all right ladies and gentlemen good morning this is a code enforcement hearing for the city of North Miami today is July 3rd Wednesday 2024 I am Jose Smith special magistrate for the city of North Miami the special magistrate is empowered under the Florida Statutes and the north Miami code to hold code violation hearings the purpose of this hearing is to determine if a code violation exists on your property as seen and cited by a code enforcement officer of the city if the city is not able to prove its case then I will dismiss the case and you may leave these proceedings are being recorded so all persons speaking should do so one at a time to ensure that the testimony is clearly audible on the recording device if English is not your primary language then please inform me when I call your case we have interpreters who will assist uh you during the proceedings when your case is called the property owner agent for the property owner and any witnesses that you may have should announce your presence when asked please speak directly into the microphone and say aloud your name your business or mailing address and your relationship to the property if you are not the property owner or an attorney representing the property owner then you must present a power of attorney or a notorized statement in order for your testimony to be taken on behalf of the property owner for new cases you will be asked if you are aware and understand the violation that is being heard today and if you understand what is required to resolve the violation the city will present its case first and then the property owner will be given an opportunity to testify their own behalf bring forth any witnesses to testify present evidence photographs other documents you also have the right to cross-examine the city's Witnesses following the case presentation I will isue findings of fact on the case by find that a violation of city codes exists or existed at your property then depending upon the case type I will set a an abatement date or a compliance date uh for the violation to be resolved or for repeat violations I will impose a daily fine amount for new non-re repeat cases my order will include an abatement date by which you must resolve the violation and a daily F amount that I may impose at a future hearing should the violation not be resolved by the bment date if I find sufficient cost to postpone enforcement uh at this time I will table or continue the case uh until a further date in in the future if you do not agree with my findings a fact or my ruling then the property owner May appeal the administrative order on the case to the Circuit Court an appeal must be filed within 30 days of the date of the execution of my order in accordance with Florida law if a person decides to appeal any decision made by a special magistrate with respect to any matter considered at these proceedings then the person will need to have a Verbatim transcript or the record of these proceedings This Record includes the testimony and evidence upon which the appeal is to be based the cost of obtaining the verbatim transcript shall be the resp the responsibility of the appellant and it is recommended that persons who plan to appeal should provide their quote reporter their own quote reporter at this proceeding pursuant to city codes if the city of North Miami prevails in Prosecuting a case before the special magistrate the city shall be entitled to recover all costs incurred in Prosecuting the case the current cost assessment is $100 per case once the City Records an order that imposes a fund and authorizes the levy of the filing of a lean against the property then the city will charge additional administrative fees to record and releas the lean um at this time I believe the clerk will um either swear in the witnesses or we will have a pledge of allegiance I forget which goes first which order yes magistry thank you everyone again um I will be having the police officer to administer the oath to the officers and the inspector so if you all can enable your audio and video please inspector Coulson marillo for team building and everything and we didn't have a chance to get to it because we were Soo busy so I'm actually I sent a notification that the meeting was being postponed but I'm I have a audio coming in sure where that's coming from can there was another there was another meeting I think okay I think they muted at this time all right thank you officer Carter okay please raise your right hand do you swear or affirm that the testimony you are about to give in these proceedings will be the truth the whole truth and nothing but the truth if so say allow I do I do I do thank you all right now we'll have the office administer the oath to the translators if we have our translators available all right we don't have our translators here with us let me go ahead we'll uh we'll go ahead and square them in uh later if necessary okay okay we have one all right if you don't mind enabling your AUD and video audio and AIO video able as well you guys able to see me no we hear you but don't see you is that the Spanish interpreter yes I believe so we got to be able to see you otherwise um yeah I know uh we have a problem no no I'm moov my camera I what's going on all right maybe you'll have to sign in again uh in the meantime we can go ahead done talking so we'll lower your hand okay can anyone hear us we can hear you can you please mute your mic until we give you a call thank you okay all right so um translator go ahead and try to restart that and in the meantime I'll go ahead and read the instructions okay all right good morning everyone thank you for participating in today's special magistrate hearing I will review The process by which today's hearing will be conducted if you are using two devices to participate in today's hearing be sure to your audio is only enabled on one device I'm sorry I'm getting some feedback one moment sorry about that when your case is called if you are signed into to zoom you will receive a notification giving you access to the audio and video so that you may give your testimony if you are physically at the city hall and wish to give your testimony you must sign in at the code Clerk and await your await a text message indicating your case h your case is ready to be heard upon receiving that message you should immediately come to the code compliance office to be provided with access to a computer if you would like to speak on behalf of a case once the case is called you should click on the raise hand button to be acknowledged before giving your testim testimony on your case please state your name property address relationship and relationship to the property if you wish to have an interpreter assist during your case please indicate this when your case is called magistrate that concludes the instructions all right uh any U additions deletions changes yes we do have three amendments to the case item number 24 on the agenda is closed okay go go slowly so I can make notes we don't have to redo this later so uh 24 um item 24 can you read the uh case number for the record sure item number 24 is Jean Max forville and W Joselyn case number CB p2023 0086 is that closed because of compliance compliance okay very good next one item number 25 Gan r no g e I'm sorry G I mean CE no I'm reading the item number number 25 Gan rodado with W case number is C GMP 2022 00118 this is also closed due to compliance okay and the F the third one the third one is item number 35 know me Condominium Association Inc case number is CB P 2023 00781 and that's closed because to compliance and then allow me to give you your abatement dates let me know when you're ready okay go right go right ahead all right you're your 30-day abatement is August 19th 60-day abatement September 16 90day abatement is October 20 got it all right so at this time if everyone can enable their um video we're going to do the pet Pledge of Allegiance officer Carter please place your right hand over your heart I'm over your heart than see us 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 all right are we ready to call the first case thank you officer Carter for that all right so we're going to start the hearing with item number 15 on the case and that is Daniel Daniel M I love M I love case number is c m i s 2024 00 1 93 Daniel if you can um accept the invitation that I just sent you Daniel are you can you hear me we hear you but we need to see you Daniel yeah I don't know how to get this video going there should be a little um I see on the bottom it should be on the bottom left hand corner next to your microphone it's an image of a a recording camera so I see a mute button I see a hand a chat captions and more I don't see an actual camera um check in your more to see if there's a video option more may be uh three there may be three little dots on top on the right hand side of the image yeah yeah I press that and the only option it gives me is disconnect audio so you're gonna have to scroll your hand to the left and then on the left hand side you'll see a mute and a start video to my left yes on that bottom left uh you can have to do that there yeah it's not it's not there's nothing there it doesn't scroll left or right it just stand still are you on a on a phone or a desktop I'm on a phone I can get on a desktop if you can please that um so we can one second okay let's proceed to the next item and give uh Daniel a chance to reconnect all the next item we're going to call on the case is item number 11 and 12 one moment please is Aruba Investments 155 LLC case number is C fob 2022 00143 this was previously found guilty by magistrate Smith with an abatement date of November 16 2024 the fine was set at $250 plus the $100 cost assessment and item number 12 Aruba investment 155 LLC CCU 2022 00290 previously found guilty by magistrate Smith with an abatement date of November 16 find set at $250 per day plus the $100 cost assessment and janaro is the officer on this case all right let's hear number 11 first yes your honor Spector Moro um neighborhood service department C in Miami little louder please can you hear me yes yes your honor um this case was open on March 9th of 20122 to property a just 15500 bis G on Boulevard um this was a reference for not having a business act receive um for [Music] um um cascat restaurant at 1554 um this case um um for my final inspection there still no compliance up of um June 18 of 2024 the not to appear was posted at June 3rd of 2024 and on June on 5th this um um notice to appear was on mail okay when was your last inspection on June 18 okay I'm familiar with a case uh since I adjudicated it um so the abatement day was November 23rd November 16 2023 16th of 2023 and uh there's no compliance as of uh June correct perfect yes sure for a business tax receipt is the is business still operating yes your honor okay based on the testimony of the city's code enforcement officer and the evidence presented showing that the property has been out of compliance since the uh abatement date of November 16th I F in favor of the city hereby ratify the fines approved to date uh in the amount of $250 uh plus $100 uh cost assessment the fines shall continue to run on a daily basis until there is compliance um next Cas question for you magistrate Juan Juan sell is here to represent it the case and he wants to ask some question is anybody else gonna be able to be heard or just the city no you can be heard one Mr magistrate go ahead sir but that's my question are you just going listen hear the well I we did not know that you were on the Queue so uh I have I have an appearance you you just logged in so that's why I clicked on yeah the hearings are set for 9:30 sir they're not set for 950 so if you I've been I've been online since 9:30 okay we didn't know that go go go ahead and I'll uh be happy to listen to you and if you make if if you make a case and and convince me that I should reverse myself I'm happy to do it but explain to me sir why uh you have not uh complied with my order of November 16th requiring that you obtain a business tax receipt well first let me put go ahead let me put on the record my name is Juan Cales I'm a partner at the law firm of Jones Walker L on behalf of Ruba Investments 1055 who is the property owner we getting some feedback from you but Juan if you can have enable your audio and your video so we can see you as well Juan the own owner of the of the restaurant here uh and for some reason I was not invited I uh uh to testify a bit but I'm I'm here we can't see who's speaking we need to be able to see you and be able to speak to you how do I don't have this option of the camera unfortunately I can't enable my camera either well I can't hear I can hear both of you at the same time so you have two two M Mr magistr you have two parties here before you today um my name is Guan Cales on on behalf of R of Investments Juan Cales Wales give me a moment Juan I'm trying to give you an instruction if you can please hold on a second I'm trying to see if I can send you the invitation again to enable your video and your audio same thing for me Alexander robinsky Madam clerk can we also confirm whether or not the restaurant owner was already sworn in with the previous Pro right so once I get them their audios I want to go ahead and try to I can join as a panelist you need to join as a panelist can you hear me we can hear you guys we just need you to enable your videos we hear everyone we just need your videos enabled I'm sorry I'm trying to I'm here I'm sending the invitation for you guys to accept so you can get all right so if all of you can please raise your right hand so I can swear you in um do you solemly swear or affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do all right all right sir sir please be quiet let me speak first and then I'll give you an opportunity to respond okay I I had just entered an order which I am happy to reconsider after I hear all the evidence from whatever parties are involved okay that we're going to handle this like we're in court okay Mr Cales you spoke first so I'd like you to identify yourself again tell me what firm you're with and the party that you repres is that yes sir my name is Juan suralis Jones Walker on behalf of Aruba Investments 155 LLC who is the property owner of the shopping center located at 15500 uh biscan Boulevard North Miami my client is a party that is cited with these violations because it is a property owner where the subject premises are located the violations however are that of our tenants rusy LLC doing business as cavc restaurant uh and they are the party who has undertaken corrective actions to comply with these violations they have a representative here uh appearing before uh or here president today at the hearing as well we give more details but it's my understanding that they have worked diligently and in good faith uh to comply and that they have good news to report today uh that that they have obtained approval of all their permits uh in their plans permits were approved as as recently as yesterday by the city of North Miami uh and with that I'll turn the floor over to our our tennis representative who give more details all right what is the name of the tenant representative Alexander rinsky okay do I see you there you are okay you you are the tenant for the restaurant that is correct sir okay you were cited November 16 2023 for not having a BTR right uh and and I heard um Council say something about a building permit that is correct what what what is the relationship between uh the the uh building permit and the failure to secure a business tax receipt what what's the relevance of a building permit okay so um the reason why uh we cannot like f first of all I would like to say that business tax receipt and the CU both of them are paid uh in full uh every single year so like we don't have any outstanding balance uh the reason that we don't have it uh in compliance is because uh we did some uh additional construction on in the rest which were not which was not permitted and uh that's why we uh our certificate of uh use and uh business stocks were pulled out and that's why we went into violations so we have submitted the plans uh with the to to to legalize this construction and the comments we have received back from the county first that we need uh to increase uh our uh capacity in terms of grease trap and uh to add an addition evacuation exit uh so all those things were added to the plans uh the review was uh completed by the county if I'm not mistaken around February or March and was submitted to the city for their review uh the plans were finally approved uh and uh we have the GC and we have the permit in hand which was picked up yesterday uh up until now we just paid in fees almost $30,000 13,00 ,000 was for the fees of the county for water insure $113,000 was to the city for water insure and as well as yesterday I paid $2,300 for the permit of construction um I actually even invited uh our GC to to be on this meeting I don't see them currently because maybe they couldn't join as well ah there she is Paul Korea she is the GC who we hired to uh to help us not to help us to do the construction for us at that at the restaurant uh which we starting on July 15th uh there is a lot of work that needs to be done we have uh uh many trades are already aligned because we need to cut uh the floors we need to uh remove concrete to install grease trap to uh to open uh to do another opening in the in the concrete uh block wall for the evacuation exit we have electrical work uh scheduled so I try to upload uh all the evidence with the contract with the GC the permit and the and the schedule of construction but unfortunately um the evidence couldn't catch because it was after June 17th and I'll be honest it's my fault I didn't see that the evidence needs to be uploaded before that uh so we do have a contract we starting construction on July 15 uh it's already confirmed with all the parties and the permit is on hand so uh it's from this point hopefully everything will go smooth if we're not going to uh face with any uh obstacles during the construction uh process hopefully not because for us as a business it's really important to be open as soon as possible because we have 10 employees to who we pay uh salaries plus we have the rent so for us it's extremely uh important to finish with these with those violations as soon as possible uh and currently uh I have a schedule uh you if if I can I may I I can share it with you on on the screen here uh for construction I I don't I don't need to um to see the schedule on the screen I need you to make a commitment uh as to uh how much time do you need to uh complete the work and to get the uh both the the CU and the business tax rece currently uh as per schedule if we're not going to face with any delays in inspections and or any any unforeseen events on construction side currently the schedule shows that we will be 100% complied by August 30th okay uh the the illegal construction that led to the uh problem uh was an increase in the size of the restaurant is that what I heard yes and because of that uh there was an issue with a greas strap who who who brought that up so uh we submitted to the count sorry to the city first and then we it went to the county uh that we were um uh we were trying to legalize this construction we put it half wall we put it the stage uh it wasn't like a full structural it just was a partial Construction but when we submitted the documents for approval uh it we got a push back because they said for that for a restaurant H you need to comply uh in terms of uh grease trp this is the new regulations in terms of the capacity you need to add an additional evacuation exit uh so that's basically what happened because originally when we opened the business this was we opened the business as a a grocery store and a small uh uh Deli uh and then we switch the the business uh to a restaurant and uh when we did that we did this additional construction but it wasn't legalized so when we submitted documents uh for approval we got a push back that we need to add all those things and that's what caused uh this process so so the original the original um certificates of use and the original business STX receipts were for a different business than a restaurant it was a grocery store and we changed then the certificate of use to a restaurant uh which was done everything was done as per uh regulations the only thing is that uh this construction that we added we didn't know that it needs to be legalized at that point and uh that's why uh when the inspector came to do the uh Revisited this the the the restaurant uh they uh they uh pulled it back and said that we are not in compliance and that's why uh we're facing with what we face right now okay so um you you're you were dealing or are you still dealing with durm at the county or no it's completed fully approved uh it's just in terms of construction right now so that's why uh the per so what are you going to do what are you going to do between now and uh the end of August when you say you're going to be completed what what on the 15th we started in construction on the 15th we started in conru ruction the first couple of days are allocated for the demo and removing the concrete uh slab uh for the installation of the new grease trp uh from that point we will uh we also opening the the doors doing the rough inspection for the plumbing and for the for the framing uh and then we're going to install the grease trap uh do the rough inspection of the uh footings to be able to pull back the concrete uh going through final inspections of Electrical Plumbing and building and uh requesting uh to revisit our uh our premises for compliance to get our our certificate of use uh and uh and and pay for the for the for the business tax all right let me uh at this point let me hear from inspector Moro and uh ask him um what the city's uh position or recommendation is regarding this uh violation your honor I'm just going to add that you know just um that they have been operating a lies I can't hear you you Lo we lost you we still can't hear you General we can't hear you you he yes you're in and out so you hear me yes yes so y I just wanted to add that they have been you know operating with a licy as they were originally um cited um in this condition and this case has been open for over two years already um we have gave them several um extension so I'm just wanted to add that so whatever is you decide your honor I'm I'm fine with that okay um as far as the um permitting and the plans that they've submitted and the work that they are saying that they are uh in the process of uh undertaking uh do you have any reason to believe that uh that that information that they provided is incorrect uh I was not aware of that until the other day I think it was um I don't know who was it was either Alexander or Juan Calli and they told me about all this permit that they were working on but so far I mean I didn't know nothing in detail until um just now okay uh Mr sares um first of all let me let me just say that um that understand that you're the owner of the property you're representing the owner of property uh the the law is clear that the ultimate uh party that is responsible for any and all violations is the owner of the property I understand sir and in some in some municipalities the tenant may also uh share the liability but you as an owner uh and and you are are the one basically that's being cited and and and I I understand the concerns that many landlords have with respect to uh tenants who do work without uh necessarily uh letting the landlord know and uh since you are the owner and and and you probably have a lease with your tenant uh it would behoove you to be on top of your tenant to make sure that once these these violations have been identified that everything that is supposed to be done is done I can assure you your own we do so almost every day okay and uh and many times uh owners exercise their right to terminate a lease when the the the tenant is in violation uh and so I I would definitely use that as leverage I don't know how many tenants there are but um uh because uh of the work that is being done and uh the the fact that that it's it's your tenant it's not you uh what I'm going to do is I am going to table this case I am not going to wait until the end of August I am going to uh give you until uh the abatement date of uh August 19th I'm I'm going to table it I'm going to resend uh suspend the order that I dictated a little while ago before I knew that you were on on the call and so so what I'll do is I I and and you need to really stay on top of your tenant because again you you are ultimately responsible I know that you know for the most part it's the tenant's responsibility but you also share some of the responsibility here so please work with your tenant do whatever needs to be done as quickly as possible and I'm going to table uh the matter until August 19th at which point if if there's no certificate of use if there's no uh business tax receipt or if there's no um if if there are any any building violations I I will U definitely ratify the fines and um and and the fines will stick so um or if if your tenant cannot compl Li by then then uh what what you may consider is an eviction proceeding for the violations and and and that'll protect you from any any further responsibilities but right now I'm I'm going to be a lenient and and give you a little bit more time to uh to get this uh uh these premises in compliance it it's it's a certificate of use and a business ta receipt on both cases I'm going to table them until August 19th is there a hearing on August 19th or or do I just follow up this with the city I I missed the first part of your question can you repeat we're we're ating till August 19th is there a hearing on that date or do I follow up with the city no there will be a hearing on August 19th no no no magistrate August 19th this is abatement date however the hearing after that abatement date is the September 4th okay so uh so here's how it works I'm giving you until uh August 19th but uh on September 4th I will rehear the case if there has been compliance by August 19th then I don't need to hear the case if there is no compliance by August 19th then there there will be a hearing on September 4th just one more question uh the fines that have been uring uh uh since uh when when is it the um November 16 what is happening with those those fines well those those violations and those fines have not yet been R ratified that that's the first thing that I did when we started this meeting that was my understanding I I ratified those fines those fines right now are in a pance pending compliance so if there's comp liance by August 19th then uh there will be no fines if there's no compliance then I will exercise my discretion on September 4th and uh make a determination as to uh whether whether those fines um are ratified and mod or modified or mitigated in some fashion so we'll we'll talk about that if there is no compliance hopefully there will be a compliance on August 19th thank you your honor before you make your final ruling um permission to speak I'm sorry permission to speak from the city's side before you make your final ruling a absolutely uh uh Madam City attorney go go right ahead just point a clarification um the abatement date has already been set in this case the abatement date was November 16 2023 the city has no objection to tabling this case to allow further compliance before the fines are ratified however the city does object to the changing of the abatement date um as you are aware the city has the ability um to go retroactive on the fines to the original abatement date um so the city wants to clarify that August 19th is not the abatement date it would be the original abatement date of November 16 2023 I I agree with the city attorney completely it is it was never my intent to change the abatement date it is merely uh my my decision is to table it uh until my next hearing uh of September 4th thank you there is no change there is no change in the abatement date if the if if there is no compliance by September 4th when I rehear the case then all the fines that have been running from day one will be ratified thank you your honor thank you for the CL yes you're welcome your honor just add something um if I yeah quickly because we we need to move on we yeah I'm yes very quickly it's uh we're gonna construction wise we're going to be completed uh uh I just want to say that I need a cooperation with the city in terms of inspections uh and uh getting this uh uh uh finalized because construction wise I'm 100% committed to comp before the 19 Mr I heard from inspector Maro that he had not heard from you at all so communication Works sir let me finish communication works both ways you want the city to go out there and do inspections you got to call for inspections your your your contractor has to call for the inspections it's very easy to blame the city when the contractor drops the ball okay no I and I agree with 100% and most of the time it's not the city's fault it's the contractor's fault so make sure you're on top of the contractor to get whatever inspections are necessary and absolutely if if if it if it hopefully it won't but if it comes back before me and by some uh strange coincidence uh it turns out that that the inspector dropped the ball I will take that into consideration but typically it's the contractor that hasn't done the work that that always it points the finger at the city for any delay so you better be on top of the contractor absolutely and that's what what will be done the only thing I would like to say that inspector murilo was aware of the construction and the permitting process even in the evidence documents from the previous uh hearing you can see that our permitting process was attached to that so there was a communic you you basic you you you you know don't drag how do that how does that saying go don't don't the Fe from from from Victory okay you you won stop talking okay so let's move on to the next case thank you thank you thank you magistrate we're gonna try again with Daniel MC Halo Daniel I sent you the invitation to um become a panelist if you can please enable your audio and video is ready um I think you guys are be able to see me now yes we can let you guys know okay So Daniel if you can please enable your audio and video can you see me we cannot see you Daniel but we can hear you are you on a desktop you see all right all right perfect thank you all right just please hold for a second let me call this case into record all right magistrate this is item number 15 Daniel Micha case number c m i s224 00 1 93 um the officer on this case is Officer Millo and we do also have one of our police officers who is on this case officer Jean Sosa yeah I I saw I saw the officer earlier and I was going to ask on what matters he's