Code Enforcement Board Special Magistrate

Code Enforcement Board Special Magistrate — May 4, 2026 - 8:02 AM

i'd like to take this opportunity to welcome you to the meeting of the city of miami code enforcement. My name is darcy siegel and I will be presiding as a special master a special magistrate this morning. Before we begin, I ask that everybody please rise and state the pledge of allegiance with me and then remain. >> standing so that you can be sworn in. I pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under GOD. Indivisible with liberty and justice for all. Please remain standing so that you can be sworn in. If you are. >> going to be. Testifying this morning, all those who intend to testify on this day or any other matter, please stand and raise your right hand. Do you solemnly swear or affirm the testimony you are about to give today? Is the truth the whole. >> truth and nothing but the truth? Thank you. You MAY have a seat. We now have our. >> spanish interpreter and our here as well so they can do that. Do you solemnly swear or affirm you would translate from english to spanish or spanish to english to the best of your ability. Thank you. Buenos dias. La sala necesita asistencia en ingle s espanol espanol ingle s por favor. Collagen de pie. Levante en su mano derecha. Ustedes pueden hacer la verdad la verdad gracias. Do you solemnly swear or affirm that you will translate from english to creole or creole to english to the best of your ability? Thank you. Bonjour. Anglais avec anglais. No. Merci. Before we begin, I have some opening remarks that I'm going to be reading to you to explain the process that's going to occur this morning. As special magistrate I hear the case in the same manner as the code enforcement board. I am authorized by florida statute and the city code to hear and decide cases brought against those persons and or property who have been cited for violations of various ordinances but have not corrected the alleged violations or not corrected them in a timely manner. Each case will be called and the respondent whose property and or business is the alleged violator will be asked to plead guilty or not guilty to the issued violation or violations. If the respondent pleads guilty, both the city code compliance department and the respondent will have an opportunity to explain what's going on and then as the special magistrate I will decide how much time, if any will be given to comply the violations and any amount of per day dm lien to be issued daily fines imposed can be up to $250 per day for a residential property and up to $1,000 per day for a non residential commercial property. For the first time violation and up to $500 per day for a residential property and up to $5,000 per day for a nonresidential commercial property for a repeat violation. If the respondent pleads not guilty, the city through the assistant city attorney will present its case after the city presents its case, the respondent will be permitted 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 that that um representative must either be a licensed attorney in the state of florida or have a valid power of attorney or some other legal document which gives them the authority to present the property's interests. If the representative does not have a valid power of attorney or other legal document than the case will be heard in absentia and the representative does not have the legal authority to present a defense or testify before me. If a hearing is requested through a plea of not guilty, the hearing is conducted in an informal manner. There are no formal rules of evidence. However, all discussions, presentations and questions are limited to matters relating directly to the violation cited. After all the evidence is presented I will determine whether the respondent is guilty or not guilty. If found guilty, I will order the violation to be corrected by a certain date and if not corrected the relevant the relevant per diem lien will be determined by me and imposed. If I determine the violation is one that has created an irreparable or irreversible harm through the evidence and testimony presented an additional fine of up to $15,000 MAY be issued. When an issued violation has been complied, it is your responsibility as the property owner to contact the code compliance inspector to have the violation complied in the system. If the violation is not corrected by the required date, the per diem lien as ordered today shall issue without further hearing. The lien imposed will be a lien against the property and any other real or personal property owned by the violator. If you need to request an extension of time after the imposition of time to comply today you MAY do so online. There is a website for you to do that and that is w w w dot miami gov.Com again it's w w w dot miami gov.Com and in the search queue type in extension of time. You must request the extension of time before the time given expires. So for instance if I give you 30 days to come into compliance, don't wait until day 31 to ask for an extension of time. You have to do it before the 30 days expires. So any time from today to day 29 you can ask for an extension of time for those here for an extension of time. Please be prepared to tell me and let me know where you are in the process of coming into compliance with the violation. How much time you're seeking to extend your compliance date and then I will also request any relevant information and recommendations from the city. Lastly, any orders entered by me as a magistrate MAY be appealed to the 11th judicial circuit court of florida within 30 days of today's date. That basically concludes my opening remarks and now we're ready to. >> proceed to hear the hearings this morning. First case page 97. Case number. 00056458. Extension of time page 97. Property address. 