Planning, Zoning and Appeals Board

thank. >> you for your patience. So I want to welcome everyone to this morning's code compliance special magistrate hearings. Uh, my name is richard gendler and I will serve as your, um, special magistrate presiding over today's, uh, code compliance hearings. In doing so, I, um, hear the case in the same manner as a code compliance board and I'm authorized by florida statute as well as the code of the city of miami, uh, to hear and decide cases that are brought against those persons or entities and or property who have been cited for violations of various um city or municipal ordinances, uh, and who have not yet allegedly corrected those violations or not corrected them in a timely fashion. Each case will be called and the respondent uh, who's typically going to be the property owner, uh, whose property and or business is the alleged violator will come up to the podium at the podium to my right to your left, my right and um, if it's a um it's a you know, first hearing or an adjudication hearing you'll be asked, uh, whether you're going to admit the violation or contest the violation. In other words, are you going to plead guilty to the violation or otherwise? And um also the city code compliance department represented by its code compliance officers, the city attorney and other um city administrators, uh, will have the opportunity to explain what's happening, what's going on. Um and then I as the special magistrate will decide, uh, first of all if the violation exists. Um and if so what time if any I'll give the uh if I do find that it exists what time if any I'll give the violator uh to comply with correcting the violation before uh, daily fines or per diem fines begin to accrue. Uh, those daily fines can become quite costly, uh, if not corrected in a timely fashion because they they can accrue up to up to $250 per day. Uh, if it's a residential property and up to $1,000 per day if it's a commercial property, uh, for first time violators and actually if it's a repeat violation, uh, meaning that the, uh, that it's been the property has been found to be out of compliance, uh, and adjudicated for the same issue previously, uh, that could be deemed a repeat violation and residential properties can be fined up to $500 per day and commercial or business properties can be fined up to $5,000 per day for nonresidential commercial properties. Again that's going to be for repeat violators. Uh ,if the property owner or the respondent pleads not not guilty meaning they're not contesting the violation, uh, the city through its city attorney who's sitting in my left uh, and to your to your right, uh, will present the city's case, uh, the respondent again, the property owner or business owner will be permitted to present its its defense or its position. Both the city and the respondent will have an opportunity, uh, to present evidence and to cross-examine witnesses. Um however this is what we refer to as a quasi judicial proceeding. What that means is a strict rules of evidence do not apply. However fundamental principles of fairness do if the respondent is not present and the respondent's representative wishes to present a respondent's case or defense or speak on behalf of the respondent, that representative must be either a florida licensed attorney or must have a valid proper attorney to represent the respondent at today's hearing. Uh if uh neither the respondent appears or an author or a licensed attorney on the respondent's behalf or an individual with a valid power of attorney to speak on behalf of the respondent if neither of those things happen when the case is called, then the case will be heard in absentia. Um and what that means we're going to go forward um and um uh of course I'll hear the case and then make a decision without the respondent having an opportunity to present their case and make a decision based on just what the city you know, uh, provides me with if a hearing is requested, um, through, uh, because because the respondent is is not contesting or or entering or saying they're not guilty of the offense. Um, again, the uh, the hearing is conducted in an informal manner. As I mentioned before, the strict rules of evidence don't apply as these are quasi judicial hearings. after the hearing is concluded I will make an an oral ruling which will later be transcribed into a written order. Uh. If it's a um if the fine is uh I'm sorry if the violation if it's adjudicated and the violation is one of what we call an irreparable or irreversible harm, an additional fine of up to $15,000 could be issued, uh ,when an issued violation has been complied with. Uh, it is the respondent's responsibility as the property owner to contact the code compliance or co officer or inspector to have the violation inspected and um if satisfactory closed out and complied with if the violation is not corrected by any required date again the uh the per diem begins to accrue and a lien can be imposed without further hearing. The lien imposed will be a lien against the property and against other real or personal property owned by the violator. If you need an extension of time and I know we've got some folks that are coming up first, uh, requesting an extension of time, uh, you can extend you can request an extension of time, um, by visiting uh, miami gov.Com and in the search you typekit extension of time uh, however very important you must request that extension of time before the time period to comply expires. Lastly, uh, any orders entered um by me today uh can be appealed to the 11th judicial circuit within 30 days of uh of the order being entered. Okay. So with that said, if we can all stand for the pledge of allegiance. 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. Do you solemnly swear or affirm the testimony you're about to give is the truth the whole truth and nothing but the truth? Thank you. Have a seat. All right. Thank you everybody for your attentiveness. Oh, spanish and creole interpreter. Do you solemnly swear or affirm you will translate from english to spanish and spanish to english to the best of your ability. Thank you. Morning. >> interpreter espanol para necesitan ayuda vamos a hacer ahora por favor. La senora tambie n. Okay la derecha la verdad toda la verdad y nada mas la verdad. Do you solemnly swear or affirm you will translate from english to korean creole to english to the best of your ability. Thank you. Bonjour. >> anglais avec anglais. No merci. Extensions of time. Thank you. Merci. Gracias. Okay. >> whenever you're ready. I'm ready for our first case. One moment. Sorry. Page 132 property address 3454 northwest fourth street. Case number 00138325132. Okay coming up. Good morning sir, could you state your name for the record? My name is alfredo seagal. I am the manager of 3452 northwest fourth street llc. The owner of the property. Okay, amazing. You are right. You are the managing member. Very nice. And what do we have you requesting an extension of time. How much time are you looking for? I'm looking for the maximum that you can give me because it's already been almost two years that I've been dealing with, uh, this case and it's really wearing me down. >> well, why don't we see first if the city has a recommendation, how. Far are you in your permitting? Well, basically my understanding is that the permits have been obtained on the two, uh, permit situations. I have the numbers if you would like