Code Enforcement Board Special Magistrate

Code Enforcement Board Special Magistrate — November 2, 2026 - 9:03 AM

opportunity to welcome you to the meeting of the city of miami code enforcement meeting. My name is darcy siegel and I am the special master who has been assigned to hear the cases today. At this point, if we can all rise and recite the pledge of allegiance together and. >> remain standing please so that you can be sworn in. I pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under GOD. Indivisible with liberty and justice. >> for all. Please remain standing. Do you solemnly swear or affirm the testimony you are about to give the truth, the whole truth and nothing but the truth? Thank you. You can have a seat. Do you solemnly swear? You do solemnly swear. Of do you solemnly swear and affirm you will translate from english to spanish and spanish to english to. >> the best of your ability. Thank you. Necessita derecha la verdad toda la verdad y la verdad. Do you solemnly. Do you solemnly swear and affirm that you will translate from english to korean, creole. >> to english to the best of your ability? Thank you. Bonjour. We're really gladys. This will give you an exemption for. All right, before we hear our first case. I have some a few preliminary remarks that I'd like to read. As a special magistrate I hear the case in the manner. Same as a code enforcement board I am authorized by florida statute and the city code to hear and decide cases brought against those persons and or property who have been cited for violations of various ordinances but who have not corrected the alleged violations or not corrected them in a timely manner. Each case will be called and the respondent whose property and or business is the alleged violator will be asked to plead guilty or not guilty to the issued violation or violations if the respondent pleads guilty, both the city code compliance department and the respondent will have the opportunity to explain what is going on and then as a special magistrate I will decide how much time, if any will be given to comply the violations in any amount and the amount of any per diem lien to be issued daily fines imposed can be up to $250 per diem for residential property and up to $1,000 per diem for a nonresidential commercial property for first time violation and up to $500 per diem for residential property and up to $5,000 per diem for a non residential commercial property for repeat violation if the respondent pleads not guilty, the city through the assistant city attorney will present its case after the city presents its case, the respondent will be permitted to present your defense. Both the city and the respondent will have an opportunity to present evidence and to examine and cross-examine witnesses if the respondent is not present and the respondent's representative wishes to present the responder's defense, the representative must either be a licensed attorney in the state of florida, have a valid power of attorney or some other legal document which gives them the authority to represent the property interests if the representative does not have a valid power of attorney or other legal document, then the case will be heard in abstentia and the representative does not have the legal authority to present a defense or testify before me if a hearing is requested through a plea of not guilty, the hearing is conducted in an informal manner. There are no formal rules of evidence. However all discussions, presentations and questions are limited to matters relating directly to the violations cited. After all the evidence is presented, I will determine whether the respondent is guilty or not guilty. If I find that the respondent is guilty. Then I will issue a per diem amount of fine that will be associated with that order. If I determine that the violation is one that has created an irreparable or irreversible harm through the evidence and testimony presented an additional fine of up to $15,000 MAY be issued. When an issued violation has been complied, it is your responsibility as a property owner to contact the code compliance inspector to have the violation complied. If the violation is not corrected by the required date, the per diem lien as ordered today shall issue without further hearing. The lien imposed will be a lien against the property and against any other real or personal property owned by the violator. If you need to request an extension of time after the imposition of time to comply today, you MAY do so online by visiting www.Gov.Com and in the search queue type in extension of time. You must request the extension of time before the time given today expires. For those here for an extension of time, please be prepared to let me know where you are in the process of coming into compliance with the violation, how much time you're seeking to extend your compliance date by and then I will request any relevant information and recommendations from the city. Lastly, any orders entered by me as the magistrate MAY be appealed to the 11th judicial circuit court of appeals within 30 days of today's date. That concludes my opening remarks. And now we're ready to begin with the calendar. Counselor has four cases on the agenda. I'm going to call. The first one is the extension of time page. 63 property address. 2742 southwest eighth street. Case number. 00054264. >> the second one is on page. 67 property. Let's just do the one at a time. Yeah [Laughter] ,because I get too confused. Sorry. >> good morning sir. Good morning. Could you please state your name and address for the record? Yes. Ben fernandez, 200 south biscayne boulevard here on behalf of the property owner and we are. Requesting. >> uh, your honor, we're requesting an extension of. 120 days. We have a building permit and we've made revisions. Uh, the master permit is expecting. Inspections shortly. Uh, we think that we'll have it all. Completed by the end of. JANUARY. >> but in an abundance of caution, we don't. >> have to bother you again. We would. >> respectfully ask for 120 day extension. No objection from the city. Okay. Um, since there's no objection, it sounds like, uh, you're at least trying to get there and I do understand the holidays coming up so there MAY be a little hiccup here and there. Um, I'm going to. >> grant your extension. >> of time of 120 days. Thank you very much. Okay. I know you have some other matters as well. Page 67. Um property address 101 north west 26th street. Case number. 