Code Enforcement Board

Code Enforcement Board — November 18, 2025 - 5:00 PM

Tessellating captions. Ed to remain standing to be sworn in. >> If you intend to testify tonight, please raise your right hand to be sworn in. Do. You solemnly swear or affirm the testimony you are about to give is the truth, whole truth, and nothing but the truth, so help you GOD? Thank you. Translator? Do you solemnly swear that you will translate from Spanish to English. And English to Spanish to the best of your ability? Thank you. >> [In Spanish. ] >> Good afternoon. >> Do you solemnly swear that you will translate from Creole to English and English to Creole to the best of your ability? Thank you. >> [In Creole. ] >> Do we want to start with roll call? [Roll call. ] >> We have a quorum, MR. Chair. >> We are going to call the nuisance abatement, first. >> Good afternoon. We have nine cases. I think we have five statuses, four hearings. So the board knows, the notices were mailed out. I don't have proof that they were posted; therefore, if the owners aren't present I will request a reset. I have statuses on two of them. We'll start with the first, 1458 Northwest 69th Terrace. Page 6. I know the owner was previously deceased. I don't know if anyone is here on that property's behalf. Seeing no response, I'm going to request a reset for 30 days which should be the DECEMBER- let me grab the date. DECEMBER 16 nuisance abatement agenda. >> Is that the third week? >> Sorry? >> We do it on the third week? >> Yeah. >> Motion to continue? >> Second. >> All in favor. >> Aye. >> Second case is page 38. Property is 7001 Northwest 15th Avenue, Apartment 19 and 21 Calling for the owners of 7001 Northwest 15th Avenue, Apartment 19 and 21. Seeing no individuals coming up, the city is going to request a reset to DECEMBER 16th. 30 day reset for status. >> Do we have a motion. >> I move as stated. >> Second. >> All in favor. >> Aye. >> Next case, page 135, set for status. 7101 Northwest 7th Avenue. The owners were present and indicated they were in compliance. This was pled.. N MAY. We had a couple statuses. We want to make sure the property is in compliance. We will move to reset for 60 days, JANUARY 28th. >> MR. Chair, point of information? >> Go ahead. >> Can you give an update on the previous statuses? >> The plea was in MAY, it was reset to JULY. There was no status. It was reset to SEPTEMBER, there was no status. It was reset to OCTOBER but there was no quorum, so it was reset for today. >> The property owners are not here? >> They were present. I let them know. My neighborhood resource officer is not present; their unit is caught in another assignment. I didn't want them to stick around. If you prefer in the future that I- >> The only reason I'm highlighting is because all nine of these cases are in district five. We've talked before when we talk about improving the quality of life in the City of Miami, particularly district five, which I represent, it's not fair to law enforcement officers doing their hard work and we keep resetting. I am always thinking about the quality of life and how we've been impacting our residents. I want us to do something. If somebody is not being complaint I want to do something about it. >> Right. In the other cases, there is noncompliance. Notice was not posted so I can't do anything. In this case, they are in compliance. The owner has been present on multiple occasions. >> Thank you. >> Do we have a motion? >> So moved. >> Second. >> All in favor. >> Aye. >> Page 187, 1278 Northwest 58th Terrace. Calling out for the owner of 1278 Northwest 58th Terrace. I have two detectives present to testify. Based on the information that there was no posted notice I will move to reset 30 days to 12/16. >> So moved. >> Second. >> All in favor. >> Aye. >> Next case appearing on page 227. Property is 611 Northwest 65th Street, set for hearing. Same thing. I don't see any owners present. The city is going to motion to reset the matter for hearing, 30 days to DECEMBER 16th. >> Move as stated. >> Second. >> All in favor. >> Aye. >> Can I just ask for my own education? Why are they saying there's no notice? >> Notice was mailed out. I have no confirmation it was actually posted. >> [Unclear.] >> It was mailed. I have no confirmation it was posted, which is required 10 days before the hearing. It likely was but I don't want to say it was when it MAY not have been. >> Right. >> I apologize. >> [Unclear.] >> I'm going to be on top of it for the DECEMBER hearing. >> That's something we physically post on the property? >> Correct. Next case is appearing on page 278. 