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Home My WebLink AboutReso 2022-3382RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPOINTING HOFIT N. LOTTENBERG AND STEVEN H. ROTHSTEIN AS SPECIAL MAGISTRATES, IN ACCORDANCE WITH SECTION 14-3 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Rafael E. Suarez -Rivas has tendered his resignation as Special Magistrate forthe City of Sunny Isles Beach ("City"); and WHEREAS, Section 14-3 of the City's Code of Ordinances provides the City Manager with the authority to appoint Special Magistrates, subject to the ratification of the City Commission; and WHEREAS, Section 14-3 (B) of the City's Code provides that appointments shall be made for a term of one year, and appointments to fill any vacancy shall be for the remainder of the unexpired term; and WHEREAS, the City Manager has appointed Hofit N. Lottenberg and Steven H. Rothstein to serve the City as Special Magistrates; and WHEREAS, Hofit N. Lottenberg has an extensive background in real estate law, and currently serves as a Special Magistrate for the City of Cooper City, Florida; and WHEREAS, Steven H. Rothstein has an extensive background in municipal law, and currently serves as a Special Magistrate for the City of North Miami Beach, Florida; and WHEREAS, the City Commission wishes to ratify the appointments of Hofit N. Lottenberg and Steven H. Rothstein to preside as Special Magistrates over Code Enforcement Hearings forthe City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of Appointments of Special Magistrates. The City Commission hereby ratifies the City Manager's appointments of Hofit N. Lottenberg and Steven H. Rothstein as Special Magistrates, in accordance with Section 14-3 of the City's Code. Section 2. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 28th day of July 2022. Dana obin Goldman, Mayor @BCL@4C0D1B73.doc Page 1 of 2 ATTEST: APPROVED AS TO FORM r.w LEGAL NCY: Mauricio Bet ncur, CMC, City Clerk `,J --Edward A. Dion, City Attorney ��_-- Moved by: t Seconded by: Z44 Vote: / Mayor Goldman +/ (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph(Yes) (No) Commissioner Lama Y74 es) (No) Commissioner Stuyvesant es) (No) @BCL@4C0D1B73.doc Page 2 of 2 c, T era Y PF SUIA City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Mauricio Betancur, CMC, City Clerk DATE: July 28, 2022 RE: Appointment of Special Magistrates RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Special Magistrates are the presiding officers at our Code Enforcement Hearings. These hearing! provide a means by which individuals cited for code violations can plead their case and be heard before an impartial party. Section 14-3 of the City's Code provides the City Manager with the authority to appoint Special Magistrates, as needed, subject to the ratification by the City Commission. Special Magistrates are appointed in the basis of experiences, skills, and abilities, and whenever possible, shall include persons with legal, zoning, engineering, and/or construction experience. ADDITIONAL INFORMATION: Rafael E. Suarez -Rivas, the City's current Special Magistrate, tendered his resignation effective Augus 22, 2022. ATTACHMENTS: Resolution Hofit N. Lottenberg Resume Steven H. Rothstein Resume Item Number: 4.6 Hofit N. Lottenberg, Esq. 12555 Orange Drive, Suite 251, Davie, FL 33330 (954) 861-7673 Hofit@LottenberaLaw.com The Florida Bar, 2008 United States District Court for the Southern District of Florida, 2009 EDUCATION Juris Doctor, St. Thomas University School of Law, Miami Gardens, Florida May 2008 Honors: Dean's List (Fall 2007, Spring 2008) Activities: Jewish Law Student Association (Board Member, 2007 - 2008) Bachelor of Science, Political Science, University of Florida, Gainesville, Florida December 2004 Activities: Jewish Student Organization (Vice -President, 2003 - 2004) Lottenberg Law, P.A., Davie, Florida Owner (November 2019 — Present) • Managing and operating the law firm and providing a variety of legal services, including, but not limited to: o Serve as a Title Agent in residential real estate transactions o Draft and revise corporate contracts, including Membership Purchase Agreements, Operating Agreements, and Employment Agreements o Review community association governing documents to propose drafted amendments to same o Represent clients in code enforcement and permitting disputes o Serve as general counsel and provide legal advice for a variety of small business owners and community associations