here he's here he's on yeah on what matter he was on because I don't I don't like to have police officers hanging around when they should be uh protecting the public so you typically I called on officer on on matters involving uh Law Enforcement Officers first so let's hear let's hear uh first let me swear Mr Daniel in okay Mr Daniel if you can please raise your right hand do you solemnly swear and affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do all right Officer janaro and Sosa okay uh Mr uh McKay uh F first of all are are you the owner of the property yes 1855 hibiscus Drive yes I I didn't hear it yes yes do you want a vote Yes do you understand the uh nature of the charge the violation that has been uh filed against you by the city of North Miami do you understand what you're being uh charged with yes okay uh do you uh agree with the violation or do you contest the violation they haven't given me any information it just says that I'm chartering illegally and that's all I know there was no real information there was no um nobody ever reached out to me about anything the only letter I got was this letter right here and this letter right here um my name you sir go you you live in a residential area right I do yeah okay uh I I've seen the file and uh you there's the vote uh do do you not understand that you're not allowed to engage in boat charters from a residential area is that something you didn't know before or um well first of all I didn't engage in BO Chargers out of my house I do have receipts from Duffy that I pay $250 for pickups um I do have a partner and we do have friends and family we let them use our boat pretty often uh which I didn't know that was illegal all of those cars in the driveway I can tell you every single person whose car that is by name um there was nothing illegal done uh nobody has ever approached any of my guests to ask them if it was a charter or not um you know so I maybe Charter my boat twice a month if that I don't use it as a money maker it's my private yacht um you know and like I said they can go to Duffy's they can get the receipts from every time I've pulled up to Duffy um the charter companies who I use maybe one or two Charter companies know exactly the address where to do pickups and drop offs which is again duffies um you know I feel that this was just an attempt to try to see if I'm chartering or not because I personally has never chartered in my house and I don't want random people showing up to my house to Charter My Yacht you know um I do have a BTR from City of Miami I was in Miami Beach marina for about two or three years I never had a violation no issues no nothing um you know for me this was a surprise and I've obviously asked my guest if anybody's ever approached them or asked them they said no nobody's ever said anything I've asked my captain which I use only one captain he says nobody's ever approached him or asked him anything um so to me this was like a little weird that I even got this letter saying that I'm chartering out of my property with no evidence who who are those people on the boat those are my friends I invite people on my boat all the time I'm going to invite people on my boat on Fourth of July I'm inviting people on my boat this Saturday coming up you know um I let my do they do they do they contribute towards the purchase of fuel no they don't contribute nothing and I don't need them to contribute you pay you pay for all the fuel yourself yeah I pay for all the fuel myself all the time I where do you get where do you get the fuel I got the fuel from a truck that delivered it uh right before I went to a bimin trip uh maybe a month ago or so I used to get my fuel at Miami Beach Marina when I was there for a few years but ever since I don't doctor anymore I talk in the back of my house now I had the fuel delivered by a Truck Yeah sir sir I'm I'm very familiar with the Miami Beach Marina the Miami Beach Marina is not in a residential Zone uh in order to operate there you do need a business tax receipt and it is not the same situation it is not the same situation as doing business from your home uh so I'm not I'm not going I'm not going to I'm not going to um uh first I'm going to let the city uh present and then we'll make a decision uh uh I know the officer is here uh the inspector is here uh inspector why don't you present your case the defendant the uh VI the alleged violator the property owner says these are all his friends uh you know what what information do you have that that these are not friends or friends and family as they say um your honor um all this evidence I received has been from um Jean zosa officer Jean zosa he's the uh Marine P officer so um in this case um I would let um officers also give his testimony but uh before before that uh did you not put on the screen some advertising uh that that you discovered on online or did I misread that yes that was in uh that was also an advertisement from uh uh it is it is advertising start absolutely yes sir it's not your turn to speak right now please let me hear from the officer so so officer uh what is that that you're putting on the screen so yes this is the uh an advertisement from the boat that's been traveling um from the uh Keystone um um this is also um pictures that were taken from a neighbor in Keystone that um he's been complaining about um all this um um um charting that's been happening from um 1855 High biscuit Drive okay what you have on the screen right now came out of what website uh boat at se okay that's the uh website where um they have the advertisement for um um this boat okay and that that's the boat in question yes you are okay and show me the other photographs that you identified earlier uh of the boat uh behind the house uh Mori one one second you're on it can you repeat that please um the picture of the boat um yeah the picture of the boat behind the yard behind the the back of the house okay um not that one on the other picture okay and and and and the home in question is to the right of where the boat is no this is the uh Canal on uh on the Keystone area okay and and the and and I I GNA ask the officer but I'm interested in the whether or not the the people on that boat got on uh at the home or were picked up elsewhere uh do you know sir Mr Moro say again J I'm sorry yeah go back to the picture of the boat yes all right I I see several people in the uh back deck of the of the boat yeah uh I also see uh someone on top um several people there um were those people those people picked up at the I was told they were pick up from the uh property from I'm sorry you say that again from 18 from 1855 have biscuit Drive they will pick up from that property okay all right at approximately what time of the day do you think do you uh do you know whether they were picked up no your H all right uh so let's uh let's get uh additional information from officer Sosa who's a a member of the Marine patrol officer Sosa uh please identify yourself again and your uh position with the city of North Miami good morning your honor SSA and I'm on the Marine Patrol I'm currently on the Marine Patrol uh what's going on is this I have a resident who's very concerned about Charters out of our city and um from February 24th to Saturday June firsty send me eight pictures and the eight pictures those different people on the boat right uh and the pictures that you were showing earlier just the boat's coming back and the boat's going out the one at night time the boat's coming back which he would have P up from home because he's dropping them back home on the picture that's daytime on that you have there you showed on the screen the the boats going out so that means going out of his house so what's going on is this um and all these pictures there's a bunch of different people on board so what happens is with you when you advertise with Charters and you have people going in and out on your boat or going from your house out on the boat automatically the residents complain or think that there's a charter going on so that's what's going that's what basically I have not made contact with the boat personally but I keep receiving pictures from a concerned citizen that every time the boat goes by there's different people on board and he's providing me pictures so back in February I don't think uh this was May he might have just moved in I'm not sure when uh he moved into the city but I started receiving pictures from February 24th and uh the last picture that I received for that particular bat was in June 1st and there's eight pictures that I received with different dates so what's that's that's the biggest concern with the city that he's picking up from his house and um you know going out on Chargers which a charger is not illegal but you just can't run it from the city and uh I heard him say he uses one Captain normally if you run a charter um the the the people running the charter should have a list to pick up from C from actual captains not just one Captain every time all right are there different uh requirements uh for captains of Charters with when whether they do it for the owner of the prop of the of the boat or whether they're engaging in in a charter type activity are are there different licenses for that no basically on his contract what he needs to do is uh he needs to pick he needs to provide the charers a list of captains and they will pick from there not just one Captain so I don't know how long he's been just running Captain but normally that's the way works that's the way operates the person that's running the charter has to pick the captain we just the person doing the charter just doesn't provide the captain okay is is the uh have have you ident been able to identify whether or not the owner of the boat or the yacht uh was one of the occupants of the yacht when they were engaging in in what you're calling a charter I would have to zoom into the picture I have not personally stopped the boat but I'm going off with pictures that have been sent I would have I mean if the the owner's on on board he could easily be inside if that's the case or you know he can be outside but I would have to look through the pictures again and see if I I I didn't even know what the owner looked like this is the first time I see him so I would have to look to see if he's one of the one of the occupants on the boat or it's close enough to see okay um Mr uh M have you been uh uh a passenger on on your boat while these uh family and friends of yours um were out boating I have my phone in my hand right now that picture that you show me one all those cars in my driveway I was personally on that boat that day and I can show you videos and pictures that I was on that boat that day myself because you see what they're doing here is there's obviously a neighbor that is obviously or jealous or whatever the situation is they're sending pictures from February which is exactly when I moved in now I don't deny I never denied that I Charter My Yacht that is true but I do pick up and drop off in Duffy for Charters and every single charter company who I work with knows that very specifically it was never a secret I never Deni chartering my boat that's a fact it is advertised to Charter yes I do have contracts that show that I Charter my boat with these companies okay and there is a pickup and drop off location and it's duffies and it's always been duffies and always always will be duffies okay I do use my boat I am on my boat very frequently this weekend alone I will be on it twice okay and I didn't know that it was illegal to let my friends use my boat okay if a neighbor wants to complain about me using my boat there is nothing illegal done nobody has ever complained except this one neighbor and they're only complaining because they think I'm chartering you know we're not bothering anybody we're not making a mess we're not screaming and yelling no one's doing anything out of the ordinary for this neighbor to say anything and if the neighbor started immediately after I moved in which was like February I don't know 1st or 12th or whatever was when I moved in you know clearly this neighbor doesn't like the fact that I have people coming to my house and enjoying my yacht which I paid for and I own you know I I just don't like what's going on you know nobody knows what's going on the officer doesn't know what's going on the inspector doesn't know what's going on you know nobody knows what's going on all they know is that there is a a charter online which the picture that you showed me by the way I don't even work with that company I don't know who that company is they just put up a picture of my boat that they have no contract with me or anything I've never worked with them a day in my life okay showing me a picture of a company that I don't work with okay and I've never agreed to char on my boat for a week for 36,000 that doesn't exist so that company is obviously just making stuff up okay allow us one moment magistrate um I do have Karen Deon who um who testified against this case prior um and then I also have the deputy City attorney and another code officer who has also dealt on this case who would like to yeah okay let me let me first let me first hear from the city attorney okay who's had her hand raised for a little while and um and let me let me hear uh any legal arguments or positions that the city has with respect to the charges in this case thank you your honor um the defendant has testified that his contracts for Charters have a specific location outside of the city of North Miami at Duffy's um restaurant I believe is this testimony uh the city asks whether any evidence um was present presented to to back up the testimony is there any physical contracts that the property owner is able to provide um to prove this statement that these Charters are operating outside of the city Mr McKay any uh any response to the question that the City attorney has asked any Co contracts or any understandings or agreements or documents that in any way would would uh uh would sustain your your allegation that the charter uh originates uh at Duffy in North Miami Beach so here is my last pick up and drop off it the problem is I'm on my phone and so it's it's kind of hard for me just read to me just read to me what what what are you what are you showing me okay I'm reading to you it's an invoice for Mia lifestyle it's a pickup drop off uh $250 um at 621 2024 um that's what I pay to do a pickup and drop off at Duffy and I have receipt right here in my hand um because I just started I just started documenting stuff ever since I got this letter just for proof permission to respond your honor the defendant's testimony very clear that he has a contract with the charter companies that advertise this vote for Charter that the location must be not inside the city that it must be at Duffy which is a commercial establishment outside of the city what the city is asking for is proof of that statement that I have a contct I have a contract that I can forward to you too late sir you should have done it before not in the middle of a case well they never they never said anything to me on this letter of what they wanted or anything like that I just here document if you look at the document says that you've been engaging in illegal charters uh of a single family residential neighborhood where it's not allowed it also shows a number of cars uh parked in your driveway and I've heard testimony from the police officer uh to the effect that there has been coming and going from your single family residential neighborhood I've also seen an advertisement uh you know whether you own it or disown it or whether you you place it or somebody else places is the inference is that it relates to your activities at your at your home so uh I I um I think the the the um the evidence to me indicates that you have been uh engaging in Charters and I find the the the the your your comments that these are all F these are all family and friends I find that testimony to be incredible I don't accept that testimony uh that is a usual uh comment made by people that are being charged with illegal Charters these are all my friends nobody nobody has boarded my boat nobody has ever boarded my boat to find out if it's a charter or not and the officer clearly said that yeah well that's true but I've seen I've seen pictures of of of autom of automobiles parked in your driveway if if you keep interrupting you I'm going to silence you I am talking and I am telling you what I've heard so far you had had an opportunity to bring in people the very same people that went on your boat to testify that they're all friends and family they never paid anything they never uh uh bo barded uh boarded from your home that they they they always were picked up at Duffy you had an opportunity to bring witnesses to to to to um uh back up your your story and I haven't heard anybody on on your behalf testify that it wasn't a charter that it was fans friends and family so now now sir I'm going to give you one last opportunity to convince me based on the evidence that everything that was being done here was being done out of out of duffies and not out of your home how would you like me to prove that do you have a witness I have plenty of witnesses they're not here I would like to maybe find a different day where I could be more prepared with Witnesses and receipts and and everything else that's you were told this would be a this would be a hearing on the violation if you had witnesses to to to to back you up you should have brought them so uh Madame City attorney uh Mr inspector what is the recommendation the city uh is making is it a is is this a one-time uh fine based on the code or is this um uh do you want me to to set an abatement date what what is the what is the relief that the city is seeking I'll defer to Inspector marillo Inspector Murillo is this a a onetime fine situation what is the fine uh set forth in the city code oh you hear me your honor yes yes we hear you yes yes your honor one time fine your honor what is what is the amount that is said not that I'm Bound by it but what is the amount that the city code provides is it is it 500 um no I'm not mistaken you have um Ru in the past $5,000 uh I don't recall ever I don't recall a $5,000 VI there was there there there was there was one one one violator who uh will appear later in in this case where it's been done uh multiple times over many many many months I believe your honor if I'm not mistaken Jose was trying to um make a comment but I believe it's within the 1100 or 1500 it was but Jose if you can correct me if I'm wrong please okay I I know I know that the the the the the prashik case which we're going to hear later I think that I I issued a violation there uh if you if you look at the file it's it's in the um it's in today's agenda what was the violation that I issued on that one which case y we'll see we see number number 23 I set a fine of $1,000 okay yeah I see it okay look look at look at item 23 right I see your fine of $1,000 yes all right that's the same fine that I'm going to Levy in this case okay can I ask you for the date of the picture all right this case is over I like a date so I can provide evidence for that specific date on all right this case is over sir I've I've imposed a fine of $1,000 um I'm could I I could have gone higher uh because I find your testimony incredible and you have no Witnesses and I accept the testimony of the city's Witnesses so uh we're done yeah I know we're done you guys just Bamboozled me thank you that's whatever you file your appeal sir get a lawyer and file an appeal I'm gonna do that thank you very much for really quick um we did have Karen you don't need Karen to speak anymore correct uh as long as she's on um I've already issued a fine but I would like her to testify just for the record in the event that the property owner does file an appeal I'd like the um uh the witness to come forward and give her uh opinion her testimony uh what she's seen what she's heard uh not what somebody told her but basically uh her own uh observations of what what she has seen at this property all right Karen if you can please raise your right hand at this time do you solemnly swear and affirm the testimony you're about to give in today's proceeding shall be the truth the whole truth and nothing but the truth so help you God please say I do we can't hear you Karen I there we go say I do can you hear me we hear you okay um thank you um honestly I I have seen some action at this house I live close by and I wish he had stayed on to understand that you know he he moved into this neighborhood recently so he didn't realize that he moved into an area that has a boat charter issue um and I wish I'd gotten to tell him that that it's not that he's being Bamboozled um he just walked into a situation in which he didn't know that he wasn't allowed to do it so I will keep my eye out since I live close by and hopefully this will be one and done thank you Karen all right um next case I've already imposed a fine based on the testimony that I had heard from the code officers uh and uh I've I've given the uh resident an opportunity to uh uh say further make further comments but my my testimony had my my opinion had already been made up based what I heard before so what I what I would encourage the resident is to report it to Marine Patrol if it happens again and I would like uh if if it possible for uh officer Sosa to uh stop the vessel uh take names addresses phone numbers and next time I'm going to be uh a lot more um severe in My Punishment and if if it continues and it if this person becomes a u a habitual offender a repeat violator uh the fines can can go up to $155,000 per event and I I don't think that he's going to be able to run his Charter uh and and pH $15,000 fines at the same time so anyway that's uh that's my ruling okay um your honor we're going to move along to item number 23 Jacob bar parnik trust yeah Jacob pnik uh uh this this is a matter I I remember it well uh it's been before us uh at least at least three times right uh and I'm familiar generally with the facts and I'm surprised that the case is coming back to us but let me let me ask if uh somebody from the Jacob pnik trust is present we do have someone present okay let me um finish reading it into records Jacob parnik um parnik um irrevocable trust case number CPU 20231 94 this was previously found guilty by magistrate Smith um with a compliance date of 24 hours which was March 7 of 2024 the fine was set at $1,000 plus the $100 cost assessment um and you U magistrate Smith also um set a one-time fine for the property owner and tenant each and if no compliance was met by both both shall be charged $1,000 per day until compliance is met um we have Monique Benson we also had a robin glass Robin I don't see Robin here um so Mo'Nique and would you both please raise your right hand do you somly swear and affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you please say I do I do thank you the officer on this case is jaro Millo all right um I think this case has come before me at least three times in none of the cases did Jacob prate trust appear first of all who is the trustee of the Jacob prashik trust I am your honor Monique Benson Monique Benson is is there a person by the name of Jacob pnik your honor that was my exh husband who died last year he he was he's he's my ex-husband okay so uh you are now the trustee under that trust and you were uh the last time this case came before us correct yes you okay is there uh is there a uh a residence located uh at 1998 Northeast 135th Street there are there are three um small Cottages there which are all rented out okay uh they were rented out to tenants yes your honor yes but yearly rentals monthly what um yes yearly um would you like me to make some points or just answer no no I I just need you to answer you know I'm not going to let you make a speech okay year yearly yearly rentals for each of the three properties it was the entire property was rented to gentleman called Roman travata the entire property and then he sublet all of those properties okay uh until until April okay uh have you been living in the area over the last couple of years no your honor I actually um lived in Gainesville and upon the death of my ex-husband um January the 9th his his body we found his body in one of those houses he was living there um I was in Gainesville and I came back and I inherited this property um and at the time Roman Travato was there the boat uh the boat renter um and I had to basically clear up a whole estate business property that Jacob prashik owned he's the father of my daughter so she was the um the inheritor all of this but she's a juvenile so I rented the Roman TR was renting the dock from me and then he asked if he could rent everything the entire property and for me at that point because I was dealing with all of this I said yes you can rent the dock the houses everything and you subl it so that was the lease agreement that I had in place with him um pretty almost immediately after my ex-husband uh died okay do you understand that you are not not allowed to operate any water sports Charters paddle Bo board activities uh from a uh single family residential uh property and defense to that youron when we bought this property when I was married to my husband over 20 something years ago from from day one we understood that property to be zoned commercial and residential it's a very unusual um folio so that's how we had always known it to be um we had always rented the the houses and the docks out to boats and when all of this came to my attention even now it's listed on um the property appraisers online platform it's listed there as commercial and residential and even on the MLS the Miami Association of Realtors it's list it's commercial and residential I mean all all of this is new to me when this came to my attention um and and your your Council will attest to that the day after I got my first notice I never got notice one notice two Roman Travato never gave me any of these notices he never told me that we had been served he never told me that he had gone to court he never told me that uh you yourself had imposed a a citation on the property that nothing could nothing further could happen there the only time I found out about that was when I came to the city on another um um event and the minute they informed me of that that same day I reached out to Roman travat and I reached out to the other boat tenant and I told them they had to vacate my property and they were gone in two days the minute I I found out and and they can they can attest to that I came in there and I spoke with them both I had a conversation I mean this whole thing is very upsetting to me because I had no idea what this gentleman was doing on my behalf representing myself in your court I mean he when I looked at the video it showed that he told you that I was traveling that's why he was at that that's a lie I was in Miami sorting out Jacob prn's estate the only time I got the notification was when he had a lease in place for a year when that lease expired I rented the property my myself individually to those house to the houses and it was at that point the tenant then called me said hey there's a notice on your door and at that moment I came to the city immediately and it was only then that I was told and I saw the video I was told of the citations I was told about the the the um the the fine that was in place and I told them I would pay straight away and they said wait until you see the judge and tell you know you can you can tell the judge all of this the whole process I only found out about all of this on on June the 3rd that was the first time I heard about anything that happened on this property it it's all troubling all right just so you know they've gone ma ma'am I I I don't question anything that that you told me um and [Music] um you said you you were living in Gainesville yes a city that I'm very familiar with because I spent many years at the University of Florida I know it's changed quite a bit um and um the uh gentleman that appeared before me uh as I as I recall had a business across the street and for him to be able to uh uh rent out his uh paddle boards and uh wave Runners and whatever else he was doing he he testified that that he entered into a lease with you uh and uh I don't recall whether or not he made any comments about you being out of town or not um I I always wondered uh in all that because this case has come up several times I think the first couple of times first couple of times there was some issue as to whether you got proper notice or not uh and one one one time I believe the city uh removed it from the calendar I'm not sure why um but I um I have seen the activities there uh i' I've was wondering where in the world was the owner living that that that you know despite repeated uh requests from the city and and and I know that the the uh the next door neighbor is a condo association and the condo manager or president kept writing letters after letters after letters not just to uh you but uh the code people even uh uh elected officials got letters uh so so uh at this point I'm going to ask the inspector uh to bring me up to speed because after the fine was issued uh back in um in March uh I thought that the matter was resolved but apparently it kept on going and um unfortunately uh Miss Benson uh not not unfortunately but it's it's well understood in in in all municipalities that the owner uh even even when the owner has no knowledge of what the tenant is doing the owner is ultimately responsible because the owner has a responsibility to make sure that the tenant is in compliance you just just can't turn over your property to a tenant and close your eyes and think that the tenant is going to do everything correctly um so I would ask the inspector to bring me up to speed on what has happened since March 7th of 2024 that uh that the city believes should uh require an additional penalty your honor before Mr Ramon um wants to say something okay Mr director LZ unmute your mic thank you very much for the opportunity Mr magistrate uh in this case the unbeknown to us it was on another case just as she stated she came in we didn't know we had had other uh discussions for permitting and stuff of that nature usually as a courtesy if you come into the the department will sometimes go said hey look go look at your property I didn't put two and two together but what I can attest to is the urgency that occurred right after the situation so there there was a a a there was really just reaction from the owner at that point and the the the pictures speak for themselves the activities that were going there speak for themselves and you know they were definitely going on but I do know that once the John travado was out of the picture and I've gotten in contact with the property owner she did take the steps that were needed to be taken in order