them. One is for parking and the other one is for fence. The one the one. >> for the parking is in the active phase and the one for the fence is in pre screen corrections. Yeah the city recommends 120. Are you good with 120 days sir. Yeah okay. That's the maximum you could give me. Well I mean if I mean it's it's it's simply a recommendation by the city I don't have to follow it if for whatever reason you need more time is this is this the first extension? No. >> it's like the third extension. >> the third extension. So um I mean after the third extension I'm not sure I'm I'm that eager. I mean, tell me why you would need an additional 120 days more than 120 days. Of course if it's a third extension you already know before the expiration if you need more time you can always request it and come back. But why do you need more than 120 today? Well basically uh first it was finding somebody who was willing to work with the city of miami contractor that was willing to work with the city of miami. I spent months trying to to get somebody that would even work with the city of miami. Then we applied for the permits. Uh, and it's been taken months to get a permit. They keep changing their requirements on me. This is a. This is a permit to do what now what are you what are you what are you trying to accomplish? Well, basically I'm trying to bring the the the property into compliance. It's a uh, parking slab that was filled in I don't know when. >> the residential property. Yes, it's a duplex. It's a duplex. They have to fix the rear structure. Well that that'll come down. Cases from 2025. It's not it's it's not two years old just to clarify okay. Um the cases from AUGUST it's it's only a year old from when he was cited. >> it feels. >> like two years. It's not two years. Um there's issues with the driveway the gate and the rear structure which has work that needs to be permitted. Um and you can't park on grass so they have to do parking strips for that if they're going to park on the property. Where have you been parking. >> where have you been parking the cars. Have you been parking on the grass? Well there is a current currently existing slab and strips. Okay which uh I would have to I'm having them both torn, torn down and built up according to code. Right. >> so when he says the city keeps changing the rules that's also incorrect. What happens is is people provide plans, they get reviewed. If you're missing a certain section that's required they're called revisions. They go back and forth. This is extremely common sir. So um he's he's got for the parking that's an active permit. So they're doing that work for the other work it's in um it's in prescreening corrections. So he's at the beginning on the other one. So he'd request 120 days to get the start. He can request the extension of time if he's going to need it uh and then wouldn't get back here for another 30 to 60 days. So he's really looking at six months down the road anyway, right? So I'll give you another I'll give you another 30 days 150 days. Uh, you'll have 150 day extension. Hopefully you'll get it down in time and you won't have to come back and ask for a what would it then be the fourth or fifth extension at that point it'll be the fourth right? >> right. Thank you. >> and so you know at that point I'm not sure you'll get another one. So please try to make sure that um you get you get it done within the next 150 days. Okay. Do the best you can. That's all you can do right? I'm doing the. >> best and then and then and then what I would recommend you do is just document your efforts. So if the next time you know whether it's me or another magistrate gives you, you know, a hard time about wanting more time, you'll be able to say exactly what you've done over the last 150 days and why you weren't able to accomplish it. Okay, I'm in this state, this and this state I call this or this person did this or did this or this or this or this further rather than just being very general. Yeah. Okay. All right. Thank you. Have a good day sir. Thank >> you [Laughter] Too. In the back um our screens went up. Never mind. Back on. Page 98. Property address 5920 northwest fifth avenue. Case number 00046037. You say page 90 9898. Okay. Uh. 98 well and star wynwood owners llc hi. Could you state your name for the record please? Okay. >> claribel rodriguez northwest cinco avenida. Claribel rodriguez 5920 northwest fifth avenue. Claribel rodriguez okay .And you are one of the owners of the of whale and star wynwood owners llc. Yes, she is the owner. Okay. >> and I note for the record that you were sworn in correct? Yes, yes. Okay. >> what what how much you're looking for an extension of time. Tell me why and how much time you're looking for. Okay. >> this is page 98, not 93. Okay. >> she's asking for the maximum allowable time. She just received the permit, so. Thank you for bringing that. Just got the permit. The city is recommending 120 days. Oh I apologize you're not the you're not the owner of that llc. I was on the wrong page. You are actually the owner claribel rodriguez yes. I'm sorry for that. So you're the city is the city is recommending that I give you 120 additional days. are you okay with that, ma'am? Extension? >> yes. She's okay 120 okay. So you'll have 120 days. Hopefully she'll get it done within that time period. Um if not, she'll have to request an additional extension before the expiration 120 days. >> thank you. Okay. >> she understands. Thank you so much. >> thank you. Thank you. >> have a nice day. I said okay no no go make sure you're okay over there but I'm keeping this here. Page 108 property address 3750. So I mean charles terrace case number 00130802. Good morning. Uh, could you state your name for the record, sir? My name is albert arias. Okay. >> and you're one uh, you're the property owner, sir of the. Yes sir I. Am okay looks like 3750 charles terrace. Um, tell me you're here requesting an extension of time to bring the property into compliance. >> yes, sir. How much time are you? Additional time are you requesting and why? I'm requesting additional time because I have an engineer working on getting the plans approved for the fence. Uh, yeah. >> we don't have the plans yet, right? >> I do not. Right. >> so we're going to recommend but he's got the he's got his design professional working on them. We'll recommend 120 days. Are you okay with 120 days sir? That's fine sir. >> thank you. Okay. You got 120 days again for everyone who's requesting extensions if you need additional more time of course you need to request it before that time expires. And by the way, these extension requests are not automatic okay ?They're sometimes denied so you need to be diligent during that time period. >> thank you so much sir. Thank you. Yeah. >> got an engineer. Page 111 property address for I mean 1405 northwest 21st terrace case number 00093664. Hi sir, could you state your name for the record? >> good morning. Andres rivera with the law firm of bills and sundberg here on behalf of the property owner. >> okay. You said bruce bruce. Andres rivera. Andres rivera. Yes. Sorry about that. Okay, so you're an attorney and um, the owner is 1401 investments llc care of mark steinberg. You're looking for an extension of time how much and why. We're requesting 120 days. What's going on with the qbtr. So we have and just just as background this is clean up the the the uh laundry operator does have a see you