0009425. >> good morning. >> good morning sir. Could you state your name and address for the record please? Yes. Good morning, your honor. Mickey marrero, 200 south biscayne boulevard here on behalf of the owner and operator. And there's two cases. This two addresses with the same property 101 northwest 26 and 111. >> I don't know if we can hear them together. It's the same page 71 property address. 111 northwest 26th. >> street case. >> number. 0009426. >> okay. >> thank you so so your honor, we've been you know the parking approval process is is quite onerous here but we've been going through it. These lots are currently they're doing the improvements they first had to obtain a an interim parking permit from zoning. They got that for the record. Pz23 you can see when they started. Pz2317068 subsequent to that they had to apply for a building permit to do the improvements. Required by the zoning permit. That permit was also obtained and for the record bd 24012127001. So now they're mobilizing and doing the work. Necessary in order to fully comply with the violation. The work has to be complete the permit closed but they're doing it. So we're asking for. 120 days to complete the work. >> and. >> hopefully close the permit. We MAY need more time but. >> I think 120 should do it. Okay. No objection for both from the city. Okay. Hearing no objection from the city I will grant 120 days extension on each one of those cases. Um and as you know, MR. Marrero, that if um within 120 days you feel like you can't comply, just request an additional extension of time and as long as you're moving in good faith, which it sounds like you are I know this has been a long process. I don't see a reason why that wouldn't be granted. So thank you. Thank you. And the next case is on page 75 property address. 459 northeast 25th street. Case number. 00075907. >> again, your honor mickey marrero, uh, 200 south biscayne boulevard here on behalf of the property owner. So your honor, on this one we're actually I'm fairly certain we're in compliance. I spoke to the city attorney earlier. What happened was the. Inspector on the case transferred to the zoning department. So we've been sending uh basically it was for without permit we have the permit. There was a companion. >> unsafe structures case that's closed out. We have a closeout letter. So you demolished right? What? You demolished everything. Yeah, I noticed that on there. So we're just going to request 45 days. He's going to email me make. >> sure that we can get it closed out and that should that should be the end of it. So again that was when the inspector they're not with the. >> department anymore so we should 45 should be enough just to get it closed with the city. That's what I was just pulling up as you can see they have the um the final on their. Demolition permit from. 2025 so it would seem that it. >> should be all complied. We'll just make sure and take care of it. Okay I'll give you 45. >> days. Extension of time. Thank you. >> very much. Close this matter out. Thank you. Thank you. The next extension of time is on page. 102 property address 70. 7101 north miami avenue. Case number. 00146272. >> the gentleman has a. >> proper power of attorney. Thank you. Good morning sir, could you state your name and address for the record please? Justin tahrani 7101 north miami avenue. Um, I understand you have a. >> proper power of attorney. What is your. Relationship though with the property? An employee of the ownership group. Okay, so tell me what's going on here. There was no certificate of use and I see that there was failure to. Obtain a btr for the type of business conducted there. So a number of the tenants in our units at the warehouse did not have see us and uh every unit so far has obtained their see you and btr with the exception of units 103 and. 106 103 is pending only their btr. 106 unbeknownst to the ownership group was not a legal address so we had to submit plans to the city in order. >> to legalize that. >> address and currently. >> those plans are in their. >> second review. City no objection to what 120 days? Yeah okay. I think. >> you can get. >> that done within 120 days as long as the reviews go well okay. All right. Um based on no objection from the city, I'm going to grant the 120 day extension as I said earlier that if for some reason you can't get it done within the 120 days, make sure that your employer understands the property owner and files an extension of time before the. Expiration of the. >> 120. >> days. >> because otherwise you'll be in default. Okay. >> thank you, thank you. Extension of time page 47. Property address. 5296 northwest fourth. >> street case number. 