Code Enforcement Board

like that. >> so after the pledge of allegiance just please continue to stand, okay? United states of america stand. Continue to stand to be sworn in. >> please stand. Continue to stand to be sworn in. Do you solemnly swear or affirm that the testimony you're about to give is the whole truth and nothing but the truth? Thank you. You MAY be seated. Do you solemnly swear or affirm that the testimony you translate from english to spanish and spanish to english? To the best of your ability. Thank you. Buenas tardes. Necesitas ayuda de interpreter espanol vamos a. Levantar mano derecha la verdad toda la verdad y nada mas la verdad. You'd have to talk to her. She's you're going to be here. Yes. Okay. Just one moment. Okay. Do you solemnly swear or affirm that you would translate from english to creole and creole to english to the best of your ability? Thank you. Uh, question uh oh. Go ahead. Sorry. For asking. Et avec anglais. [Laughter] On the other side? No. >> merci. Um. >> board attorney. Question question for you. Do we do we need to, um make a motion for the excused absence for the new board member that hasn't um board member gomez no. I mean as long as you have a quorum you're ready to go. Yeah I just know I know she's been on the the role since last meeting so just wonder if she MAY have reached out and asked for an excused absence or something. Yes yes yes she asked she reached out for that. She's here. Okay. >> so yeah, we're requesting an excused absence because there's just a particular issue that needs to be um checked on. Okay then it's not just a regular absence. Okay. Well yeah it should be yeah we're yeah on on her behalf we're requesting to be excused. She's newly appointed but given what her outside job is in terms of also some reporting requirements she needs to make sure with somebody else whether or not that might be a conflict. So before she takes the podium with you all she wants to make sure that she's in good stead which I think makes a lot of sense. >> got it. Okay. But they don't need to vote on that. I would just say an abundance of caution. We all know that it's excused. She hasn't you know she's already been appointed to the board. She just hasn't taken the podium yet. But you know. If it's not a big deal I just. If you want to in an abundance of caution you can I don't I don't think it's I mean otherwise she would just not be here if it were any other day so but if you if you want to vote it's just she's just not here okay. But that's my opinion. Okay. All right. We'll leave it alone. I'm just thinking out loud with it. That's all. >> I mean it's it's stated on the record so I think that was the whole point. Okay. >> all right. Roll call. Um. No. >> MR. Moshe malka. Present MR. Ulysses arias present. MR. Juan gelman. Present MR. Javier rodriguez present. MR. Keon williams present. We have a quorum. Ready for me to read. Okay. I would like to welcome you to this meeting of the city of miami code enforcement board. The code enforcement board is made up of seven regular members and two alternate members appointed by the city commission who volunteer their time and services. The board is authorized by florida law to hear and decide cases brought against those persons who have been cited for violations of various city ordinances but who have not corrected the alleged violations. Each case will be called based upon when the property owner or representative has checked in and and type of matter to be heard unless there are extenuating circumstances. The respondent whose property and or business is the alleged violator will be asked to plead guilty or not guilty. If the respondent pleads guilty, the board will give the respondent a date certain by which to correct the violation. If the violation is not corrected by that date, the board MAY impose a fine against the respondent or respondent's property of up to $250 per diem for a residential property and up to $1,000 per diem for a non residential property for a first time offender and up to $500 per diem for residential property and up to $5,000 per diem for a non residential property for a repeat offender if the respondent pleads not guilty, the city of miami through the assistant city attorney will present its case after the city presents its case, the respondent will be permitted to present to present its defense. Both the city and the respondent will have an opportunity to present evidence and to examine and cross-examine witnesses if the respondent is not present and the respondent's representative wishes to present the respondent's defense to the board, a signed and notarized power of attorney is required before the case will be heard. If there are any representatives present without a power of attorney please immediately obtain one or contact the respondent so they present their defense to the board. If you fail to do any of the above, the board will proceed to hear the case in absentia. The this hearing is conducted in an informal manner. There are no formal rules of evidence. However all discussion, presentation and questions are limited to matters related directly to the violation cited. After all of the evidence is presented, the board will determine by majority vote whether the respondent is guilty or not guilty. If the board finds the respondent guilty, the board will order the respondent to correct the violation by a certain date. If the violation is not corrected by that date, the board MAY impose a fine against the violator or owner of the property of up to $250 per diem for residential property and up to $1,000 per diem for nonresidential property for a first time offender and up to $500 per diem for residential property and up to $5,000 per diem for nonresidential property or commercial property for a repeat offender. The respondent MAY also be charged the cost of prosecution and up to $5000 or $15,000 for specified code violations as a one time fine for violations that are considered irreparable or irreversible in nature. If the violators responsibility to notify the city's code compliance department when the violation has been corrected if the violation is not corrected by the required date, a lien shall be imposed without further hearing. The lien imposed will be a lien against the property and against other real or personal property owned by the violator. If you have fines to pay, you need to email the city's finance department for a payoff total at finance@miamigov.Com. In the subject field of your email, write a liens dash or hyphen demetrios section to pay applicable fines online visit the following address https colon slash slash www.Miamigov.Com slash residents slash make hyphen a hyphen payment if you need to request an extension of time, you MAY do so online by visiting the following https. Www.Gov.Com/services backslash solve hyphen a hyphen problem backslash request hyphen a hyphen hearing hyphen n hyphen code hyphen enforcement backslash request hyphen hyphen hyphen extension hyphen of hyphen time hyphen hearing hyphen for hyphen code hyphen enforcement hyphen case. Lastly ,any orders entered by the board MAY be appealed to the 11th judicial circuit court of florida within 30 days. This concludes my opening remarks which are also captured on this evening's agenda available online through the city's legislative hub. Now the spanish and creole language interpreters will translate my opening remarks. Um yeah no it's cool. Okay so I just want