to address the problem of the commercial activity at the property so that's the that's our uh La remont Cod uh Neighborhood Services director as the $1,000 fine uh that I leved back in March has that been paid I I don't have that but I'll let the the the the Mrs Benson if they yes good morning when I came in I did say when when I had found out about the fine I did ask um director Ron if I should pay it and he I mean he said just wait wait for your court case and you can pay it then once I've spoken to you and I'm and I will pay that because I I understand a fine being in place but if if I'm could could may I ask your honor I I get very nervous and I'm emot about this because because I understand ma'am I I I've believed I've believed every word that you have stated and I know that you are uh a good person you went through a very difficult uh situation with your husband and I uh now that I'm I'm hearing you I understand that the uh you know the the the pennant and the other operator are the bad guys here not you so I'd like to hear from uh the gentleman to your right and uh and and uh we may be able to resolve it uh favorably to you my name is Robin glass I am Monique's husband um and I I can attest to everything that she said your honor we only found out about this whole process last month in June that is because every time a notice was posted uh the tenant would hide it from us because he didn't want to be evicted he didn't want to get out that's my belief uh the first time it was in September and he didn't stop the activities didn't notify us then he was notified of a hearing uh in March he didn't tell us uh either before or after the hearing after he had been cited and had to pay a fine he didn't tell us anything about about this he still kept on trying to to turn the whole property into commercial but we didn't even know that the property wasn't classed as both uh so we were in the dark all this time uh uh it was a shock for us when we heard in in June that all this had been going on and we watched the video of the court hearing three or four times I have everything down by the minute and I can tell you exactly when he said that we were traveling uh that's why we weren't there it it was uh 42 minutes into the into the the the hearing uh so I do understand that that we should have been aware of what was going on but every time we went there everything was fine except the time when he had that kayak and I saw when when we went there in in in in November and he he he had asked us oh can I put a couple of kayaks my boat in on on his boat and we said well maybe Etc when we went there next time in November he had a rack of kayaks there Monique immediately told him to get rid of them I I have the email showing that as well we didn't even have time your honor I did a very detailed chronogram of everything that happened but because we we found out uh you know not so long ago and the deadline to apply documents and Witnesses was on the 17th we just didn't have time we didn't have the able time to to to to present all our case so so uh this is this is where we stand and and we ask for your clemency can I may I ask one more M something yes ma'am the other thing just so you should be aware um and I'm looking at my notes here the other thing was in your trial you know somebody there spoke of that the first time it came to your attention that he had the kayaks there he spoke to the inspector and said that he would go to the and he was going to change the zoning there he thought it was commercial residential which is what I believe that he went he said that he he was going to go to the city and change the whole property to Commercial and at that time a few days later I received a phone call from a gentleman called Frank Wen who I'd never met never heard of calling me and saying that if I would be interested in in converting my whole property to an entire commercial Zone he said that way um his his his his client that he was representing a company called South Florida Adventures could continue to run their business from my property I'm like who who is South Florida Adventures I'd never heard of them and then when I put two and two together I realized that they must be the people who had all those yeah paks on my dock so Roman was subletting another business from my doc getting me into all this trouble which I had no idea about I didn't I just didn't even know that there was another person involved in that time and that's when I said to him before before that conversation get your kayaks off my dock immediately and this gentleman said to me that he could help me with the city because he was an ex-m he could help me reone I I've got no interest in in resoning my property so I mean this man was Roman Travato was just doing all these things illegally behind my back and put me in this position I mean even when his lease was up after that determination and this is when he had been cited you had told him when I saw the video no commercial no commercial business could be run from that property he then signed a new lease with me for a month he never told me hey Miss Benson the city has told me that I can't you can't run any commercial property any any business from it otherwise you're going to be find a daily F he never told me that I would never have renewed new a new lease with him I mean he just L yeah um if there is any evidence of perjury um perhaps the city wants to uh follow that up with the state attorney's office it's difficult to prove but um that that's one option another option ma'am is of course you have every right to um to to file a lawsuit in uh in County court for any damages including fines that you may have been subjected to because of the misuse illegal use of your property uh it is it's it's painful to me uh to to have to uh uh again uh reaffirm the fine that it was previously um an Ed against you uh based on the information that was available to me at that time and based on the fact that you were the owner based on the fact that uh notwithstanding what what the MLS says or the uh uh the folio says or what the county says the fact of the matter is that this is a residential area where uh these types of activities are not allowed in fact the citation uh that that is here for me today number 23 right uh it deals with um um well I I thought that it it had something to do with the fact that there was no um business tax recers orate of use but nonetheless this cannot this property cannot be used for that purpose so um for today's hearing uh I am not going to Levy a fine based on the testimony that you have uh given me and I'm not going to impose any other uh sanctions uh even though I left that uh issue open if it continued uh now that it's that that you're aware of of the problem and the fact that you cannot use this property for these types of activities and that you will not engage in any further rentals to with anyone for these activities I am not going to impose any fines today but uh the the the fine that was imposed for the prior activity uh that was uh that was back in March uh 7th uh that fine will stand because uh I I I wish I wish I could say to you uh you know I'm I'm going to take it away because it's unfair it is unfair and and the remedy the remedy that you have which is really a you know not not a real remedy because you're not going to go out and hire a lawyer and Sue the tenant uh but you could uh to the extent that you you're being cited $1,000 for the illegal actions of your tenant you could or you could have an attorney write a letter to the uh tenant uh seeking um reimbursement for the fine that uh that that you will uh be paying for that last activity uh um I also also take uh consideration uh very serious consideration at what the director uh testified to that you have always acted in good faith and that you are basically uh an innocent bystander on a matter that um you thought that it it was okay because of what you had been told and so so uh all in all um I I you know I'm going to find to today's uh case I'm going to dismiss the the the the pre-existing fine stands uh and as I mentioned in my ruling last time uh the the Thousand fine is also uh one that the uh tenant is responsible for the tenant owned property across the street as I recall they had a business across the street and uh to the extent that a lean needs to be uh placed on his property or if it if it can be placed on his property I'm not sure that um the code allows that but I would like the city to go after the U the real offender which is the the prior tenant so with with that said uh Madame City attorney any comments okay in that case ma'am uh uh I appreciate you're coming in um your husband was very helpful everybody in the city um is um sympathetic to your to your uh situation and and um I wish you well and uh I'm sorry about the death of your of your husband I I I have I have heard that name uh before because I know someone with that name who's a jeweler in that's our family that's that's his family that's his cousin the pr I I I I know that there is a jeweler in uh K Conor by the name of prashik yeah so prashik well thank you I want if I if I can just say thank you to you I mean it had me so worried and scared and troubled and all of those things and I also want to take the opportunity as you mentioned just to thank your City all of them um behind the scenes they were you know when I went into I did to Tail Spin of panic and worry and all of them from from the um director to the representatives to the inspector everybody was so kind and so empathetic and assured me that everything you know the city is there to keep in place rules and bylaws so everybody is safe and the city runs seamlessly so I respect that um and I just I just wanted to kind of pay homage to them because they treated me so kindly um and professionally and and I we have we have a very professional uh staff uh the code people are the best that I've ever worked with and I've worked with many cities and uh they they're unbelievable and sympathetic and I uh are you going back to Gainesville no no this whole move brought as much I know how much you like Gainesville we went we went there for fear of Water Rising and climate change but it's not a city for us it's too quiet we came back because of what happened to Jacob my ex-husband and We've Ended I haven't seen my home since this happened I packed a suitcase I had to come down and ranges I haven't been back there for a year and a half we're just renting the house out and we're putting our Roots back here in Miami it's more of a vibrant City more our Pace well happy to have you back uh thank you ma'am uh all the best to you thank you thank you thank you thank you thank you so much we appreciate it okay thank you magistrate we go yes yes ma yes ma'am how do I pay the fine though how do I pay that fine we'll go into the City and talk to them there go go to um uh code the director where where do they go and pay the F magistrate they'll just come into the city to pay that fine but um they can reach out to their officer as well janaro um and um he can give them further guidance for that thank you all right feel free feel free to call the inspector or the director and uh they'll they'll tell you there is no urgency uh you know we'll I'll I'll give you I'll give you 30 days uh to pay it so plenty I'll pay tomorrow I coming upor all right CL the book thank you sir thank you thank you everybody uh director just uh just one comment on on that uh yes ma'am we're done with your case Okay uh I I I know someone recently got a traffic ticket um uh as a result of an accident so they attended a zoom meeting just like like this one and the uh traffic magistrate uh issued like a $150 fine or something like that uh no Pros nothing no points no nothing and gave the uh the driver a year to pay $150 which I thought was a little ridiculous but that's what they're doing in traffic board wow a year to pay okay uh that's that's that's the uh that's the county for you anyway feedback sir any uh any U any further comment or we're ready to move on to the next case um I think we're ready to move on to the next case let's let's do it all right Perfect all right so the next case we're going to call is item number 26 on the agenda that's Jean revos odet Ros um case number is CB P2022 643 this was previously found guilty by magistrate kazoo with an abatement date of July 20 of 2023 find set at $450 plus the $100 cost assessment um let me invite Mr Ros in um Mr Ras can you please accept the uh invit invitation um and enable audio and video Jean Ras please enable your video so we can see you Mr vas can you hear us you're on mute if you can unmute yourself as well all right moving I'mma move I'mma move forward until Mr rasan um gain access so I'm going to call item number 14 at this time one moment item number 14 is Cliffs on the high on the highway Inc case number is C GF 2023 0046 the attendee on this case is Evette Blanco event let me I will allow you an event if you can please enable your audio and video you just received the invitation misset please enable audio and video all right Miss evet we see your desk we need to see you hold on I forgot I was remoting into the office folks you need hello Miss if you're not prepared um we'll have to move along yeah I I just want to tell everyone that's I thought I was I I thought that I was but um I think you can see me now okay now we see we see two um two videos one on the Des okay okay you you need to get rid of that one and those who are waiting in line please be ready when your case is called so that we don't have to waste time uh getting ready that if you can please raise your right hand for me do you solemnly swear and affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do all right we have officer on this case yeah uh ma'am if you could uh remove the other video um from um I did magistrate okay all right uh ma'am your name address and relationship to the property my name is IET Blanco my address is 12900 Southwest 8th Street Miami Florida 331 83 I am the permit runner for the Lei of this property for the renters and I apologize cuz when I read read the notice I didn't realize I normally handle this for the renters like when they have um items like this and they made the owners aware that I would be present and I didn't realize that you would need an affidavit from the owners I don't know if you can still hear it based on what I can update you on the on the violation first of all um being a a permit Runner is typically not suff I to give you standing to represent either the tenant or the owner uh I am uh lenient when it comes to property managers um because I put him on the RO and I ask him if they have the authority of the property owner or the tenant to speak um I'm I'm um reluctant to admit you as a representative of either unless you have um an affidavit from from one or the other authorizing you to act on their behalf do you have an affidavit I do not because I since I've done this for the renters um in different code issues throughout this different cities and counties um we've never needed that and I apologize I should have read the the information closer and I guess so should they they should should have as well I apologize for that um I don't the only update that I can give you is a permit has been applied for we should have the plans from the architect next week based on the when we submitted what we submitted um the building department asked for corrections to be made and they wanted an architectural plan so we did hire an architect and we've been assured that we'll have the plans next week I don't know if you want to continue this so that I could get an affidavit or um they should be cured I would imagine with no object you know like with no issues coming um I imagine 60 days F first of all um I've um I've appeared before the city of Miami uh I've done this uh in several other cities uh my preliminary instructions and every magistrate that I know who PR minary instructions are read into the record uh they all say very clearly that if you are not the property owner uh or an attorney for the property owner that that you have to have an affidavit giving you Authority so so I don't know which magistrate uh it treats you a little differently I I do know uh a plans runner in Miami Beach that does a lot of the work uh that you're doing but she always has uh Authority from from the property owner nonetheless uh I understand that the you understand the nature of the violation um I would do the I I would rule the same whether the owner was here or not here whether the tenant's here not here I've reviewed the file I'm going to let the inspector um uh State for the record what the violation is and then I'm going to uh make a ruling okay yes your honor um on January 4th of 2023 I open the case to the property I just W 12990 with Dixie Highway um um they were cited um for not having a dumpster enclosure they were advised to install a dumpster closure require and obtain permits from the building department um had a inspection on January 17 of 2023 where where there was no compliance um a notice to appear was posted on June 3rd of 2024 it was also made on June 5th and as I'm a final inspection of June 18 of 2024 there has been no compliance okay can you show me the picture of the dumpster again Ma okay so the code requires that that dumpster be enclosed by some kind of structure does that have to be a concrete structure could be any structure no it could be a it could be a metal wooden enclosure how much time do you think they'll need to do that um if you're asking me your honor I mean um um I don't know how far they are with the uh a permit I know that they appli for a permit but I've seen notes that they have been denied by uh building and then some sort of notes that they put this this notes were added on April on April 26 and so far there have been no there has been no updates from the building department we do have Miss pressy on the um um inspector pressy uh go ahead inspector um shinie pressy if you can um any right can you give me the process number please it's going to be BF Z 2024 0073 you say 73 yes okay so they just submitted this applic well they submitted the application in April and as of today nothing's been submitted um yeah it was denied and they haven't submitted any updates so it's it's back on the owners the property owners to make the corrections and submit it was denied by zoning and building correct they requested for architectural plans we hired the um architect on the 20th paid him on June 10th and he's told us that we should have the um the plans next week which will upload I presume should everything in you know be included in those plans the permit should be issued thereafter just manufacture the fence the the enclosure around the dumpster I would think given inspections and everything I don't think they should go beyond 60 days all right uh here's what I'm going to do um I am going to enter an adjudication and set a compliance date of September 16th okay um so uh based on the unrebutted test unrebutted testimony of the city's code compliance officer the photographs and the evidence presented depicting that the decided violation still exists proper notice has been given I find in favor of the city enter an adjudication and set a compliance or baitman date of September 16th in the event of non-compliance there shall be a daily fine of $500 until the violation is abated uh I was a little lenient on the abatement date I was going to go to I was going to say August 19th but uh considering that it's summer many people go away during August and this may require uh some some um inspections and U Plan reviews and what have you uh I will uh as I said I would extend the abatement date until September 16th thank you sir okay folks if you're not so if you're not on on a Case please mute yourself all right magistrate we'll go back to item number 26 on the uh agenda than you have a good day thank you ma'am item number 26 is Jean Jenny Rost she had came she was on and then okay your honor I'm sorry your honor Miss Miss revos needs a creole interpreter she was unable to understand the commands to turn on audio and video that's why she was unable to join earlier so I'm not sure if we have an interpreter available let me see I I thought I saw one earlier we had our Spanish interpreter um do you um I don't have the I didn't see The creol Interpreter log in for today so what do you how do you want to handle it uh Madam City attorney I do not I'll have Miss Ros uh we're not even able to have her confirm whether or not she needs an interpreter but I do not feel comfortable going forward with the case without an interpreter present um so if we're unable to confirm availability for an interpreter today we will be forced to continue the item and table it I concur okay I agree with the recommendation from legal as well special magistrate all right uh I can ask her if you want me to um no no no if she's telling us she doesn't she needs an interpreter um we we we cannot move on because she needs to understand what the what I'm saying what everybody's saying so um Can can we get an interpreter between now and the end of the hearing maybe she can hang on for another hour or so I can definitely try so I can let her know that in Creole so she doesn't you know log off completely okay because it'd be a shame to have to redo this uh and and keep the violation alive it is uh not a life safety issue but it's a significant issue I'd like to get it resolved so let's let's put it off let's put it off for uh maybe uh you know an hour until we're done we hopefully I'd like to get this done uh by one o'clock if possible okay all right I'll let her know Madame Ras we okay Mery Mery okay nice cas all right next case um is item number 27 June 18 Properties LLC um cbpr 2023 00857 this was previously found guilty by magistrate kazoo with an abatement date of June 20 of 2024 the fine was set at $350 plus $100 cost assessment we also have item number 28 and 29 for the same property um number item number 28 June 18 Properties LLC c misis s223 00171 um and item number 29 June 18 Properties LLC c p p k223 000034 found previously found guilty by mag St kazoo with an abatement date of June 20th 2024 fin is set at $250 plus c $ cost assessment the officer on this case is janaro Melo all let anybody uh present on behalf of the owner on numbers 27 27 28 and 29 no the um the owners are not present for these Cas it okay uh officer Millo uh I reviewed the file uh there's a uh restaurant apparently uh they put up a a very nice exterior wait wait a second I'm getting a message that the uh I've lost you guys can you hear me yes all right let me go back because I'm I apparently I've um disengaged the meeting I'm going to have to uh leave and come right back okay am I back on we hear you but we don't see you okay then I need to start the video yes there we yeah okay as I was saying the um it's a restaurant they put up a sign they don't have a permit for the sign is that it yes your honor can you show me some pictures absolutely one moment there are multiple businesses on this property correct yes joh and uh at the moment we're dealing with uh Los PES Miami restaurant right yes your H restaurant and bar 13488 biscan Boulevard yes okay so that's no that not that's not the sign show me the sign is that the sign we're talking about yes yes yor yes the the green one yes that's the one and you need a permit to put up that sign yes your honor and to you to the best of your knowledge they do not have the permit they don't have a permit okay so therefore based uh on the unrebutted testimony of the city's code enforcement officer and the photograph and evidence presented showing that the property has been out of compliance since the abatement date of June uh 20th 2024 i f in favor of the city and hereby ratify the fines acre to date uh in the amount of $350 plus a c uh cost assessment uh these fines uh shall continue to run on a daily basis until there is compliance next case is 28 it's the same restaurant I believe that um magistrate Smith 27 you've already set the fin so you want to ratify it you're saying yeah I I ratified the fines acrw to date and I also uh uh said that the fines will continue to run on a daily basis until there's compliance perfect thank you all right item number 28 same same property uh uh from what I read here uh they have some outdoor dining yeah same property same business and they have outdo outdoor outdoor dining okay there right there is that what you're talking about yes your honor and you need a license to have outdoor dining they need a permit form zoning okay and that's according to uh code section 29-5 d109 they don't have it have they applied for it or not no you are okay so um and and is this the owner that uh is being charged or is it a tenant the property owner property owner based on the unrebutted testimony of the city's code enforcement officer the photographs and evidence presented showing that the property has been out of compliance oh wait a minute there is there is no adjudication on this one why is that no there isn't because we had tabled this case before oh I see I thought that it was part of the same order uh from magistrate Kazo okay the next one is so this one I'll I'll adjudicate based on the unrebutted unrebutted testimony of the city's code compliance officer the photographs and the evidence presented depicting that the violation still exists proper notice has been given I find in favor of the city enter adjudication and set of compliance date of uh august 19 in the event of non-compliance there shall be a daily fine of $500 until the violation is evaded item number 29 by by the way let me let me go back uh to to the last case the the outdoor dining uh that we're talking about is that on city property or is that on their property that's on their property that's on their property okay and um okay the and the code requires that outdoor dining have a uh a separate license yes from Sony okay all right Z from zoning okay so my my ruling stands all right item number 29 Pro number 29 item 29 your honor um they were required to um obtain permit for the building department to re resurface and restri the entire parking lot um an order to comply was posted on April 11 of 2024 and I had a final inspection on June 19 and there has been no compliance okay uh can you show me a picture of the surface lot uh reflecting the violation okay and what you're requiring is that they restripe restrip restripe so that the cars know where where they're supposed to be parking yes your honor okay based on the unrebutted testimony of the city's code compliance officer the photographs and the evidence presented depicting that decided violation still exists proper notice has been given I find in favor of the city entering adjudication and set a compliance St of August 19th no magistrate this one you've already um ruled on before oh no no I didn't but uh um Kazo yes Kaz did okay all right yeah I this has to this is a ratification okay yes based on the unrebutted testimony of the city's code enforcement officer the photographs and the evidence presented showing that the property has been out of compliance since June 20th 2024 um I find in favor of the city ratify the fines approved to date in the amount of $250 plus a $100 cost assessment um and uh the fines shall continue to run on a daily basis until there is compliance okay all right the next case we're going to call is item number 45 what is which is Talia IET Estes case number is CE o ds202 3274 the officer on this case is jaro morelo yes honor so on November 11 of 2023 um this case was open um this was after complaints um that I received on the property address 550 noreast 143 um they had um outdoor items um including doors and um like Windows show show me show me the pictures it it looks like a junkyard have you made contact with the property owner no you're H is there somebody actually living there yes there's there's somebody living at the property okay um that that's that's totally totally unacceptable that's not uh what this city should be all about uh no no um did this this you you you open this violation back in November of last year yes your okay uh So based on the unrebutted testimony of the city's Cod compliance officer the photographs and the evidence presented depicting that the cited violation still exists proper notice has been given I find in favor of the city uh and set an adjudicate set a compliance enter an adjudication and set a compliance date of August 19th 2024 in the event of non-compliance there shall be a daily fine of $500 on the violation is abated all right we're going to go ahead to item number two is 12940 aolia LP case number is cedic c224 00002 the officer on the case is jar Moro and there's no appearance on the no appearance on this case po I've said it enough times to basically bore you to death but when you don't appear at a noticed hearing my finds will be higher and uh it'll cost you more so it's in your best interest to attend these hearings they mean something especially if there's an order that has been entered and not complied with so um by the way on on this one I I know that there's nobody uh present but I did not see any um this is a serious case but I did not see any photos um we do have a video available um yeah I I you know this is dumping a pool into a canal to it it's one of the more serious violations that uh that I that I see and and I'm very strict about that uh but I saw no no no photos in F in the file uh except a window so you need to you need you need to to prove to me that there was illegal dumping um janaro do you have the video available if I share my screen with you give me one second I'm I'm here go ahead show me the video me one second one second one second joh well while she uh while he while he's doing that bam City attorney it's the violation is is 12-8 can you just read for the record if you can real quick uh what what the 12-8 says about dumping into a canal yes yeah so section 12-8 is under the nuisances section of the city code it states that it shall be unlawful for the owner occupant of any lot or any other person to dump dispose or otherwise Place into the canal Bay or other waterway in the city any trash debris garbage or any other type of waste material okay yeah I just wanted to be to be clear because I guess a lot of people don't don't don't get it and and uh in in some cities it is a criminal offense a police officer can actually go into your home and arrest you uh and I verify that with police officers in at least two cities so um this is this is serious stuff so show please show me the uh the video all right um give me one second that's just one moment janara you sent me the email once before can you resend it you want me to send you the video yes please one second who took the video um this came from uh a neighbor we we heard a a a very similar case last month or two months ago is this the