00139132. >> one. Morning. Good morning sir. Let me just get there. Okay. Um, could you state your name and address for the record please? And 5296. North. >> fourth street miami, florida 33126. All right. Give me a second here. Page 47. Okay. >> mm. Is page. >> 47 or item 21? Yeah. >> I know. I'm looking at the. Agenda. And I don't see it. Oh it started here. Okay sorry. Okay. >> and your relationship to the company. It's too late to request an extension. No no I. >> understand. But your relationship are you the owner the. >> owner of the property and we've. >> we've verified that. Correct. >> okay. >> I was about to. >> flip to show you. Okay. So it appears that you had had two violations on this property one work performed in the right of way without an approved finalized permit, but that was complied back in JUNE and then you have work another violation for work performed. >> without a. Finalized permit. So tell me where you are in the process. Um I, I have a problem with a. Contractor. And submitted the permit and the plan for for this one I resolved two more violations before but this one was. I need more time because it has taken more time. What's left because you've done a bunch of work. So what's um what's. >> left for you to. >> comply. Is. >> the the fence. The fence yeah. Okay. >> is that all that's left is the fence but before how to or. Remove in that process how the permit will be or remove the what is existing or create another one new one. And this took more time for the contractor. Yeah, he did the he did the landscaping. He did all of those that he needed to do. So you just have the fence left. Um he's done his windows and doors. You just need to do the fence. No objection to. 120 days okay. And if he needs more time he. >> can come back. Okay. >> think you can get it done in 120. Days.. 120 days. This is basically four months. Yes. >> do you have do you have a permit for the fence or you don't have not yet. Not yet. We submit the process but I was in the middle. That. Was a. >> lot of. >> issue with that. What is the taking more time okay. All right. Yeah it's uh I'll show it to you. This. >> one it's. >> right now it's an active he said he was having issues with the contractor so okay. All right. Um based on the city's um recommendation as well as your statements. I am going to grant you 120 days to bring this property into compliance. I understand it's just a fence. Um but I also understand that there's a process. So if for some reason you cannot comply within the 120. >> days, make. >> sure you. Request an extension of time. Another one yes. Okay. Before. >> before the expiration of the 120 days. Okay. Yeah. All right. Thank you. I'm going to grant your request for extension of time and give you 120. >> days to bring the property in compliance. You're welcome. Thank. Extension of time on page 56. Property address. 1774 northwest. 42nd street. Case number. 00129887. >> good morning. Good morning sir. My name is frederico. >> fernando crespo. I am the. >> owner of. >> the property with my wife. Okay. Do you need an interpreter? No, I speak english. She. >> just needed. Is. >> she going to speak as well or just you know she don't speak english. I understand, but is she going to be speaking today or is it just you that's going to speak? Okay. All right. Um MR. Crespo it. >> appears. >> that your property. >> seven to. Your address. What's your address? I need 120. >> days more attention or time. What's the address of your property? The address? Yes. 1774 northwest. 42nd. >> street miami, florida 33142. Okay. Thank you. They currently have their plans. I have it up on the screen in. Prescreening so they are starting to process. Um. And then they have um they have an active permit and it looks like they also have some permits that they're dealing with. So we'd recommend the. 120 days. >> okay. The city's recommending 120 days. >> you think you can get this done in. 120 days? Yes I need that starting SEPTEMBER 5th, the first. 120 days expired SEPTEMBER 5th and then I need. 120 days because the last city requirement that the driveway we do the driveway approach, we modify the driveway. All the cities say we do it but the last city requirement in the long list of city requirements that will accomplish every every one is that in three feet on each side of the driveway must be with. Permeable pavers. Even when we have ten feet beside with grass. But that is the last city requirement that must accomplish and I need extension of time to. Accomplish. >> with that. Another. >> city requirement. Okay. All right. Sounds like you're moving forward in good faith. Sounds like you've done a lot on your property. The city has no objection to 120 day extension. So I'm going to grant you give you 120 days extension if for some reason you cannot comply in the 120 days, make sure you request another extension of time. Okay but I'm going to grant today give you another 120 days so. >> you can complete the project. Okay? Yes. >> okay. Thank you. I will be happy to accomplish everywhere. But this is a. >> city will be too and I. >> will too. Thank you. 120 days page. 54 extension of time property address. 3671 southwest 13th street. Case number. [Laughter] 00156006. >> could. >> someone explain to them that if they're finished they can leave unless they want to stay? Okay. >> good morning. Good morning sir, could you state your name and address for the record please? 123671. >> southwest. >> 13th street. 33145. Okay. >> I'm sorry. >> your name again? No one. Asela chandimal. Okay. Thank you sir. It appears that your property um located at 3671 southwest 13th street was cited for tree removal trimming root pruning without a permit. That's not complied. And you're here today on an extension of time? Yes. Could you tell me please, what. You've been doing, um, since the last time you were here? So I have already asked for the permit. So it was I submitted everything which was asked for. >> by 28th of AUGUST so I'm waiting for the they are they have submitted. Everything um so recommend 120. >> days. >> okay it's still it's still in review from AUGUST it can be yeah there's one in pre screen. Corrections and one in review. >> so I don't. >> know why two got opened up but it should be only one because yeah so it's probably what happened. They. One got started and then it moved to another one and or I mean I noticed that one was from APRIL so maybe it was in pre pre screen corrections. >> and then got pushed over to uh just in review maybe and then understand I think we maybe have three people in our tree review group. So it does take time. >> it's you know when they get started it's it it takes time. >> on both sides. Okay. >> and um, what is the city's recommendation for 120 days? Okay sir you think you can comply within. 