Code Enforcement Board

Code Enforcement Board — March 5, 2026 - 4:57 PM

and then if you're going to give testimony regarding your case, I'm going to ask that you remain standing so that you can be sworn in. By the united states of america. >> remain standing if you're going to give testimony. Do you solemnly swear or affirm the testimony you are about to give is the whole truth and nothing but the truth. Thank you. You MAY be seated. Yes. Interpreters. Do you solemnly swear? Sorry you solemnly swear or affirm you would translate from english to spanish and spanish to english to the best of your ability. Do you solemnly swear? I'm sorry. Buenas tardes interpretation. Ingle s. Espanol espanol ingle Por favor. Levantate puedo levantar to mano derecha. El testimonio punto de dar es la verdad y nada mas la verdad. MR. Interpreter, do you swear to translate from english to korean creole english to the best of your ability? Bonsoir. >> avec anglais. Anglais. Okay. D'accord. Merci beaucoup. Roll call, MR. John connell. Present MR. Williams present MISS Yvonne bayona here MR. Juan gallon present MR. Rigmaiden MR. Arnulfo ramos present MR. Javier rodriguez present. We have a quorum. Um. >> board member madden has asked for an excused absence and I think he was absent last time and I realized that it was for a personal matter. So I don't know if we asked for an excuse the last time, but if we can do today and the last meeting I would appreciate it. Yeah. >> I don't think we did the last time but if we need to do a motion for both I'll make a motion to. Okay. >> we have a motion second. All in favor? Aye. >> good evening everybody that is present here today is here for the first time on a to be heard, which means this is the first time you're here to have your case heard by the board. Uh, when your case is called as the city attorney has already explained, you will be coming up to this podium right here in front of me. Uh, the CHAIRMAN Will ask you whether you're guilty or not guilty and whether you're guilty or not guilty is whether the property at the time that the that the property was cited was guilty or not. You can say not guilty guilty or guilty with an explanation. Okay. Um explain to the board the city will put on its case. You'll have an opportunity to explain to the board what's going on with the property, which is your defense. The board will deliberate and will give you a time to comply. Uh, or adjudicate you not guilty when the if the board gives you a time to comply. Let's say you have 30 days uh, you have to comply within those 30 days. If not, you could be fined if you're a residential property 250 to $1000 or $250 for a residential and $1,000 for a nonresidential uh, for a first time violation of a second time violator a repeat violator it's up to 500 for residential and up to 5000 for nonresidential. those fines don't start running until your time to comply has expired so you have 20 days they don't start running until day 21 if you're not going to make 20 days and this is an example, you can request an extension of time on the 19th day before you get to the 20th day. There's a paper at the podium right here after your case is is completed please take that paper. It'll tell you how to ask for an extension of time you have to ask before the time has expired. If not, that's when those fines start running. The board can for specific violations issue irreparable or irreversible harms. Uh fines. Um all orders of the board are appealable within 30 days to the 11th judicial circuit court of florida. And we're going to call the first case. Did you want to handle the special matter first? Yeah. >> so so the. Are they here yet? >> yeah they're here. >> they did check in okay. He checked in. So the special matter there's an elt and then to be heard and that's it. All right. First case page 145 extension of time case number 001. Calling the special appearance first right. Special appearance and then to be heard. Okay okay special appearance which is the add on case is case number 00063587 property address 3005 washington street. Okay got. It on the screen. It's on the screen. >> good evening. Please state your name for the record. Madeleine diaz. Can you put the microphone. Madeline diaz. And your capacity here. I'm representing the owner. Okay. >> are you an attorney? No. >> okay. >> I have a power of attorney. Okay. >> all right. Um, so this case, uh, back in 2023 came before the board. It was a I believe it was a short term rental case. They were found in violation of the short term rental. They were also assessed and irreparable harm fine. Irreparable harm fine was appealed. Um, and the court of appeal uh, returned its decision on it and they did not find that the order or record appropriately set forth at the time the facts and conclusions of law um to allow the irreparable harm fine to continue um and so they they requested that it be or actually requested they ordered it be reset and remanded to you all for further findings. Um and so based upon um the record um that the city has in terms of testimony or lack thereof a new board now uh not the same board that was present at the time um, to in order for you to work on a remand to do it that the um irreparable harm find in this particular instance be set aside the adjudication still stands they have brought it into compliance and that's the city's recommendation. Okay. >> so do we have a motion to vacate the irreparable harm. Set it aside, not. Vacate or set it aside? Um, as set forth in the appellate case 20 2368 ep zero one um and that was originating from case number 00063587. Uh so moved but I do have a. Second I do have questions the MADAM Attorney does so the adjudication is still guilty and. Yes and the. So so it's guilty do we know if this is was this a repeat. No. >> so it's the first time. Yeah it was not listed as a when I looked it was not a repeat and they complied. Okay and does it I obviously we didn't get a chance to read through this