same property or a different property this is a different property while we await the video uh Madame clerk is there any possibility that we could call cases 33 and 34 next these are attorneys um that are representing the clients that are um have a conflict they may not be able to stay much longer you said item number 33 and 34 yeah let's let's do that um while we're looking for the because that's on that that that case we can hear uh later 33 is uh in real estate holding yeah I the um attorney representing this um is attorney Mickey morero okay yeah let's I'll go ahead and read that item into the record item number 33 and item number 34 is NM real estate holding LLC case number cexc 2022 000029 previously found guilty by magistrate Smith with an abatement date of May 22 2024 F set at $300 plus $0000 cost assessment item number 24 NM real estate holding LLC CFA w222 0084 previously found guilty by magistrate Kazo with an abatement date of November 16 201 23 find set at $500 plus the $100 cost assessment the officer on this case is shanon Sanders uh is Mr morero in the queue don't see his name um let me see the attorney present I'm checking for him cuz he wasn't on my registry all right CU I thought that was the uh reason we were no register today so do you see a Ben bernandez because that is his law partner what is the name I'm sorry Ben Fernandez it's it's uh The Firm of U burkau corre yeah okay Fernandez I mean I think they're on because I'm getting email now I don't see Fernandez and what is the other name Mickey morero has sent me an email he says he has his hand ra okay Michael morero okay I do see Michael so we'll go ahead and allow him in here and Ben Fernandez also has his hand raised okay they have two Michael mareros they'll just need to change the name and then you said there was a uh Fernandez good morning still I see I see uh I see Mickey morero uh in his uh best suit and Tai I uh don't know who you represent uh is that NM real estate holdings uh yes we represent the property owner on this case and the operator of the business and I think my phone was on before but I removed that I see my name twice I'm not sure why but uh I was in two different devices I'm actually your honor I'm in Miami Beach I was at a special magic right here in this morning and I've been here year I don't want to get in the car and miss my items so how how did they treat you there they treated me fine they treated it was a pretty simple case it's a fence permit uh that was this is actually the much more complicated fence permit but who was it Anette it was Anette yeah and they can okay all right um if you see her again give her my regards we'll do she may be back in a little while okay so I I've I've already adjudicated this case it has to do with some exterior uh rear wall that has severe cracks I have seen the pictures I I I don't know what you're going to ask me to do it's clearly a violation What what is what is your clients position so uh your honest yeah you're correct uh there's already been adjudicated we've been working tirelessly I mean well my my client his expeder and there's been I've been working tirelessly to get this permit issued as you can see both violations require the issuance of permits do the repairs and we submitted you know you know well until last year and have received comment multiple times I was going to tell you that we submitted uh in June I think it was June 18th um and we're waiting for comments we just got an email during this hearing Ben and I that the city responded with some zoning comments uh this morning and we've reviewed those while this hearing's on going and we believe we I was hoping to tell you that because there was a pres submittal meeting a few weeks ago the expect ation from building was that the permit was imminently going to be issued um so we're anxiously trying to get this permit so we can proceed and complete the work um the comments from zoning are that came this morning are a little surprising we believe we now need to meet with them because uh the comments exceed the scope of the violation we really feel we can get this sooner but it we're we're just we continue to get comments back and forth we we're anxious I mean my client we've been touching them a couple times this week they're really anxious to proceed but we just keep getting additional comments every every time for this permit I don't know Ben if you have anything else you want to add who am I hearing from my partner Ben Fernandez has been working with me on this as well he's got a close relationship with the owners the Mickey the problem that I have is that it's been since August of 22 uh my uh my uh last uh ruling on it was back in February 7th and it it is a significant significant uh defect or violation in the concrete uh I don't know to what extent is is is is it life safety when when did you actually apply for the building permit so they submitted for remember and just to remind you your honor there was other issues with this property there was a whole loading issue that was resolved and then there was this maintenance of the uh surface parking lot itself those things have been addressed thankfully so all we're left is with this issue with the with with permitting on the walls um with they submitted November of 2023 have had meetings with the city on I'm looking at a timeline here on June 16th another meeting um in in May uh there were multiple submittal in between that February 26th March 19th April 16th discussions with the city we submitted based on the main meeting they submitted revisions that were they hoped would be approved on uh June 18th and we just got comments this morning um that we now need new comments that are not that were not prior comments so now and you're not you're not happy you're not happy with those comments so you have to obviously work around them or resolve them what what's uh what are the comments there Z comments so we hadn't gotten those before we were dealing mostly with the building department and I think we've gotten past those issues um I think again I was reading them your honor while I'm in this Zoom hearing I skim through them I have to take a little more time to digest there's like five or six zoning comments that we haven't seen so I was hoping to tell you the permit would be imminent and once the permit's issued we we think we need 60 days max to complete the work but we still don't have a permit and we're trying Ben anything you want to add I know you've been speaking to the owners sure I I don't know if you can hear me your honor Mickey yes I can hear you oh thank you uh thank you your honor Ben Fernandez I'm uh Mickey's partner and um as uh as Mickey indicated we just received these comments uh and hav't not had a chance to speak with your zoning administrator about them uh with Mr cook we'd like to the nature of them is really uh uh they're sort of increasing the scope of the required improvements to uh request uh f uh uh improvements to walls that were not anticipated and I think that the perhaps the confusion or the disconnect is that these are non-conforming structures since the building is so old and there are new code requirements that are uh applicable to new construction and so um I think bu building or zoning I I think that they're zoning mostly the ones that I saw May building as well but there's definitely zoning comments about uh increasing a wall height um about adding a fence uh certain I don't think we have a problem with beautification requirements because I think our client is willing to improve certainly the look as much as possible that's the ultimate goal of the uh of the business and as Mickey said we've already addressed some of the um uh problems that started which involve the use of the business those have been resolved now we're just trying to get this place looking as good as possible what kind of a business is it it is a thrift yeah incredibly popular thrift store that you know that everyone you know we we've been there I'm sorry what what is it again Red White and Blue Thrift Store is the name of the business okay is it one business or multiple businesses it's one business okay I have not heard from the uh City from staff um inspector Sanders is is that your case yes it is magistrate that is my case um pretty much everything that they're stating is is current is correct um they submitted applications it was denied they did submit something on the 18th of June as stated it was denied um again on the 20 I'm looking here pacifically it was denied on the 25th of June specifically you were asking you know what were the comments they're stating that they need to submit the layout for the new concrete wall as they're stating that because it's AB buding a residential property that the um six feet that they were asking for is not allowed they're asking them to go 8 feet um they're stating that they need to provide certain screening um for outdoor storage um that's going to be there um they're specifically saying they need to depict the type of material use wood and chain link fences um and Commercial um districts are not allowed um but it's again as they say there six different comments um it's been as you have already stated you know a long time since we've been working with them to um Rectify this situation into to obtain the permits you know as of today as you know they're stating and I you know agree the permits have not been obtained and movement needs to be made I mean I've been speaking with Michael you know here in there regarding this matter but at the end of the day it is a very very very busy um business right on the corner of 125th and 6th Avenue um very very busy at much stress um so you know we need to go ahead and obtain those permits uh you almost immediately we really want to believe me you know there's a lot of frustration on our side I'm committed to and again I don't know Miss and that you say the 25th we literally got them at around 11: a.m. today maybe expit Idols delay in sending them to us but we got them just now but um we were happy Ben and I to sit with Derek cook to go through these um we think they're fixable and we can you know we're anxiously want to get these permits you can see from the record there have been a lot of meetings with the city there have been recent mittal it's not lack of effort on our team's part Mickey Mr morero and and and Mr Fernandez um my my inclination is to give you a little bit more time but I am very disappointed that despite my order here we are uh two months later and and we still don't have a permit and yes I I know the Law changes and I don't know what architect or contractor you're using but you know somebody that knows the code should know better that it should have been 8 feet instead of six feet and you know the the the the applications are being uh uh denied uh over and over again uh I I don't I don't care who you're using but I I I can't really ignore that it's been since 2022 when this violation was issued and I've seen the pictures they look horrible what what business would want to operate with cracking walls like that it it's just not good business practice so I mean I I I trust I trust that you uh are confident enough uh to uh to let the owner know that I'm getting tired of hearing this case I I really need them to do the work and do it quickly so if I were to give you that little extra you know leeway and if I if I were to Grant a slight extension what what can you tell me in terms of when are we going to get this fixed so I've been told that once they get the permit which we were hoping to have I mean frankly when I was here with you last time you're on I fully expected to have this permit by now but um that once they get the permit 30 to 60 days the work will be done closed inspected everything we just don't have the permit um so we're Ben and I are committed next week because I only say tomorrow's a holiday and the city's closed on Friday I will make myself available to the zoning senior staff Ben and I will submit to you that we will get more involved again this is an architect firm we're not directly involved I will get myself involved necessary I I I I I trust you I uh I believe you're you're being honest and sincere and you're now that you're involved and I'm not sure that you were involved the last time were you I typically don't get involved with perit EXP I get involved with this type of stuff with zoning hearings this is a per fense permit but I clearly there's some disconnect so we're going to get involved because these com these comments came as a surprise so uh what I will do is um I will table this until September 4th and trust me and I think you've known me enough years to know that I that I mean what I say and I say what I mean if it's not substantially completed if that wall is not substantially completed by the next my next hearing September 4th not only will I um will I ratify the fines I will increase going forward what the fines are so uh I I think I'm being pretty uh generous uh I'm not going to make you I'm not I'm not going to order uh uh uh ratification and then make you go through mitigation uh you're familiar with how that works uh the M mitigation in in this city is different than it is uh where you practice uh there uh it's easy you go in front of the special magistrate and uh the magistrate mitigates based on certain criteria here it's a little bit more complicated so I'm not going to make you go through that but I I urge you to please get this done by September 4th otherwise uh I'm not going to be nice okay and it's not it's not about you it's not about you it's about the owner okay so let's uh let's let's table this until September 4th thank you appreciate it have a happy of July progress by then thank you okay all right uh we'll do the same with uh the uh following Case Case uh number 34 all right that that'll also be um put off table until September 4th perfect September 4th right table all right so the next case magistrate I'm going to call um is item number 17 it's Fabiola toari trust case number fybr R r222 000020 um I have Mr Reginal lawyer in person one moment please last if you can have Mr great uh just for the record magistrate uh we had some computer issues and we have some residents that came here in person so they're actually in my office and they're using my desk I know that in the on the screen it'll say director remon but for the record I want to make sure to say this was the resident sir excellent I understand so uh Reginal what is the last name la la Mr Reginal if you can please raise your right hand do you solemnly swear and affirm the testimony you're about to give in these proceeding shall be the truth the whole truth and nothing but the truth so help you God please say I do I do the officer on this case is um shaie prey okay now this case is called fa slam Mari is that the name of the owner that's that's my partner that's your partner yes the property is at 1270 Northeast 128 Street yes okay you're uh you're being uh charged with not having submitted the 40 or 10year building recertification report which is due have you uh made any efforts to submit the report yes now the the the the warning went up to the wrong address I didn't know about it until they give me the courot uh they post it in the apartment what what address did it go to in New York somewhere in New York 30 I don't know I got it I got it right right down somewhere okay you say you say the notice went to New York yes okay not not to the property address is that correct no no the the the court one they push it in in the in the in the apartment that's when I get it that's when I get it okay so because I I I've never I've never had a case where they uh do not do the right posting when I when I came down he I I I talked to the to the case manager and they sent me down downtown to to change it to the to the to the county I did change everything and and I I have a company was doing the the the inspection and I'm I'm at the right part but the problem is the time the only question I asked you was have you submitted the 40 or 10 year recertification which is due now have you submitted no okay that's the only here see the answer I want to hear you know you're supposed to do that right I I know because I did it before but I did you know I just I didn't get the warning that's why I didn't know when that when the time was due okay how old is the building uh I I think in the 50s okay all right let me hear from the Inspector Inspector prey yes can't hear you you're muted this is inspector prey taking over this case for Vanessa will fybr RR 2022 um 0020 um this recertification um notice was previous sent out back in 2022 in August if I'm not mistaken and um as of today has not been compliance the address on file um some Biz and property appraiser was the correct address that the Milling that went to so and then I had him to go down to property appraisal to update his um address information okay so uh service was was uh proper because it went to the right address correct correct all right and you went uh one step further and you posted the notice to to appear on his property correct okay and uh so how late is the uh certification um I think this one is two years um this was due in 2022 um we in 2024 so it's almost two years now okay uh is it the 40 year or the 10 year the 10 okay all right uh well it in in view of the fact that it hasn't been properly uh filed timely filed uh based on the unrebutted testimony of the city's code compliance officer and the evidence presented depicting that uh there's a violation of county code section 8-11 F and city code section 5-37 um the violations exist proper notice has been given I find in brother the city enter an adjudication and set a compliance uh date of um uh I'm going to give him a little extra time because uh he may need to hire an engineer and architect so I'm going to give him an abatement date of September 16th uh in the event of non-compliance there shall be a daily fine of $250 until the violation is abated uh Madam uh pressy are there uh from from have you inspected the property um went by there I haven't went directly all through the property but it looked like it's it's safe so far that I don't really see any like cracks in the walls like that from the outside of from what I seen um I haven't had no complaints about the property yet um but yeah that's about all right all I all I would ask is if it turns out that that you see any uh building violations that you uh you you site them as quickly as possible uh while we're waiting on him to comply with the uh 40-year recertification we'll do okay thank you you're welcome Reginald I think we're done you you have until uh September 16th to get an engineer or an architect to file got somebody working on it all right let tell him he's got to do it quickly and file it before September 16 or there's going to be a problem okay no problem that's all right that sound fair enough okay thank you you're welcome thank you all right by the way do we have a a new building official now uh we do not we have we've had one since Jean so it's been a couple of months his name is Mr Richard Ruby okay all right be nice once uh he's on board um if if uh if he was available to not not that I need him right now but there are situations where I may ask him to uh address life safety issues and um that would that would be helpful in my in my rulings great noted we will address this with DSD and have him show thank you okay all right the next item I'm going to call call is item number 1 125 Street Plaza Inc fyb RR 201714 um the officer on this case is um shaie pressy and I have the individual here Frank wooland okay again magistrate he'll be using um director laz's uh computer to testify okay all right uh Mr w um you're not the director ran but I do recognize your face uh you're here on behalf of the property owner uh 125th uh 125 Street Plaza Inc is that correct it is and uh good morning your honor nice to see you see mran are you an attorney I am okay yes um your honor I would ask that you um pass this matter until September 4th I know it's been going on a long time um I've recently gotten involved with it and uh the property passed the structural portion and apparently there were some electrical problems we had some issues with the tenant and I'm going to be dealing with the tenant personally and replace whoever's supposed to be correcting the problems with someone else if they can't get it done very very rapidly judge I do have a letter from uh polar car engineering Solutions uh who is the engineers that we have hired to um do the 40e and they're uh they've indicated to me that the property is safe and uh and and I would just ask for for this matter to be uh passed I understand that uh building department has no objection and I I have also spoken with uh uh director re remund and he has no objection and uh I haven't spoken with Miss uh Warren yet but I don't know that she would have an objection all right I I'm going to hear from uh all three of them but let me first uh see if I understand the facts uh and inspector prey ple uh please correct me if I'm wrong having having reviewed the file uh my my my understanding my recollection and it's been about a week was that there was a report that was submitted in 2017 uh however uh the report found that while it uh there was compliance with uh the vast majority of the uh trade the the uh requirements that there was an electrical issue and that it it failed the report fail because of of an electrical issue so am I am I correct or or do you read it differently no I want to make sure we talking about the same property is we talk about 12865 with 60 Highway no we're talking about 125 Street Plaza in it's it's called licking now it used to be the old royal castle the one on um 7th Avenue yes that's correct 12490 Northwest 7th Avenue correct that's correct um but this been going on since 2017 um as of today they have not made the um necessary Corrections or stopped by the building department at any time since I took over as a building officer um so I'm bringing it for you and I want to put it on record that hey they not they just showed up today um y he came to me today to to ask me to postpone and I told him I couldn't okay uh director ran uh what is your recommendation sir being that I'm uh in contact with with Mr wolen uh I don't have I I don't have any objections as in the other I think that Mr Wen could is uh pretty diligent and I feel that 30 days would be uh to revisit this at your at your discretion sir but that's all right let's uh as we've done a couple of times before uh let's um um and and I know that uh Mr Wen will do everything within his power to represent his client and from the address that I have uh as as the owner's address uh I I can tell you for a fact that the owner is not someone who is Indigent um I see uh 464 Ocean Boulevard Golden Beach Florida um that that that is a uh a very high-end area so I don't think it's a question of money it's a question of of of actually going out there and doing the work and doing the inspection and passing uh so so I I will I will um uh uh move the case to my September 4th I will table it until September 4th and if if not at that point I will enter an adjudication and set daily F so uh Mr Wen please let's uh let's get moving your your honor I do appreciate that very much also I need to point out the property for the last 10 years has been in the possession of a tenant the tenant has issues with his rent and other issues we are working through that and again if the tenant can't do it we'll just take over and do it ourself by force if necessary yeah I need to uh remind you that as a landlord you have every right to go into court and uh uh move for eviction for not for failing to comply with his obligations very good your honor thank you okay you're welcome we do we have do we have a case with you also later on or is that yes you do that's my personal case um my wife and I own the office building that I occupy a two-story building on West you you don't have to tell me I I've I've already I've already reviewed the file uh it's kind of a similar issue I believe it we talking about magistrate so so as long as we have you on camera right now let's take uh your case now as well which item are you referring to magistrate the one that item number 18 okay Frank will okay yeah it's it's the same gentleman that you're seeing on camera and it's also a 40 uh or 10year recertification report uh your honor I have hired poar engineering Solutions one moment Mr Willock let me read this case into the records item number 18 frank wooland and W Marsha case number fyb RR 2022 0024 the officer on this case is um Vanessa Willis rep U but shie pressy would be representing this case your honor I've hired a an engineering firm they've already done the structural um and it's paid for and I I'm waiting for the electrician to do the uh tomography uh study and it's been paid for so I should have this all wrapped up in the next two or three weeks uh are there any violations on the on the property none to my knowledge judge other than the fact that there's uh you haven't filed the recertification report let me hear violations let me hear from uh officer uh pressy right yes um this property also um this is a case from 2022 as of today no report has been submitted um moving forward I mean even though the once they submit the report it have to get reviewed and any correction that needs to be be made it takes a sometimes they don't make them make the corrections or it takes them a while to make a corrections as his last case from 217 they don't come back and they don't follow through like I stated um just now as of today nothing has been done to this property okay um Mr Wen you H you have your engineer you've paid for the engineer you've paid what else uh for the electrical tomography report where they take infrared pictures of the electrical panels to make sure there's no hotpots okay when when can you promise me that the report will be filed uh within the next two or three weeks your honor okay and and what what kind of a property is this is this a commercial property yes judge it's a twostory uh small office building it's concrete construct you know CBS and it's a 4 4,000 squ fet total it's 25 ft wide by 100 ft long it's a small office building on Dixie Highway right across from The Good Year and um how old is the building probably 50 or 60 years old how many tenants um three okay all right uh I'll uh I'll table it until September 4th please comply don't make do judge thank you don't make don't don't make me punish you okay it's all about compliance you won't have to September 4th okay next one thank you again good show your my apologies I was on mute I'm going I think we I think we have a creole uh interpreter yes we do have the Creole interpreter here um so I'm going I do have an attorney um who's also registered on here um so I'll go move with him along with him then I'll have Miss Rost after so item number 19 javor Taran case number c n s224 00 80 the officer I'm sorry the officer on this case is shanon Sanders um the attendee is Carlos Dominguez let me allow Mr Dominguez in Mr Dominguez if you can please accept the invitation I your honor can you hear me can you see me we can see you Mr Dominguez is there there any other person here for this case if you can please raise your hand uh no ma'am nope all right no problem at least not not nobody that I brought okay my apologies um which case are we on 19 um javor it's javor Shana on 1935 Keystone Boulevard okay it's a noise ordinance case I believe yeah uh let's uh Mr Dominguez uh are you an attorney yes sir what firm are you with uh my own Law Firm it's it's 305 injury 305 injury all right um what what's the address the address I have is 1 1935 no no no what what's your address oh I apologize uh my firm's address is 1221 Brickle AV I can spell that for you sweet 900 Miami Florida 33131 and the and the name of the firm again uh 35 injury no no the the name of the firm that's my Law Firm 305 injury it's uh the area code for Miami okay gotcha all right and and you represent uh the property owner uh graor Taran that is correct your honor okay uh 1 19 35 Keystone Boulevard are there any witnesses that you intend to to call um not at the presid M your honor okay uh you understand the nature of the violation from the notice that was received by my client um it is a noise ordinance violation the notice did not contain the um the code the municipality code so I wasn't able to I mean I I looked it up but I wasn't you know I wasn't able to verify the exact code that the violation is based on okay the uh according to my review of the file the city has cited you with violating uh section 12-2 nuisances prohibited um have you had a chance to look at that ordinance yes sir that's that's chapter 12 yes yes I have I have reviewed that that specific ordinance okay and what is your take on that ordinance my take on that ordinance is that uh let me pull it up just so I'm on the same page I just had it up I apologize um no no no person owning leasing renting or occupying land in the city shall permit or maintain any nuisance as defined in this chapter uh and you got to read the the rest of the chapter right which tends to annoy the community or injure the health of the citizens and and magistrate I apologize while he's reading that over I do have and I want to make sure we chime in we have the HOA president um Karen dilon that would like to give testimony on this case um all right she'll have to present she'll have to present the testimony as part and parcel of the city's uh uh position City's case okay and what is what is the name of that individual that you just mentioned Karen Deon okay and Karen please raise your right hand I know you scor in for the other case but um do you solemnly swear and affirm the testimony you're about to give and these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do you're I I do thank you all right um first let me hear from the code officer and I understand that there uh may be a police officer is there a police officer involved um there is and I requested um his presence at today's hearing I or the clerk have not heard back from him but again we did request his presence um in body cam footage so that it could be presented um okay well that that's that's uh that's critical evidence so if if uh if the officer is not present or if I can't see that that evidence um we're going to have some some issues here to address uh with the city attorney uh so um go ahead and present um officer I'm Shannon Sanders C of North Miami um neighborhood service inspector um for property address 1935 Keystone Boulevard um this case was given to me through a police incident report it was initially given to me through emails um when I returned when I got into work Monday morning um around um let me look here I want to be exact on March 12th um I received Ana email from um many residents including