853 northwest. Third street. Good morning. Good. >> morning sir. Could you state your name for the record please? My name is lucila ramos. I'm an attorney. >> here representing the owner of the property. Um, I wait. >> before you proceed, could you just, um, give us your office address please? 2525 ponce de leon. Boulevard, third floor, coral gables 33134. Okay. MR. Ramos, um, you're here this morning representing. Your. Client, golden towers llc. No no no no, it's page this page. 97 it's. 0853. Properties llc. >> it's here for an. >> extension of time. Okay. Okay so that's blac853 properties llc that's correct. Okay I stand corrected I'm sorry. So um your client was cited um for no certificate of use failure to obtain a business tax receipt and also failure to maintain a lot in a safe clean condition and allowing accumulated accumulation. Okay. Um they've not complied as of yet, but they they are. Seeking an extension of time. Where are you in the process? Okay. there's two. Separate. >> uh, permit. Processes. >> uh, for the league to see you. We have to legalize one of the units. We are very close to getting final. Uh, except that the mechanical. Inspector just did a rough of the duct work and threw a wrench in it. He says we got to put up a guardrail around condenser units that are on an elevated floor and uh, that according to our. Architect. >> he says we should not do it and that it's going to require another permit. So this MAY take a little while. I thought we were close. Um and legalizing once we close that permit I still have to do the all the inspections to get to see you uh, for the other uh. Violation we have cleaned up the area but it's also going to require us to redo the dumpster pad. Uh, that's near the sidewalk. We're trying to get that permit issued. Uh, they had. Requested. >> um, some information. We gave them to him, uh, to the building department or the reviewers about a week ago and and we're still waiting to get the permit to be able to do that. That should be a little quicker because that's just laying. Concrete putting a fence. >> around the dumpster and we should be good on. >> that one. Okay. The complaints. >> the city. >> recommends. >> 120 as both permits are in the inspection and review phase. Okay, I'll I'll grant based on your explanation and the city's um representations 120 days to come into compliance again if for some reason you run into a hiccup or something, make sure that you request another extension of time and uh, thank you for taking care of this and hopefully, um, don't wait for 120 days to finish everything. The sooner the better. And even if you comply, one of the violations as compared to the others or whatever happens, make sure you notify the city and let them know that it's complied so they can check it off in the. In their um database. Okay great thank you. Thank you very much. >> you two. Next case page. 107 case number. 00106282. >> property address. 3311 southwest 21st street. Good morning sir. Hi. Good morning. Do you mind? Thank you. Could you state your name and address for the record please? My name is juan felipe peralta. Address is 3311 southwest 21 street. Okay, MR. Peralta, you're here this morning on an extension of time for work that was performed without a. >> finalized permit. Correct. How much time are you seeking? We're seeking. 180 days. Uh, we we submitted the plans. We've been working on the comments. We're down to the last few. >> comments, uh, but still need some extra time to finalize city. The. >> city recommends 120 as they are in the permanent review phase. Okay, the city is recommending 120 days and I think that that's fair because that's basically four months. Okay. Um you've already asked for an extension of time once so you know what the process is and how to do it. So if for some reason you cannot comply within the additional 120 days, make sure that you go to the website and you request another extension of time and as long as you're proceeding in good faith, I don't see a reason why your extension wouldn't be granted. So I'm going to grant 120 days for you to. Finish this and bring the property into compliance. Okay. Thank you. Thanks. >> and that's all of the extension of time that's signed in so far. Okay. The next case would be to be heard page. 19 case number. 00079835. >> property address. 500. North east 68th street, page 19. Good .Morning good morning. You can pull. >> the mic down a little bit so I can hear you. Uh good morning. My name is nancy nancy escobar. Uh, my son can speak with me for me. Okay. Do you do you give your son permission to speak on your behalf? Yes. >> okay. Thank. >> you sir, could you. >> state your name please? Yes. I'm juan. Oh, okay. >> and. >> your relationship to MISS Escobar? Um. >> her son. Oh. >> are you juan j. Yes, that's my brother. Okay, okay. Um and what's the address of the property in question here? 500 . >> northeast 68th street miami, florida 33138 okay. The property that's located at 500 north east 68th street was cited by the city of miami for two violations. The first one was work performed without a permit. How do you. >> plead to. >> that offense guilty or not guilty? It's guilty. Yes. Okay. And then failure to have a certificate of appropriateness because it's within a historical. Um designated location. How do you plead to that? So also guilty yes. Okay. So tell me uh what have you. >> done so far and what are the. Circumstances here? Yes. So we've gone through a long process of working with the historic district representative. Her name is christina chang who uh, she we met at least three times had exchange of emails to, uh, make sure that the drawings are ready and won't be sent back to us. So we submitted but there were additional comments. Uh, we also later in the process found out that the she wanted us to make the. Renovations that that we did without a permit look like a porch, the original porch. But later in the process we found out it wasn't even a porch. We found original