1283 Northwest 59th Street. Calling for the owners of 1283 Northwest 59th Street. Seeing no response, the city is going to motion to reset the matter for hearing in 30 days, DECEMBER 16th. >> So moved. >> Second. >> All in favor. >> Aye. >> Next property is on page 319. Property address is 5912 Northwest 2nd Avenue. I do have an update on this complaint. It has yet to be set for hearing; however, there's been continued communication with the owners and the NROs. I believe this case was filed awhile ago, in JUNE. For whatever reason, I think it was reset. The owners were out of town so the hearing wasn't until OCTOBER but there was no quorum. However, there's been continued compliance. They've been in constant communication with the neighborhood resource officers and myself. All the conditions in the order have been met. Based on the recommendation of the police department the city will withdraw the complaint based on compliance. >> What was the property address? >> 5912 Northeast- >> Northwest it says here. >> Northwest? >> That's what it says in our booklet. Is it Northeast or Northwest? >> Sorry, Northwest 2nd Avenue >> Can you inform what the compliance is in this case? >> The compliance would be- normally it's to meet with an. Ro within a week. They contacted my office shortly after the complaint was filed. Any and all landscaping for this property, I don't believe there was any landscaping interfering with the site. However, there was a "No trespass" sign that was installed. They met with officers to fill out a trespass affidavit. As far as I know, there was information about-it was a commercial business at this time and my understanding is the tenants were actually evicted and they were in the process of securing new tenants. As it stands, the previous tenants are not occupying the property. >> Do we have a motion? >> So moved. >> Second. >> All in favor. >> Second to last case, 1505 Northwest 68th Street. 1505 Northwest 68th Street. Seeing no owners present, the city is going to motion to reset the case for 30 days for hearing, DECEMBER 16th. >> So moved. >> Second. >> All in favor. >> Aye. >> Before you move on, the prior case that you withdrew, do you guys want an order? >> Not at this time. I'll reach out if I need one. Last case. Excuse me. Set for status, it's appearing on page 415. Property address is 1721 Northwest 55th Street. 1721 Northwest 55th Street. Seeing no owners present, I believe this was a case where there was noncompliance. I don't have proof of posted service so I'll motion for reset in 30 days. >> Move as stated. >> Second. >> All in favor. >> Aye. >> That concludes the nuisance abatement agenda. Thank you. >> That concludes the nuisance abatement portion. >> Roll call. [Roll call.] >> Thank you. We have quorum. >> Good evening. Everybody here except for one person is here for either an extension of time or a mitigation. When your case is called, please state your name and your address. If you're here on behalf of the property owner and you have a valid power of attorney, please state that on the record. I have validated all the powers of attorney. Everybody who's called up has standing. I'm going to start with mitigation. When you come up, after you introduce yourself please explain to the board what factors they should consider and why they should mitigate. Keep in mind, many of you have this chart to look at while you wait for your case to be heard. The board is bound by this chart and can't do anything depending on the type of property it is. The board can only do so much for you. They're bound by this. You're here for an extension of time, same procedure. State your name and address. If you're here on behalf of the property owner, state that as well. Explain to the board what you've done, ask how much time you need. Start thinking about how much time you need while you're waiting. The city MAY make a recommendation as to how much time they think. Maybe more than you think you need. That works out for you. The board will vote and you will either have an extension of time or you won't, depending on the circumstances. Any sma >> If you need additional time beyond the extension of time, the same way you requested the extension for today on the city of Miami's website, you can [Unclear. ] [Away from mic. >> Code check to be heard, page 5. Case number 144745, property address 41 southeast 5th street, unit 2217. Paige 5. This is a to be heard. We have one to be heard today? >> Good evening sir. State your name? >> [Unclear.] >> You are here on which property? >> [Unclear.] >> Please speak into. The microphone. >> On behalf of 41 southeast 5th street, 2217. >> Are you pleading guilty or not guilty? >> Guilty with an explanation. Not an extension. We received notice on OCTOBER 7th, and we cured by OCTOBER 9j. ... >> We'll hear a synopsis from the city. >> I don't believe they're complied. They might think they are, but they're not. Go ahead, inspector. >> Good evening. After hours