Ticketing Appeal Hearing (Special Master)

Ticketing Appeal Hearing (Special Master) — February 19, 2026 - 9:11 AM

hear today's cases. It is required that all persons who are going to testify as to the facts be placed under oath, including the code enforcement inspector, the code enforcement inspector and each alleged violator will be placed under oath. But first please rise and join me in reciting the pledge of allegiance and then remain standing in order to be placed under oath. I pledge allegiance to the flag of the united states of america 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. Do you solemnly swear or affirm the testimony you are about to give? Is the truth, the whole truth and nothing but the truth? Thank you. You MAY have a seat. I have a [Laughter] [Applause] Few opening remarks before we actually start. Oh, okay. I'm okay if you call this one first. Okay. >> 31. >> so then we'll do that one first and then we'll do this one. As as I was saying I have a few opening remarks before we actually start the official hearing. Please pay attention to these remarks. These hearings are conducted by the city of miami hearing officer which I've been appointed to hear today, the purpose of which are to give the alleged violators the opportunity to appeal the decision of the code enforcement inspector which resulted in the issuance of a civil violation notice. These hearings are conducted in a quasi judicial manner and I am the hearing officer assigned to hear today's cases. My responsibility is to act much like a judge in court that is to hear the evidence in cases presented by the code enforcement inspectors and then hear the evidence presented by the alleged violators. These hearings are open to the public. These hearings will not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence will be admitted if I find it to be competent and reliable regardless of the existence of any common law or statutory law to the contrary, all documentary evidence must be submitted for placement in the hearing file. No documentary evidence will be considered unless the alleged violator or the code enforcement inspector submits a copy for the hearing file. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not considered in the direct examination. You will have a right to impeach any witness regardless of which party first called the witness to testify and to refute the evidence against any witness. It is my responsibility to make findings of fact based on the evidence of record the fact finding determinations of the hearing officer are limited to two first whether the violation did occur and secondly if so whether the person named in the civil violation can be held responsible for that violation in order to make a finding upholding the code enforcement decision, I must find that a preponderance of the evidence indicates that the alleged name violator was responsible for the violation of the relevant section of the code as charged. If I affirm the decision of the code enforcement inspector, my order will specify the amount of the civil penalty and the amount of administrative costs of the hearing. The alleged violator or the city of miami MAY seek to overturn the order of the hearing officer by appealing the order to the miami-dade circuit court, appellate division within 30 days of the issuance of the order by the hearing officer after the code enforcement inspector has presented his or her case and you have presented your case, I will consider the evidence and render a decision .This concludes my opening remarks. We will now commence with the proceedings. The clerk will now introduce the first item on the agenda. Page 31 property address 77 four northwest 32nd street. Morning. >> right up to the podium and if you need to lower the microphone you can do that too. I'm talking on behalf of my mother because she didn't speak english. It's her property. Do you want to give her a mic? Do we have a mic or no okay. I don't need it. Thanks. >> yes go. Ahead I. You don't have to sit up. You don't have to stand up. [Laughter] Good. >> can you. Ask her if she wants you to speak for her? Yeah. >> see? >> and her name? Rosaura. >> whole name rosa. Okay MISS Ortiz. Okay, sir. Can you state your name please? Jose santos okay. >> and your relationship to MISS Ortiz. My mother. Okay. >> and, uh, what's your mother's address? 774 northwest 32nd street. Okay. >> MR. Santos, it appears that your mother's property, uh, [Laughter] Located. Whoever made this packet, it's backwards again. Um. Yeah, but I'm trying to. Where is. Okay. Your mother's property at 774 northwest 32nd street was cited by the city of miami. For dumping littering on right of way alleys, sidewalks or on private property. It appears that the violation was complied back on DECEMBER 22nd, 2025, but the amount of the citation remained unpaid. You had an opportunity to speak with the city this morning and you your mother wishes to settle this matter with the city, is that correct? Yes. And after speaking to the city, your mother has agreed to settle this matter for $150. Is that right? Yes. And did she freely and voluntarily enter into that agreement with the city then based on your statement today I will sign an order settling this matter for $150. Thank you. And if you come forward you can get a copy of the order and maybe she can she sign that? MISS Dooley, is it okay if he signs for her? Yeah. >> it's fine. page 51 property address 50 southwest 17th road. Case number 00149283 property address 50 southwest 17 road page 51. Sir, can you step to the other side? Good morning sir. Good morning. Could you please state your name and address for the record. Yes I am 50 southwest 17th road miami florida 33129 I'm the PRESIDENT Of downtown inc.. PRESIDENT Yes okay. Thank you. It appears that um the property located at 50 southwest 17th road