to put on the record um MADAM Attorney, I just want to put on the record to at least to have us get it looked into about the live stream just to make sure if there's any complications with it. I know a board member has pointed. >> it out to our communications in the back is the meeting streaming? Can you come out and let us know please? Okay. >> all right. >> thank you. Anything else? Okay so give us a few. This is communications. The meeting is on channel 77. Okay great. Thank you. >> is it also live streaming on the website? Yes yes. It is.. >> all right. Thank you. We can get started. Extensions of time to be heard mitigations and then abstentions. Yeah. >> is that how we're doing. Are we doing no we're doing a second time mitigations then to be heard. I think we only have what four mitigations. Not too many. Too many. I think one's already going to be a reset so. >> all right so let's go ahead and knock those out. First case page 135 case number 00052753 property address 2130 southwest 19th terrace page 135 sorry. So so marco diaz. Sorry no no no sorry that's an extension of time. Okay. Um the first case is on page 144 sorry. 144 case number 00036810 property address 2946 southwest 34th avenue page 144 which is a mitigation. Thank you. Good evening sir. Good evening, members of the board, MR. CHAIRMAN. Thank you. >> state your name and address for the record. John giza address is 9960 southwest 40th street. I'm an attorney. I represent property owners. >> this is a duplex. It does not have homestead exemption. The lien ranty $755,000. The minimum is $10,000 or with a unanimous vote it can go as low as zero. >> I just want to make sure we're looking at the same thing. Page 144 right. Uh 2946 southwest 34th avenue. >> yeah, our book says uh 37394394 394,000. Yeah it's three. It's three instead of two. Yours is better than mine 394,000. Got it. >> so the amount because it's duplex is not. Doesn't affect the 15,000 but. So thank you for catching that. So the lowest we can go is 10,000. Correct 10,000 or by unanimous vote you can go as low as zero. Okay got it. Put on your case. If I can provide some background um MR. CHAIRMAN the owners of the property uh joel and kimberly svenson are parents of five children, three of which are disabled. They bought the house to fix it up so that their children could live there with them. Um, it took so long to resolve the situation because they were victimized by two different contractors and during this time period one of their children needed a kidney transplant three years on the donor list they were consumed by that medical bills. The good news is finally got the transplant. He's going to be fine, but it took a considerable amount of time to address the violations. They are in compliance and any any mitigation you can provide would be a real gift for them in their situation. >> are they residing there or are they going to reside there? They're going to reside there eventually once it gets fixed up. Well it's fixed up now. Well it still needs a little bit of with the for the disabled children it still needs a. Few okay so they're doing extra all right. Got it. And so currently. The property is vacant. At the moment yes. Okay it's not being rented. Not not at the moment okay. Any other questions. We have a motion. Um I would move to reduce it to 5000. I second that motion. Second any other any other questions readiness all those in favor say I I okay so reduce it down from 394,000 to 5000 okay. Thank you very much. You're more than welcome. [Laughter] I'm sorry this is going to be a long day. All right next case. Once it gets signed make sure to go back over to the clerk and she will give you a copy of the order. Ready? >> next case page 149 case number 00072857. Property address 7929 northeast first avenue page 149. This is a commercial property. The lien ran to $184,000. The minimum is 15,000. Good evening. Good evening. >> state your name and address for the record. My name is ali jim. Uh, I'm representing the company that owns the property investments. I'm the owner. Got it.. >> and I would like my wife to present the case because she's been dealing with it. And the property address is 7929 northeast first avenue. Gotcha. >> good evening. Good evening. My name is leslie belgium. Okay. >> uh, right now it's at 184,000 and so you're here requesting mitigation to lower that amount. Correct. >> can you give us some background? Um. >> we tried very hard to get it right. Um we visit the city countless times and um we were truly um. Uh, we we misunderstood a lot a lot of the right steps and um, we were actually in very close contact with the officer which she's here right now trying to help us out because she understands our position. So um, at this point we're just kindly asking for the minimum if possible. Uh ,this is a business, right? Correct. >> the violation was just for not having a tax receipt. Excuse me. Yes. The minimum is 15,000. The violation was for not having a btr. Yes. >> see you in btr. And and the lowest we can go down to is um 15 k. Yeah that's the lowest we can go because it's a commercial property. We accept that sir. I'll make the motion to reduce it to 15,002nd. Thank you. >> any unreadiness all those in favor. Aye thank you very much ma'am. Wait for your paper. Okay. >> thank you very much. >> you're more than welcome. Okay. Next case page 152. Case number 00033130. Property address 3174 southwest 25th street page 152. Is a single family home with homestead exemption. The lien ran to $87,500. The minimum is $5,000 or by unanimous vote it can go as low as zero. Good evening. Good evening. You state your name and address for the record. You state your name and address for the record. Rodriguez. >> okay. >> thank you. And you're here requesting mitigation. Can you give us some background? Yeah. >> I'm going to talk, um on behalf of her. Okay. I'm working with a contractor that they hired at the end because. >> ma'am your name. >> my name is norris cruz. And me and the owner. Ma'am, do you give her permission to speak on your behalf? Okay. Yeah. >> they hired a contractor at the beginning in 2023, you know, and they abandoned the project. They didn't finish the work because they got a lot of comments and they didn't resolve it. So they got a new contractor and we got to the end of the project. It took a lot of you know, new permit and new stuff on the end we finished and the next day we go to code compliance to finish to close the the violation and they say the property has a leak and they didn't know anything about it. Okay so understood. And this is your homestead right? You live there? Yeah. You have homestead exemption correct. Thank you. Can I get a motion for zero. Yeah I move to zero. Second. >> second. >> all those in favor? Aye. Thank you very much. Zero. Thank you. You're welcome. Wait for your wait for your [Laughter] Order. Wait here ma'am. Ma'am. >> ma'am. Wait for your order. Next case, page 156. Case number 00125027. Property address 1449 northwest 68th terrace page 156. This is a vacant lot. The lien ran to $115,000. The minimum is $7,500. The property owner still owes for the city's demolition that brought this property into compliance $12,532.70 and also has another property in the city where the city did the demolition that cost the city $44,831.48. None of which has been paid to the city at this time. So the city would ask that if you consider allowing mitigation that part of the order