division. We received a complaint in the hotline. I took my bodycam. Short term rental activity was taking place here. I spoke to two tenants that had just arrived, and they were there for 4 nights. I also had testimony from employees about the traffic going in and out. I matched an Airbnb link with the listings, some of the furniture and the walls. The contract showed they were there for 4 nights. >> You want more? Keep flipping? >> Sometimes it helps! >> Inspector, what is the name of the building? >> Brickell on the river souj.. ... I did speak to [Unclear. ] He left a message with me on the 12th. The compliance date was on the 9th. He left me a message on the 12th. I returned his call on the 14th. The link is still active. He changed it to 30 night minimums, but the link is still active. I told him he shouldn't be engaging in the activity. I took some screnshots. ... >> Why can't you have a 30 day listing? >> This building is nontransient lodging. I think we've been through it. Hold on. Let me pull up another screen. ... So, 30 days or less is a vacation short term rental. We know they can't do that. With more than 30 consecutive days, it's nontransient public lodging only if it's 30 days each. This building is not a co are cu for that now. I know they're working on changing that. I believe this owner can apply to rent it in the manner that they want to, but just changing it to 30 days doesn't bring them into compliance with statuet atute and city code. >> They would have to change the whole building. >> Not necessarily. It depends on the certificate of occupancy. These are owned, condominium units. Currently, most recently on the city's website at miami. Ov. Com, on "short term rental", you can pull up the listing. The applications are there so that unit owners in larger buildings, where by zoning right they could have the option to do js.. ... They just have to make sure that their building has a certificate. Of occupancy. Many buildings can't allow that because they were built more recently, without ada upgrades. The building has to have a certificate of use to allow keepTwos. Those things, the condominium docs have to allow it, and each unit owner has to apply for a certificate of use for that rental. There are a limited amount of units that can do it in each building. They can't all do k.. ... It might be less than 25% of units that can do it. It depends on the number of units, how many units you can have. It's appreciated that they're trying to extend things out, but the reality is they need the licensure to do that. Otherwise, it has to be rentals that go in that building, which would be residential use. Lodging. So, the entire building has to have the proper cu in order. ... >> [Unclear. ] >> That's what I meant. >> In most cases, just a change of their certificate of use. >> One item to add was that the neighbor who originated the complaint is here to testify. >> They've been doing the short term rental by the website? >> I couldn't give you an exact date. Several months. There are listings for reviews that go back several years, but I don't want to guess. >> Thank you. >> Let's hear from them. Nclear. ] Explain what's going on. What is your position? >> We received this notice on OCTOBER 7th, stating we were in violation of the policy. We had notice to cure by the 9th, which we did. The tenant had to leave by the 9th. >> You had to remove the listing? >> I wasn't told to remove the listing. I was told that it has to be 30 days or more, and that's what we did. We cured per the notice, and I informed the inspector. The inspector said that I need to show up for the hearing. That's not what the letter states, but I'm here. >> It sounds like the unit has to apply for a particular cf. Tificate... >> Do you have a certificate? >> We have applied. >> You don't have it now. >> No. We're not doing short term rental. >> You can't do 30 day rentals either. If you have more than 4 units in a building only doing 30 day rentals, you now become transient lodging. Honestly. ... It can be very confusing to figure out all the lodging. Just to let you know, on the short term aspect, less than 30 days, absolutely not. But that building has to get its act together and decide what it wants to do. What will its certificate of use be? That's a building decision, not a legal department or code enforcement decision. It's what they'll allow in their condominium docs and everything else. >> It has to come down. You don't have the right co. You have to get your paperwork in order. How long will it take you to get that stuff. .. ? >> The site down? >> Tomorrow? >> Let me make a correction. The building has to do paperwork as well, not just the unit. The entire building has to do the proper certificate of occupancy, [On screen. One unit. No matter