the keyone presidents regarding a party in or incident that happened over the weekend at that time um we requested the incident report from the police department from the police report it stating that they went out actually on March 9th 2024 approximately the 21 um 100 hour of the evening the officer responded to 1935 Keystone Boulevard where as he spoke with the property owner regarding a gathering that was having at the property um specifically says upon arrival I made contact with the homeowner Mr Jor I apologize tanian um he advised he stated he was having a small gathering with friends at his residence the property owner was advised to turn the music off and he complied without incident um again I requested that the officer be here so that he can give um testimony per the emails that I've received on that Monday morning um it seems as though and that's why I wanted to make sure that the um HOA president gave testimony the emails are stating that it was not a small gathering at all and it was a huge party that was taking place but again other than the police incident report and the emails that is my testimony as to which inspired on the evening of March 9th 2024 uh let's see that was that was one uh incident and it went from 7 p.m. to 8:00 a. is that the city's position that's from the emails that was stated to me yes I am showing for the police report is stated that the music was turned off however through the emails it was stating that well until at least 7:34 was the last time they heard music it went well until the early morning hours of the morning can you can you put on the screen the uh report from PD leave it on for just a second okay um so this this is not a uh a short-term rental or what I would call a party house uh situation is that right inspector well I wouldn't necessarily say that um because looking at the um history of the property in the past it does show that they have been cited for a shirt turn rental in the past however it the case was closed stating that that um um they were pres a ad was presented to the City however when we looked online the ad had been removed so we closed the violation and you know just been keeping an eye on it I'm not I'm not I'm not asking about what may have happened you know earlier I'm I'm asking about what happened on March 9th on March 9th which is when the violation was issued we were were not we were not we were not the city was not uh citing him for a short-term rental violation or a uh party house uh issue where you you charge admission uh it becomes a business Enterprise and it's illegal under the code because you're not allowed to do a business activity in a residential area we're not talking about any of those things right the only other time that I have seen um I do see that there was another violation that was opened a year ago on March 23rd regarding the same matter it was off opened by Officer janiro Melo I didn't take a look at it I just say that it was pretty much the same thing that a large party had taken place but again that case was never brought to the magistrate in or presented you haven't you haven't answered my question yeah on March 9th we don't have an Airbnb or a short-term rental issue right not that I'm aware of only other than the two violations that were on March 9th not not the you know not the other ones but on March 9th the violation is a loud party too much noise a nuisance that's what that's what this is all about right that's correct okay uh so the city has to convince me that uh a nuisance uh was uh was being uh created uh or maintained on March 9th so what is the evidence that what what under the definition of nuisance and I've read the definition and what constitutes a nuisance tell and and perhaps the City attorney can weigh in uh where is the Nuance other then again I'll be honest to say other than the police report that I received and the numerous emails that I received from the residents of um Keystone that would we I would consider to be a nuisance okay um does the city of North Miami have a noise ordinance yes it does and what ordinance number is that let me take a look really quick and see we' be looking officer Sanders 1214 1215 in that area of the code well that's that 12-2 is nuisance do you want the exact reading of the code um or no no I I I want to know if the city my my question is if the city has a noise ordinance why was the property owner cited for a nuisence rather than a noise violation that's what I'm that's what I want to get to what honestly I went by there being two previous violations already opened for a party that took place um at the property as well as the complaint about short-term rentals taking place so I was addressing it as a nuisance at that time but not a noise violation I didn't an open a noise violation because per the honestly because per per the police report it stated that the noise was turned down immediately from the 28 the 2100 hour that would be wouldn't necessarily fall into the noise complaint because that would be you know if I'm thinking correctly around nine o'clock the noise nuisance doesn't really fall into order until I believe and I would have to read look in detail I think it's either 10 or 11 o'clock at night um I only went by the I also went by the emails that were sent to me the emails stated that it took place in the early morning after but again per the police report in which we tend to go by it stated that it was turned down at 9 UM 9:40 um p.m. so I wasn't necessarily comfortable with stating that it was a noise violation because again um it it the music was turned down immediately and um the officer didn't State you know anything other than that okay uh I'm going to address my some of my uh questions now to the City attorney um you're aware the county has a noise ordinance uh it's 21-28 right correct your honors I believe the testimony of the officer is that the reason she pursued this not as a noise violation but more as a nuisance U is because of the the impact of the disturbance the fact that this particular property had engaged in previous incidents of the similar nature also um due to the large amount of complaints received by the office so um in her opinion it Rose to the level of a nuisance um and that's why she opened this as a nuisance violation not simply a noise disturbance um a noise disturbance we would be here only discussing the level of noise and the time period in which it occurred um but because this is a nuisance uh what the city wanted to present to you this this in your honor um was the testimony of the officer that responded to this party so you could hear the magnitude of the party uh that was in progress when he responded as well as the actual footage the body warn camera footage of what he saw um when he responded to this party unfortunately your honor the the only thing we will have to provide for you this morning will be the testimony of a resident neighbor who um likely witnessed the the party in full effect on March 9th okay I'll I'll be happy to hear from the from the neighbor I'm just uh uh asking questions regarding some of the legal issues uh which I CAU which I caution you at the beginning I'd be concerned with because as I read your your your nuisance ordinance uh and what nuisance means and I'm looking at no number one uh nuisance means any any one or a combination of the following one any nuisance known at common law or in equity jurist Prudence uh or as provided by Statute administrative rule or ORD that doesn't help me number two an attractive nuisance which may provide which may prove detrimental to health and safety uh maybe okay number three physical conditions dangerous to human life or property or detrimental to the health or property values uh or which tend to degrade the appearance of a neighbor Hood maybe uh conditions Rel number four uh doesn't doesn't apply number five fire hazards so I I guess technically uh you could make a nuisance case um the city feels comfortable that it could have made a nuisance case based off of three four and five if you look um it could have constituted a fire hazard due to the amount of people at the party we just don't know that because we don't have the officer here U number four could have been satisfied um if the sidewalks have been blocked due to numerous cars being parked there we we just don't know that without looking at the body warn camera and hearing the testimony of the officer okay so so you you understand you know legally the problem that I'm facing understood you know City understands the fact that we are coming in um with not the evidence that we wanted to present today Mo most of the evidence that we would have presented today would have came from the officer who was on scene and witnessed the party and was witnessing the conditions at the neighborhood um and with the officer not appearing today we are coming in at a disadvantage okay um just uh as a as a suggestion going forward uh as the Director uh and I know very well we both come from a city where noise violations are issued like uh you know hundreds every day and I'm familiar the city has its own noise violation but typically it it mirrors the County's noise violation and IT addresses a lot of the uh issues that that the nuisance section does not uh uh apply okay for example I'll I'll read to you uh from the Count's noise violation which mirrors almost every City's noise violation uh the purpose of this section is and it's 21-28 uh noises unnecessary and excessive prohibited purpose of this action is to protect the health and quality of life Miami day County residents visitors through the regulation of unreasonable unreasonably loud excessive unnecessary unusual no uh uh noise uh the section shall apply to Incorporated and unincorporated areas it shall be unlawful for any person to make continue or cost to be made or Contin any unnecessary unreasonable loud excessive or unusual noise um and by the way that applies 247 what changes is that uh if if you're making um if it's if it's music music for example there's a presumption that if it happens after 11:00 and you can hear it uh 100 feet away then it's uh that then it's presumed to be a violation of the code uh so the what I'm saying is that uh going forward it may be easier to make a case using a noise violation if you don't like the one that you have you can use the county because the county applies universally uh to every municipality so so um let me hear now from the uh neighbor and I'd like the neighbor to address the issue of nuisance why uh was this party on this evening um what what you know what did you hear how late did you hear it what kind of condition uh Did You observe uh what did you do about it any any any information that you could that you can uh provide that would would help the city meet its burden of proving that there was a nuisance going on uh on the night in question sh am I the neighbor or there's somebody else you I believe you're I believe you're the neighbor I am the neighbor too actually I have the honor of being both um and I and I realized we could have filled this up with a bunch of people but okay um yes this house on this evening had a party that was beyond beyond beyond thought um it was I my evening was spent with my neighbors texting and calling me saying what the heck is going on it was so loud 1935 Keystone Boulevard then there's a canal now then there's hibiscus then I'm on the other side of hibiscus so it was quite the distance that with doors closed windows closed hurricane glass it didn't matter people were freaking out at how loud this party was now the party started early credit um my husband and I took a walk over there um our concern had been that this has been a party house in the past I understand we're not talking about that magistrate but this has been a party house that to the point where people have been like I can't live on the street anymore and we've worked with code could be there's a new owner we we'll get to that um so I walked over um I did speak to a couple that was walking into the to the property I asked is it a friend of yours who is having the prop party does he live here and they said yes I said would you please do the kindness of telling him it's really loud and neighbors are complaining and they will be calling the police and while the police were there at the 9:00 hour and did their stuff at the 9:00 hour thank you if police records were pulled you would see that this party continued they might have toned it down a little bit but it continued so the discomfort that it caused to everybody within the vicinity that they could not enjoy their own homes being inside their own homes with the doors closed that's the issue and we're not looking for anything horrible to happen to these people we just need it to stop and to their credit there has not been another complaint from any other neighbor since this party occurred okay all right uh and you live how far from the property okay so they're 1935 Keystone Boulevard and I'm 1935 hibiscus estimates like 800 feet is is there a canal yeah so they're on the canal they're on the they're on the south side of the canal and then I'm on the north side of hibiscus giv me more information on that so Canal another house a street and then me okay and uh you said after uh the officer uh noted in his report that the part the party had ended or the music had been turned down by 9 o'l you're saying that the music uh continued did it continue past 11:00 definitely continued into the we hours of the morning they did turn it down when the officer left they turned it back up and later into the evening they turned it down enough that I personally was able to finally go to sleep but it was still there was still a c are are is your residence more than 100 feet away from oh yeah yeah yeah because you go the canal so what's that 75 ft or so then another house then the street than me so it's it's several hundred feet I'm not going to be able to guesstimate it but yeah same house a canal and a street in between us same address okay and approximately how many people do you estimate were at the U premises I didn't see the party itself I just saw the cars and it was a couple block a couple houses worth of cars they were politely at least diagonal on the sale but probably 15 20 cars were there okay was this a particularly um was it a holiday weekend or any particular uh day that they were celebrating uh not that I'm aare okay March uh it would have been March 9th is that is that a holiday or a weekend or what birthday spring spring spring uh maybe a birthday uh spring it could have been a birthday could have been birthday yeah okay all right that's what I'm saying Magistrate nothing since which we appreciate but the audacity to have such a ridiculously loud party we would certainly love for the message to be given not okay and if it is being used again as Airbnb obviously we don't want that to happen we don't have any indication that that's Contin well there is no proof that it happened on March 9th yeah all right uh I have uh I have asked all the questions that I felt were necessary for me to be able to make an informed decision but I have not heard from the property owner uh whose attorney is uh Carlos Dominguez sir I'm going to give you an opportunity to argue both facts law and anything else you want uh and then I will decide what U what action I will take thank you magistrate and a a brief question um am I able to cross any of the witnesses if if I deem it necessary yes understood I'm going to start off with uh an argument and then um I may cross one or two of the witnesses so okay yeah yeah but let's not make it adversary this is not a court and it's you know that formal Rules of Evidence don't apply so if you if in the process of cross-examination you want to prove a point just uh just make your point okay absolutely your honor and I respect this body and I understand that I I will use the utmost decorum in my argument and questioning okay so so your honor looking at this case and and and it's it's interesting at the onset of the case I thought that this was a noise ordinance violation just by looking at the the plain reading of the notice and now it's it's turned into a nuisance which uh as your honor uh was was given the law on it uh this case doesn't qualify as a nuisance um there is no there was no test testimony rendered that would demonstrate uh that there was a fire hazard or safety or harm against other residents um we don't have any testimony as to the exact amount or number of of of of alleged guests at the residence um I you know the only testimony we received was from the inspector which I didn't hear any testimony from her that she actually uh was at the scene or the site on the day of the alleged incident um and I I I know that there are emails uh uh texts uh police reports body warn camera none of that none of that has been presented today um so I think that is pertinent with respect to review of this case um and also with Miss uh and I apologize if I butcher your name ma'am Miss DeLeon um you know she she she she explained that um that there was a party um Beyond thought and I'm I'm not sure exactly what that means you know uh I I'm gonna ask her a few questions about the party I think it's important for all us to understand her observations um but I think what she said contradicted the police report that or at least what inspector Sanders said which uh the the noise had stopped once the police arrived according to miss delon's testimony the noise continued so there is a contradiction of testimony there and um your honor um you know looking at all the facts um and also considering that um the uh alleged property never received any complaints after that um police visit uh I think that is also a pertinent element to all this um you know wrapping this all up your honor um you know I I attended the last hearing which was reset um unilaterally I wasn't given notice of that so I actually sat through that whole hearing expecting the case to be called and um you know my client is you know he's understanding of the situation um but but again I don't believe legally speaking that this is a nuisance this would not qualify as a nuisance I don't think that there was sufficient evidence presented um and so your honor I you know I defer to you uh I don't think I'm going to move forward with the questioning I I appreciate the time and opportunity for you to hear me out um and yeah thank you you know this is um I I heard the City attorney say that it does qualify as a as a nuisance but as I read the definition of a nuisance typically my understanding of the law and and believe me I I know nuisances uh I've been a City attorney I've uh been a resident for a long time uh a nuisance typically is not a onetime event that happens between a certain hour and another hour and the the definition that the code sites it talks about uh physical conditions physical conditions dangerous to human life or property um and conditions relating to private or public property which impede the uh traffic of folks and and and whatever where where I do see a a possible nuisance violation and in my mind a nuisance is something that takes place over time a one-time event in in my mind as I understand the law a one-time event uh does not diminish the value of property does not uh create a uh you know a nuisance as we understand nuisance in in in in in the legal sense but there is there is a uh a provision in the city's new ordinance which talks about detrimental to health or property values or which tend to degrade the appearance of a neighborhood and that's why I'm I'm struggling a little bit because that definition uh or detrimental to health or property values or which tend to degrade the appearance of a neighborhood um may qualify but I Mr Dominguez what do you think of that again um your honor respectfully uh I we didn't hear any uh audio of the party um we only heard testimony from delone um we don't know what how loud the music was there was no measurement device presented or no decel amount for the music um I I understand that according to inspector Sanders there may have been pre violations I haven't seen those um and I I just I stand by what what I what I'm what my initial argument was your honor that this is not this is not qualify as a nuisance yeah all right so so this is not a criminal case this is a a civil uh matter correct is there any reason why your client is not here it's not here to to uh deny the uh the allegations absolutely your honor and I understand that this is not um a criminal matter um you know so his his attendance may have influenced this case absolutely but your honor he is a surgeon and he had various patients today he also had various patients in the last hearing uh he deals with uh various different types of surgeries each day um and so that's why he needed to hire my services in order to represent him in his absence well yeah any anybody does anybody else yeah the does does uh anybody else uh involved in this case wish to make any further comment yes ma yes so just from the homeowner association point of view we're we're not looking to penalize the gentleman we you know he's our neighbor we just really would appreciate if it didn't happen again and when I say a party Beyond party it's that type of thing where you bring in the type of amps that you would have at a large state type thing and you put them next to water so an awareness from our neighbor that it's just not kind um that you know like a warning to not do it again obviously since this happened the fact that there haven't been more parties is a thorough relief for us having been through um party after party weekend after weekend for so long um once again could have been previous owner I don't know when it changed hands Etc um that's all that we're really hoping for from a neighborhood of Association we're not looking to penalize anybody all right I appreciate that um and and and I minguez uh in an effort to resolve this uh without getting into legal ease you understand the importance of being a good neighbor and and and these parties do not contribute to neighborly uh peace okay absolutely uh and certainly people are entitled to celebrate their birthdays they're entitled to celebrate the 4th of July tomorrow uh sometimes you know Memorial weekend and spring break brings you know a lot of people into town and they want to celebrate uh but uh sometimes the place to celebrate is not in a single thing in the residential neighborhood and uh I I see some legal issues with the case which I I as a magistrate I have to explain uh that there there there's uh not there's really not enough um and the the standard is is higher the standard the burden of proof in a in a in a case of this nature is is is is higher than it would normally be in a civil case for example in a civil case uh it it it's U uh greater weight of the evidence uh in a in a in a case of this nature uh in in uh uh code violations is is higher is higher anyway I I I don't I this case is not necessarily being resolved uh because the city fa fa or didn't fail to to uh to prove its case uh it's it's being resolved because the the association wants to live in peace and and Mr dominguez's client wants to live in peace with the association and uh so I'm not going to find uh the the uh the owner uh based on the uh evidence that I've heard today uh and based on my interpretation of the law and I will tell you though that if it does happen again I will not be as lenient um so so so please I I know you're your your client evidently is a successful professional uh probably has a lot of friends uh but when it comes to uh you know if you're going to do a party uh it's great if the party uh is between seven and 11 and then after 11: the music uh is is turned down so that doesn't bother uh the neighbors that are more than 100 feet away now if if it would have been the next door neighbor complaining that she you know he or she could hear um trumpet or something it it it's a more difficult case but you know if you can hear it more than 100 feet away to me it's unreasonable unnecessary and uh it it would violate every noise ordinance uh in the book so um that's it I'm basically saying to you sir be careful be a good neighbor and uh continue to work with the association so uh I will dismiss the violation uh with the warning and the caution that uh if it comes back to me again and it'll hopefully it'll include the noise ordinance because that's my ticket to find you and again if you read the noise ordinance carefully you can site somebody for a noise violation if it happens at 8:00 in the morning or at 10:00 at night or any anywhere in between it noise is noise and if it's unreasonably loud and it it if you can hear it more than 100 feet away it's deemed to be unreasonably loud uh you can bring it as a nuisance case you can bring it as a noise violation give him know both but uh it's easier for me to find somebody guilty uh with with citing a noise violation instead of a nuisance violation a nuisance is typically something a little different so uh based on that I'm done I hope uh this doesn't come back to to me so anyway have a good day may may I address something your honor I I yes we make it very brief thank you so much you know I appreciate this honorable body I know that you have a bunch of cases coming up but I just wanted to um you know um send you my appreciation my client sends you the same I will advise my client of everything that was discussed today um thank you so much Miss Sanders Miss Deon um the to the deputy City uh attorney thank you um I hope everybody here has a great day thank you thank you all right goodbye bye bye all right maest um we do have Miss Ros as well as The Interpreter U who's been patiently waiting um so let me call that into record that is item number 26 J Jana Revol odet revos case number cbpr 202200 643 previously found guilty by magistrate Kazo must um with an abatement date of July 20 of 2023 F set at $450 plus $100 cost assessment Mr Ros if you can please enable your audio and video for me as did earlier um good morning I haven't been SW yet this is The Interpreter all right interpreter this officer of the cour um for our creol interpreter do you solemnly swear or affirm that the translation in which you are about to give in these proceedings will be accurate and correct to the best of your knowledge skill and ability please say I do I do miss um Ros if you can please raise your right hand mad do you solemnly swear or affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do sir can you please State uh State your full name your address and relationship to the [Music] property I said sir I met man I saw the Haitian cre Creole interpreter and I thought that he was the party but I I see that the owner is uh Jean Rost yes yes all right name address and relationship to the property Street nor Miami Florida my name is Johan REO I am the property owner the address is 1040 noreast 145th Street North Miami Florida 33161 and you're the owner correct yes we we okay you you do you understand the uh the nature of the violations that are being uh charged by the city yes I understand have you done anything to correct those violations yes yes we did everything that the city requested uh we sent all the applications we paid all the fees we employed a contractor who did everything that uh has been asked by the city they went to the city they go to the city all the time uh for the past two three weeks they went there um and sit uh sat with the examiner and I have my uncle there as well that uh that leave over there that went to the city and and um spoke with them so we did everything that was requested uh from us and we're just waiting on the city now does she have a permit to uh legalize the cport yes we have a permit we had a a permit for the cport uh we actually the contractor that we um employed uh requested that uh they have their permit and they they have everything that they needed and they they uh had it um supervised everything was done all right let me hear from the officer in question uh yes so I see here that um structure structural denied this on April 12 flood denied it on um April 19th um I just see that on yesterday zoning um approved but they still need to do um um come to the city building yes and and and do revisions to the uh uh permit so they they've done quite a bit of work they've actually uh gone through building and zoning and they they do have zoning right and the structural was denied because yes zoning just approved the yesterday but they still been denied but flood and structureal and what's the problem structurally let's see let me read the comments yeah interpret that in the meantime yes please let The Interpreter Let The Interpreter interpret [Music] con don't okay D okay I'm listening all right go ahead Mr inspector okay your honor so it says on the comment that they uh put on April 12 we relas previously issue comments still not addressed so this comment on what this one was um they noted this on February 15 which says update FBC code and standards on plan provide when calculations provide special inspector form so none of this um has been provided uh Mr uh interpreter can you uh interpret that and uh ask her uh what is it going to take to get the permit approved yeah H don't bu the bc1 uh for the calcule bar uh well I can't say how long it's going to take because after we do we provide everything that the city request did uh we just have to wait on for the city uh to reply and um provide uh the the the permit now one thing I don't understand is if uh uh something was noted since April 12th why nothing has been done yet and the contractor has been going to the city they went to the city twice uh between June and July they set with the The Examiner and so why is that not happening yet well explain to um the property owner that the plans that were submitted to the city were rejected as uh improper because it did not deal legally with the uh structural uh portion of of the of the of the plans well now I I feel like um the case is being pushed back every time because um six months ago I I was in a hearing because we always have a hearing every two three or or three months and um the last time I called the city they told me that everything was approved uh from zoning um and all other department everything was I'm sorry they said everything else was approved uh it was was only the zoning approval that was missing and now I don't understand when you say that um they were re rejected want to let the officer address that specifically but before the officer says that uh addresses it tell her number one zoning issues have already been addressed number one number two building issues are not yet resolved and whoever she spoke with she spoke to the wrong person maybe the contractor gave her misleading information but the city says that there are still structural problems with the plans well bu [Music] all right I don't need a response