that be right, that be written in be that all of these other fees have to be paid within 60 days or the mitigation is reversed back to the full amount. Thank you very much sir. State your name and address. Yes. >> my name is mike benedetto. The property is 1449 northwest 68 terrace. I purchased a property about five years ago. I had a squatter go inside the property. They burned it down. Um, ended up having the city like you said have to come and demolish it. They called me like at 4:00 in the morning that they had burned down the property had to pay down the debt. So I got that on me fenced up the property would cut the grass every single month they cut my my fence and then they parked a trailer of a boat. Gotcha. So it's not that I've allowed the city to demo any of it. The other property that she's speaking about is a property that actually came out on the news. It was a fourplex that I had boarded up. It was a rainstorm that came it demolished it again another $450,000 debt that I had to pay my lender. So none of these have been city properties that were demoed because I was not taking care of them. Just some pretty unfortunate strikes I've had with owning real estate. Gotcha. >> all right. Well we're glad you came out this evening and we can help with some of the mitigation. But as you heard our attorney state that it would be contingent upon the other ones getting paid off. And so yeah, any mitigation that we would offer would be contingent upon, you know, within 60 days of those things being taken care of as well or if not it reverts back so we can help. But you also got to take care of those other ones. Okay. Got it. >> thank you. So one of them like the $12,000 one um the intention is I'm selling the lot because I've just had so much bad strike with the lot. So I decided I'm going to get rid of it so that 12,000 will be cleared if I can you know, reduce the lien. Uh the other one is obviously another piece of real estate that I'm still dealing through litigation and law and I'm getting sued because it unfortunately landed on the neighbor's house. But again, it was a 4:00 in the morning phone call that the building collapsed on me. Yeah, I had it boarded up but gotcha. That's where I was at. Let me ask you a question here is 60 days going to be enough time for you. Uh, to clear the $12,000 one that can happen in a week. The buyer is waiting just for me to have the hearing you're on the other one. I'm going through legal. We've been in we've been years trying to get him to pay this and although he constantly says I'm coming, I'm coming, I'm coming. He never arrives. Yeah. >> so are you. Currently we're asking 60 days for both. Got it. >> okay. >> are you currently under contract to sell this property? Yeah. >> the law is currently under contract to sell the property. The other property is uh it's an 1800 square foot lot that there's just there's nothing to do with that other lot. So now this one is currently under contract. If we were to be able to deal with this one the 12,000 will be cleared within like I said within a week and a half maybe. Yeah but that's not if he's not going to be able to sell that because it's going to be contingent on the other one. Yeah. >> if you tie it up then obviously none of them will sell and we'll just keep having to do it while I deal with the legal stuff of the other one. Well he's got him in different you know it's all the same corporation so any one of them is going to attach. Yeah I. Mean it's going. >> to cross you know I don't he's got there's cross attaching liens for both of his properties with each other. As of right now the title doesn't have cross attaching liens. They're only asking me to clear this one and the 12 k that's what 1449 has on title. >> but on the subject. >> they're not attaching the 1791. Second sir. On the subject property he stating that he's going to if we mitigate it down to 7500 he'll be able to sell it and satisfy the demolition amount of 12,000 but he's. >> I don't know how much you selling it for. No no but my point is. Yeah I mean how much are you selling the property. For $69,000. So I'm taking a loss on that too. If you look at public records I bought it for 100 and. But what I'm saying. Is if he doesn't structure. If he doesn't pay the other one and it reverts back, that property has already been sold right. Well this lien is going to affect his ability to sell it. I mean at some point you have to pay your debts. The city taxpayers have been forced due to his inability to care for his property whether he says I boarded it up you're you're 100% right. How are we going to enforce it if he's already sold the property. >> he won't be able to sell it because he's going to have a recorded document here that's going to interfere with his sale. Yeah that's exactly what's going to happen. Right so. But that's his problem. Yeah we can we can make a we can we can give the ruling if we want, but it's going to be up to him and it's going to revert back after the 60 days. The problem is the city has outlaid you know and now the 44 it's 44,000 now because that's interest that's been accruing. It's much more than it was when it initially happened because he just hasn't paid. >> it was 40,000 when it initially happened. It was in 2023. Right. So I've been dealing with the the case for about two and a half. >> so what I'm saying is we reduce it to 7500. He sells that property or he's not able to sell that property until he pays the 44,000. Well because his title people are going to want the order that says he's going to be free and clear and they're going to get an order that says this lien is only reduced should you do these things right. So he won't that's what I'm saying. Well can I pay the money. Can I owes the city. If if he gets an order saying only 7500 is is due that's all he's going to pay. That's what I'm trying to understand. Right. Practically speaking how is this going to work? Well we would add to the order the conditions that he pay both unsafe structure liens. Attached condition. >> I mean can we set reset this and say that he's not eligible for mitigation. You can do whatever you want as. The other two amounts. >> you can do whatever you want. Because if not then we're just. Yeah I mean I mean sir you you see the dilemma right? It's at some point it's either we don't vote on mitigation, we reset the case and you're still in a limbo you know what I mean? Yeah listen I I'm not here to dispute any of you guys. I, I can if I can get 75 for one and I'll clear the 12 that's done in a week and a half. The other one's attached on another property that I'm still dealing with as well. Um at this point I've taken the losses for all of them. I understand your point as if I did something criminally incorrect. They squatted my property and burned it down. That wasn't my fault. But I understand your case. If that's what you guys decide, all properties will just I don't know where they're going to end up. You know I'm trying to solve it because I have one sold within two weeks it's sold. You'll clear 12,000 and 7500 that'll that'll be my loss. I'll take that one as well tying it against the other one now it adds up more than what it's even being sold for. Yeah that's what I'm saying. So now it just goes back to another. I mean I. >> would have to either just rule based on the one property and then leave the other one out or just say come back when he's paid everything and we'll mitigate it. I mean