we're just adding an annex building to their square footage. We had to do a unity of title which was a long process and the q application is now um under review. They've passed one inspection. Uh I understand we're pending uh objection. >> I just wanted that to get on the record. No objection from the city. Amazing advocacy. >> they're making it bigger. They just had to do a lot in order to make it bigger. >> correct. Thank you. Thank you so much. Appreciate it. Counsel 120 days. page 106 property address 1376 southwest 36th avenue case number 00135718106. Hang on. Owners hi good morning ma'am can you state your name for the record? Uh dominica. Dominica? Yes, I'm one of the owners of grupo de h llc. You're you're one of the owners of grupo de h llc. Yes. >> okay. >> uh, prior 1376 southwest 36th avenue. You're looking for an extension of time. How much and why? Yes. >> I can let you know. The city is they are processing their permits. It's for a driveway approach. Yes. And fencing. >> the fences. >> so city recommends 120 days in my year 120. Yes. >> it's fine. >> amazing advocacy skills. You got it 120 days. Thank you I. Page 126 property address 909 southwest 15th avenue case number 00126832. Good morning, special magistrate. Uh, my name is jose cortez. He is a valid power of attorney. Okay. >> yes. I'm just okay, so this is, uh, silver bay holdings. Yeah. Okay. And you have a valid power of attorney to represent the owner. This is also an extension of time. Yeah. Time extension hearing property address 909 southwest 15th avenue. How much are you how much time are you looking for and why. Are we requesting 120 days please? Okay. >> your processing your building permit in order to be able to get your valid q and t is that correct? That's correct. And we're making a lot of progress with the building department but we need a little bit more time please. Recommends 120 sir. And you asked for 120 right. That would be perfect. It sounds like you both are on the same page. It's wonderful when that happens 120 days. You got it sir. Have a good day. Thank you. Page 90. Property address 2375 southwest 11 terrace. Case number 00093875. Good morning sir, could you state your name for the record? Stephen green green spelled guriani. See it and you're one of the property owners along with michelle green, right? Property address 2375 southwest 11 terrace. >> yeah, she's she's the better half. Okay. >> um well she's got she's got you here right. So all right so how much time are you looking for and why, sir? Uh the max I don't know how much detail you want but. Well, uh how much? Well, let's here's does the city want detail or do they have a recommendation? We, uh we don't have any, um, active plans or permits being processed. Okay. >> sounds like they want. To go with what's going on. Yeah. What's happened? So we submitted plans environmental had a site visit FEBRUARY 27th they requested a meeting with zoning and public works to discuss, uh, some permit issues involving trees on the property. Under what permit. Address or address. The address 2020 375 southwest 11th terrace. There is no permits on file that are there. They're still looking they're still reviewing the plans and uh so zoning and public works haven't responded to environmental request for a meeting regarding a. Tree on your 2024 is that when you submitted the plans initially they are now inactive. So you're going to need to talk to whoever's doing your plans. They need to reactivate your plans. So you might be going around to meet with people with these 2024 plans but your plans inactive so it doesn't get canceled. Make sure that you go and you get them reactivated. Okay. >> all right. That's very, very important. No objection to 120 days. No objection. >> you okay? 120 days, sir. Sure. >> that's fine. You got it. >> thank you. I get those reactivated because sometimes when you're doing all this other stuff, if your design professional hasn't responded to the last comment because you guys are trying to figure it out in a certain amount of time goes by, it becomes inactive. How long does it. >> six months usually. >> so every six months something has to be done to keep. Oh yeah oh yeah all right. Yeah and you don't want them to like close it out because then you'll have to start all over again. Okay so I. Would suggest that they do something. Okay go see the they'll know what to do see the building official get it reactivated and keep moving forward. Okay perfect. Thank you. You got it. >> have a good day. Page 87. Property address 2757 southwest 15th street. Case number 00065260. Good morning. Good morning sir. Could you state your name for the record? George grimm. George. I'm the owner. What what's your last name, sir? G u I'm. And you're the you're the owner of. Green investment. Green investment group llc. Yes. >> all right. Um does the city typically verify that or pull that up because I, I, I don't see it on the notice. Do you verify that on sundays or city comfortable with taking this gentleman's word for it. Let's see it should be here. But it doesn't look like it is. All right hold on. No it's just not. Because it doesn't mention it doesn't mention his name. Oh there we go. Okay, scroll down just a little bit. Oh. There we go. There is. George g u I'm. Correct on green mile instead of green huh. You could have done your last name g u I'm mile. I saw the movie the night before and they asked me. That's good. >> it's good green mile that was a great. >> you made a play on your name? Yeah I. Best performances anyway sir. Uh, how much time are you looking for and why? 120 days is fine. I just have to pull the master permit now I finally found the a g c which I had a taken all the paperwork and all that stuff so that's all I have to do and start working on. So this gentleman wants 120 days. What's the city's position? No objection but you have permit from 24 as well correct? Yeah permit also from 24. That's in the approved phase correct. Well I I'm not sure uh I know that they just the guy that's doing the running told me that I needed to to get the g c license so he can put it in the in the permit thing and. You've changed contractors. Well I got robbed by. >> the okay so you've got a 24 that you're keeping active and that you're moving forward on. Okay great. Perfect. >> no objection. 120 days. >> thank you sir have a good day. Bye bye. Page 130. Property address 634 southwest 63rd avenue. Case number 00112598. Come on up. Can you state your name for the record, please? Yes, al medina. And I see that you are the owner of the property located at 634 southwest 63rd avenue. Yes, yes. Okay. Uh, extent you're looking for an extension of time. How much are you looking for and why? Uh, whatever the maximum the city recommends. The maximum. Well, tell us why you want the maximum. What's the what's what's the status? How far along are you? Why is it taking so long etc.. She has you have active permits, correct? Yes. >> I just have the driveway left and we started the work but we needed to they told us we needed to resubmit everything that was already approved. Can you speak into the mic? Sorry. >> um we started the driveway work but they told us that we needed to resubmit all the plans that were already approved in order to schedule inspections. So we're in the process. They're in the corrections phase the city recommends 120. They're willing to recommend 120. Are you good with that or do you want to