable rhetoric over the past few years about upgrades, expected to occur any day now.
Accela has refused to respond to the question as to whether its customer, the city, or its
software, or both are to blame for anomalies that a rudimentary off-the-shelf, underlying
database system would cure. Therefore, given Accela’s silence, other cities using the software
will be contacted for their experience with the software.
Whether or not Scott Robins is favored by city officials due to his political clout is an open
question on which the reader may further investigate and draw his own conclusions. Prior to
taking up the signage issue on Washington Avenue, I reported on complaints from Antonio
Halabi, the owner of the Flame Grille at 447 Espanola Way, to the effect that he had been
harassed by code officers and sued in March 2014 by his landlord, Scott Robins, who controls a
large parcel of property along the short, popular tourist lane, after Mr. Halabi complained to
high city officials that code officers were inadequately enforcing code restrictions against other
restaurants as to the number of seats allowed on their sidewalk cafes, giving them the
advantage over anyone who abided by the law.
I contacted Mayor Levine by email, and asked him to help resolve the troubling situation in an
amicable manner, but he did not respond. Mr. Halabi, citing pending litigation over the
retaliatory suit and possible litigation against the city, has declined further comment.
Scott Robins, who was a licensed general contractor as well as a partner in the family real
estate business, took control of considerable South Beach real estate when he broke up with
his stepbrother, Craig Robins, near the turn of the century. Craig, an inveterate patron of the
arts, focused on Miami developments, particularly in the Design District. Craig had gained a
reputation of as a preservationist developer for brokering a compromise between developers
and preservationist for the commercial rehabilitation of dilapidated structures in South Beach
in the 80s and 90s. The brothers’ future was established by their father, Gerald Robins, who
moved to Miami Beach in the 50s and took up residence on Star Island after making a fortune in
New York real estate. Chris Blackwell, who sold Island Records for around $300 million, teamed
up with the Robins family, investing heavily in South Beach hotels, forming a hotel management
company in the process. The brothers also acquired a great deal of political capital, Scott
asserting himself most strongly in the Miami Beach political arena.

Page 5 of 8

THE MIAMI MIRROR – TRUE REFLECTIONS
Scott recently partnered with the city and Philip Levine to build the new shopping
center/garage complex at Sunset Harbour. Scott reportedly declared to Miami Magazine
reporter Christina Lawrence in 2012 that Levine was his “partner in everything.” That would
include, among other things, the bailout of a distressed bank. Levine, with definite real estate
development plans differing from those of the now defeated regime, expended over $1 million
of his own money to purchase the mayor’s seat and a majority on the commission. His motive is
allegedly altruistic: the delivery of Customer Service to appreciative businesses and their
customers. He is hailed by the commission as a great leader. His approach is more or less
fascistic or right wing, although he is a personal friend of President Bill Clinton, who flew down
and endorsed him. His main henchman is City Manager Jimmy Morales, Esq., affable homeboy
and political insider with no city management experience. He is learning on the job, his political
skill enabling him to do the mayor’s bidding with the least resistance. The mayor’s businesslike
approach is praised by many people. The new regime is naturally taking credit for projects
initiated by the ousted regime while blaming the problems on it after replacing its grand plan
for a new convention center with its own grand plan. Unfortunately, the Mussolini-like public
relations approach of Mayor “King” Levine, who is a public relations expert, works to his
detriment because many advances made go unheralded for fear of disclosing the dark
underlayment of those advances.
The Sunset Harbour shopping center deal involved the disposition of land owned by Tremont
Towing and the fate of the city’s towing duopoly. Prominent developer Russell Galbut wound
up with Tremont, and towing fees were jacked up thanks to the sponsorship of Commissioner
Jonah Wolfson, whose wife received campaign donations from Tremont for her successful
judicial campaign. Ethical concerns were raised and dismissed by the county ethics commission
in regards to the possible role Commissioner Ed Tobin may have played. Quid pro quos are
nearly impossible to prove. The city commission has just waived the ethical injunction against
city commissioners taking city jobs within two years of employment as commissioners, so he
can apply for a job as police officer.
In other words, what we have here is a classical instance of several good old boys or old cronies
with whom the majority is quite happy despite the concerns of a relatively small, dissatisfied
minority, most of whom are afraid to complain for fear of retaliation. As Solomon the Preacher
noted so well, “Nothing under the Sun is new, neither is any man able to say: Behold, this is
new; for it hath already gone before, in the ages that were before us.”
During the course of my examination of Code Compliance records along Espanola Way, I
noticed that the transient apartments known as Espanola Way Suites, at 443 Espanola Way,
owned by Scott Robins’ company, had its application for a certificate of use, number
BCU1200221, denied on Dec. 12, 2011, despite state license TAP2329515 issued on Nov. 15,
Page 6 of 8