document but does it give information as to why the irreparable harm fine was assessed to begin with for a first time. That was the issue. There's no there's no. That was the issue. A record was not clearly laid and so that's why they sent it back to remanded and basically we'd have to have like a new hearing and do all the do all those kinds of things. Okay those are my questions. So sort of in the interest of justice and everything else it seems. Oh and last question and we know that today there's they're not doing the short term rentals. I couldn't tell you that we know that the case is complete and there's no new [Laughter] Open cases or complaints that we're aware of. So you know, people could be doing a lot of things but we're not aware of it okay. So no I mean they're in compliance as far as I know. We had a first and a second. All in favor I. Thank you. Next case extension of time page 145 case number 00105081 property address 3500 north miami avenue page 145. Good evening. Good evening cecilia hagerman llp offices at 98 southeast seventh street. Yes. >> and how much time are you requesting? 90 days. >> okay. And what's left to finish? So just briefly just. Briefly what's left to finish is that durham is now requiring even though we're reducing the amount of seating they're requiring a grease trap update and we're kind of okay. Yeah 120. They are under they are in the application applicant correction phase it recommends 120. So moved. Second we have a second. Second all in favor 120. Days thank you. Our other extension of time complied so. >> won't be here. So the next phase is going to be um the hearing on your violations when you you plead guilty or not guilty but it's not guilty if you plead guilty you MAY plead guilty and then ask us for additional time to deal with your issue. You're not pleading guilty as to whether or not you caused a violation. You're pleading guilty that the violation existed on the property. There's no it's not an intent here. It's just if the roof was bad, the roof was bad. It doesn't necessarily mean that that you caused the roof to be bad. So when you approach we're going to ask you guilty not guilty. If the property was in violation I would assume it's guilty and then you're probably going to ask us for additional time to take care of your problem. So that'll help us move through things quickly okay. Next case to be heard okay. Um, page number 80 property address 00143599 property address 4500 northwest 17th avenue. In this particular case, the city is only moving forward with work without a permit and not the encroachment. Okay good evening sir. Good evening. >> MAY it please the board for the owner? Yes sir. And are you pleading guilty or not guilty? Well, at this point I need to do some more digging. Am I clear I can pick a spot. Sorry. >> can you please speak into the mic? I can't hear you microphone. Can you speak into the microphone? >> thank you. I'll say not guilty. Not guilty okay city can you present your case? And we actually requesting a time to actually explore. >> what was that sir you have to speak into the microphone. We request an extension of time to explore what we need. >> to do. That's why when I just gave my speech I said you could plead guilty or not guilty if the if the property's in violation then it's guilty the property is guilty. It's not again you're an attorney right? Yeah okay there's no intent required here no mens rea it just simply saying the property was guilty and then if you're going to need additional time you tell us okay the property obviously was in violation but we need additional time to to address it if you if you're telling us that the property is is not in violation of what the city is saying it is and you're going to present substantial or substantive evidence to overcome the evidence that the city presents. Then we go to a mini trial. That's what we're going to do. So I just want you to understand the process because it's it's different. it's a very low burden compared to probably what you're used to but that's how it goes. So there's no extension of time request at this point it's already passed. This is an adjudication phase. Well um in that case then let me rephrase that. My issue is that I'm not clear that there's a there's a clear violation here. Right. So my first option would have been let me think about that. Let me explore it because I don't believe that we have a guilty here. What we wanted to do is have an extension of time to spend some time on the property, have some discussion with the city and see if there's something here we can actually. Do okay. >> let them present their case. Go ahead. All right so it's a not guilty plea. Guilty plea. Inspector, please state your name for the record. I speak to city of miami north office. Did you prepare pages one through 44 in order to prepare for this evening? Yes. >> okay. >> and, uh, the first several pages here involve the notice of violation as well as the summons for tonight. Is that correct? That's correct. And so I'll flip to those copies. They were sent certified mail to the owner and posted at the property. Both of them correct? Yes. >> and your affidavit of posting and mailing are also included in the beginning part of the case. Yes, yes. Uh, the initial complaint for this property came from where. From uh next door neighbor. A neighbor okay. Yes. >> and they provided you surveys and that's why the surveys are in here. Is that correct? Yes. >> okay. >> they have a big project coming. Okay. >> and so um, in this particular issue you pulled uh, any permitting processes for the properties. Correct? I checked there was no permit for the mechanical work done to the property. And the issue in this case is what an air conditioner? Yes, the air conditioner. But, uh, what uh, triggered the violation because, uh, the main complaint was for encroachment and, uh, the next door neighbor because they have a cbs wall coming and they said that uh, the mechanical ac is going