argue for more? No that's fine. Okay 120 days it is. Thank you. Have a good day. Page 121 property address 322 northwest 41st street case number 00112925. All right. Hi. Can you, uh good morning sir. What is your name? Shai gutterman. Okay. >> and you are the owner of the property at 322 northwest 41st street, correct? That's correct .Okay. >> this is a request for an extension of time. How much time are you looking for and why? Uh, 120 days would be would be good. 120 days. And where are you at with the process? We're done with the permit. We have the permit pulled. I have the permit card as of recently um pretty extensive project cost about 20 $30,000 so just need a little more time to get that in order. Okay so what's the city's position? The city recommends the 120 he is in the permit inspection phase correct? Correct. >> he asked for 120 and you're recommending 120 so everybody wants 120 so everybody gets 120 actually shai you get the 120 have a good day sir. Thank you. Page 115 property address 563 northeast 67th street case number 00145410. All right this is interstate miami llc. Yes she's coming up and she has a valid power of attorney. Okie dokie. [Laughter] Which one the the one in the pink or the lady at the microphone. Could you state your name for the record. Yes mariana. Mariana. >> and how do you spell your last name, ma'am? It's a mate. And I've been told that you have a valid power of attorney on behalf of interstate miami llc and you're looking for an extension of time on behalf of the owner. How much time and why? I think 120 days will be sufficient to finish up our um btr and tcu. MISS Has been uh keeping us informed on the progress on this. It's uh it's a child care center. The issue is upstairs not downstairs where the children are but it's affecting their certificate of use. They've just got their final permit for plumbing or approved to go through with the plumbing. Uh, once those permits are done, then they'll be able to get their certificate of they'll then they'll be able to get their their temporary ceo for using the property the way it's being used, which will then give them their temporary c u which will then give them their btr which will then close this case out. Wonderful. >> and give this 120 place to go during the day. Um all right so is the city okay with the 120 days. Okay you got 120 days. Have a good day. Thank you. >> thank you. Page 1352742 southwest eighth street case number 00096112. Shopping plaza corp.. Looks like this is also an extension of time. Good morning sir, could you state your name for the record? Yes. >> ben fernandez, 200 south biscayne boulevard. And what is your relationship, sir? I represent the property owner. You're the attorney? Yes, attorney. Okay, wonderful. All right, so you're looking for an extension of time on behalf of your client. How much time and why. I am we would appreciate 120 days we've been working um for quite a while now on a building permit for this property is an unsafe structures case that's being resolved. Uh, and a roof permit that had to be revised and now we're dealing with a grease trap issue one of the tenants has that's sort of delayed our process a bit, but we're consistently working in good faith. We have to resolve that with durham before we can come back and finalize our permit. And then once the unsafe structures case is closed I think everything will be in compliance. Is the city convinced? What does the city say to 120 days? >> the city says 120. Agrees you got it sir 120 days. Have a nice day. Page 103. Property address 513 north east 66th street case number 00079836. Hi good morning ma'am. State your name for the record please. My name is marlene charles. Excuse me. >> what was your name? Charles. Marlene. >> marlene. >> charles. And what is your relationship to pamysa llc? She is a valid power of attorney. Valid power of attorney. Wonderful to represent the limited liability company. Right. Um, this is also an extension of time hearing how much time you're looking for and why. Um, at least 120 days because we have we received the permit on monday we are placing an order for custom casement windows and that has a 90 day delivery deadline. Okay so. So delivery deadline 90 days on the windows they're asking for 120. What's the city's position? >> the city recommends 120 they are in the corrections phase. Everybody's on the same page. You got the 120. Have a good day ma'am. Thank you. The end of the moving on it to be heard page 28. Property address 2737 northwest 30th avenue. Case number 001456660. Okay so this is here on an initial. To be heard. Yeah first time. Up adjudication 28 okay good morning sir could you state your name for the record? My name is lucien simmons. The address is 2737 northwest northwest 13th avenue. 13th avenue. And what is the alleged violation? The violation? We bought a house and. No, I'm asking. I'm. >> it's work without a permit. >> work without a permit? Yes, sir. Uh, are you contesting the violation? Oh, no. Because we bought the house and. >> come into compliance. The problems. >> you're looking for time to come into compliance. I'm sorry you're not contesting the violation. No, no. Okay. Uh, so you just need time to bring the property into compliance. Yes. How much time do you need to bring the property into compliance? Um, I think 120 days. 120 days 100. So what what is first of all, um how do you want to handle the city attorney? Do you want this? Well just have the inspector put her name on the record and then she can just tell you this is where they are and. That's what I'd like. Yeah yeah. Well what I'd like you to do if you can uh for these adjudication hearings when the officers come up if they could just announce, uh you know, the property address, if they could speak to, you know, notice both with regard to the violation with regard to today's hearing also, um. I can do that for you. Yeah. >> you know, ownership and so that I can make a finding on the record please. Okay. >> no problem. I'll do that. Senior code inspector ebony coleman central office. Okay so where are we where are they in the process and and is 120 days you're good with that. Right now the property plans are not active right now so they're in the process of still submitting their paperwork for the for the purpose. >> so they're moving forward a commercial or residential property. Residential. >> okay. >> so the city has no objection to 120 days uh $250 a day thereafter. Just make sure that you request an extension of time prior to the expiration of the 120 days or you could get a $250 a day fine running which you don't want if that's what the magistrate grants. Right. >> okay, so I see the property so I just need you to I see the property appraiser which is reflects proof of ownership if you just speak to uh notice um I was notice accomplished both with regard to the violation with regard to today's hearing so I can make those findings on the record. Okay. >> well the present so notice was received it was sent certified as well as posted on the property. Okay. >> all right so I've listened to the officer's sworn testimony. I've also listened to the respondent. I find there's been sufficient evidence of notice both with regard to the violation with regard to today's hearing. There's also a sufficient evidence of ownership as well as sufficient evidence of the violation itself. Therefore I will find the violation exists provide the respondent