the time you give him, the building has to comply, and that's not the case before us today. >> For me, this is confusing. If he's saying "according to the building by law", that's one thing. Then we're saying that the building has to apply for those particular rights to do it. There's only a percentage of the building that can do it, and it has to be a 30 day max.. .. Or minimum 30 day. Maximum 30 day according to state statute. >> They could do less than that if the building gets the certificate. Of use for it. Once the building has the certificate to allow jt.. ... They can have by laws to allow them to do everything in the world, but without the licensure to do that, they can't legally do that. In the applications, the build ng has to submit and sign an affidavit for every application. They have to say. ... Say you get to the point where you have approvals and people have their CUs. They have. To write out all the approved units and their CUs. "These are the amount of units we are allowed to rent in a short term, transient lodging", and they can't go over that amount. If someone new comes in to do it, and they have 30. ... They can't do it >> Have you discussed this with the board? >> Their position is that it should be 30 days or more. >> Are they in the position to get paperwork for the certificate of use? That's something they say they will do? The association or board is in favor of short term rental for the building? At is the board saying? >> [Unclear.] >> There's no minutes? >> Nothing that I'm aware of that speaks on the board's position. >> It seems like it would be discussed at a board meetg. G... Some minority of homeowners will be in favor of it. There might be a majority that's against it, I don't know. >> I don't know as well. [Unclear. ] I apologize, I don't have that information. >> The bottom line is that the building doesn't have the proper certification, and they or any other tenant can't do a short term rental. They have to abide by a regular rental, like a property. They won't be in compliance. It's not up to us what the board decides. The building doesn't have the proper licensing, so that's the bottom line of our decision today. >> I'm here concerning this notice that I rcvd. Ved... >> I understand. >> Compliance for me is taking down the listing, and stopping the activity. What do you jk... ... ? [Unclear.] >> All you have to do is remove the listings. 5 days. >> Are you okay with 5 days? >> I can give him my card to get in touch with the building department people. >> Do we have people testifying? Are they here? >> Yes. >> I think they deserve us to listen to them. >> State your name? >> Jessica. >> You reside on the 22nd floor? >> Yeah. >> Are you aware of the activities in 2217? >> Yes, not only in 2217. >> We're just here for 2217. How far is your unit from 2217? >> The most recent landlord I jk. Nk... The activity started in MAY. >> How far is your unit? >> a few feet. >> You're on the other side of the hall? >> Right next to each other. >> Okay. How long have you lived in the building? >> 2016. >> Who do you live with? >> My family. >> You don't have to give me names... Is Husband and kids. 3 years old. >> Okay. When did the issues first begin with 2217? >> So, 2217 has changed homeowners in the last few years. Recently with the last change of ownership, the issue started again in MAY of this year, 2025. >> What type of issues? >> Transient lodging, short term renters every week or weekend coming in and out. Different people. Also, a key pod installed on the door. Apparently the building with the new board has allowed keypads on the door. So, you can just have it on the door, and anyone can access the unit by entering a digital, 6 digit code. >> So you saw people coming in and out with suitcases, all hours of the night, on weekends? >> Yeah. >> What else has been going on? >> There have been parties. ... Not necessarily things we had to report to police, but noises and parties going on. Different people coming in and out of the units. >> This is a condominium that you own? >> Yes. >> From where you go to work, you take your child to day care/ >> Yes. A residential area close to a school. There have been safety concerns with the recent situation in the [Unclear] Building, right across the street from our building. >> When was the last time you had an issue with 2217, if you remember? >> With short term renters? Probably a month ago. I can't remember for sure. >> Has it slowed up or maintained the same pace that you've seen? Yeah... .. I'm not sure, honestly. I think it's been in the last few weeks since we reported, probably. How does it feel to live in an environment with different people coming and going? >> Very unsafe, especially with the nearby building, with the stabbg.. ... You're aware