120 days? >> it's with the city so I have submitted everything they asked, so. Okay. All right. Um, I'm going to grant 120 day extension of time. As I've said previously, if for some reason before the 120 days expires that you cannot come into compliance. You see that maybe because of the holidays the city has taken a little longer than usual. >> just. >> requests go go online and. Request an extension of time. No problem. Okay. >> thank you very much. Have a good day. Bye bye. Extension of time page 45. Property address. 152 north west 34th street. Case number. 00107641. >> good morning. Good morning. Could you state your name and address for the record please? Marisol garcia. 152 northwest 34th street, miami 33127. Okay, this has been going on for a little while. Almost a couple years it seems. Um, it seems like the property that you own at 152 northwest 34th street was cited for work performed without a permit but that was complied and now you have outstanding outside storage of miscellaneous materials equipment and um debris. I'm sorry that one was complied but the work without. >> the. Permit they finally they have their permit issued so they're actually city is going to recommend. 120 days. >> the permit has. >> been issued now and they're moving forward. This has taken a while. Yeah we're actually doing the rescheduling of. >> the rest. >> of the inspections that are pending so we can finalize all of this. Okay. >> and when do you have them scheduled or you haven't scheduled them yet? So the contractor is updating the letter that the inspectors came out and said update these letters were submitted to us and we'll come back out. Okay. They did look at it and they said it looks good. We just need you to. Finalize the letters that you have and then we should finalize with the inspections. Okay. And make sure that your contractor though calls for an inspection. Don't leave it up to the city to you know that you told them at one point that you're going to. >> need inspections. Make sure he stays he or she stays on it. Okay. He's been doing it through the I build and every time that he. >> does that I get a notice that he's done it. So we okay communication. Very good. Very good. Um well based on the fact that it it's obvious that you've really been moving along here um I'm going to grant 120 days which I think is more than enough time for you to finalize the. Permit and put this behind you. Thank you. Okay. Thank you. Extension of time. Page 51. Property address. 2495 southwest 21st terrace. Case. >> number. 00108328. >> good morning. >> good morning. Could you state your name and address for the record please? Wilbert 2495. Southwest 21 terrace, miami, florida 33145. Okay. >> who is who. >> is sarah? [Laughter] Me? >> oh okay. I said okay. Okay. Um, it appears that your property located at 2495 southwest 21st terrace was originally cited for three citations. One was complied back in OCTOBER of 2024 but the other two remained um not complied. One was for signs on city property and placing signs advertisements that was complied back in OCTOBER of 2024. But you still have failure to maintain the exterior of commercial or residential property and work. >> performed. >> without a permit. So where are you with both of those matters? So we are working on both um the. Contractor we already got the permit for the windows. >> and the. Contractor is about to ask for inspection. Okay. >> and will that. Finalize everything or you still have other work that you need to do? Uh well just the the painting so yeah. So the painting and the windows. Yeah. They do have their their permits in there. >> they're going to need to get. >> this done. They are moving along the city recommend 120 days. Okay. Um city's recommending 120 days. You think you can get it done in 120 days? Okay. Sounds like it sounds like it. Okay. Um, I'm going to grant your extension of. >> time and. >> give you 120. >> days to bring this in compliance. Thank you. Thank you. Page 97. Extension of time property address. 3199 south west 26th street. Case number. 00132713. >> page 97 property address. 3199 southwest manuel francois .Okay, here. >> you go. Good morning sir. Good morning. Could you state your name and address for the record, please? Manuel francos 3199 south west 26th street. Okay. Um, MR. Francos, it appears that your property at 3199 southwest 26th street was cited for three violations back in JUNE. Uh, looks like back in 2025 one was for parking a commercial vehicle um bus trailer or semi trailer in the right of way that was complied back in JUNE of 2025, but there were still two violations that remained not complied. One was carport awning and or canopy without a permit. So I guess that was constructed without a permit. And the second was work. >> performed without a. >> finalized permit. Where are you in the process right now? Right. >> now getting the letter. The . >> contractor, the engineer and uh could you just speak in the mic please? The as built letter. That's what I'm I need to get. He doesn't have any processes. Uh, in he is attempted to upload four. Different applications. >> they've all been. >> canceled or expired. Correct on the I built right. Yeah the . >> the. >> people that I hired didn't come through. I know and that was the. >> problem I. >> was having now I got the. >> city of. >> miami the fire. Department you got to speak right into the mic speak in the mic. I, I. >> was having issues with that with with getting. >> somebody for. >> the job. Who's your contractor now? Who's your engineer? The. >> engineer is cnocno. Permits. >> okay so you have an. Expediter is they're the ones that. >> are connected me. >> with the contractor. Engineer and. And the architect and have. >> you paid them? I've paid them a deposit. Okay. >> the city would. >> recommend. 90 days that way. Um, we can come back. >> and give us an update to. >> make sure that it's followed through this time. Okay.