with 120 days to bring the property into compliance if not brought into compliance within that time period will accrue against the property of $250 per day as the city seek costs on these no no no costs okay sir. So 120 days okay. If you once once you bring the property into compliance you'll have to contact the code compliance officer to inspect and close out the violation if not closed out within that time period, $250 per day starts to accrue on the 121st day. If you need additional time you can request it just like those those those cases before you but you need to request that hearing prior to the expiration of 120 days. Okay? Okay. Have a good day sir. Thank you, thank you. Please take the pay. There should be paperwork right there to take. Thanks. >> she's got it over there. >> sufficient on the notice if you just say posted. No gotcha. We'll do um we have another staff member from our historic preservation department present the uh it is now 945. We have two cases that are demolition by neglect. We have our um the chair of the chief of historic environmental preservation here. Um we'd like to call it up as an absentia if you don't object if you want us to wait, we can wait. It's up to you. >> no, no, it's it was the notice for 9:00 this morning and it's now 945. I'm happy to proceed. Okay. >> so we'll call up um page 57812 northwest eighth street road case number 00169464 and there are there are two cases so we'll be doing. For the record once again no one is here on behalf of what is it 970 northwest 18th state road llc pro property address 812 northwest eight is that standard strd. Street road. Street road. Yeah right. Once again note for the record the respondent failed to appear so let's go ahead and hear from the city. All right inspector can you please state your name for the record. Inspector eric and code compliance after hours division. Um and did you cite the aforementioned property for demolition by neglect under chapter under section 26-3212I1a through h. Yes. >> okay. >> thank you. Uh, and you put together not only pages one through 46 but also the remainder of the documents in this file as it relates to this property. Is that correct? Yes. >> okay. >> and notice was sent to the owner of record pursuant to what's present with the miami dade property appraiser report as well as sundays for the registered agent. Is that correct? Yes. That notice was sent to them both certified mail as well as posted for the notice of violation as well as for the summons that is here as well. Is that correct? Yes. >> have you had any contact with the owner? No. >> okay. >> now this is this lot and we have another case that's the adjoining lot. Is that correct? Correct. And who contacted you with regards to this case? Uh this case was reassigned to me by the assistant director and then I made contact with the okay. And did the initial complaint come from our historic environmental preservation department? Okay. And what we're looking here as we've we're pulling it up for this property. There's also because of the condition of the property and unsafe structure case under case bb 2017 004226 .Is that correct? Yes. >> all right. And this particular property has been to the unsafe structure panel is that correct. I believe so yes. Okay. Uh and we're showing all of the information where things were mailed the deeds. And then this property abuts the miami river. Is that correct? Correct. >> all right. Or the tributary actually. >> it's the. The seabolt canal. Sorry one of the offshoots. All right. Um and here's our gis showing that it's a historic district and it's also for archeological conservation. Is that correct? Correct. >> all right. All right. I'll turn this around. Uh these photos were taken in JUNE of 2026 not too long ago. They accurately depict the structures on the property. Is that correct? Correct. >> and the issue here is strictly this structure. Yes yes. All right. Now is this structure on 1 or 2 properties just one. All right. One on each property right. >> so we have this structure itself which has been designated historic is that correct correct. And it's within a district that has historic properties yes. >> yes. All right. Has any care or maintenance been done to repair this property that you're aware of since it was first cited as an unsafe structure in 2017? No. >> okay. >> are you aware of any responses that have come to you since you've taken this case over from ownership to take care of this property? No. >> and I spoke with the other inspector as well. He has not. And who is the other inspector? Uh ratio german german ratio. Okay. >> and this was your initial email here that was to get you out to the property to take it over and look at it. >> is that correct? Yes. All right. Let me see. And here we have again our notice from the unsafe structure panel. And we also have staff analysis but I'll go over that with the other inspector. Um. At this time and you put together the entire folder here is that correct. Correct emails the muni code the historic references the staff analysis the um I'm going to say the repair the repair demolish notice to the owner and we have um this is in the spring garden area is that correct? Correct. >> all right. And this is the resolution for spring garden. Yes yes. All right. At this time the city would seek to admit all of those documents 12345678 into evidence. Okay uh once again since the respondent failed to appear no one is voicing an objection. So those documents shall be entered into evidence as exhibits. What are they now. One through eight. Exhibits one through city exhibit one through eight. Thank you. Thank you inspector and I'll call up our expert. Can you please state your name for the record? Good morning. Ken kalmus, city preservation officer. Okay. >> uh, how long have you been with the city? Uh, just five years now. Okay, well, just five years which is more like ten years in real people. Like in city years? Yes. >> okay. Uh, and you run and you are, um the preservation officer and what does that mean? So I am the chief of the historic environment environmental preservation division within the planning department. Okay. >> so it's your job to look out for properties and structures that are historic in nature and ensure that they are properly preserved. Correct. >> pursuant to chapter 23 of the city code of ordinances, my directive is to identify, preserve and protect okay. And in this particular case this property address is located in the spring garden district. Is that correct? Yes. Is that a historic district? >> it is within the spring garden historic district and it is considered a contribute. Both structures are considered contributing properties. Purposes of this we're only going to deal with 812 which is the one you already saw. Is that correct? Yes ma'am. That particular structure has been designated a historic structure correct. All right. And what is attached here is an analysis for certificate of appropriateness that's up here is that correct correct. And what does that mean. So the applicant requested a special certificate of appropriateness for demolition of the property. Uh demolitions are not approvable administratively. They need to be reviewed by the historic and environmental preservation board. Um and do you represent the city on behalf of the administration at historic environmental preservation board? Yes. >> okay. And were you present at this hearing date was