but I don't but he's not going to be able to pay it until. The other property is not before you because it only has an unsafe structure case. It's not even going to come before us. Okay. Well that's what I'm saying that we should that we MAY only be able to rule based on this property. Then you. Can you provide us a copy of the contract? Uh yeah. Yeah, I can send you the title or the title company they've been they've been extending it now for about a month and a half just for me to get to this hearing because at the 124 obviously it's it's less than what they're paying for it. Are you asking him for the contract right now? Yeah yeah I can I can email. >> if it's if it's like the last condition to clear and we could potentially I don't know is there something maybe that. I mean clear the one and then if they can escrow some of the money or. I mean the challenge is is that he's not going to be able to come up with other 44,000 within 60 days. Right from the sale. But do you have the funds maybe to do it on your own funds? Can you clear the other one as well at the same time? Yeah, I. >> said I can definitely clear one which is the 12 I think 12 for for the demolition of the this lot and the 7500 and then that one will be cleared tying it up to the other one. Then it becomes back to being a financial problem and then it ties them all back up together right. >> how much is the other one have a lien for? I think it's like 4044. Days number was $44,831.48. That's for unsafe structure lien us 1015806 for property owned by the same company at 1790 northwest third street. >> will he be eligible for mitigation on that one? No it comes. Out there costs. These are city costs taxpayer. Costs for fire fire rescue and demolition yeah company and all of that. That's not like a lien that's just the cost of what. >> it is. It's a. Lien right. But I mean a cost of the department that had to go there when the building collapsed. All right. Well listen I mean I mean we can go we can take the advice that's been given to us to rule on the one I mean the rule on the one with the attaching conditions got 60 days to figure it out. If not it reverts back. >> I don't think that's going to accomplish anything. >> and it's not going to accomplish anything. Well it would probably help you gather the money. If I see you're a businessman maybe you can gather the money and pay it off. Right or not and it'll just accomplish that will just be. A bigger problem. But yeah, I would suggest. Yeah, I think at some point I think deborah from will just foreclose on both properties. I hope not. That'll be just what's going to happen there. I guess. That's not the idea. >> but yeah yeah I'm trying to clear it with you guys but at this point if that's what's going to end up happening. Where's the where's the second property holding? Are you [Laughter] Going to be in litigation there for the foreseeable future? What's the plan with. That not more mitigation. I'm just in legal disputes with attorneys and everything. So there's. >> a plan to sell that one as well build it what's the because. There's really nothing to sell. It's an 1800 square foot lot so I'm going to have to take that hit as well. Just when I clear up the 250 that the the neighbor is suing me for the lender the attorney fees I there's a lot more on that one unfortunately. So there's no buildable and there's no sellable lot there. It's probably going to be donated to the city of miami because it's right in front of a church where it curves and it's a it's an empty lot that the city owns my little tiny lot and then the house next door that unfortunately got demolished as well because one wall landed in the back of their house. Um MADAM Attorney, can I ask you a question? >> so they're going to take all of that. I'm sure the city will take the whole thing. Is it the city's position that they would prefer for it to all be tied up, or would the city prefer to receive the 7000 512,000 on this property and leave the other amount separate with the city prefer to at least. One or the other? The city is going to get its money because we have the lien on the property. But for today's. Purpose so it's up that's up to you. That's entirely up to you. All right I would I would. Say whatever you guys choose it's up to you. >> I would say make the motion for the first one. Let's get this one out of the way. I think the other one is still going to be there. And it seemed like at some point it probably will be donated to the city. It seems like he seems to be amenable to it, but I think that's a conversation you can have on the back end and maybe there's some good cause that comes out of it from there. Maybe a small park or something like that is created as a result. So yeah yeah. So move on just the subject property with the condition on the subject property. Okay so then I would move to reduce to $7,500 contingent on him satisfying the $12,532 within 60 days that's due on that property. I second that motion. Any unreadiness all those in favor? I thank you so much sir. Wait for your order. Okay. We'll do. Next case. Next case page 141 case number 00132822. Property address 1595 north west 60th street page 141. Absolutely. >> 141 this would be. Sanchez holdings sanchez and resendez yeah. 1595 yeah. 1595 yeah okay. Good evening. Good evening. State your name and address for the record. Kenya sanchez. Okay the property address is 1595 north west 60th street. And you're here for mitigation. Can you give us some background here? Yeah, just so you know it's a uh t4 uh, commercial lot ran to $41,750. The minimum is 15,020% is $8,350. $8,350 yes, $350. Okay, ma'am. >> that's the lowest we can go. But can you give us some background on why yes. Um, we bought the um empty lot and we started the construction. Mhm. uh for a fourplex. Um we bought it with approved plans. So during the construction we started to do a fence on the side of the property that had open access um from our neighbor due to some occurrence vandalism after we have done our windows and doors somebody came in through there and broke every impact door place at the fireplace and all the windows. Hold on real quick. So work performed without a permit? Yes. >> that's why we build up a fence. We thought that it was under our master permit so eventually there's you know things that I mean. Gotcha that happen um we pulled up the permit the next five I mean we got cited on AUGUST of last year. Mhm. By the end of SEPTEMBER we pulled up our permit but we had a loss in the family so it kind of threw us off. So we resume the activities on pulling or asking for inspections for our inspections. And it were accomplished by APRIL of this year. But there was a misunderstanding since it's the first time we work with your city and I thought after I had my code final inspection the permit was closed. It was not until AUGUST. This year this year that I find out as we ask for a loan in order for us to be able to complete the construction that there was a lien placed in the property. Gotcha. >> so we were not aware of the situation. So immediately I called in and asked for the final building inspection which I thought it was completed. So uh hearing had passed couple days prior. So my request if possible is not to count the $250 per diem until AUGUST but until the day that I had my final code inspection taken which will help us a lot because due to vandalism and all of that that had happened to the property we and permits