from her I'm going to ask the officer to perhaps put on the screen the comments from building showing that what the problem is so that the property owner can see for herself rather than relying on the contractor or somebody else saying it what the actual comments from the building department say okay okay all right Officer Mario sorry can you po can you put on the screen the uh comments by building um janaro I can sh um allow you to be the host in order to share that because their building comments wouldn't be in in this case because that's something they need that's through the building department but if you pull it up Jan I can give you access moment one second let me see if I can pull it up huh you ready go ahead if it's gonna take if it's G to take much more time we'll move on yeah well I we have to log into the buildings um comments in order to do so building comments would not be in the actual code violation case so it's a it will yeah I I understand how how long will how long will it take for you to do that if you just give me a few seconds second can there all right seconds are good let me share my screen I just want the property owner to get the fact comments here okay what so that's one of them here's can you make can you make it a little larger I don't think so see that makes it even smaller I'm not able to make that larger magistrate okay what I'd like you to do is I'd like you to send that over to the property owner so she understands why the plans have not yet been approved she may be under the misunderstanding that it's a city's fault when in fact it's the contractor's fault so I uh would like The Interpreter to explain that we're going to send her her a copy of all the reasons why the structural plans are defective and until and unless those issues are addressed she's not going to be able to get a building permit and it's not the city's fault it's the contractor's fault and the contractor is the one that is telling her that he's done everything and he doesn't understand why the city hasn't issued a permit no these are the reasons the city hasn't issued a permit okay Mr interpreter uh City okay Mercy okay okay so this is this is what I'm going to do to be very to be consistent with all my prior rulings and understanding that the property owner has uh done u a good job trying to get the permit issued and in fact has received permission from the uh zoning department to to go ahead with the uh with with the permit uh there's still some issues that need to be resolved in good faith so I am going to um table this until September 4th as I've done in Prior cases to be consistent and explain to her to please show the uh what the city is going to send her uh show that to the contractor with instructions to correct them no later than September 4th if the corrections are not made by September 4th I will ratify the fine and then the contractor is going to be the one that's going to be responsible for all of these fines and violations and may have a licensing issue with the state for failing to protect his or her client in uh in in these proceedings so just explain to her that she has until September 4th I'm going to I'm go going to table the case she's going to receive these papers from the city showing where the vi where the contractor made a mistake and I want the contractor to cor I want her to tell the contractor to correct the mistakes contract for okay okay thank you so much all right inspector Mario please be sure to send a comments to the property owner so she can confront the contractor with what the facts really are yes your honor okay thank you next case uh excuse me can you send that uh directly to my um to the address where I reside I I already asked the inspector to do so and he will not Miami but I don't leave at that address that's in the case I don't even leave in the state so I don't want it to be sent to the address in North Miami well then she's gonna have to come over she's gonna have to come over are you willing to send what address do we have for her inspector Moro what H what address do we have for her I'm sorry y can you repeat she said that she doesn't live at that house that she has a different address and she wants you to send it to the other address so she wants me to send her all the notes from the building department yes to her address yes but she has a different address the address we do have on proper is 1040 but she would need to provide that information to us magistrate or she can come and pick it up personally okay that's what I'm going to suggest uh uh okay Mr interpreter ask ask her to drop by the code uh office to pick up the information sorry so that we don't we don't have we don't have a mail issue actually magistrate the building department they were able to provide the all that information to her okay so then have a copy in an envelope at the building department for her with her name out outside the the envelope uh for her to pick up well I don't leave in Florida you can send it to the 1040 address okay send it to the 1040 address the fact that she doesn't live in Florida doesn't matter she has to have access to these documents uh somebody has to send it to her or she's gonna have to come down okay Mery okay all right let's let's go let's move on all right magistrate the next case we're goingon to call is item number 30 laa life center Inc fybr R r2015 000064 this case was previously found guilty by magistrate kazoo with an abatement date of March 4th 2022 F was set after $500 plus $800 cost assessment the officer on this case is shaie prey anybody present on behalf of the owner yes I'll have a Rachel stri life I believe is the pronunciation please correct me if I'm wrong and also accept the invitation to speak please hi good afternoon magistrate it's Rachel Stell no problem f are you an attorney I am an attorney I'm here on behalf of lth the Life Center my address is 7293 Northwest Second Avenue in Miami um Miss pressy is the officer shaie if you can please enable your audio and video as well judge uh who's who's talking that's Miss I think that's Miss Percy's background yeah I try to keep my thing mute because the background behind me all right can you your video at least okay never mind all right go ahead okay so um magistrate Kazu found uh the property owner guilty on back in uh December of 21 that that that's a long time ago imposed a fine uh at $500 um and uh this is a 40-year recertification issue violation of 5-35 um Miss uh stri Feld please tell me why there has not been compliance in accordance with the uh magistrates order thank you for the opportunity your honor um my understanding is I I was under the impression that this case was closed the property uh laa Life Center is a church that has been under construction for quite some time my clients purchased this property before the pandemic when their membership at the church was thriving and during and they took out a construction loan to do an interior renovation they began work on the building um and then during the pandemic they lost many of their members and they've been continuing to identify or to attempt to identify um basically the money to continue with the construction project so the building is vacant um it has not been in use there's no one there um and the status of the building is that it's been been vacant and under construction for several years um they did have an engineer um provide a report to the city of North Miami that report was submitted and filed um it's February 20th 2023 the engineering report is certified and signed and sealed and the engineering report does provide that the building is under construction that yes structural and electrical work needs to be completed before the building can be certified but because we're in this situation where we're trying to pay for the the construction no movement can be made no movement has been has been made um and my clients are again trying to finance this project but they're having trouble doing so so that letter um and I I apologize your honor that letter is not uploaded as evidence in this case but I did um I've been emailing back and forth with Mr Ruby the building official with Mr remund um and with the city attorneys I sent that letter to them um I believe yesterday or possibly Monday um again after this case was adjudicated that letter that engineering letter was filed with the city which should have um at least addressed the issues um so they're not going to be able to recertify this building and like I said it's not being occupied so there is no life safety issue all right um so your clients bought a property that was being used as a church I'm not sure if it ever was used as as a church they hop to use it as a church um as I mentioned their membership was thriving when they purchased it and so I think that they needed to grow and they initiated this construction project and then ran into Financial issues okay so currently as things um are going on I suspect that there is a uh plan for the building whether it's demolition or restoration is are there building plans filed for something um I would imagine that their permits are expired but I can't confirm um the status of the building permits at this time there were other issues that I I there were other issues as as far as notices um the city had you know required business tax receipts and certificates of use and we got those violations dismissed because it's not you know it's not being occupied not so so I I get it I get it so I want to ask the uh building department Andor the building official if the building is vacant if there is no contemplated use for the property it if if it's if it's not a sa a life safety issue why why does it need a 40-year recertification okay so as far as far as the the code states in the the 40-year recertification it doesn't states that it um doesn't require that it won't it will be exempt based on it's being it's not being occupied so because it is a building there and it's not being used it still needs to be recertified unless they G to probably de demolish the building I'm not quite sure what they want to do with the building but it doesn't be exempt from having to do the 40e recertification all right so how do how do they if if they don't if they have not made a decision on either demolition or what the building will eventually look like if it's restored what should they do at this point um if if I don't receive anything we will have to send it to onsa structure and then they will make the last final decision yeah I understand how that works but uh so they issue a demolition order that that that that closes the case at this point um they would try to figure out some type of way but I'm not quite sure what they plans are trying to do they going to just have the building there without doing anything because I'm just hearing about the notice now as of today as we speak now and I post that notice I don't know how long um they didn't have I haven't received a copy of the notice and I didn't get copy on supposedly the email that rent out to the building official on Monday all right um Miss Stell you have your client needs to make a decision demolish or not if the decision is to demolish I assume you need a demolition permit you need to go to the building official apply for a demolition permit this case is over if you want to keep the building then you need to file a uh 40-year recertification CER recertification if you don't f it you're going to get fine so what is your client going to do well your honor I I appreciate that um and you know inspector pressy is not on the chain of emails but Remy Zane Remy Jeff Kazo Jen Warren Paul Marie Bob Debbie Love Lazo Raman they're all on there as well as Richard Ruby or Robert Ruby the building official um I made the argument that you made your honor which is that this building does not have a certificate of occupancy and therefore it does not fall within the definition of existing buildings under the Miami Dade County code the building official disagreed with me and that's why we're here I see the City attorney is Raising her hand um my I I don't believe that my client was planning to demolish what they're hoping to do was an interior renovation and so I'm happy to go back to them and say do you want to sell the building or are you going to be able to raise the money to complete the construction work um but at this point they are bleeding money on this project um and so if there are fines in I mean we need more time to make a decision and I'm happy your honor if you want to reset this case um and we can work with the city so that I can force my clients to make a decision um but you know it's it's not a like I said it's not a life safety issue or a public nuisance issue and I understand the importance of having the building recertified but right now there's nobody inside it all right first of all and I'll call on the City attorney uh and manager Perez who has his hands up uh his hand up first of all uh it's clear that I do not have the legal authority to overrule the uh decision or the opinion of the building official uh the only uh way that you can challenge the uh decision by the building official his opinion on whether or not uh you need to recertify is by appealing that decision to the board of rules and appeals at the county um what what the city probably will end up doing is is taking it as as you as you heard from inspector pressy uh they're going to take it to the unsafe structures board and the unsafe structures board is going to say because that's what they do is because you have not assured the county that the building meets all of it you know all of the requirements it's not just safety issues it's not life just life safety it could be Plumbing it could be electrical it could be structural it could be anything uh that they're tell you that they will demolish it within 30 or 60 or 90 days unless you file the appropriate um certification and and and if you file a 40-year recertification doesn't mean you have to do all the work the same day you can you know get get uh uh extensions on things that need to be done but you're the owner you don't have the the the right or the privilege to Main maintain a structure even with or without an occupational license you don't have the the the the privilege to maintain a structure within the city unless it meets the city's codes uh even if it's unoccupied uh so uh let me let me uh let me turn it over to the City attorney who wishes to make a comment about this case your honor you stole my words from me uh uh but I I will um confirm that um Miss strip Feld had reached out to our office she had made these legal arguments we did reach out to the building official for confirmation and he advised that in his interpretation of the Florida building code absolutely a 40-year recertification is required for the building whether it's occupied or unoccupied uh what I did not know at the time is that this violation had been going on since 201 22 for compliance and so it's not really relevant at this point at this point the the only there shouldn't be any challenge as to whether or not the 40-year recertification is required um this court has already made that adjudication and has already set that abatement date for back in 2022 um to today what the city wants to hear is whether or not there's compliance and if there's not compliance what is the timeline and the steps that the property owner is going to be taking to come into compliance may I respond your honor of course thank you um the email from the building official Richard Ruby states that uh the report May state that certain aspects of the building are under construction and will be observed at a later date and that February 20th 2023 report from our engineer ER does exactly that can we have inspector prey confirm whether or not this 2023 report satisfies the requirements of a 40-year recertification because when I looked at it it was a one-page report uh that basically said there was no structural issues but I don't believe it had the contents that we usually see with the 40-year recertification report correct um you are correct with that and then also being that she doesn't have a active permit it then is going to override you doing the 40-year recertification you don't have an active permit you got you guys not doing any work at the at this moment so when you guys going to move to doing the recertification you only well the Miami day County only allow two extensions for the 40-year recertification so if you keep on prolonging it how you know how long can I stretch it out but but as you was correct it it doesn't stat that in the letter so what's the answer to your question uh Madam City attorney that that there is no building certification filed correct correct correct there may be something else some other letter that was submitted or exchanged but that's that's not compliance with the 40-year certification code section 5-35 so I don't think I have any choice but to ratify the fines uh the city cannot afford and cannot um allow a vacant structure to remain there with or without an occupational license uh without a uh a certification saying that the structure itself is is safe because ultimately if there's a collapse and there's somebody nearby you can have a uh a really dangerous situation and I I'm not familiar with the project the property I don't know what's around it but uh could be anybody it could be utility worker it could be a even even a trp passor or a next door neighbor that could potentially be at at at risk uh I don't I don't have I don't have the authority to overrule the building official and I don't have the authority to negate what a the prior special magistrate ruled so um the only thing I can say is that if your client decides to demolish uh you you would have a very an excellent uh opportunity to come back to the city and ask that the fines all be uh wiped out in a in mitigation but but but if if on the other hand you want to go ahead and and and and and restore the property you're going to need a 40-year recertification because you can't have it both ways if you're going to have a piece of property there it's got to be recertified so I know it's difficult financing may be great but look this this has been around since DEC December of 21 when the uh prior M magistrate found the the the the owner guilty um I think my my hand my hands are tied um I appreciate that I mean and just one note regarding the timeline um I I didn't know that this case went back several years but based on the timeline and the date on the engineer letter my my assumption would be that the city requested and and this happens in many jurisdictions where the city will request a letter from an engineer certifying that the building is structurally in and and you know Sound electric as well and and the letter from February 2023 does say the building is structurally and electrically safe so there may have been an instance in a past hearing or in past meetings with the city where they said provide us with a certified letter from engineer that it's safe um and and that's you know that's what I would suggest happened um if your honor would would give us an opportunity to you know 30 days to make a decision as to whether or not we're going to demolish or whether or not we're going to sell um we would be really grateful for that time before you make a decision on ratifying the fines all right um yes uh and I know you're familiar with Municipal law because you're an elected official correct I am your honor okay uh in my uh neighbor uh town of North Bay Village uh and uh that's where I know that's where recognize the name now it is true that in many cases a building official will require a property owner to to build a to to to submit a uh a letter from an engineer saying that the structure is uh structurally sound and safe it's not a a public health issue yes happens all the time but to to to suggest that that letter uh uh can be submitted in L of a 40-year recertification report which is much broader than just you know life safety is is is a misstatement of the uh of of of what happens in government uh we've had many many code violation situations where uh property owner comes in and and says no that that crack along the uh uh the the uh canopy uh is not is not a structural uh life safety issue and the building official may say okay so uh send me a letter from an engineer saying that everything's fine and you know those issues get resolved like that like that but but if that same building had a is not due for a 40-year recertification it doesn't have to file one the letter might be sufficient so uh I will grant you a um an extension I will uh as long as the building remains vacant and unoccupied um I I will table uh a final decision on ratification until September 4th as I've been doing all day I've treated everybody the same uh if you have good cause and if you're reasonable with me and if you're willing to work with the city then I I will I will um table it until September 4th come September 4th I need a decision you either uh apply for a for a demolition permit or you uh ask an engineer or an architect to certify and you know it's it's not a burdensome uh job I mean most engineers and Architects that I know that do this for a living can do it in a couple of weeks especially in a small building you go in there you do your inspections you do your testing you take your photographs and you write a report uh this this is fine this is fine this needs to be fixed this needs to be fixed blah blah blah and that's done it's filed you pay $350 $357 and you're you're in compliance now you may need more time to do additional repairs or modifications and I'll give you more time once you decide that you're going to keep the building and once you file your uh your recertification report so it's a decision has to be made is the building going to stay or go and um I'll give you until September 4th to to tell me thank by the way great great things are happening in North Bay Village I'm looking forward to that Public's opening I'm looking forward to all those beautiful buildings going up on the water you guys are doing a wonderful job you got a great mayor uh say hello to him on my behalf um and uh you have a special mag Master System there as well I know I know that she does a very good job uh montine is it correct all right so I follow what goes on in your city very closely it's right next door to where I live thank you for the kind words and the encouragement I'm very proud of what we've done here I'm I would be as well you got you got a good commission for a change anyway for a change um anyway let's move on thank you your honor you're you're welcome yeah magistrate we're going back to item number two on the agenda 12940 aolia LP case number c i202 400002 the officer on this case is marillo um this was the video that we wanted to review yeah I want to see the video of the uh dumping short let me go back into here is we had already introduced this case before right we introduced it yes and then we waiting for the video so I'll go ahead and share my screen one moment hold on this was for the illegal dumping in the canal and again the property address is 12940 aolia AIA yes AIA Road and who who took this video a resident um jaro did a resident take this video yes um your honor okay I'm going to ask because I I need to ask these questions uh I I know that we're not in trial but somebody's going to have to authenticate this Photograph and by that by that I mean somebody's going to have to tell me that the conditions that are shown on this video are true and accurate depictions of what happened because I this could be anywhere in the world I don't know what this is somebody's going to have to identify this video for me and uh best that it be that whoever took it but in the absence of that person then the code officer is going to have to confir it your honor actually that day we visited that property um the building official was there my director uh my manager I was there cuz we had to handle a complaint about work that they were doing on the backyard I had some pictures but uh unfortunately I I don't know what happened but they could support my testimony of what we saw that day at the uh construction that they were doing in the backyard um thankfully the neighbors sent us that that video but basically um they were dumping um um from the pool the breach and sentation from the construction debris that was happening at the pool I need to see the video please sure I put it on the screen again that that what I saw was a picture well that was a okay okay I see I see the video now where where is the discharge say that again no where's the discharge of the materials from the pool is that that hose that blue hose yes yes your honor okay you're saying you're testifying that there was building materials yes your honor uh that that were flowing through that hose into the into the canal into the canal okay yes your honor and what's what what uh what work is being done uh at the pool so they they were doing like a whole uh demolition in the backyard and they were doing like Renovations so can can I can I just check can you put up the uh ownership information again okay uh I don't know whether you know that's not a person that's a a company that's the company and then we have the sunbiz registered agent hang on going too too too fast who who are the individuals that that's a registered agent uh that that's a law firm but go down further and and name an address uh go well it doesn't tell me who the owner is no this is also under our business 12940 GP Inc okay so the general partner is 12940 GP in uh GP Inc is that like a developer who who's in charge there right now well the registered agent would be the uh the legal firm so we would indicate that the responsible party is the legal department for that firm well the the if I'm looking at the at Sun sunbiz you see where it says general partner detail name name and address it's that company that owns the property so whoever is listed as the owner of that property is the owner um okay let's let's uh let's move on to the actual facts what what exactly was being pumped into the U Canal so you on it was like uh you know like from plaster and dirt from the uh from the uh pool and it was being like it was being pumped out yes your honor yes your honor okay and does the water reflect a different color substance um no no no no that I uh recall Yes actually anybody was anybody on the site oh Jose was there Mr Ron was there I mean we were we were all there handing no I mean from from the construction people the owners oh yes yes yes your own yes did they say anything not not really I mean they were just pumping it out and and weert what was happening and and and that's basically what was what was happening at the moment that that we arrived at U at the property how long were you at the property how long we were there yeah how long were you there yes um 10 minutes I I guess and the whole time you were there for 10 minutes the the pumping was ongoing yes your h so basically we notice it um um almost when when when we were leaving because we were taking care of some other things and and that's were there there was there other was there other construction going on yes you okay so there's nobody living there yes yes there's people living there you you you did not speak with them we spoke directly with the uh the people that were doing the uh CL and that they seem to be surprised or uh to see you or uh were they nonchalant about it what what what was their reaction when you were there did they say okay I'm sorry I'll turn it off right away or did they say you know know mind your own business what what was their reaction well the the reaction was not direct it was not from the uh um pumping again we were um we went to address some other things related to the construction and then we observed that they were um pumping the uh the the water from from the pool to the canal okay were you were you allowed in or did you go through the side or you have permission to get there yes yes yes you're okay all right I'm going to find that that the uh uh based on the uh testimony and the evidence I saw on the photograph and video and uh having looked at uh the applicable section of the code I will find the uh property owner uh guilty uh the damage is irreversible and IR irreparable uh the illegal dumping has been established um by the testimony and the photographs uh and so my my uh the fine for this violation is $5,000 thank you okay all right all right thank you for that magistrate the next item we're going to call is item number three Mr eigor Nunes three and four three and four Mr eigor Nunes is the uh attendee on this case so I'll go ahead and read this case into it's 130000 Keystone Terrace LLC case number is C EJ n k224 0000001 and item number four is 1300 Keystone Terrace LLC CZ p2024 00009 the officer on this case is shanon Sanders all right anybody on behalf of the owner eigor Nunes EIG nun n present yes he is he'll be using director L desk um L just enable his there we go there we go want to make sure okay I'm here eigor if you can do me a favor and please raise your right hand do you sol solemnly swear and affirm the testimony you're about to give and these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do thank you uh Mr uh Nunes uh based on the records that I've reviewed you are not only the registered agent but you happen to also be a manager for uh300 Keystone terrrace LLC is that correct yes it is correct all right uh you uh have been cited for uh junk construction materials within the property you've been asked to remove it you have not um do you understand the nature of that violation and are you prepared to immediately take step make steps to remove the junk sir I like to uh clarify um so the U property it's in the uh process of uh getting um new uh permit for a new construction I have U I have proof here of the uh of the process um this could be a proof as as soon as next week which uh this is what we anticipated and what they call John is not junk I have also picture here of um the wood that we are storing there for construction purpose I have several pictures here and um none of them they are junk um I don't know are you okay so you you take issue with the uh with the use of the word junk let me have the uh by the way if it is a construction site then I would expect you to have some kind of approv plans and permits for that do you have't um as I was saying what I have here in my hands and I I'm sorry I couldn't upload anything because for some reason uh I couldn't do that from my own computer as a matter of fact I had to come here to the uh to the office in the city hall or the city because I couldn't do that from my uh computer and I've been here waiting since 9:30 in the morning so uh what I'm trying to say here is that in my hands I have record of the uh um permit number I can give it to you if you want no I I don't I don't uh