which, uh, has a business occupying that location the shul of downtown inc. Was cited by the city of miami for tree removal, trimming root pruning without a permit. You've had an opportunity to speak with the city this morning regarding this matter and you wish to settle it. Is that correct? It is correct. But for the record, I had the permit. You have a permit? >> I had a demo permit on my demo permit plan is the tree removal number three specifically right over here and it says. He wants to have his hearing. He can that's not what it says I've tried to explain that to him but I'm more than happy to have his hearing okay. He had a demolition permit but he did not have a tree removal permit as part of that. That's part of his later mitigation and in their new construction permit they actually have the tree mitigation that they will be removing trees. They just removed this one early. >> and that is true everything that you said but in the demo permit it was placed there. there was a mistake that was made by the city of miami. It is not a mistake that the the city made there is there is no mistake here. So if we'd like his trial more than happy to. Sir, it's it's up to you. You have a right to to go to trial. I just want to for the record for the record is there no mistake on this? It doesn't say number three to be removed. There is no mistake on it by it saying number three to be removed does not mean that you get to remove it in the demolition permit. In fact, in all of the language I showed you it stated specifically as part of your demolition permit no trees were to be removed. Your own arborist [Laughter] Report says the tree shall remain okay. You have to have a separate tree permit to remove a tree during demolition which you were not aware of. Did you get I understand that you pulled a permit for demolition. Correct. And and you're you're claiming that it shows it on on the plan and as a result um, you believe that it was covered within. That not only that it shows all the other trees and all the other trees to be moved or mitigated. But this specific tree it shows to be removed and this specific tree has its own box that says existing trees to be removed. Number three but I'm not going to argue with the attorney because like you said it's I didn't have a tree permit with my demo permit but that's what I was. Going to ask you. You didn't have you didn't have the permit to um for the tree. Removal demo permit. The tree removal is part of the demo permit. >> it is not part. >> of. Okay, okay. >> it's just I just don't. >> know what else because I'm not arguing with her. But there's a mistake by the city of miami. Okay. Well, I understand you're saying that, um, I can hear all the facts if you want this this is your opportunity. Not right now though, because I'm going through the settlements. If you don't want to settle this and you want to, you know, tell me all the facts. Um, but it appears that you need a permit a tree removal permit and so you're going to have to get a tree removal permit. Do you understand that? All right. All right. So but I need to ask you these questions so if you don't want to settle it's fine. You don't have to I don't want you to feel as though, you know, you're being, uh you know, strongarmed here if you want to have a trial, I'm more than happy at the end, which shouldn't be too long because there aren't that many people here. >> I'd like to have a trial. >> you'd like to have a trial? >> there's one before him. Okay. Oh. >> page 49 property address 729 northwest 55th terrace. Case number 00151226 property address 729 northwest 55 terrace page 49. Good morning ma'am. Good morning. Uh, could you please state your name and address for the record? I'm sorry. >> you reckon my name. >> your name. Nejad nasir. Okay. >> and what is your relationship to north 729 llc? I'm the manager and the owner of the property. We verified that MISS Dooley owner? Yes she is. Thank you. Um, and your address? The property address is 729 northwest 55 terrace miami. Okay. >> um, it appears that your property located at 729 northwest 55th terrace was cited by the city of miami for tree removal, trimming root pruning without a required permit. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city. Thank you for giving me the opportunity. I'd like to settle but I need to explain a few words to let you know what was the reason. Okay? And it was an honest mistake but it was a two trees. One was umbrella which is prohibited species and the second one is a sabadilla and the roots were going under the building but still we didn't know we were the first time owner and we are replacing six more trees because we are working on that building in city department on for the other building in second avenue and we are pulling permit for everything and the lady explained to us you must plant six more trees and she gave us all the pacification and we are working on it. Okay. >> so I think this fine should be forgiven because of you know, me not knowing and then obeying the law by planting six more trees. Okay. >> um as was explained earlier, there's a saying in the law that ignorance of the law is no excuse. So basically even though you didn't know that doesn't mean that you know, you get a get out of jail free card. Okay the violation um occurred and do you want to settle this or do you want to go to trial? You want to settle? >> no, no I want to settle it. Okay. >> and you've had an opportunity to speak with the city today and after talking to the city you agreed to pay $1,000, is that correct? Yes, ma'am. Okay. >> and did you freely and voluntarily enter into that agreement? I'm sorry. Did you did you did anybody make you settle this or you're doing this because you want to. Know me and my son. We decided to settle it so we can go forward. Okay. >> completion of the building. All right