that we had paid to the city as well for the development we. We had put a lot of money into the building. Gotcha. And we still had another vandalism in the person. I just got a call it's already in jail because they pulled up all our wires and everything. So I'm just asking you to consider if possible. So right now the lowest we can go is $8,350 is what we can go at. You're saying for us to recalculate it based on the APRIL date of this year. If it's possible. AUGUST I don't know if we can do that. And the reason why is because even though you MAY have gotten all of your inspections signed off on that final permit from the building department is a part of that. Yeah. >> it's like we were kind of thrown off when even the same inspector that gave us the the citation um said okay permit it's it's okay, it's okay. Uh, when I called for the you know, after we call for the building inspection we call for code but I was not clear that we needed to call again building department to close up the permit. That's where the confusion comes and I only knew it when we requested for a loan in order for us to complete the construction that we are currently doing at the place. is this currently a vacant lot? No it's not because we already have you know, basically it's almost basically it's almost done. So it's a fourplex that we we are building. Their contractors they build thing this is what they do for a living. They know to close out a permit they didn't close out their permit. There's no legal basis to give them time earlier than anybody else would be given, which is when the permit is final. >> yeah I was going to say that too just thinking about out loud. Yeah so the lowest we can go is 8350. You would like us to do that for you today. Right now it's currently $41,750. >> yeah I understand but since I had mentioned before we I mean because it doesn't work like that in other municipalities and it's really the first time that we work with the city of miami and we had, you know, encounter a lot of issues that it's not your fault. I understand it had to do with things that happen in life and that, you know, threw us off a bit. You know, that's all I'm asking. We have a guide that tells us the lowest we can go. There's a percentage amount. We can't do anything below that especially for your situation. It's not homestead. It's not a it's not single family or anything like that. It's it's almost actually a half if we reduce it to 20%, it's like half of what the other lowest amount is. So the best we can do for you, um given the circumstances I'll move to reduce the fine to 8350 uh for this case.. >> second and before we vote on it you're okay with that right? Because that's the lowest we can go, right? I wish it could be less because definitely we had just in permits to the city we had paid $67,000. >> so you don't want us to reduce it. To reduce. Yes 8352. >> I'm sorry. The $8,350 do you want us to reduce it to that amount? I mean the best that you guys can do that's all I'm asking. That's what we said. It's the best we can do. >> the best we can do. Okay. All those in favor I thank you very much. Wait for your order. Next case. Next case. Page 135 extension of time case number 00052753. Property address 2130 southwest 19 terrace page 135. 35 okay. All right. Okay. >> good evening. Southwest terrace miami, florida three uno cuatro cinco. His name is marcos de marco diaz 2130 southwest 19th terrace. And ask him does he live at the property? Yes, yes it says he has homestead. Yeah he has homestead? Yes. >> can I get a motion for zero? No this is. This is an extension of. Time sorry no is it. Yeah yeah this is an extension of time. There are no building permits have been pulled yet. Can you ask him what's going on? I'm looking the wrong one. Sorry about that. Ask him what's going on. Why is there a per diem total already? Yeah. >> it just okay. Yeah. No it just that's what it would be if he hadn't requested the extension of time. Right. >> so he fails to show up. That's what it becomes. Okay okay. He he got he got stiffed by a contractor and he is basically starting over so he needs time to, uh, run through the process. Okay. >> 120 is there any objection? One 2120. >> I have a motion please. Motion to extend for 120 days. Second all those in favor? Aye aye. Thank you. And just tell them do the same thing you did before. If he needs more of extension of time to do the same process I'm requesting it. >> thank you. Understood. Thank you. Next case page 133. Case number 00139586. Property address 2148 northwest 17th avenue page 133. Extension of time. Good evening. Hello. >> good evening. And just tell us how much time you need and and what have you done so far? Your name and address? Well, the tenants were evicted and that process took from. MAY till SEPTEMBER. Okay. >> they left the property um they destroyed the property inside all over even they removed the front door. Mhm. >> um so we're we're we're fixing it. You know, we put the door. How much time do you need? Do they have a new tenant yet? No no no there's no it's vacant but. Are they going to get a new tenant. Eventually but I don't know when or what kind of business but um I need to call for inspection once I clear everything so it's you can step in and there's no glass and broken tile and you know so I don't just 30 days or less. So the violations for. If there's no business there then you need to call your inspector out because they can comply the no see you. Yes and the no beta right. And you have excessive window signage so if you clear off whatever was on the windows comply you comply that right and then you have the work without the permit for the a c unit. That was not. That's already taken. >> care of that's on your initial violation. So I would suggest that you probably get together with your inspector inspector torres. Yes, yes. To go over fixing that part they can comply to see you the better and then you can find out about your the ac um. Unit okay. We recommend 120 days. Thank you. >> and then I believe you'll be able to meet with the supervisor gina marquez. Inspector torres is out right now. Okay. >> thank you. Can I have a motion please? Motion to extend for 120 days second. >> all those in favor? Aye aye. Aye, ma'am. Come over here and talk to the assistant director right over here. This guy right here. Next case. Next case. Page 131 case number 00138833. Property address 1900 northwest 35th street page 131. Good evening. Good evening members of the board. My name is maria. I'm the attorney for the property owners. How much time and and what have they done? We're looking for 120 days at this time. This is a matter that is a little bit outside of the normal um case. Uh this is a case that we're actually handling with the city for a covenant in lieu of um unity of title for two properties that were yeah, separated back in the 70s I believe and then now do not comply with the ordinances of the city. Got it. We are going through the covenants of unity first. Once that gets approved we can continue with the permit so the permit gets approved and then we can go into compliance. Thank you. Thank you very much. The city object 120 days. To extend for 120. >> days second. >> all those in favor? Thank you very much. You're welcome. Yeah. So once you hear your case called for those extension of times I think that was it right. We have a couple more that was it. All right. Okay so next we're going to do the to be heard. >> to