in 2024 is that correct? Yes. >> and what was the result of that hearing before the. Board? >> the hep board uh, denied the application for demolition. Okay. >> they required the structure to be preserved. Is that correct? Correct. Now on this particular property there's also as we know a 2017 unsafe structure case. What is the status of that case? It's still pending. Okay. >> was there an order an order ever issued of demolition on that. >> so on I don't believe there was one on this structure on this one yes. Okay. So at this time have you received um and when we're talking about demolition by neglect um we're talking about several factors is that correct? Correct. So we're talking about that the facades become damaged or MAY fall deterioration of the the foundations the flooring the supports or the walls um deterioration of the roof um or other structures ineffective waterproofing being left open and vacant as we have here. Is that correct? Correct. Insufficient insufficient weather protection which includes being left open correct um as well as um on the last one here any spalling of the concrete. Yes. Correct. Correct. And of those what particularly to this property creates a demolition by neglect status for this magistrate. >> so the property has been left unsecured and open both to um anybody who accesses the property um as a vacant structure uh it has been left open and accessible to weather um including moisture uh winds rain etcetera. Um there has been no attempt to rectify or maintain the roofs, the windows, the stairs um of uh the exterior siding, the stucco parging of the structure. Okay. >> all right. And or the structural elements inside the structure. Okay. >> and obviously pursuant to both the florida building code and the city code, people are required to maintain their properties, uh, in a safe and clean conditions. Is that correct? Correct. And then when you have a historic property you have extra requirements, is that correct? Yes. >> and in this case property owners are required under subsection one to maintain their properties. Is that correct? Correct. >> and at this time as the chief preservation officer um it is your your opinion with at least five years with the city that this property meets the standard and criteria for demolition by neglect, is that correct? Correct. >> all right. At this time the city has no further. Witnesses to call. We would rest. We would ask for a finding of guilt three days for compliance and $500 a day thereafter. Okay, that answers my question because and I'm trying to do my own independent research here while I'm listening to the testimony as well. Um, because I don't think the city is asking me to order demolition. I think that needs to be only ordered. No, we would not order because. The unsafe structures board right. That would right. >> and we'll get to that and the other one because we want the structure preserved right. We want them to have to fix it. Okay right. That's my understanding is these right I can order you know, compliance repair and or and or preservation right? That's the limit of what I'm able to do anything more as far as demolition is concerned that goes before the unsafe structures board. I just want to make sure I've got the procedure correct. Okay so once again I uh what is the finding that you're requesting? We're requesting a finding of guilt three days for compliance and $500 a day thereafter. This owner has yet to come to the city. Um, our preservation officer has been ready even with a um a plan for compliance, but they just won't come. And and I think I heard some testimony that no communication correct. Correct correct. Okay. Yeah. So okay, so I've listened to the sworn testimony of the city officials. I find that there's been sufficient and reviewed, uh, the evidence that's been entered into evidence the city exhibits I think there was one through eight one through eight. I find that there's sufficient evidence of notice both with regard to the violation and with regard to these hearings. So sufficient evidence of the of um ownership as well as sufficient evidence of the violation itself. Therefore I will find the violation of this order to be corrected within three days if not correct within that time period financial accrue against the proper amount of $500 per day. Okay. All right. >> and then we will move to we'll go back um I'll try to I'll do this one a little bit faster. Um page um 59830 northwest eighth street road case number 00169465 uh property owners 970 northwest eighth street road llc. Inspector please state your name for the record. Eric and code compliance after hours division. Okay again you're not the initial inspector on this case, is that correct? Correct. >> you've taken this case over but you've been to the property, reviewed all of the documents and are moving forward in that fashion. Is that correct. And spoken with the other inspector correct. Okay. >> and um you put together pages one through 45 plus the other exhibits present in the folder for today's hearing. Is that correct? Correct. >> and you've met with MR. Kalmus from um historic preservation as well. Yes yes. >> all right so um pages one through 45 um of this show the initial violation that was issued in JUNE of this year um and um show that the notice of violation was sent to both the owner of record pursuant to the property appraiser as well as the registered agent pursuant to sunbeds both certified mail and posted at the property for the initial violation notice as well as the summons for today's hearing. Is that correct? Yes. >> all right. And in this particular case this property abuts um the previous property we're discussing is that correct? Yes and it is the same owner yes yes. Okay. >> and so located in here is all of those documents um that we've discussed showing that this is in this property is located in the historic spring garden district. Is that correct? Yes. And this structure is designated a historic structure is that correct? Yes. >> okay. >> so we're going through all of these um this property also has had since 2017 an unsafe structure uh case is that correct? Yes. >> all right. And that's due to the condition of the structure itself correct. Not being in violation of the florida building code, correct? >> yes. All right. All. Again they fenced it off. Um and this is the other structure we're looking at is that correct? Yes. >> so in order to see it you had to get down low and take the pictures. Okay so this is the particular structure that we're looking at that is open abandoned and vacant with graffiti uh and deterioration to the walls and everything else. Is that correct? Yes. >> okay. >> and again it's also on the canal correct? Right. I'll just finish going through the photographs. Okay. Now also as part of this you put together um which is also included in your packet, the email from the prior inspector, a copy of the uh muni code which the magistrate has its designation as historic the staff analysis for this property like the other one um as well as a copy of the unsafe structure initial violation and um the timeline of uh, these the spring garden demolition by neglect case is that correct? Correct. >> okay. >> at this time 1234567 the city would like to admit city's exhibits one through eight into evidence. Okay. >> um once again respondent failed to appear. No one's voicing an objection. Uh, so the city exhibits one through eight shall be entered