Professional Documents
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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 Companys 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 caf, 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 citys
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 Companys 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
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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 Porkys
nightclub close to the Miami airport. Fainberg was arrested during an investigation of the
Russian mobs 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 Companys 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
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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 citys 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
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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.
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