to be on encroaching is going to be an issue to the new cbs wall. That's why we when we have to dig and find out there was no no permit for the ac and that's why we opened the case right. >> so again my question was there was no permit for the air conditioning unit and that's correct. Yes for an air conditioning unit yes. Correct. No okay. And these are your emails back and forth with the complainant. >> the complainant yes right. All right. Some are repeated okay so. Let me. The property is the what we're talking about is the blue structure to the left correct. Yes on the south side. Yeah and then here we see air conditioning. The air conditioning yes. And somebody's building in the empty lot and we have the air conditioning unit. Yes. >> and these exterior air conditioning units do not have any permits. No permits based on city record. Right. >> and you also checked laserfiche two which is part of. This I checked. I saw that that was also present here a laserfiche search. None of them had anything for outside air conditioning units. No. >> all right. And this is uh, photographs of you posting the property both for today and the original notice of violation. Is that correct? Yes. >> at this time we'll just go through it. Same pictures again. Admitted the city seeks to admit the, um pages one through 43. I just want to get to the end. One into evidence admitted. All right. Uh, inspector, have you had any conversations with the property owner? Uh, I spoke to his attorney. Okay. >> yes, yes. And did you explain what the issue was with the, um, air conditioning? The complaints? Yes. Yeah. I explained to them that, um, the fact that uh, there was no permit and also. And it appears to also be in the setback. And the setbacks. >> yes. Okay. Nothing further at this time. Good evening sir. Thank you, MR. Chair. Look, I can tell you is that my client's position was that we hired a contractor. >> you gotta bring the microphone to your phone so we can hear you. We hired a contractor to do this work and part of the application. Wait wait wait wait. You said that the property wasn't guilty. Yes. >> okay, so present your case as to why the property is not guilty. Not not what you're doing to remedy the problem. What is your defense to the property not being guilty. >> if it's if we're not going to give us some time to comply with it? My issue has been that I need some documents. My client is under the impression that the work was done. It was permitted. We don't have anything in public record. We accept that. We accept that there's nothing in the public record. I'm not sure if the document was not submitted somewhere they haven't been submitted to the city but I know there's been no inspection. You don't have it in that sense. Give us a time to actually go and comply show compliance. If not then we'll do what we need to bring it up to code. MADAM Attorney director, what's the city recommending 60 days. Our recommendation actually was going to be 120 days because they MAY have to move this to the roof or another side of the property. They MAY even try to move it in a different place and get some sort of waiver. I'm not sure they do have uh a big issue with where they can move it to. So okay. Um, the board hearing no defense to the actual uh, guilt of the violation. Do we have a motion. I move for guilty 120 days, $250 per diem. >> do we have a second? Second? >> all in favor? Aye. >> if you need additional time, there's a paper that tells you how to get additional time. Thank you. >> and at this time the encroachment was being voided because we didn't have enough evidence to go forward with that. But we did for the work without. By the way, when you come up to the podium you can move the mic it move it so you can speak into it so that the chair and the board can hear you please. Next case page 60 case number 00147668 property address 2725 southwest 19th street page 60. And once your case is called and finished that's the you do not get an order here. The order is mailed to you just so that you're aware. Good evening. >> good evening. Please state your name. Andre barakat. Okay. And is this your homestead where you live at? Yes. >> okay. >> and the property address is 2725 southwest 19th street. Correct. >> okay. >> um, are you pleading guilty or not guilty? Guilty. >> and are you going to request additional time? >> we have we have already applied for the permit. We're in the final stages of asking for the inspection I think. Let's just hear from the city inspector. Vanessa pinnacle compliance southeast office. They've been in contact with me. Their permit I believe is still in review. So they just need more time to pull their permits and be able to finalize them. >> you know about how much time or. I would say at least 90 days. They are in the corrections phase I would recommend 120 days. Do we have a motion. >> move for 120 guilty $150 per diem. Second all in favor? Aye there's a paper there before the expiration. If you need more time make sure that's timely and then you can come back. Just tell us what you've done recently. If we haven't fully approved before that date we're done. Just make sure you. Go it has to be finalized. Yeah before the deadline. Yeah. >> so you have to have all the affidavits done everything just finishing it doesn't work. You have to have the affidavits in and compliance. The city came back with the review saying that we need to give the motor manufacturer stuff, but we bought the house uh, and we didn't know that that violation came after the closing and the previous owner did not have any information about the motor or something. So we call a company they came back open everything and gave the information. We applied for the information I think yesterday and yesterday or two days ago and now they are in review. So I think after that we should be good and be. Very good. >> thank you okay. Thank you so much okay. Next next case page 54 case number 00139586 property address 2148 northwest 17th