unless you have a permit I I'm not interested in a u uh process number that's not going to help you it's a permit number sir oh it's a per so a permit has been issued for construction it's not issued yet but it's a permit number okay uh is there somebody from the building department can that can distinguish between a process process number and a permit number what is that process number sir if you don't mind it's not a process number at least here it says permit number it's a BSN boy n Nancy rson Robert 02023 000000 to4 we can't hear you Shon okay um when when they come in to apply for a permit is uh we a process number is the same thing as the permit number it turn once we issue the permit it turns into a active permit so it's the same thing the process number is actually a permit number that they receive once they pay their upfront fee and then it go through the review process so it's the same thing it's just his permit is not active so the process ma'am with all little respect I've been around a while okay a process number does not mean that you have a building permit okay Cor correct correct what I'm saying is that the number that he's giving you is a process number it doesn't turn into a permit number until the permit is actually active is actually issued so what he's giving you is a process number that has been my point since I started this conversation that he has a process number whether the papess permit number or the man in the moon it's not a building permit and because he hasn't filed the plans necessary to be approved for a building permit correct no that mean he actually did submit plans to be reviewed that's why number he made an application for a building permit he was given a permit he was he was given a process number but his plans have not yet been permitted correct okay I put on the screen here the process information he applied but has never been issued or approved he has several denials on the case on this okay okay and what is what is expected to be built on that property it's a new construction sir of what a house a building it's a house it's going to be a three- floor house as you can see there in the single single family home single family home okay so let me let me go back let let's go back and look at what's actually on the property right now I see a trailer I see a a a couple of trailers actually uh obviously that's not construction equipment is it no of course not sir okay I I did see some some wood pilings uh towards the very rear on the right hand side okay what what what is that going to be construction equipment yes of course that that's a stored there for the uh um for for construction for the uh for the shelf of the uh construction okay those look like uh pieces of wood right yes all right uh you're not allowed to have uh uh trailers on single family homes are you well since the property is fence I thought that I could keep them inside I mean um code what do what do you say about the those those uh trailers are are they legal or not not allowed sorry we can't hear you you're not muted I don't think your thing is plugged in no your honor uh to your question they would not be allowed yeah you can't hear me now I hear you is is there any process is is there any application or something to to I don't think I will even need it because I hope to get the uh permits constrction permit as soon as next week as far I just had a meeting today in the morning but in the meantime is there any application that I can fill out for the trailers to be there sir um shna Sanders neighborhood service inspector um property address um presented 130 um 00 Keystone terrorist I spoke with the property owner on the list and agent this gentlemen a couple of times when he was originally cited by the weekend officer in my absence um posted the property when I came back to work on Monday it was brought to my attention as soon as the gentleman received receives the notice he did give me a call we've had a conversation on the phone um at that initial time and another time before explaining to him that the trailers needed to be removed at that time of the inspection he had trailers RVs and things of that nature I explained one trailer could is usually usually allowed with the proper variants however he had an RV and I think three or four additional trailers so to answer your question there is um application you can submit for a variance but not for all three or four of the trailers there and because it's a vacant property with construction you know possibly pending um I doubt if it's going to be um um it would be issued in or approved with all your respect I am the property owner owner and I don't recall that we uh had ever talked I don't know if you talk to one of my kids or but I I don't remember someone called me as soon as you know because I the post the property was posted on the weekend I I'm they identified themselves as the property owner I know it was a gentleman I'm not sure if one of your kids you know called and identified thems as a property owner but we did have two verbal conversations where as I explained all of these items needed to be removed he did state that the um some of that dubris would be used for um construction you know however magistrate you know I will say you know it you know to any point the that wood and stuff looks quite weathered you know and at the same time you know not that it matters but I think it does it's hurricane season the permit has not been issued at this time it was actually even just denied again on the 4th of um June so if it was something where as I thought that the permit was going to be issued soon and that that material would be used you know um you know expeditiously I would say you know let's leave it there however the permit was applied for in um November and still hasn't been issued um to this day so you know I I would like for that stuff to possibly removed and again those RVs can't be allowed to be there even all right uh I I've heard enough and I uh what I'm going to do is um and I'll sign an order to that effect um I'm going to give you until uh the abatement date of August 19th to remove from the site anything that doesn't belong in a construction site I'm I'm I'm hopeful that you can get your uh permit issued I it's been apparently there are some some questions about uh whether there are the necessary approvals or not or comments that need to be addressed but whatever doesn't need to be on that site as a construct and you know we know we all know construction sites are not pretty and there may be some fencing uh necessary that you know that may make it look a little nicer it would help if if the fencing was such that it did not show a lot of the uh construction debris that that ultimately will go on there but what what I'm going to do is I'm going to give you until August 19th to work with inspector Sanders to remove whatever needs to be removed whether they're Trail um uh and you know homes any any any uh uh motor vehicles that don't have to be there that that that wood that you have there in the back you know with all du respect to me that doesn't look like construction uh equipment or construction wood uh to me construction wood seems a little bit nicer newer brighter yellower this may it may it may be used to you know it may be used for some other construction purposes but it's not the kind of stuff that I would want to see if I'm your next door neighbor uh leaning against the the window so um I uh agree with a code and compliance officer based on the photographs and the evidence presented uh that there are violations uh proper notice has been given I find in favor of the city and enter an adjudication and set a compliance date of August the 19th for you and the city to uh come to closure on what needs to go and what can stay uh in the event of non-compliance there shall be a daily fine of $300 until the violation is deated all right sir thank you very much please work with the city they're usually very accommodating we love to see nice construction uh make sure that the contractor is doing the work that he needs to do and uh always maintain Communications with the building official and the code officers so we don't need to hear this case again okay we'll do thank you very much all right have a good day you too thank you thank you magistrate um at this time we're going to call item number seven on the agenda Adela estrina Morgan case number cbpr 2022 00771 this case was previously found guilty by magistrate Smith with an abatement date of October 19 fine was set at $250 Plus $0000 cost assessment the officer on this case is shanon Sanders the attendee is Michael ban Mr Fabiano if you can please um accept the invitation and enable your audio and video all right please enable your video so we can see you you're going all right who's um Michael Fabiano is that the owner's rep yes uh Mr Fabiano if you can okay there we go if you can please raise your right hand for me do you solemly swear and affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do magistrate are you okay with that you see him okay well I see very hard to see his face but I think it's good enough okay uh is there some lighting issue there uh Mr Fabiano do you have a problem with your computer your lighting can can it be made more clear maybe you want to open the blinds a little bit just yeah make it uh that may be that that makes it worse I think the that's better okay all right all right that's fine let's move on Sir uh you you're uh uh involved with the property in some way what's your relationship to the property um uh husband sir husband he said he's the hus he's the husband of the property owner I believe he said okay you're the husband of Adel esta said Lina Morgan yes okay but you are you on the title I'm not sure I should be um I'm not sure but I I am the owner as well as the pro of the property okay um I'm looking magistrate I I F I found you guil I found the property owner guilty um back in September of last year and I uh gave an abatement date of October 19th with a fine of $250 um this I I remember the the pictures if you could pull up the pictures of the windows and the door I remember that uh that that there were new windows but they were installed without a permit and I uh I um required that uh you obtain window and door installation permits uh have you complied we have a contractor from the old own owner we bought this house the the this work was done by the old owner and we had an agreement with that Old owner to to complete the work that was actually part of the sale of the house um he has not done what he's supposed to do and every time we get a contractor from him that's supposed to go in they went in they applied for something um obviously they got turned down so what I was asking the city to do is is if I could pull a homeowner Builder permit to go ahead and get this resolved on our own because we've even asked other contractors to take the the job and due to the fact that the installation's already been done we've been turned down by many contractors saying we don't want to take the work so yeah we don't want somebody else's trouble yeah so so here's what I'm saying um I talked to Mrs Saunders about possibly pulling a homeowner Builder permit and she said I would need to talk to the um the I think it's the building Chief and I went ahead and sent him an email last week I actually went to the city last week and said hey can I speak with him so I can get approved for a homeowner build a permit they said the best way to reach him is by email I sent an an email and I never got any response back with all my information with the case my phone number and everything on that email what would you do as an owner Builder even if you do it did here's what I did last week last week I talked to a um a guy who I know for 25 years who's an expediter and he's willing to help us expedite this if we can get a homeowner Builder permit to get these windows passed because he said it's not a big deal we just need to move forward oh everybody agrees you need to move forward and that's why I thought that back in October you know that that when I when I ruled in September I thought that by October 19th you would get the message I don't even I don't even remember seeing you or your wife uh at that hearing I I couldn't log in I actually was that morning trying to log in I could not get into that meeting I even went online and submit extension and um I I thought it was tap then we got an extension CU I actually submitted it that day because I couldn't get in that morning well if I entered an order it was not an extension uh let me just tell you uh what I'm concerned about what I'm concerned about is that those windows that were installed by the prior owner may not be compliant with the County's product approval department they may very well be beautiful windows but if they're not the right windows for this County you may need to rip them out and put new ones in and that whole process is going to take you months so just getting a permit to do an inspection to get the county to to get an inspector out there from the building department doesn't give me enough comfort that you're going to be able to to be in compliance yeah but there's only there's only one way to know is if I can pull a permit get that inspection and then move from there well if the city's willing to to allow it it's a building issue it's not a legal issue is there someone from the building department that wants to weigh in on whether he can be an owner Builder and get an inspection and legalize the the the windows and the door shaie are you there m pricey could you please chairman she might be with a a resident inspector pressy I'm back on yes ma'am um the question was raised by the magistrate as to k a property owner pulling after the fact um permit as a owner builder for Windows that was already installed no they need a contractor there you go uh that's that's what the building official building officer the uh building officer uh has stated I and I have to take that as uh as the law because I don't have the authority to overrule them uh the only the only way you can overrule the building official is by taking them to the board of rules and appeals in the county and that's going to cost you a fortune and you're probably going to lose anyway so I can't believe that in Miami day County you cannot find a general contractor to file papers with the city to legalize illegally install Windows and Doors it's been the hardest thing I've had since we've got here you have no idea and the old the old owner who I'm still in communication with I would forget about the old owner the old the old owner is you're never going to hear from them they install they did something illegal okay and if it was done by a non-licensed contractor that non-licensed contractor can go to jail so uh and if it's a a licensed contractor he can lose his license for putting up Windows without and doors without a permit that's why they're not going to help you because they're exposing themselves to more liability so so what you need to do is what just what what the uh building department suggested is get get an engineer get an architect get a general contractor go to the city file some papers City will go out send an inspector if it was done right you're home free if the windows were made in um in in in South Korea and they don't meet the County requirements you're going to have to replace them okay all right so um where do we go from here then this way I'm G to go I'm going to work on getting whoever I possibly can because I've been waiting on them and it's like you know they they call me they get me excited they go to the city they send me a picture of a receipt and then they disappear so I I just can't wait anymore get somebody competent don't don't get don't don't think that getting somebody cheap is going to get you uh uh uh legalized it's it's going to have to be a certified bonded insured general contractor that has done work with the city of North Miami that knows the process and it's a matter of a few days it's just getting you know getting somebody from the filing the paperwork getting somebody from the city to come in do an inspection making sure that the windows and doors are legal if I can Michael let me ask because I'm I'm seeing here who is glogo construct ction uh it's so to so they submitted an application in October but you know they denied it three days later and no movement have been made so you know as I directed you and instructed you at the property when um I was hand delivering the notice to appear and when I went back again to take the photos you know call them get them moving since you say you paid them already here's the deal that that company disappeared and then a new company Lee Roofing and Construction called me and and now they're on the case I call them up and ask them what's going on and and the the old property owner is invested in this as well because there's over $5,000 sitting in escrow for this matter so they they they're invested in this and and I'm just at this point I can't wait anymore I need to fix this because I'm I'm past it already well so you know I'm past it to because I'd like my orders to be complied with so um what's the uh what's uh the code uh Miss Sanders what is what is your solution what is your recommendation um you know I'll be honest enough to say that I would like the fins to go ahead and move forward this is a case that I've opened over a year ago um we've given more than more than enough time even before initially opening up the violation I spoke with with the property owner and we had that same conversation about the previous owner and this that whatever have you I st it to him exactly as you know you just said you know let's take the old owner out of the equation you know it's now your problem let's get this situated you know nothing has has happened since October when you gave the adjudication so again I would like the finance to go ahead and move forward he's had more they sent me a new guy they really did and and I love how I love how you guys talk about fines and right now people can barely survive I mean my wife is literally in medical school she's in her clinicals everybody here is working trying to make a living and we buy a house with a bunch of of legal work that was done that we we're invested in now so it's like it's easy to find solve it it's also very easy to lame blame on people that are just trying to follow the law okay you have $5,000 an eser because you knew you were buying a house with violations don't try to pull a fast one on me because I've been in this business longer than you've been alive okay so so don't blame don't blame us for your problems you got money in estro you go ahead and solve the problem and I'm gonna start finding you I'm gonna start finding you because you did not comply with my order and you have done nothing since uh October uh 19th which was the abatement date and you just been dragging your feet waiting to get to get some look I'm done okay I'm done please turn off his mic I'm gonna I'm gonna I'm gonna Rule and this is the way it's going to be based on the testimony of the city's code enforcement officer testimony that I've heard from the owner of the property and the photographs and the evidence that has been presented uh I find that the property has been out of compliance since the abatement date back in October 19 2023 I find in favor of the city and hereby ratify the fines ACW to date set at $250 plus $8,000 cost assessment uh the fines shall continue to run on a daily basis until the is compliance and if there is no compliance we're going to put a lean on the property and take whatever actions are necessary to enforce my order yes ma'am magistrate you said a thousand for the cost assessment just wanted to sorry no that's a mistake it's a $100 uh cost assessment the fine is $250 which by the way it's one of the more lenient fines that I impose my fines typically are in the 300 to uh 300 to 500 sometimes even as high as a thousand so I treated you fairly from the beginning I treated you in a very respectful and and and try to be helpful and all I hear is blame the city blame the city yes times are tough and I do wish your wife well and I wish you all success but we are obligated in this town in this city to follow the law everybody follows the law so next time understand that um we're not responsible for the problems that you decided to put yourself in thank you next one all right magistrate next item I'm going to call is item number nine this is Ariel Matan Goldberg case number is C D rp224 00001 um the off off on this case is shanana Sanders and we have Alex Lima the attendee on this case and let me invite her in him Axel sorry I said Alex but it's Axel Lima if you can please enable your audio and video thank you as if are you an attorney I'm not Axel I'm Ariel Goldberg I'm the I'm the you're the owner all rightel is my tenant sure can you please raise your right hand yeah do you solemnly swear and affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do thank you officer shann is on the case magistrate okay let me uh first of all sir you say you're the owner I'm the owner of the house um EX should be on the call as well all right I see him I see him who is Ariel Matan Goldberg that's me but e I'm renting the house currently to Exel he's my tenant okay okay so you're Ariel correct and you're the owner and you are leasing the property to to who Exel to Axel Axel yeah he's on the call as well AEL Lima so the the the the name Axel Lima there is actually not your name that's that's the tenant's name ah I guess I I don't know yeah I guess I joined with the same link as he did so that's why it says my I guess I guess I I see I changed it magistrate just so there's no I I see the other gentleman uh with a beard right well you both have beards I changed the name magistrate okay all right so now now we got everybody right okay let me swear in Axel okay Axel if you can please raise your right hand do you solemnly swear and affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you gu please say I do I do thank you and Ariel Goldberg has been sworn in already as the property owner yes okay so guys um you've been cited for uh attempting or renting your dock space uh some advertisements uh to rent the space to voters is that do you understand that to be the allegation yes I I understand but they here in the paper says that they are signs on the the dog that we are renting and we don't rent the dog because the boat is mine and also the shet skis are mine and I don't know where they say that it's a sign saying that we are renting the docks I because I believe they found something in the Internet advertising uh your dock uh for rental is there something that the city wants to show me what is that what is that uh somebody somebody from the city uh who's the inspector here sh Sanders can you can you uh explain what what what is being shown on the screen right now um shanana Sanders city of North Miami um neighborhood service inspector what's being cited there's two different websites that an advertisement was um listed for um charter boat rentals I um spoke with I believe I I I think it was the property owner at a time or maybe it was attendant I'm not sure um but I spoke with a gentleman um as well as I woman about this property um who stated that at that time it was some rentals going on um they stated that they would remove the website um from the um they would remove the advertisement from the website you know however the advertisement has been removed but from what I'm understanding through the residents um and from from Marine Patrol that the charter boats are still taking place in that the boats um still remain off and on at the property I apologize I did have the officer for Marine Patrol on um who wanted to give testimony um about this um you know case but this is his this Friday um so he was he was leaving for the day but you know from the what's been said to me that he has been renting out the dock space to different individuals one of the boats that's um parked there does not belong to the owner or the tenant and that um you know is continuing to happen all right let's let's put this case in context okay number one the the violation that is being uh cited is for the advertisements okay [Music] um advertising to rent the doc space I see nothing uh in the description of the um charges talking about illegal Charters uh and the fact that uh that the one of the boats may or may not be theirs uh doesn't doesn't meet the U the uh clear and convincing evidence burden that I have to follow but I'm going to inquire further and uh I have not made up my mind I want to hear from everybody uh either the owner or the tenant is yes ma'am yeah I want to say something if I may I think the the advert first of all I'm the owner I rented the my property to excel so H it's a one-year lease um I did put in the list no rental no using uh um commercial uses for the doc but this advertising is for somebody else you can see the address is not correct it's 12910 where we are 2951 uh this is not Axel I believe again I will let Axel talk but I feel like most of the stuff you see yeah yeah I was I was one person at a time one person Ariel I just want to hear from you right now but you're the wit so again I I I rented the dock I rented the Full House to Exel I have a one-year list with him uh in the list I did put no usage for commercial for the dock or no doing boat rentas because I knew he has a boat um and I knew he does both rentals but he's using Duffy's dog to pick up and drop off clients so this is what I know um I got the notifications from Ax last week telling me hey we got this letter um I didn't have enough time to I know he sent the documents he told me um I my mailing address by the way is different than my home address I'm currently living in Puerto Rico I just want to mention it there that if there is a future problems I would like to get the letters to my mailing address and not to my home address um but yeah I'm going to let Exel talk from here and kind of like defend himself because this is not really my case well uh it is your case because you're the owner of the property and not withstanding what is is on the lease whatever you write on the lease doesn't matter ultimately you're the owner you're responsible if you if you find out that the tenant is violating your lease by engaging in chartering or water sports or commercial activities charging people to go fishing or whatever it is it's your responsibility to go to court and stop it and I'm G I'm going to caution both of you while I have you both that I am very strict with uh chartering activities out of residential neighborhoods because they disturb the peace and Tranquility of neighborhoods it is something that is now becoming very prevalent particularly in Waterfront communities where these boats are and they I know what they do they they charge they uh a fee they take you to hover they you go fishing you have a party out uh in the sea somewhere you come back in the afternoon we've seen some cases where people actually bring luggage with them that's how bad it's getting and it may be that they stay overnight so I'm not saying that any of this is happening here I'm just cautioning you that if it is happening and you are cited again I'm going to find I'm going to find you like the maximum amount that I'm allowed to to to find so I absolutely agree with you and I would appreciate next time if you guys can send the the the letters to my mailing address and not my property address just because I don't I do not receive mail there I mean Axel did receive the mail and he gave me about the heads up was after June 17 where I I could reply it was like last week over a voice memo so I would appreciate if you guys can send it to the 53 Kay palamas sweet 601 this is where I receive all my mail well I I would also encourage you to write to the city instead of just saying it now saying that going forward anything having to do with this property um please send me the notification or you can uh when when you do your uh in here it says it says my mailing address you can see it over there office the property appraiser this is my mailing address it's right there I I I I changed it because I wanted to get all my bills and everything from the city to that address so I would appreciate getting magistrate um just for the record to Ariel we pull the property appraisal for every case and a letter is also sent to the property appraisal mailing address as well as to the property that the violation is at so it's mailed to the property registered on property appraisal as well left on your actual property I've never received um on my other on the other mailing address I've never received it okay well anyway let's move on um let let me let me uh ask uh Axel if he had anything to do with that advertising uh that was posted uh on the internet no I I was going to tell that about that it's not my company it's not my my link my I don't know who are that persons H sometimes they are like Brokers that they rent votes but they don't ask me nothing for put my vot in that that page or something like that ER I want to talk with with aric here that he also when when he read me the house he asked me what I was doing for work and I told you I rent boats and I do all this but he I do this business like three years ago from zero and I know how it it works I learn a lot for start doing it because I don't want to I came from Argentina and I don't want to lose my money and I was five years working a lot with Firs for H permit um um sorry that I I don't talk really good in in English H to do all the papers and to do all good for stay here and I'm not going to do nothing bad ER for the America get angry with me and take me over here I know that I can't do Charter here I can't take people from here I can't R do the vat is mine the shed is are mine H when I work with this I taking from D is other the people I used to have another house in the 79 in Norway Village and I take the people from truckers because I I learn about this business and I believe from zero I'm not going to do nothing bad for for bad things in in in America well you know people people you mentioned 79 Street uh the the the uh the Pelican House there a lot of people rent jet skis and other equipment from there okay so there's nothing wrong with you uh if you have a boat uh at at Pelican har and somebody calls you to go pick them up at a certain place uh I I don't believe there's anything wrong with that but if you're doing it out of that house you're doing it out of that dock then you're in violation and uh you're going to be cited so uh do you own one one or more boats no no I have only one one of my two shet skis but I don't rent the shet skis they are private for me you don't rent the jet skis you you have what jet skis shed shed b w in the picture in the picture you you have the the two the two