photos. So when we tried to mention this to her uh it was late in the process she told us just submit. Um but I think she's no longer working for the historic district. Department is someone else that we have to work with. So we would like to have more time so that we. >> can work. >> with that other person to get this to to compliance. Okay. So but what occurred here was this. >> a. >> a porch let. >> me okay, let me look at the the photographs here. Yes. Maybe. >> this yeah. And I. >> think that uh, the inspector can also give you a brief rundown as well. Good morning inspector. Good morning. Inspector lubin north office. Um so essentially this case was referred over to me by the historic preservation department um advising that the rear porch and the property was. Enclosed um and I was advised to go out there and site the property um there are former photos as you can see right here. That that. >> area towards. >> the back of the home was. Enclosed. And then the most recent. Oh I see okay okay. It was. >> totally enclosed with. Windows. >> and. >> oh I see okay okay so that's the work that was done and what. What year. >> is this? The original photo is from when 2020 121. And then the other was current of 26 okay. It's actually from. 2024 but yeah, yeah. Okay. I think the city was recommending. 120 days to start. $150 a day. Thereafter they. >> can get. >> more time if. >> they need it. They are working in the process. Okay. Do you do you understand what the city is recommending? Um the city the city's recommending giving you a 120 days to come into compliance. Failure to do so will result in a fine of $150 per day being levied against the property. However, if within that 120 days you realize that you're not going to be able to comply with, you know, getting your. >> final. Permit, you need to ask for an extension of time and then you'll come back to a hearing and you'll explain to the special magistrate what you've done between. >> now. >> and the time that you're requesting the extension of time. Okay. But you have to keep dealing with this. You can't just wait until day one. 140 uh I'm sorry one one um 19. To start all of a sudden dealing with this, would it be possible to have a little more time because this process with working with the historic. District. >> um there's a lot of back and forth to go with the. Architect the engineers then back to the to the city's you you can and you will get more time by asking for an extension of time. Okay. So basically what I'm going to do today is I'm going to find you guilty on each one of these offenses give you 120 days to come into compliance. Failure to do so will result in a fine of $150 per day being levied against the property. However, if you ask for an extension of time before the 120 days, you come back for a hearing and you request additional time and the $150 will not come into play as long as you ask for an extension of time. If you don't and you wait and it slips your mind and on day 122 you realize oh my goodness, I will tell you by day 122 you will already have $150 per day. So a $300 lien on on the property. So you have to make sure that you and it seems like you're already working with the city. So that's the first step. And the second. >> step is. >> to make sure that you calendar how much time you have and if you're not going to finish within the 120 because I think you're right, I think. >> it's going to. >> take a little longer ask for an extension of time. And you mentioned to ask for the extension through the website correct? Correct correct. Um do we have it written? Okay okay. >> all right. Thank you so much for every case that gets hauled up, do not forget to take the there's a piece of paper at the podium that explains to you how to request extensions of time. It gives you also email addresses that you will need to get in touch with people so make. >> sure you. >> take that with you. Next case page ten case number. 00122321 property address. 1326 north west 45th street page ten. Good morning sir. Good morning. Could you state your name and address please? My name is jose gonzalez. Uh, at. 1326 north west. 45th. >> street 33142 miami, florida. Thank you, MR. Gonzalez. It appears that your property located at 1326 north west 45th street was cited by the city of miami for three violations. The first violation was maintaining a structure encroaching in. >> required setbacks. How do you plead to that offense? Guilty. Okay. The second one was work. >> performed without a permit. How do you plead to that? Guilty. >> because I can I can have a. Permit okay I just have a permit here. I just submit in the city and the the print is not ready yet. Uh, they're supposed to be this week. I don't know how long they will be reviewed the permit okay to give me the permit I can I can. >> please the inspector because I don't have permit. Okay. But . >> the work that was done did you have a permit when the work. >> was done? No. >> okay. So you didn't have. >> a. Finalized permit. You didn't have a. >> permit at all. Is that correct? Yes. Okay. So do you plead guilty or not. >> guilty of that offense? You didn't. >> have a permit and work was done right? Yes. >> okay. So you plead guilty on that one. Yes a guilty on that one. Okay. And then the last one is outside storage of miscellaneous materials equipment or debris that's compliant sorry that one is complied. Okay do you understand what that means? That means that you've cleaned it up and the code officer has clean has complied that violation so you're no longer required to comply that okay so we're just here on the two violations maintaining a structure encroaching encroaching in required setback which you have pled guilty as well as work perform without a permit. So we're going to hear from the city now and the city is going to tell me exactly what occurred causing these violations. And once I hear from the city and their recommendation, we'll