avenue page 54. Does she need a microphone to sit down? She can sit down with a microphone yeah. But yeah maybe she wants to sit down with the microphone. Mhm. >> right here in the first seat maybe you can help her. She's okay she's well she has to say her name. Okay and who's going to speak for you. Could put it on. Do you speak english. She's going to speak for you and what's your name. You have to speak into the microphone. Suzanne sheffield. Okay suzanne MISS Sheffield okay. All right. You can sit down. Okay. Are you pleading guilty? Not guilty. The property is guilty. Okay? >> you're going to ask for more time to. >> get. This, okay. Go ahead. Inspector inspector torres for compliance central office. Uh, this property was cited for nancy. You know, uh, and work without permits. It was a311 phone call that came in and, um, property owner is working on the permits for the grease trap and he's waiting for the q and a vtr. Um, so they're pretty much requesting. Also for the ac unit, right? I mean, they basically was telling me that the ac unit is part I mean there were two ac units so we ended up making the determination me and the supervisor [Laughter] That it wasn't. >> so the ac is okay it's just the greek shop. >> okay correct. So I'm pretty much uh given additional time to comply you know, with the work without permission and how much um 120 days. No objection. Okay. >> we have a motion. >> I move for guilty to 5120 days second. All in favor? I have 120 days and there's a paper. Make sure when you come in for more time you show that. >> okay. Thank you. Next case, page 21 case number 00127567 property address 8315 northeast second court page 21. Okay. >> yeah. Hello hello. My name is alejandro de armas and I live in deborah. This is my first time eating meat. Uh, you know, I feel guilty because I didn't mean to, you know. It's okay. To the fence and that without a permit because we had a we had a fence there before so we thought it was nothing bad. Don't worry. Okay. >> let them tell us what you need to do. Then they'll give you time to to get it fixed and figure it out. >> that's what I'm trying. We're trying to do this for a month and a half and we had a contract you know, try to get the permit but every time it goes there it turns it back. But you know what? Here you'll be able to get everybody's phone number, the director's phone number, the inspector's phone number and they'll all help you figure this out and get it done. Let the city inspector tell us what needs to get done. Yeah, this is crazy for us, you know? Go ahead. Uh, they. Need to apply for a fence permit. They have been in contact with me. Constant communication contractor shows up, you know, doesn't show up. So they have complied all the other violations on the property. We're just waiting on the fence. >> so they stay in contact. With you? >> absolutely through the chair. Uh, MADAM Attorney, don't we have a ordinance, sir? How old are you? How old are you? >> 60. 65. Don't we have an ordinance that deals our senior? Excuse me 67. Our elders don't we have an ordinance or a city code that allows us to. Well, some of their fees are waived. Correct? Correct. Yes. There are certain waivers for permits for people who are over a certain age. Yes. And have under a certain income. So you gotta meet both. Okay. Um yes that does exist and I'm sure that [Laughter] The assistant director can be very helpful with that. >> not only. That yeah. I would. Yes that is correct. Commissioner also can assist them. They have in different areas they have in their proper offices what used to be net offices they have they can make appointments and they can go there and they can help you with the entire process. So I think that um you might be able to guide them with that. The city recommends 120. I move for guilty one 5120 days. Second all in favor? Aye you have 120 days. But if you need more time there's a paper. Come ask for more time. If you need more time to get it fixed it's right there right there. Right. >> and get the numbers of everybody so you can get help. >> the director. Thank you. >> thank you. >> okay okay. Yeah. Next case page 69 case number 00146659 property address 7326 biscayne boulevard page 69. Biscayne. >> moonshine. Good afternoon. Um, the. Okay. >> there's two. >> of us. >> okay. >> what's your name? I'm the owner, thomas hyder. Okay. >> that's my wife jocelyn. Hello. >> own the property. Okay. >> uh. >> guilty or not guilty? Guilty, sir. Okay, so you're going to ask for time to get things straightened out? Um, actually. Uh. >> I already filed a complaint yesterday with my attorney and I brought a copy for you guys. A complaint complaint? Yeah, a lawsuit. We're we're, uh, terminating the lease. >> oh, okay. So let me hear from the city that way they tell us what you need to do. Okay. Hold on. >> go ahead. We'd like to have 120 days. Thank you. I'm sorry. Compliance central. Um, the violation was referred by the fire department. Um, the business that's currently located at the property does not have a certificate of use. And when I actually go on the property, I come across this other violation as well. But I cite them for no no and work without a permit and also um because it's historic. So they need approval from the historic board to legalize the signage outside the property and um the the owner has been in contact with me. Um, keep me updated on everything. So basically they already obtained a permit to legalize the business because they need to change the use of the business. So that's where they're at right now. So my recommendation is 120 days to comply. City recommends also 120. So the city is recommending 120 days. Thank you very much. Do we have a motion. >> I move for guilty 120 days two $5,250 per diem. Thank you. second all in favor? Aye aye. I don't want to get the paper in case you need more time. Got a question, MR. Chair? You make moonshine? No. >> no, I own the sunshine next door. Um, and I bought. The building. >>