be heard. Yeah so this case on page 500169492 property address 106 north west 80th street. There is also a second case for that same address which is page 45 case number 00169497 property address 106 north west 80th street. Good evening. Good evening, MR. Chair. Members of the board uh, mickey marrero here on behalf of property owner. Yep. >> how does the property plead? What's that? Does the property plead? We're going to plead guilty. A little bit of interesting story. I spoke to the inspector and the assistant director. Thank you very much. Yeah we we plead guilty. Thank you very much inspector. Inspector francois north office. Thank you. >> for both the cases. What what needs to just happen? Um for the first case it's a tree removal without a permit. >> no, the first case is the fence. Oh the registering the lot and debris. With that case they put up a fence without a permit. They paved the ground without a permit. They removed all the grass. There's also a cargo container and a lot of litter and debris on the property. Okay, so MR. Morero has his hands full on that one and for the the second one it's uh it's a tree issue that wasn't appealed. Is that correct? Correct. >> all right. >> so on that one they need to go and meet with environmental go over the issues with them if they need to pull an after the fact permit do that. If not they can let you know and the case will close out right? Correct. Okay. Uh we recommend 120 days and um I guess it's commercial so 250 a day. For both. Thank you. I get a motion please. Uh yeah for case 169492 finding of guilt 120 days to come into compliance and 250 per diem thereafter in case 169497 finding of guilt 120 days to come to compliance and $250 per diem thereafter. Second. >> all those in favor? Aye. >> thank you, thank you. >> have a good evening. Thank you. Next case page 53. Case number 00165944. Property address 170 northwest 57th street, page 53. Sunny isles associates. Page 50. Good evening. You state your name and address for the record. Maria morello 170 northwest 57th street. Thank you. How does the property plead? Guilty. >> thank you very much, inspector. Your name. Inspector george's after hours. Okay. >> what else needs to happen to. I think we've got some storage issues on here. Is that correct? Possibly an rv being used as living quarters? Yes. >> so we've been talking we've been in contact with each other. Yesterday I went by the property. She finally got the police to remove they got the camper removed. They got the person that was living on the property removed. Um they just need a little bit more time to kind of clean up whatever was. 120 days would that. Yeah that's a lot. Okay. >> and this is um is it a vacant lot? It is a vacant. Okay so it would be um $250 a day thereafter if you need more time you run into trouble, the squatter comes back, you ask for more time. So 100 2250 a day thereafter. >> I move to extend this case by 120 days and a finding of guilt. Thank you. And um it's $150 a day thereafter. 120 days 120 days. Right? Yes. >> thank you very much. Second, all those in favor? Thank you. Thank you. You're welcome. All right. Next case. Okay. Next case page 95 case number 00174089. Property address 1045 north east 84th street, page 95 .Good evening. Good evening. State your name and address for the record. Pedro aparicio, owner of 1045 northeast 84th street. >> at the time of the notice is the property guilty or not guilty? Um, I'm actually just requesting additional time. Well, in order to do that you have to be able to plead guilty or not guilty. The property is here on a tree ticket. Uh it was uh not appealed so we're here on whether or not the after the fact mitigation has been done for purposes of the tree. So if you're still trying to do that and you need more time, you'd have to plead the property guilty and then get more time. Understood. >> guilty. Thank you inspector. Inspector bailey north office. What do they need to do? Yeah. >> the tree cut down without permits after the fact permit for the trees that were removed. Uh, no permit has been pulled as. Yet was two trees. We do have environmental here. So you can get their information? Yes. >> um, can I give you a little bit more color on the environmental um um department. Um interaction I had this morning. Um um. That's up to the chair. No not not really. You don't we don't need it. No you need time. Yes. >> I met with the department this morning and we resolved the issue. And so the permit should be coming. Gotcha. >> we'll give you some time. So the city would recommend 120 days. Is this a single family home or commercial property? It's a t3t3. Single family home. Is it homestead exempt. Let me check. Doesn't show here. Do you live there? >> but it's a single family home so 120 days $150. Thank you. Can I have a motion, please? I'll move for finding of guilt 120 days $150 a day thereafter. Second. >> all in favor? Aye. Thank you very much. Thank you all. Okay. >> good evening. Thank you. all. Next case, page 83. Case number 00173416. Property address 620 north east 87th street, page 83. Uh, they have four cases. Um three there. [Laughter] Okay. Three. Yeah, they're all interrelated. So it's uh page. 8385 and. >> 877 so and it's 620 north east 87th street and 610 north east 87th street with three tickets. All dealing with the trees. So all right. >> so I don't know how the gentleman wants to plead. You want to deal with them all at once? You know I I don't know. State your name and address for the record. Just state your name and address for. >> the record. Carr. >> gotcha. And at the time that you received the violations were the property guilty or not guilty? Not guilty. Not guilty. All right. City. Yep. >> let me pull this one up. We gotta pull the one up. Once the city puts on their case, we'll [Laughter] Give you an opportunity to present your evidence as well. Okay. Thank you. All right. Inspector, did you put, uh. We are here to determine whether or not an after the fact permit was pulled. Correct. Okay. In this particular case you put together pages one through 32. Is that correct? Correct. All right. Um and uh, we have copies of uh what the ticket that you wrote that it was posted and that it was mailed is that correct? Correct. Was this ticket appealed? It was untimely appeal. Is that correct? Correct. >> okay. >> and so based upon that the ticket is issued is upheld pursuant to city code correct? Correct. So at this time what is before this body is whether or not an after the fact permit has been pulled and finalized. It has not. >> it has not. Okay. Um we have here on SEPTEMBER 18th of 2026 an appeal document is that correct? That's on page 15 and 16. Correct. And you have 30 days to appeal is that correct? Correct. >> correct. >> and as we stated before this ticket was issued in um JULY 13th of 2026. Yes. Yes. So that was sometime after 30 days. Yes. >> all right. All right. We have your proof of notices of mailings. Proof of posting for the property and then photographs from the case. Um. And this is really the one that matters on page 32. No tree permit has been pulled at this time. Is that correct? That's correct. Okay. At this time the city seeks to put pages one through 32 into evidence. I mean it. Have you had a conversation with the owner? I have. And what has he said. That he has not aware of any trees being removed from either of the folios. Okay. >> nothing further at this time, sir. Yes. >> you