talk about how long it will take for you to be able to follow the. >> rules and. >> get your permit and. >> do everything that. >> you need to do. Okay? >> okay. Yes. Okay. MR. Inspector city of miami compliance north office. I was doing my routine inspection and, um, I spotted the property was. >> doing some work and I checked in the system. There was no permit. Okay. I'm sorry to interrupt you, sir. The photos of your house are up there and so when the. >> inspector is speaking. >> he's referring to these photos. So I want you to be aware of that. Yes. As you can see they were doing. Repairs on the second floor and the unit in the back. And also you can see the the top on the structure that is all the way to the property line. They were doing all that and there was no permit on file. That's why I cited them and I believe he's trying to get his paperwork in order, but it's going to need time to uh to resolve that with building department. I would. >> recommend six months to start. You already started so the. >> city recommends. 120 days and does he live there? I believe so. Yeah 150 a day thereafter. Do you understand, sir? The city is recommending giving you four months to come into compliance if you fail. >> to. >> do so, a fine of $150 per. >> day will be. >> placed on the property as a lien. The complaint that I. >> need a permit. I need a plan approved. Uh, okay. Oh okay okay yes. But let me also explain to you that you need to to talk to the inspector. He will help you. He will tell you what the process is and which department you need to go to, but you're going to need since you don't have a permit, you're going to need a lot of documents. You're going to need a survey. You're going to probably have to have an architect. I don't know if you have one to draw up plans to submit it to the city and it's it's a whole process. Okay. But I'm going to give you 120 days. I'm going to find you guilty for both of these offenses based on your plea, I'm going to give you 120 days to come into compliance. Failure to do so will result in a fine of $150 per day being levied against the property. Again, if you cannot come into compliance within the 120. Days, make sure you request an extension of time okay? Okay. >> now just. Requesting it is not good enough. You're going to have to come back here. Yes. Okay. >> because if you. >> don't come back here for an extension of. >> time. >> hearing you MAY not be granted the extension. Okay? okay. Because the point of the extension is for you to tell the magistrate what process you're at. >> and. >> what you've done since the last time you were here. Okay. >> thank you very much. Have a good day. Thank. >> you, thank you. Yes. >> take the piece of paper as well. Yep. She's got it. Thank you. Next case page 12 case number. 00141668. >> property address. 1431 northwest. 43rd street. Page 12. New line management inc.. Good. >> morning sir. Good morning. Could you state your name and address for the record please? 1431 north west 43rd street miami 33142. And what is your relationship to new line management inc.? I'm the owner. Okay. I'm sorry, MISS Dooley. Have we verified that? Let me go. I have not so well flip to. The sun. >> biz report. >> your name. Your name? Rodolfo barone. There you go. Okay. He's the PRESIDENT. Okay. Um, MR.. Padron, it appears that purono peron. I'm sorry it appears and thank you for that. It appears that your property located at 1431 northwest 43rd street was cited by the city of miami for work performed without a. Finalized permit. How do you plead to that offense? Yes, I we submitted all the paperwork. It's all yours. We got all the comments back so we should be um we I we answer most of the comments we so we should. >> be putting. >> all the all the paperwork back this week this coming week. Okay. And what. >> what. >> was what work was done without a final without a permit the work quite a few things that we're working on it. So we're we're just getting a final. Call it like a master permit so we're putting everything in it. Okay so I have the architect and you know, the the general contractor. >> working. >> on it which I should be putting everything this week. >> this coming week. Okay. >> what's the city's position? Um, I would recommend. >> uh please put your name the city of miami. >> code compliance. This was a complete remodel of the property. Yes. The the have fence installed mechanical works and um the whole property was renovated from the exterior. Uh, but I couldn't see the inside. But they need to get the full plans to correct all. >> the violations. I would recommend uh. >> 90 days. That's. That's um I need more time. So 120. Days with. >> $250 a day thereafter. Okay. And then if they need more time they can request more time is. >> sir. >> is MR. Peron is anybody living at this property. Right now? Um uh. >> right now? No. Okay. But this is going to be rental property, right? It's going to be rental. Yes. >> okay. That's I'm trying to get everything as asap as soon as possible. Okay. All right. Um, I'm going to find that your property is guilty of work perform without a finalized permit, give you the 120 days to come into compliance. Failure to do so will result in a fine of $250 per day being levied against the property. And the reason you might say well how come others got 150 and yours is 250 is because yours is a business commercial or you're renting it out as opposed to just it's a technically a nonresidential because it's not homesteaded and and it's um but I will tell you you're not going to have to get there if you if you try and get it done within the 120 days and again, if you can't make sure you ask for an extension of time if you get the extension of time before the time expires, the monetary. Amount will not come into play. Okay. Thank you very much. Thank you and make sure that you speak with the inspector. Yes, he will help you trust me. Okay? He knows he knows