into evidence. Okay. >> um, I have nothing further at this time. All right. Any contact with the owner at all? No. >> any known contact even with the other inspector? With the owner? No. >> also when I posted the summons there was a vehicle parked behind the fence. People are going in and out. Nobody contacted me. They had to remove it to get out so I know they received it. Okay. Thank you. Okay, we'll call MR. Kalmus. Please state your name for the record. Ken kalmus, city of miami preservation officer. Okay. >> and as preservation officer for the city of miami, what are your duties? My duties are to identify, preserve and protect the resources of the city of miami historic resources. Historic resources and in this particular case, this property and this structure that we're looking at which is page 43 of 45 uh in our exhibit one um is a historic structure and designated so in the city of miami is that correct? Correct. >> okay. >> and um, this structure has been in substantially the same condition for how long? Uh, at least five years since I've been here. Since you've been here and there's actually a 2017 unsafe structure case. Is that correct? That is correct. And you have fully reviewed that case as well correct? Correct. >> all right. And in this particular case as with the other case um there was a request by ownership in 2024 to demolish this structure is that correct? Correct. And it was brought to the historic preservation the historic preservation board is that correct? Yes. >> it was brought to the historic environmental preservation board. >> and you were present at that hearing? I was. And were they granted the right to demolish this structure? >> the board denied the certificate special certificate of appropriateness. Okay. >> and since then it has remained the owner has done nothing pulled no permits made no contact. Is that correct? Correct. >> okay. >> and so it stands at a standstill at this point and at which point we are now moving forward with the demolition by neglect um um process with the city is that correct? Correct. >> because the structure as it sits now um is in an unsafe condition and is allowed to continue to exist that way? Yes. Correct. >> and pursuant to demolition by neglect which is part of chapter 23 of the city code and then we have the subsection I um it is um a violation of the city code to allow or to continue allow the deterioration of a structure regardless of when purchased or not. Correct. Correct? >> correct. >> okay. And that includes maintaining the facade or allowing a facade to to fail or be damaged, which obviously I think we have pictures in this case to leave it open to the elements, um to allow the roof to deteriorate which I believe in points of this there clearly is no roof right. So to be clear the there was a fire um in which the roof was lost. Right. Um and it has not been repaired since. >> and do you know when that fire was. I believe it was in 2017 I believe that was the impetus to my knowledge that was the impetus of the unsafe structure. Okay. >> and so since that time and we're in 2026, ownership has done nothing, uh, but assume that eventually they're going to get to knock it down so they can build whatever they [Laughter] Want. That would be my assumption. But yeah, they have. >> well that's. >> what they've asked. They have that they have done nothing but request the demolition. >> okay so in 2017 we have a fire and in 2024 they're saying please let us demolish it between 2017 and 2024 uh nothing was ever done to fix or preserve this this historic structure. Correct. >> okay. >> and so we have the missing roof. We have no waterproofing. Um it's not structurally sound at this time. Is that correct? I can't speak to the structural soundness of it, but I can say it has deteriorated to a point where we believe it's demolition by neglect okay. And that it meets the criteria as set forth in that subsection l of the city code. Yes. Okay. Um is there and uh anything further you want to let our magistrate know? Anything further you want to let them know. I don't I don't believe so. I just I just have a quick question certainly for the other gentleman. Um do either of you know have the property taxes are they being paid on the on these properties do we know. Um because. I believe they are but. I know it's not relevant to my decision or anything that you all are doing, but that'd be a good indication as to what the owner's intentions are because you know, at some point, right if the property taxes are not paid, you know, the property will be lost likely after three years to a tax deed and now you're dealing with a new owner. Um, so if the property taxes are being paid you might be right. Maybe they're just it's a waiting game so they're just playing sort of playing chicken. >> I'll tell you. Right now I don't know if it's I don't know if it's germane but the same property owner owns an additional 4 or 5 lots on that street right. They've owned this since 2021. Yeah yeah. Anyway I mean we don't need to answer that now and I mean. Yes they're paid in here. This is a property that you see right here. So it looks like they're they're paying the. Taxes they're paying. They're paying the right so they have it. So that tells us that they have um unless the property is mortgaged and in default and the and a mortgage lender is paying them to preserve their collateral. Um but otherwise someone they have an interest in in um in keeping this property and it MAY be I of course I don't know it MAY be that you're just paying sort of a game of chicken with the city right to see who will blink first whether you know but they obviously have have uh and I think at some point I know it's not what was being requested today, right doesn't have the special magistrate also have the authority to order uh abatement or of the property. In what sense. Meaning to to go in and make the necessary repairs and build the and I know that's not the relief that's being sought, but. Um our well our unsafe structure panel can provide an order to go in and secure. Secure secure it. >> but not not not to make the necessary. Yeah, we don't know. Don't do that. Okay. In any event what is it that you're looking for on this. The city is requesting um as notice was proper they failed to appear a finding of guilt three days for compliance $500 a day thereafter 500. Okay, so I've listened to the city's representatives sworn testimony. I find there sufficient evidence of notice both with regard to the violation with regard to today's hearings of sufficient evidence of the violation of ownership as well as sufficient evidence of the violation itself. Therefore I will find the violation exists or it be corrected within three days if not corrected within that time period fine against the property amount of $500 per day. Thank you. Appreciate you very much. Thank you. Page 33 property address 2722 north west 23rd avenue case number 00044817. Which page. Um 33. >> and thank you all for your patience now. I uh good morning sir could you state your name for the record? Omar rodriguez? Omar rodriguez. >> and you are the owner of the property located at 2722 northwest 23rd avenue. Yes, yes. >> and you've been sworn in, correct? Yes. Okay. All right. So you're we're here on a first appearance. What what have we got? The property was cited for work performed without a permit, illegal units and improper outside storage of miscellaneous materials. The