then, based on your statements today I'm going to sign an order settling this matter for $1,000. Okay. Thank you. And if you come forward, you can get a copy of the signed order. Okay. Thank you. Thank you. Page 63 property address 580 northwest 42nd street. Case number 00150571 property address 580 northwest 42nd street page 63. Good morning. Could you state your name and address for the record please? Victoria szilagyi 518 northwest 42nd street okay. >> and what is your relationship to yolo miami? She's one of the owners. Okay. Um, it appears that your property located at 580 northwest 42nd street was cited by the city of miami. For failure to obtain a permit to trim, remove or plant vegetation in the public right of way. The city cited you for that violation. You've had an opportunity to speak with the city this morning and you wish to settle the matter. Is that correct? Yes, I would like to settle it. It was just like the lady in front of me. It was an honest mistake. I for some reason I thought if it's under 25% uh that we're pruning we don't need any permits but lesson learned won't happen again. Honest mistake. I would like to settle it and move forward. Okay. >> and, um, did you freely and voluntarily enter into a settlement with the city to settle it for $100? Yes. Okay then based on your statements this morning I'm going to sign an order settling this matter for $100. Thank you. Come forward and get a copy of the signed order. Page 15 property address 2980 west trade avenue. Case number 00150231 property address 29080 west trade avenue page 15. Good morning sir. Good morning. Could you state your name and address for the record please? Luis borello 29 west trade avenue, coconut grove, florida 33133 okay. It appears that your property located at 2980 west trade avenue was cited by the city of miami for dumping littering on right of way alleys, sidewalks or on public property on private property. I'm sorry that violation was complied back on DECEMBER 18th of 2025, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding the payment of the citation and after talking to the city you wish to settle this matter, is that correct? That's correct. But I'd like to make a quick statement if I could. Sure. >> okay. >> uh, I know ignorance of the law is no excuse to break it. I've lived there over 30 years. I put two broken down amazon boxes on the corner to be removed and the trash area it cost $525 for that mistake. I'm a senior citizen. I find that that's very excessive for what I'm being charged for and I just want to make that clear I just I've lived here over 30 years. I've never never. I understand but this MAY also teach you a lesson and I'm going to tell you what that lesson is. Um, you should remove any identifying marks on the boxes. Um, I will tell you I've I've heard cases numerous times and you don't know how many times um, garbage or debris ends up at somebody else's property blocks away but could have your address on it. I have four photographs over the last four weeks of boxes and trash in the same spot that I was cited for, and I'm sure those other people weren't cited and the labels are clearly on the box. You know what you can call code they can let you know no seriously if you have the photos because and part of the and part of the problem also is that once once the neighborhood sees debris in a certain location, they think that it's okay to keep putting the debris there and that's the problem. It's almost like making a mountain out of a molehill and the more it grows the more problem it becomes. But I understand you've spoken to the city today regarding settling this matter and after speaking to the city you've agreed to settle it for $250 not the 525. Is that correct? Yes. >> okay. >> did you freely and voluntarily enter into that agreement? Yes. >> okay then based on your statement today, um I'm going to sign an order settling this matter for $250. Thank you. And if you come forward, you can get a copy of the signed order. 754 250. Page ten property address 1055 north west 61st street case number 00149349 page ten property address 1055 north west 61st street. Good morning sir could you please state your name and address for the record. Anthony howard 1055 northwest 61st street 33127. Thank you, MR. Howard. It appears that your property located at 1055 northwest 61st street was cited by the city of miami for dumping littering on right of way alleys, sidewalks or on private property. The area was cleaned up back on JANUARY 30th of 2026 but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city, is that correct? And after speaking to the city you've agreed to pay $250 to settle this matter? Yes. >> did you freely and voluntarily enter into that agreement with the city? And based on your statements this morning I'm going to sign an order settling this matter for $250. Thank you. And if you come forward you can get a copy of the signed order. Page eight property address 724 northwest 47 terrace case number 00149247 property address 749 northwest 47th terrace page eight. Good morning sir. Good morning. >> could you please state your name and address for the record? Yes my name is carlos 724 northwest 47 terrace. Okay. >> and what is your relationship to hmm development group llc? I'm the owner of the company. Okay. >> it appears that your property located at 724 northwest 47th terrace was cited by the city of miami for a tree removal trimming root pruning without a required permit. Yes. You've had an opportunity to speak with the city this morning regarding settlement, is that correct? That's right. And after speaking to the city you've agreed to pay $500 to settle this matter. Is that right? Yes. >> and did you freely and voluntarily enter into that agreement with the city? Yes. Then based on your statements this morning I'm going to sign an order settling