of, I'm sure. >> I have a question. Do you go to any of the board meetings? >> Yes. It has been rough with the board. >> Does the association say that they allow for short term rentals, or no... ..? >> What do you mean? At do the condo docs say or.. .. ? >> When you go to the board meeting and discuss it, do the members say they allow short term rentals? >> They don't say it, but they don't do anything to limit the rentals. There is a group of homeowners suing the board, because they allow the short term rentals and don't do their job in protecting our sfty.. ... And pursuing other ways to get the certificate of use behind our backs. The condo docs require 80% of owners' approval on any amendment of the condo docs. The board has been trying to get things changed with the city, zoning department, behind our backs. Ey are trying to get the certificate of use to comply with city regulations and have a [Unclear], but we bought into a residential building. It's abuse of power on their side, trying to do this behind our backs. The building, a lot of issues we have arised after the pandemic when many investors came from other states and outside Miami, buying for investment purposes. The building was suddenly advertised as short-term rental friendly. But the law is clear. We don't need condo docs to state there's a short term rental limitation, because the law is clear. That's why we take the case to code compliance. >> Nevertheless, you feel unsafe with people coming in and out of the building, they're not vetted, they don't have the normal background check of a homeowner... It makes you feel unsafe? >> Correct. We have had concern in Brickell in the past few years, with spring break or memorial day weekend They want to party and they want to do their stuff. >> Subjectively, you feel unsafe because you don't know who's coming in and out. >> Exactly. >> That's understandable. >> I don't have anything else. >> There is also a provision in the City of Miami requirements for short-term rentals and rentals in general. Any condominium in proximity of a school, within certain range, all the people who are renters in the building need background checks in case they have a sexual predator background. We don't have that implemented and enforced in our building depsite having schools in proximity. >> MR. Chair, I have a question. Have you had to call the police to report a crime being committed at unit 2217. >> Not at 2217. >> Are you aware of any police reports regarding 2217? >> I'm not aware, but there's been reports. >> I'm only asking about 2217. >> This is fairly new because the unit was sold recently. The homeowner just took over recently. [Unclear] I'm not aware. Again, the unit has been also used for that purpose before. >> I just want to make sure. 2217, no crime, no police reports you're aware of. >> Not that I'm aware of. >> Thank you. >> Can I ask the code enforcement officer, how many times have you been called on this unit? >> I personally opened 9 cases. >> On this unit. >> Oh, this was the first time I received a call. Another inspector went several nights prior and couldn't find evidence. I could get it this time because a new tenant moved in. I was really polite. It's all on body camera. >> That's in evidence now. >> Just open for discussion amongst the board, my only- it's not a concern, I guess-my thought process is that the condo docs allow for it. >> We don't know that. >> She said she goes to the meeting and they're allowed in the condo cos. . >> [Unclear.] >> First, I would appreciate not getting interrupted. You'll have plenty of time to talk. >> Go ahead, I'm sorry. >> That's superseded by state statute [Unclear. ] I think that factually, legally this unit is in violation of the short-term rental violation. When you consider everything, handing out fines, and that there is some ambiguity there. The owners are confused. They have to sue each other. When it comes to fines, I would look at it that way. >> I have a question. As a part of the discussion. >> Do you want to go first? >> Go ahead. I'm just listening. Idea lordy know. > Since we're having a discussion and I think we'll continue to get more cases, especially when each building can decide what they want to do. Thank you, MADAM Attorney, for pointing out that a percentage of the building can decide if they want to do it or not. Imagine buying into a building and 25% says they want to do the short-term rentals. That is a disadvantage for someone else who falls out of the 25%. They bough Tinto it. It's like you're building in competition and in-fighting in a place that's supposed to be your home or your place where you're going to reside. You're almost creating an environment. >> [Unclear. ] >> I don't know if the City of Miami wants to create hostility amongst the r