THE MIAMI MIRROR – TRUE REFLECTIONS
2011. On Sept. 26, 2014, the city’s finance department verified that the operation did not have
a certificate of use and business tax license as required by city ordinances. However, according
to online reviews from tourists, it had been operating since early 2012. Moreover, photographs
of the apartment interiors advertised online indicate that the ancient building has been
recently renovated, leaving a question of whether the renovations had been permitted by the
city’s building department. I inquired into the matter several times, until I was finally informed
that the business was cited on Nov. 14, 2014, for failure to have a certificate of use and
business tax license. I was unable to verify that online because the Permit Manager system was
down.

I attributed the delay in the notification to what I dubbed “past due process.” Of course
constitutional due process as interpreted by the U.S. Supreme Court places restrictions on the
behavior of the police power before someone is accused or charged with violating the law.
Strictly speaking, in the context of the code violations dealt with by the city’s code compliance
officers, formal process begins with service of process, meaning when the notice of violation is
served. Sometimes mere “courtesy notices” are given, which do not constitute formal service of
process. In my opinion, service of process is often tardy, for whatever reason.
My guess was that Mr. Robins had already been notified that service would be forthcoming,
and therefore had already proceeded with the paperwork to obtain the necessary certificate of
use and business tax license, which he would obtain speedily given his connections, at which
time the file would be marked “closed.” In that case, the notice given him would simply be a
“VIP invitation.” As for the unpaid taxes for nearly three years, the city has demonstrated that it
is reluctant to collect monies owed even where millions of dollars are at stake, allowing the
debt to go past the time provided under the statute of limitations. Wherefore Scott Robins
Page 7 of 8

THE MIAMI MIRROR – TRUE REFLECTIONS
would walk away without consequences for nearly three years of violations. If he deliberately
evaded state tax revenue law and federal income tax law, he might be liable for past due
amounts plus civil or criminal penalties.

The Sadigo Hotel

The Espanola Way Suites violation reminded me of a pending case brought in federal court
against the City of Miami Beach by Rod Eisenberg, owner of the recently reopened Sadigo Court
Apartment Hotel, near the convention center, 334 20th Street. Mr. Eisenberg insists that he did
his best to get the right kind of permits for his establishment, yet the city notified his long
standing client, the Art Basel Foundation, that he was illegally operating a hotel, and then he
was arrested and his guests thrown onto the street. Attorneys for the city and for Mr. Eisenberg
have not responded by deadline to my requests for the status of the criminal charges against
him and the status of his suit against the city.
The Eisenberg suit alleges that the city took the punitive action against him in retaliation for
exposing bidding corruption involving leasing of space in Old City Hall. He claimed that the
winning bidder had been receiving free rent at Old City Hall, and that an illicit brokerage
commission had been received by a city commissioner. A scandal broke as a result of media
coverage of his exposure. The city manager resigned and the city attorney was pushed out.
It is said by old-timers that there are two things for sure in Miami Beach: one is selective
enforcement, the other is retaliation.

##

Page 8 of 8

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close