have your evidence. Uh, there's never been a tree that's been pulled from this property. We've had it since 2013. It's a vacant lot that's fenced in. I took videos today as a matter of fact to show exactly what the property looks like since the day we bought it. This time the city objects. we're not here for that. We're here for whether or not a an after the fact permit has been pulled for the removal of trees. We're not. He didn't appeal the ticket. That's not before you. We've never removed a single tree from the property ever since owning it since 2013. And despite the evidence of the city having pictures of the. Well, the. At this time just to be clear. Yes. >> it is irrelevant of anything else he's required to appeal the ticket. If he chose not to do that they chose to file an appeal in SEPTEMBER. Because I never received a notice, ma'am. Which is more than 30 days after the fact the notice was sent certified mail. Um and so that's where we are. Can we verify the address that where it was sent to? He said. The mailing address is 234 south coconut lane, miami beach, florida 33139. And I've had many conversations with inspector bailey over the past four years. Um, anytime we get a notice regarding this property it's a vacant lot. We take we take care of it right away. There are no liens on this property. There's never been an issue and she can probably confirm that we received what I received this notice I contacted her right away which I usually do via text message phone call and also email and that's when we started appealing it. But we found out it's a vacant lot that's that's fenced in essentially so. Everything was sent to them certified mail the property itself was posted with the ticket also to their registered agent which is what's required. Since we've owned this lot the history of this lot since 2013. Anytime we get a notice we respond to the notice right away. Very diligent about that. So you're saying you never received a notice? When we did when we first were notified when we received it that's when we acted upon it. And I have all sorts of emails to various members of the of the city of the board. MISS Bailey so we've never touched a single tree on that lot. We've never removed a tree on that lot ever. There's been no construction. It's a vacant lot. Receipt is not a requirement of the code. It's the mailing and the posting which were done. And again we're still not here for that. >> for that part. Any other questions? Can can we see the pictures of the trees? I know we're not here for that but I'd like to see the pictures of the. And one of the questions I had sir was when were these photos taken because these photos indicate that there was no fence when the photos were taken and we've had a fence for several years around the property. Is there. >> a well the fence is there. Yeah. >> is that your property? The trees are on the perimeter of the property. Do you. Do you recognize those those pictures. Your property? That is correct. There have never been any trees in the center of the property. It's basically a an asphalt. It's a lot the trees are only on the perimeter of the property. All right so you see how in the first picture the trees are there. Yeah. And then the very next picture they're gone. When not. I mean. >> but what I'm saying is we've never removed the tree. I don't can I see the photos again because I'm not understanding if it's the same. Again it's the same area. >> it's a picture taken from the same angle both pictures. That's what I'm trying to figure out in my own mind. >> so look you see the. Green right away. It's to the right. You see the green box. See the green box? The green the green boxes are used to be an old dumpster. Gotcha. Yeah. Well, no, it's looks like a power supply. >> yeah, but it's still there. Yeah, it's still there. It used to be an old dumpster because there used to be. You see there's no no trees now. Yeah. >> I I don't know what else to tell you. I've never removed a tree and my service that goes there every two weeks to maintain the lot because we're very very diligent about it. Neighbors tend to throw trash debris furniture whatever. So yeah, somebody removed six trees. And you've you've owned the property since 2013. >> yeah. I'm sorry. 20 yes 2013. Yes. Correct. >> it's a shame because there were trees there in 2021. Yeah. >> and I and I and I believe we do the google earth view when you go back in time it also will show it. I understand where you're coming from. I just I've never removed a tree. Absolutely 100% trees were removed from this property but we're not here for that. Yeah we're trying. >> to here for him to do his after the fact. I've never removed a tree. I've never. We're trying. >> to give you the crew to remove a tree either. Yeah and the trees are located on both folios which is why each has two. Understood. >> so I think the process. There's an alleyway between the two folios. There's actually a total of I think 4 or 5 folios that make up this property. Yeah we got three here. >> well there's a way to fix all this. Get a permit after the fact. Okay. >> sure. I mean I yeah. I I'm just. I was just perplexed and confused when I, I got you because we haven't touched a tree. My service hasn't touched a tree. We never. Moved again. We have there were trees there. The trees are. Never removed it ma'am. Well that's maybe. Not. >> I have. No trees on your property. I'm under oath here so I've never removed a tree. >> okay. But I can I'm willing to do whatever it takes to get this issue down. Well, I'll move for a finding of guilt for the three cases 17341617341 3173417 $120 120 days. And what is this vacant lot? Two. 52. 50 a day thereafter. I'll second. Second. >> any in readiness. 089 all those in favor? I do you understand what. I know? >> can you repeat that again? Yes. >> so there's a finding of guilt for all three cases for the two properties. You have 120 days to come to compliance which is to get the after the fact permit. Okay. If you don't get that after 120 days and you don't ask for an extension, there's a fine of $250 per day thereafter. Okay. So just make sure you get the after the fact permit. If you can't you can ask for more time but you have 120 days so it should be enough time. >> thank you sir. Thank you. Thank you. Okay. >> thank you. Okay. >> next case. Page seven. Case number. >> which page? Sorry. Page seven seven. Okay. >> no. >> right here. >> in the front. Right here. One please. Yeah, that's for an extension of time for five. Email permit. You have to for the building department to contact the building department. Next case, page seven. Case number 00159042. Property address 1236 northwest 30th 31st street, page seven. This is apg property solutions. Good evening. Can you state your name and address for the record? >> hi. Good evening. My name is angie garcia. And at the time we received the notice the property guilty or not guilty? Um I will say yes but I'm also in confusion because this property is already in the process of the after the fact since last year. We still on the process so I don't know why did I get another violation of the same. So the violation is work performed without a permit? Yes. >> and before my ownership this property already has violation which that's what we are curing after the fact. >> and you don't have a permit right now do you? I have a case number in the process for that. >> you have not been issued. >> the processing it. Yes. >> the