owner was notified via certified mail as well as posting for the initial violation as well as the summons for today. Okay sir. Are you this is allegedly for work without a permit. Are you contesting the violation or are you admitting the violation and you're just looking for more time? You're looking at time to fix it. La propiedad tiene una orden de la ciudad de miami cumpliendo la. Uh the the he says the property has a demolition order from the city. The property has a demolition order and at the same time I believe this is for for work without a permit. Was that. Yes okay I. Don't I don't know how that's whether the property is in violation or not. Yeah hold on, hold on if he wants to so so so so hold on a second before. Demolition de la ciudad de miami. Is the city where he's saying that he has a he has a demolition order on this property. That's what he's saying. He's saying that the property is. >> not MAY or MAY not need to see his dock. They're looking. And while the while the city is looking assuming that he has a demolition order when is he looking to act upon it? Solicitando no no no solicitando a yo yo tengo. Right when cuando. He just wants to demolish the property. >> ask him when when is he planning on doing so? >> why don't the el primero de los arboles de la bolsa. The only thing that's missing is a permit for the trees. Something from the arborist. Um and then he'll demolish it. So what type of work are is the city alleging he's performed without a permit. Well let me ask this officer. Officer could you state your name. No that's okay. >> the information on the that but you can what's the work without a permit. >> well. What inspector troutman north office so I spoke to the gentleman. We were actually on this property with another inspector he renovated the rear of is a rear structure that was originally a garage and he converted it into a living unit. He expanded it to the on the east side. So he made an addition as well um that he has an unsafe structure case. They had a demo permit but it was canceled because he went to the building department so he can pull his own individual permits. He has. >> his own property. Yeah. I met with him and another inspector who speaks spanish and we walked them through the compliance process. So what he's doing is going to the building department to bring the property to compliance and he has an active permit I believe he was saying he's going through reviews to get his tree um his landscaping plans approved but he has to fix the rear. Structure and I still haven't gotten the answer from this gentleman as to whether or not he's contesting the violation. But before I ask but before I ask him again, I'm trying to sort of figure out if we order him right to to close out the violation it's going to require. Right. He either I guess by the when he demolishes the structure it's going to close out the work without a permit issue, right? Because the hill. >> it depends on on on what so he's got additions. >> it's an. Addition right. So he has a permit for the demolition. It's his own permit. It's not when he said the city is doing it city's not doing it right that's that's his the city never pulled a permit never even started doing that to do anything on his behalf. It's it's it's his I have it up on the screen so you can look at it just to give you the background right. >> but this issue. And this would say demolition total but it would say city if the city was doing. It I understand so it's his responsibility to act upon it right. >> so so he's got a tree issue. So obviously they went out there to work on the demo and there's an issue with a tree so he's got to take care of that and then he's got nothing else going on. Okay but very simply it seems to me that he needs time to close out. So so so both this violation and the and his attempts to comply with the requirements of demolishing this property can run concurrently. And if he demolishes the property within the time period the fines won't accrue. That's the way I see it. Um but let me turn back to you sir. Now I understand how that all works. Are you and I understand you contesting the violation or are you saying that you admit it but you just want time to be able to demolish the property to close the violation. What is your position or is it something else? Your pero no yo yo yo yo la propiedad. The violation exists. He inherited the property as is from his uncle. >> I understand that okay. City would recommend um 120 days because he's already processing it. It would be $250 a day thereafter but he can request more time if if he needs it on his permitting. Okay. >> you understand the city is recommending okay that I give you 120 days okay to either secure the permit or to take down the structure to close out the violation. All right. Are you going to be able to do that within 120 days? If not before the. Yes. >> okay. >> I'm going to order tell him that I'm going to order 120 days. But if for whatever reason he needs more time before the 120 days he can request additional time but it has to be before the 120 days expires so the fines are going to accrue. What's the daily amount? 150 okay okay okay. All right. So I've listened to the the respondents. >> okay he understands. I'm sorry go ahead sir he said okay yes. All right so I've listened I've listened to the respondents sworn testimony. I've listened to sworn testimony of the city. I find that there's sufficient evidence of notice both with regard to the violation with and by the and the documentation that the city has put up on the screen has been admitted to evidence as city exhibit a and collectively uh I've heard and seen sufficient evidence of notice both with regard to the violation with regard to today's hearing also sufficient evidence of ownership as well as sufficient evidence of the violation itself. Therefore I will find the violation of this order be corrected within 120 days if not corrected within that time period fine against the property amount of $150 per day. All right. Thank you so much sir. Have a wonderful day. Okay. >> page 37 property address 2361 northwest 31st street. Case number 00043320. Okay. >> yadira chavarria property address 2361 northwest 31st street. Is that you? Come on up. Yeah. >> that's my mom. Oh okay. No worries. Okay. She has a microphone. Can you can she say her name into the microphone? Yeah. >> okay. >> and you are the property owner at 2361 northwest 31st street. Yes she is. Okay and she's been sworn in. Correct. Okay. All right. Let's hear from the city. Oh let me what is what is the alleged violation. Case the alleged the well not the notice of violation was issued for illegal units work without a permit and removal of required landscaping. The notices were sent certified mail as well as posted at the property. Uh today the summons for the hearing is they've corrected certain things so we're just here for the work without a permit creating the unit, is that correct, inspector? That's correct. And again those notices were sent certified mail as well as posted at the property. Okay so all that's left the only alleged violation that's left is work without a permit. Yeah with the creating an illegal unit. And creating illegal unit. Okay. Um ma'am so there's two allegations. One is work without a permit and the other is an illegal unit. It's a garage conversion so you. Know a garage conversion. Um are you contesting that violation or are you admi