o Conduct research and draft court documents in representing clients in litigation o Represent petitioners in arbitration proceedings with the Division of Florida Land Sales, 'Condominiums and Mobile Homes and appellants in appeals therefrom City of Cooper City, Cooper City, Florida Special Magistrate (April 2019 — Present) • Presiding over Code Enforcement Hearings for the City of Cooper City, and execute the powers of the Special Magistrate, including: o Hearing and deciding violations of the Code of Ordinances o Adopting rules for the conduct of hearings o Taking testimony under oath o Assessing and ordering the payment or reduction of civil penalties o Issuing orders having the force of law to command steps necessary to bring violation into compliance Frank, Weinberg, & Black, P.L., Plantation, Florida Associate (April 2012 — November 2019) • Full-service practice representing community associations, including: o Enforcement of governing documents, including collection of maintenance assessments and foreclosures of claims of lien o Drafted amendments to governing documents o Attended and participate in Board of Director meetings and Membership meetings o Litigated issues relating to priorities of liens and equitable subrogation claims o Reviewed title searches to determine encumbrances on properties o Advised clients regarding Tax Deed Sales and preparing claims on Tax Deed Surplus • Represented property owners in connection with: o The purchase and sale of investment properties o Negotiating the reduction of liens and fines o Prosecuting Quiet Title lawsuits o Eviction of tenants and security deposit litigation o Drafting and negotiating partnership agreements • Managed Community Association Department and had the following responsibilities: o Oversight of the staff responsible for all community association collections o Communicated with clients to advise of status of legal matters and addressed all client concerns o Convened meetings of the department to obtain employee input and provide for a more democratic process PROFESSIONAL AND COMMUNITY INVOLVEMENT City of Cooper City, Chair of the Business Advisory Board LANGUAGES Fluent in Hebrew Proficient in American Sign Language STEVEN H. ROTHSTEIN 19696 E. Country Club Drive Aventura, FL 33180-2555 (305)491-0965 e-mail: rothsteinlaw@aol.com EXPERIENCE: CITY OF MIAMI BEACH, FLORIDA First Assistant City Attorney June, 2006 — July, 2017 Deputy City Attorney July, 2017 - present Represented the City of Miami Beach, Florida in civil litigation involving construction deficiencies, foreclosures, garnishments, collections, bankruptcies and forfeitures as well as in appellate proceedings. Presented and assisted the Building, Fire, Parking and Code Compliance Departments in cases before the Special Magistrate and appeared on behalf of the Building Department before the Unsafe Structures Board and Board of Rules and Appeals. Reviewed contracts for multiple City departments. Served as legal advisor to the Finance Department, Building Department, Fire Department, Code Compliance, Public Works and the Capital Improvements Office. SMITH & SUPRASKI, P.A. Associate June, 1997 — June, 2006 Represented developers, corporations, financial institutions and individuals in commercial transactions, real estate transactions and civil litigation. Responsible for all phases of litigation, including pre-trial, trial and appellate practice and procedure and post judgment collections. ROBERT A. ROMAGNA, P.A. Associate September, 1989 —June, 1997 Represented Plaintiffs in personal injury claims. Responsible for pre -suit negotiations, trial work and appellate proceedings. FRESHMAN. FRESHMAN & TRAITZ, P.A. Associate December, 1987 —September, 1989 Represented various financial institutions in civil litigation in connection with mortgage deficiencies, installment contract disputes, overdrafts and banking fraud. SPECIAL MAGISTRATE: CITY OF NORTH MIAMI BEACH: July, 2015 - present Presided over building and code enforcement hearings for non -homestead properties. BAR ADMISSION: Florida State — December 14, 1987 Federal Bar — Southern District of Florida — spring, 1998 EDUCATION: UNIVERSITY OF MIAM SCHOOL OF LAW CORAL GABLES Juris Doctorate May, 1989 Honors: Dean's List fall, 1985 STATE UNIVERSITY OF NEW YORK UNIVERSITY AT ALBANY Bachelor of Science, cum laude, May, 1984 Major: Accounting Minor: Spanish Activities: Delta Sigma Pi, business fraternity — Treasurer REFERENCES: Available upon request.