work was done before anything was. Issued correct? Right. Okay so and just for the record you're saying guilty. Yes. >> yes. You have. >> to say it. Yes., inspector. Your name? Central office. All right. >> what's going on? How much time do they need their processing permits. How much time do they need? They can get 120 days. Okay. >> uh, and they are in the process of complying, correct? Yes. >> they do have a they're in the applicant process. [Laughter] So they're right at the beginning. Yeah. >> okay. >> is this an investment property or a are. We actually not at the beginning we're in the middle of the process. That's that's my confusion. No I know because you say you had already started pulling this last year. Yeah but the violation was already there before my ownership. We're just trying to cure this same violation. And then she gave me another violation of the same. >> so we're you're an applicant corrections. You're at the very beginning of the process with the city. Now you MAY have gone through a lot with your contractor. Okay. And your drawings and all that good stuff. Now you're at the beginning of the city process. Okay. So um, it's a single family home who resides there? Uh, nobody. Okay. >> so I would move for a finding of guilt 120 days to come to compliance and $150 fine per diem thereafter. Second. >> I'm sorry. Again. >> I didn't hear sorry. You want to repeat it? Yes. >> so finding of guilt. Okay, 120 days to come to compliance and then $150 fine every day per diem thereafter. So request an extension of time before the 120 days complies. Remember what I said at the beginning? Bone 100 days. Got it. >> so no matter what you're going to need to request an extension of time. So put a little thing on your phone 100 days from now you're going to go online and you're going to request an extension of time. There's a paper there that gives you the instructions. I got it okay. Thank you. >> so we have a motion. >> I'll second that motion. >> thank you. Probably second. All in favor. Aye aye aye. >> thank you. Thank you. Next case page 51. Case number 00161480. Property address 4428 northwest 10th avenue page 51. Good evening. Good afternoon. You want to state your name and address for the record? Uh, my name is gary. This is my mother ernestina. Property is 428 north west 10th avenue. Thank you. >> and at that time you received the notice. Was the property guilty or not guilty? Yes. >> guilty. >> thank you very much, inspector. Inspector george's after hours. Um so they were cited for some outside storage and they needed a permit for the fence. Uh I would say starting at 120 days because they have not submitted an application that I can see yet for the permit and there's they still have a lot of the outside storage. I noticed that yesterday when I went by the property they started to get some things out of there. But there's still a lot of stuff there. So I would say start at 120 and then they can go from there. You live on the property. There's a vacant lot. We my mom bought it in 1998. I started a junk removal business 11 years ago. Okay. >> so you know I don't have where the story. >> you know. That's trying to rent a spot to expensive. Gotcha gotcha gotcha. We paid taxes. You know I work for that. She helped me out yesterday. We were talking so we're trying to comply. Alright we'll give you some time. Okay. Yeah it. >> has to be fully clean. Yes I understand. Yes I understand. >> trust me. It's going to take a while but yeah it has to be fully cleared out. I will give you we'll start off with 120 days. Okay. >> thank you, I appreciate it. One second. >> can I get a motion for guilty? 250 with 120. >> days I'll move for a finding of guilt 120 days and $250 a day thereafter. Second. >> second. I again before you hit 120 days. 220 days to clear it out and then comply. >> and if you can. On the fence right you still got the fence so you MAY need more time. So make sure you put on your phone 100 days. So if you don't have an affidavit of compliance from your inspector get the piece of paper. That's their. Request more time. Okay the paper that's there sir right there. Okay. >> otherwise you'll get a lien and then that'll be a mess on your lot. Don't do that. What's the question? Do you have a question? Next case, page 34. Case number 00168645. Property address 1063 northwest 55 terrace. Page 34. Good evening. Good evening. State your name and address for the record. You want to state your name and address for the record? Thank you. >> my name and address is ten 763 norway five five terrace. That's the owner. Okay. >> and at the time that you received the notice of violation, was the property guilty or not guilty? Guilty. >> thank you very much, inspector. Call compliance inspector anderson. I started the property for work without a permit. They changed the fence and they also closed off some of the windows to the property. Got it. I don't believe they have a permit as of yet. Or process numbers. Okay, sir. Have you started the permitting process? Yes sir. We submitted a process for the project for the violation and for windows and fence and the siri requests another permit for the fence only separate. So we submit to permit in this moment and we are in the in the review final. Okay. >> okay. Let's check with the city here. Director. They have submitted several several permits. A few of them are incomplete but two of them are in the corrections phase. The city recommends 120. Thank you. As you can see on the screen there an applicant corrections on two for remodeling and they have another one that they just created on OCTOBER 8th. That's incomplete but then they have other remodeling ones from AUGUST and and JUNE of this year. So I don't know which one they're going to use but 120. Is this a single family home? Yes. >> on the fence. Defense has a 20 years old but defense is the problem with the borderline with the old neighbor. All homes have the chain link. No problem. Gotcha. Can I get a motion for guilty? 120 days and. $150 and. 150 for a finding of guilt. Um, 120 days and $150 a day thereafter. Second. >> all those in favor? Aye. >> you have 120 days. Take the paper if you need more time. Okay. Before 120 days expire. Next case, page 125. Case number 00173609. Property address 1581 northwest 55 terrace. Page 125. Good evening sir. I'm sorry to have another case with that. It's 125 and page 27125. >> and 127. And 270. >> and 27. Yeah case number 00300054341 and the same address 1581 northwest 55 terrace. Okay so we're going to we're going to address both of them. Okay no problem. State your name and address for the record. My name george pratt. Address 1581 northwest 55th terrace. Thank you very much. And at the time that you received the notice of violation, was the property guilty or not guilty? Guilty. >> okay, give us one second. Let's see what the inspector says. Inspector anderson code compliance. As to both cases. So you just go through with each one of them. So you've got the one on 27 which is um for the fence right. And then we have the one on. Uh. 27 is. >> 125 which. 125 is work performed without a permit. Yeah. >> 27 is tree removal. >> tree removal. I only have one case for this property. Right. >> 1580. >> hold on. 1580 1/55 terrace. The um. Hold on a second. Page 27. The first page is a one and second page is 125. Thank you. >> all right. 125 and 27. Have you guys submitted a permit to get started? Yes. Okay. >> well we're going t