this matter for $550. Okay. Thank you. And if you come forward and get a copy of the signed order. Page 46 property address 1327 northwest 33rd street case number 00090821 page 46 property address 1327 northwest 33rd street. Good morning sir. Good morning. Could you please state your name and address for the record? Sure. >> jesus rivero 1327 north west 33rd street miami florida 33142 I'm here for my father. Okay. >> do you have a proper power of attorney? Yeah, we cleared that. Okay, let me just MR. Lee, he has. Okay. Um, it appears that your father's address at 1327 northwest 33rd street was cited by the city of miami for dumping littering on right of way alleys, sidewalks on private property. The area was cleaned up back in AUGUST of 2024. That's correct. But the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding settling this matter, is that correct? Yes. >> and I'm sorry you're going okay. And after speaking to the city you've agreed to settle it for $250. Is that right? Yes. >> and did you freely and voluntarily enter into that agreement with the city? Yes. >> okay. >> is there something that you would like to say? Um, the dumping was there but uh, there because there's a tenant house where people live but you know, people work in construction and somebody dumped the I guess one of those paint buckets and that's probably what occurred on that situation but there's no problem. Okay? >> just like you said, we have to be the law but sometimes it's out of out of control, you know? No, I understand that. But, um, you know, it MAY help to put cameras up. I don't know, I mean, you own the property so ultimately you're responsible. But, um, cameras have come down. The cost of cameras have have come down in the last few years. Um, and if there is illegal dumping there if it's you know, obviously if it's one of your tenants then you need to talk to your tenant and tell them. Well we got rid of that one okay. And I understand that it was it was a while ago it was like a year and a half ago. Right correct. >> I understand but for some reason it took this long for it to to get calendar for today. Right, right. Okay. Um but based on your statements today I'm going to sign an order settling this matter for $250. Thank you. I think there was another one. I don't know if you took care of both of them. There's another one too there I don't know. I see that there's a second one. No, this was this was the first one. There is a second one on page 46 because that one also you spoke to the city. Same thing. Okay. Um let me let me just want to read that into the record page page 46 that was 43. There's a 46 as well. Was that 46. No we're going to read 40 I think we just read I'm sorry we read 46 and then 43 is the next one. Okay page 43 property address 1327 north west 33rd street case number 0093846. Okay again name and address. Jesus rivera 1320 705 33rd. Street okay. It appears that your father's property at 1327 northwest 33rd street uh, was cited for also dumping littering on right of ways alley sidewalks on private property. That area was cleaned up back in JUNE 21st of 2024. Correct. Um but the civil citation remained unpaid. You had an opportunity to speak with the city this morning regarding settling this matter, is that correct? Yes, ma'am. >> and after speaking to the city you've agreed to settle it for $250, is that right? That's correct. And did you freely and voluntarily enter into that agreement with the city? Yes. >> okay then based on your testimony this morning I'm going to settle this matter for $250. Thank you. And if you come forward and get a copy of both orders. Page 17 property address 5116 northwest third avenue case number 00150394 property address 5116 northwest third avenue page 17. Good morning ma'am. Good morning. Could you state your name and address for the record please? I'm sorry. Your name and address for the record. Is fuentes 5116 northwest third avenue. >> she has a proper power of attorney. Okay. >> very good. It appears that the property located at 5116 northwest third avenue was cited by the city of miami for tree removal, trimming root pruning without a required permit. You've had an opportunity to speak with the city this morning regarding settling this matter. Is that correct? Yes. >> and after speaking to the city you've agreed to settle it for $750, is that right? That's correct. And did you freely and voluntarily enter into that agreement with the city? Yes. >> okay then based on your testimony this morning I will enter an order settling this matter for 200 for $750. >> okay. And if you come forward and get a copy of the signed order. Okay. Thank you. Page 60 property address 20 200 tigertail avenue. Case number 00151562 property address 2200 tigertail avenue page 60. Good morning sir. Good morning. Could you please state your name and address for the record? Yes, sir. MR. Rangel 2200 tigertail avenue. Okay. >> your ernest rangel. Um, MR. Rangel, it appears that your property that you own at 2200 tigertail avenue was cited by the city of miami. For dumping littering on right of way alleys, sidewalks on private property. The area was cleaned up back on JANUARY 8th of 2026, but the civil citation remained unpaid. You had an opportunity to speak with the city this morning regarding settling this matter, is that correct? Yes. And after speaking with the city you've agreed to settle it for $250, is that right? Yes. >> and did you freely and voluntarily enter into that agreement with the city? Yes. >> okay then based on your statements this morning I'm going to sign an order settling this matter for $250. Okay? Yes. Thank you. If you come forward and get a copy of the signed order. Well, I don't know if they're talking there or what. Um. Thank you. Just checking. >> a durable power of attorney. Okay. Okay. Perfect. So. Um. Let's make sure. We just have