all right uh so you have one boat yes the gray one that is in the picture and you're a tenant you got a one-year lease and you're keeping it at that particular dock yes okay I caution you that uh uh the uh North Miami Beach Patrol Marine Mar Patrol and others are looking your neighbors are looking yeah I know the evidence of uh illegal Charters out of that house that comes to me is going to be fined uh at the highest level that I can find so um I am um uh Miss uh Sanders yes what is your what is your recommendation um for this one I I have no recommendation um this was called in to me through a complaint as um usual with in Keystone and S um you know the property owner is stating that um it's not his advertisement he the boat belongs to him um with this one I only I I want to ask before I um you know close out really say because I see that someone uploaded some um documentation about milk tour um USA is that your company or is that because I'm I'm seeing the ad you know and you know to go to piggy back on both violations where as I cited about the boat rental and about um obtaining a business tax receipt some um email was sent to me and information was loaded stating that there is a um company there they stated that they have lure but what they have is with the county so who is milk tour USA me war USA is the the company of my father is the company that is the a register at vot also my father with here with me we are the two on the on agreement but now it's in Argentina he's coming back now on 10 of July in a few days Miss Sanders are are you referring to the next violation yeah you know yes I and I I'm referring to the next one but I'm questioning only because he's saying it you know for him to submit information and documentation stay he does have a company however um in this one he's stating that you know the boat belongs to him he's you know doesn't rent it out things of that nature so I just you know they kind of they're different violations but it seems though is it's contradictory information so I I just want to make sure that I'm understanding this correctly well I want to make sure also because you can't get a business tax receipt to operate a uh Charter Business out of a single family home so you're asking him to do the impossible you know and and but I I'm asking him to do the impossible because he was Adam mid again whoever I spoke with whether it was him or his father I mean this is the first time I think I'm I'm speaking with the property owner but when they stated that they had a business um and you know they said they had documentation things of that nature I asked them to give it to me you know at that time they didn't you know again we were on the phone um I I wanted to do it kind of as a as a double-edged catch as to if you are doing it you know let's do it with the proper um approval if you're not let's get these boats removed and um you know stopped doing the rentals so I kind of you know did you know both as a catch all so for for either way all right you can't get the the boats removed because the the boats belong to uh the or the boat belongs to Al to Axel Axel and and he owns it and he's got a right to put it there what he does not have the right to do is to use it for commercial purposes and even you can't make him get a a BTR because that would be an illegal uh use so all all I can say guys is that uh the use of that dock for any commercial purposes the use of that house for any commercial purposes whether it's boats jet skis skateboards whatever it is not legal okay and and and so I'm not convinced that that advertisement came from the owner anyway and I don't don't um believe that uh uh that they're doing illegal Charters based on the testimony that I'm seeing if the if the neighbors want to come in and testify if the police officer the Marine Patrol people want to come in and testify uh that they've observed uh people engaging in chartering I'll be happy to reconsider this but based on the testimony uh that I've that I've heard and the burden of proof being on the part of the city and it's clear and convincing I am not going to find them guilty but I do caution them to be careful because we're going to be watching you okay and uh you never know what neighbor has uh videos of you guys engaging in in in legal uh illegal stuff yes Axel yeah I know who is the neighbor because I I seen taking me pictures some days a few days and one day I finish with my family and I say I I go to talk with him I go with my with my girlfriend and I touched the door and I say hey hi I'm from the boat that you were taking picture he said no this is priv property but I want to like talk and explain and see why why it bothers you that I pass with my boat and it finished bad because he take a gun and say me this is private property H get out of here I can to my house I call the police for do a report because it was like not not more in Argentina don't pass that like a people take out a gun and show you and say get out of here and when I call the police the police tell me that he can do that if you to touch his door you you listen you you if you follow the law and you do what I tell you you're not going to be in trouble we're not going to deport you to Argentina okay don't wor you know we're not doing any of that uh even work lot for be here go really the United States even if I could okay that's not something you should worry about uh just do your business and uh stay out of trouble and I saw a hand somebody raised a hand somebody else no it was actually me it's uh you Karen I'm still here this whole time Karen give me a moment um magistrate I did not call item number 10 into record can I do that so you can rule on both at the same time yeah I'm going to rule on both by the way uh Karen are you also going to speak on this yes if I can please I register okay so all right call call call number 10 and then I'm GNA call on Karen all right item number 10 Ariel mattin Goldberg cfob b224 z75 do I need to swear in miss Karen again for the third time if it's a different case absolutely um miss Karen do you Solly swear and affirm the testimony you're about to give for these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do okay ma'am you've heard you've heard uh everything so what real fast real fast what do you what do you want to add what no I want to add that it's it to Axel Axel it's very confusing for all the Neighbors on the water ways to necessarily know where a boat is coming from with the charters the neighbors are basically asking that we keep this a single family neighborhood I'm very sorry that somebody pulled a gun on you that embarrasses me scares me not the way we want to operate but please know it's many neighbors that are complaining about Charters not just one and we use the city because we don't want those type of interactions so I volunteer myself to you you can find all the information you need about how to reach me on Keystone point.net if you have some type of problems or questions that you don't know who to ask in the city I'm happy to help that's a a very um helpful comment um I know of many homeowners associations that have websites if you would invite them to become uh um what do you call it members or uh link to your to your you know send send them uh send them a link invite them in and uh I'm sure that you you like other homeowners associations have newsletters and people post their concerns and pictures and information some of it sometimes gets a little testy and a little uh uh profane but uh that's that's today's world no not ours we won't do that but I put it in the um I put the website in the in the chat um it's free to sign up for emails and obviously if you can make a contribution we appreciate appreciate it um we're just trying to have a we're just trying to have a nice single family safe neighborhood so thank you everybody I would hope both the owner and the Tenant take advantage of that and participate in making the obviously the owner has a vested interest in making sure that the neighborhood succeeds and becomes uh you know a high-end neighborhood which I know it is have a lot of friends there I um I I go there often uh and so I would like to see everybody get along with everybody else uh so with that said I I will um dismiss both cases but uh caution cautioning both of you to be careful going forward thank you so much your honor thank you Karen and thank you everyone for for this really thank you for all and Happy four FL happy four thanks guys next all right next item on the this case is um item number 22 holy house partners LLC c m HS 223 00659 the officer on this case is shanon Sanders and the attendee will be Carlos sis cispes okay uh just uh how many more cases do we have Madame CL we have a a couple magistrate I haven't counted but we have one more attendee and then after that from there well two more attendees and then that's it okay so so I just want to announce uh after this one we're going to take uh a f minute break uh because I've been at this now for many hours and uh we need a bathroom break and we need a drink of water and eat something and maybe take some emergency call You got it after this one we'll do we'll do a five minute recess okay all right Mr Carlos if you can please enable your audio and video for us oh all right Carlos if you can yes can you raise your right hand for me please yes yeah there we go all right do you solemnly swear and affirm the testimony you're about to give and these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do perfect do you need a translator Mr Carlos uh I speak English good it's better I don't think so because he's he's not not big de you know okay okay he has a problem with the translation he need yeah thank you yeah and uh we'll use interpreter but the uh the magistrate uh is fluent in Spanish also so if every once in a while you say a word in Spanish I will I will know what you said okay okay okay thank you okay um how are you involved with holy house partners what what is your relationship to the owner yeah the property manager you're the property manager okay and what is Holy house partners is that a residential building it's a resident ability right how many units there 57 okay how long have you been the property manager since uh the new owner bought that one in in December 29 2729 or the last year yeah six months okay so you're aware of course that there has been a uh Citation for PRS throughout the building and we can see them in the pictures from Shaina Sanders you see all the cracks yes yes okay um so how much time do you need to fix that well I was I sent to to one company to check to to ask for the permit because the there are a miscommunication because in the property address is stay the same because the the owners vote the building with the name also because no no waranty D and the property appra remain the same address and I sent to the all owners all communication but you go to the holy house partners the SES there are updated address there the mailing address and the owner address the new owner address but now I already spoke with h with the MVP permits company and they will handl in the permit and they as they told me that need a a survey I already spoke with the survey company in order to to make a survey and submit a the plans with with the with the all the uh information that need for get a permit and after that let do the job my my question sir with all due respect was how much time you need well I I think is for for the permit need I don't know how much delay that one because the we will do ready for for submit the permit in in two two weeks or three weeks and for make the job I don't know how much need the the contractor for do that you have a contractor already in place no not yet not yet first need to so do you have a contract with an architect yes yes I will have yes I have no do do you do you now have a contractor with an engineer with a a contract with a with an architect no no now no now no now but I can I can get an easy one contractor okay well Have You Done Construction before no I don't mean in this property but in general in other properties no no no no conr proper no well you know you got to fix these cracks right yes yeah but but that cracks I don't see that that that cracks we want the building without without that cracks there are what what what is what are those things that this these things for example I don't see so I I saw several cracks but small cracks not that big cracks no that one is was cover for S the building probably so you you're not seeing those pictures yes I see in the picture yes all right so nobody fake these pictures these pictures are real okay you got you got a lot of issues there a lot of cracks and a lot of work that needs to to be done otherwise otherwise your 57 unit owners there are going to be uh is it is it a condo or is it a ryal you say the apartment okay well your owner is going to be spending a lot of money there if he doesn't uh he's going to be f a lot of money if he doesn't fix that you see those pictures that's not acceptable yeah for sure this that picture that the property don't looks in that way now why you you painted it no no we don't paint it but we bought the but that picture maybe that picture that picture was taken that picture was taken 15 days ago oh okay if that 15 15 days ago but I need to check carefully that one because I don't see so but I I will check I we take okay this is what I'm going to do sir uh and listen to me very clearly because if you don't if you don't do what I say I am going to issue fines and your and your boss the owner of the property is gonna have to pay huge fines if they don't spend the money to fix these cracks okay I I am I am going I am going to give you until September 16th okay that's all of July all of August and half of September okay to to fix the cracks it doesn't take three months to get permits and to get a contractor to fix the the the uh the cracks okay if you do not if you do not fix the cracks and and correct those violations by September the 16th I'm going to issue you a fine of $500 a day okay all right so to repeat for purposes of issuing my order based on the testimony of the city's code compliance officer the photographs and the evidence presented uh showing that the violations still exist as as of 15 days ago proper notice has been given the property manager has uh appeared uh in front of me I find in favor of the city enter an adjudication and set a compliance date of September 16th in the event of non-compliance there shall be a daily fine of $500 until the violation is abated sir do not wait trust me do not wait until the day before to file your permit okay you file the plans and and for the permit next week yes so that there's enough time between now and September for you to get the permits and hire a contractor yes so I'm giving you plenty of time don't come don't don't come to me later saying uh I'm sorry I couldn't do it on time you got plenty of time okay next case okay thank you you want to do next case magistrate or you want to take oh oh we're going to take a 10minute recess all right that 10 minute recess it's uh 3:10 we'll see you at 3:20 you got it okay recording stopped e e e e e e e e e e e e e e e e e e e e e e e e e e e e e recording in progress for e all right guys we're ready to go ready yes the next case I'm going to call is item number 46 it's TNT Marine Center LTD huh never mind my microphone is off you guys can't hear me we hear you little louder day long day sorry about that all right TNT Marine centered LTD fybr R r222 0048 the officer on this case is um shinie prey um we do have Mr yes Chuck 14 chuck fortun if you can please enable your audio and video Chuck please accept the invitation and enable your video and [Music] audio chuck if you can please raise your right can do you sol solemnly swear or affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do thank you Mr foron uh please reate your name address and your relationship to the property uh Chuck foron 1940 Northeast 135th Street I'm the general manager for TNT Marine Center okay uh so apparently there's a building at 13301 biscan Boulevard and the 40 uh or 10year building recertification is due is that your understanding yes sir it is uh these uh seall and electrical inspections apparently prior management dropped the ball we were unaware of this situation until I received the notices that were sent out in June since then we have contracted with Edgewater resources an engineering firm to perform those certifications I do not have a date as to when that's going to be completed okay so basically uh you're saying the seaw wall uh needs uh repairs and uh the rest of the building seems to be in good shape as as far as I know I have not seen any history on it for the rest of the inspections but according to the notice we were sent and after you know reviewing it with the engineers what we need to do is a seaw wall inspection which is underwater cameras possibly divers to inspect the entire length of the seaw wall on the property and the electrical systems uh were never done so but but what whatever whatever works whatever work needs to be done uh you still need to do a 40-year recertification report and the report May uh site the to to the deficiencies that you're talking about but have you filed a 40 uh year recertification report yet no sir we have not and as I understood that was the violation was that 40-year uh for the seaw wall and the electrical have not been completed and that is that is why we're having this discussion today did some of the buildings but that part wasn't those two inspection certifications maybe I misunderstand the process and perhaps building can assist me it's two separate processes there's the filing of the report which make contain some deficiencies and then you got to correct the deficiencies correct right so so they have not according to inspector pressie they have not filed anything with the city is that correct that's correct okay you understand that Mr foron that even even if you have issues with your seaw wall you still have to file the recertification report correct and that's what what we've contracted with with Edge group to do is the the inspection and the recertification whatever efficiencies forward knowing and and by the way is it what what kind of use is your building uh uh is is it a marine recreation building or is it boat storage what what is it we're we're a a marina a waterfront Marina here in Keystone we do dry storage we do repairs we have fuel dock all right let let me uh let me just let me just try to simplify matters let's not get overly complicated the county requires that there be a 40-year recertification report okay that should be relatively easy to do and I'm going to I'm going to give you plenty of time to do it I'm going to give you until September 16th to get your report in okay after that there will be fines if you don't file the report once you file the report there may be some Seawall issues or electrical issues that come up I will give you more time to fix those things but you first have to file your recertification report I'm going to give you until September 16th to do that okay that's that's that's a that's really not a difficult job to do you need you need an architect or you need an engineer with experience in the type of structure that you have you hire them they do all the all the necessary inspections they file the report and they may say uh seaw wall is defective it needs this or that or the electrical has this problem or this the there's a structural issue with this column that comes later we'll fix that later but we need the report the actual report needs to be filed so yes um based on the testimony of the city's uh code compliance officer the uh photograph and the evidence presented depicting that the cited violation uh for the 40-year recertification still exists proper notice has been given I find in favor of the city enter an adjudication and set a compliance date of September 16 2024 uh in the uh event that the um uh there is non-compliance by by that dat there will be a daily fine of $350 until the violation is Abad so you need to go to work sir understood okay next case next item we're going to call is item number 43 rashed a Tahir and W Saleem fybr RR 2022 0017 the officer on this case is shaie prey Mr Rah if you can please enable your audio and video for us hello yes Mr rahid we can hear you may you please raise your right hand raise your right hand do you solemnly swear and affirm the testimony you're about to give and these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do thank you sir uh you you uh own the property at 1025 Northeast 126 Street yes sir okay do you know what the violation is about yes I know know you know now meaning like you just found out yesterday or you your honor one thing I have to explain to you my name Rashid t with wife sim sorry sir you're breaking up I'm I'm having trouble hearing you okay uh she my name Rashid and wife s okay sir how much how much time how much time do you need to do your 40-year recertification your honor I have to explain to something but it's okay I'm very depressed uh you give me October you giving everybody September I need October 15 is okay I will be very happy that's it okay I I'm going to give you like I did with the other gentlemen I'm going to give you until September 16th to get get your uh report filed with the city based on the uh testimony of the city's code officer the uh evidence presented depicting that the V cited violation exists proper notice has been given I find in favor of the city enter adjudication and set of compliance date of September 16th 2024 the event of non-compliance there shall be a daily fine of $350 until the violation is abated September 16th right September 16th yes sir all right thank you very much sir okay all right the next items we're about to call magistrate are this is a long one magistrate it's item number one second let me remove Mr okay he's gone is item number 36 through item number 42 so I will read each case into the record item number 46 is Northeast Palm Condo Association case number mhv IO 2023 did you say 46 or 36 36 through 42 okay uh um okay read read them all and we'll take them all together since they all relate to one another correct yes all right so item number 36 Northeast Palm Condo Association case number mhv io2 023 01073 item number 37 Northeast Palm Condo Association mhv IO 2023 01074 item number 38 Northeast Palm Condo Association mhbo 2023 01075 item number 39 Northeast Palm Condo Association case number mhv IO 2023 010 076 item number 40 Northeast condo Northeast Palm Condo Association case number mhv iio 2023 01077 item number 41 Northeast Palm Condo Association mhv 2023 01 078 and item number 42 Northeast Palm Condo Association case number mhv IO 2023 01079 the officer on this case is Brentley Daniel and we also have the attendee Megan Perez on Megan if you can please enable your audio and video for me please where is Miss Barz I'm here um she's here we're just waiting for her to enable her video thank you Megan Megan you're not an attorney are you no I'm the cam for the property all right may you please raise your right hand for me do you solemnly swear and affirm the testimony you're about to give in these proceeding shall be the truth the whole truth and nothing but the truth so help you God please say I do I do thank you you're welcome okay uh good afternoon uh M Perez um you tell you you're the the cam by assume I assume that you're the property manager I am yes for Northeast Palms condo association correct yes correct how many units in that Association there are 14 units in total how can 14 units accumulate so many violations well they're actually violations that um for the most part uh we have started uh to correct um that's there's uh furniture on balconies I've been in contact with inspector Daniel um uh we've been um in communication about all of this um this has actually been turned over from other owners to an investor buyer who's buying up the properties little by little and so we are bringing everything into um into compliance as we go Okay I uh first the first issue is the out the storage outdoor storage on balconies that has that has to go right yes so I you know we've sent out notices to our residents we let them know and I've informed inspector Daniel as well the last notice went out last week and kind of um instilled a little bit of fear you know and told them hey guys everybody's got to remove all Storage off of the balconies before the city uh comes to re to do reinspection again some of those pictures are um they might be a little bit older I'm not sure um and some of those issues have already been tackled are those uh balconies common areas or are they individually owned they're limited common areas so they are the responsibility of the association that at least you know the tenants have to abide by the rules and regulations okay so they're uh used by the individual unit owners uh but they're nonetheless they're they're uh owned by the Association so it's the the association's responsibility so you you need you need to get that done right away whatever means you have to force uh unit owners to comply including up to uh including fines and Court actions and leans and whatever else you can do so uh how how long you need to get compliance on the uh store um if you could give me till the August meeting on that one that that would be more than enough time I also have um I understand that Miss tone the clerk read in all the violations so we also have the certificate of use and the BTR that we're working on um for some reason this property had a germ requirement so the application wasn't as easy as ones I've done in North Miami in the past um but that's been already submitted the office should you see a that case is not on file ma'am oh I'm sorry sorry s well there is a certificate of use uh in item uh 40 and uh in item 39 there's a BTR issue right do you want to go into order magistrate or you want to I'm going to take all of this together because I'm I'm going to require them to do it all by the same time we don't want it different dat things I just want to understand on the outdoor storage you said uh until I don't have a meeting in in in August I have a meeting in SE September 4th so for for all of these violations I'm going to uh I'm going to set a what I'm going to do is I'm going to get a compliance date of August 19th with my meeting to be held on September 4 some of these violations may be uh move moved by then some of them may require a little bit more time and I'll be lenient with you if you're moving along quickly the the the uh so so the next issue is the sliding uh door uh sliding door screens they need to be replaced throughout the entire building that may take a little bit longer but um how long do you think that'll take well right now we're trying to figure out I'm trying to figure out with the board since you know we have the structural Integrity Reserve studies and those numbers are coming out and that includes the windows I'm having a communication with the attorney of the association to see if that mandates us to change the windows as an association expense when normally the documents state that it's an owner expense um so but that should happen quickly at some point this month they're going to decide whether or not they're going to change out all the windows um as for for the screens there is a violation that says that the windows should have screens also but the windows actually open Out and because they're old we're having an issue with some of them fully opening and I don't want to add any more you know uh work done on those windows uh that could cause possible leaks if we're going to change them soon so I know that's a lot of information but that's where we are well um you're you're um the discussing an issue that is above my pay grade I think you need to talk to the building official the building department as to what to do with windows that open out and and whether there's a requirement or not to put the screens on them I I don't know but uh I'm going to give you a little extra time actually to resolve all of it see if you can resolve all or most of it uh I'm going to give you a little extra time so I understand the sliding uh door screen and uh doors uh let's talk about window screens same issue right window screens and uh business tax receipt is is there any reason you don't have it no so it requires a certificate of use to be processed first um I do have stamped documents which I sent over to inspector Daniel from the city um I've done this before for another condominium they accepted it there and got it initiated for for some reason this property required me to go through Derm approval so I had to do some stuff online which has already been completed um I actually have the paperwork in front of me if you want me to show you the stamp from the city of North Miami um uh and I believe inspector I sent that to you if I didn't I I certainly will yes ma'am okay all right uh inspector Daniel um yes you're I think the the desire is there for uh the corrections to be made of course any thoughts uh I was going to give them um I was going to give them until September 16th to get everything done I'm in favor of that your honor um myself and the property manager have been um in close contact with each other um even with the last building that she also manages as well any issue that I've brought to her attention she's always made effort and trying to come into compliance all right I'm I'm going to going to uh adjudicate uh violations on all of them that we've discussed beginning with uh 36 37 38 39 40 and 41 and uh I'm going 42 and 42 yes I missed 42 but the orders will essentially be the same um that's why I wanted to do them all together based on the uh testimony of the city's Co compliance officer photographs and the evidence presented depicting that the cited violation still exist having heard from the owner's rep and the property uh proper notice having been given I find in favor of the city entering adjudication and as to all the violations I set a compliance date of September 16th in the event of non-compliance there shall be a daily fine of $350 until the violation is deated thank you ma'am much thank you very much keep in touch uh with the inspector okay we'll do thank you very much let him let him know what's going on yes yes thank you all right sorry are the interpreters dismissed yes interpreters you may be dismissed thank you very much all right what have we got left all right magistrate let's go from the beginning beginning item number five 1530 Northeast 130 Street Inc case number c ldr 2022 000019 previously found guilty by magistrate Smith with an abatement date of September 21 2023 F set at $1,000 plus 00 cost assessment the officer on this case is shanana Sanders anybody on behalf of the no other attendees are here okay well uh I I remember this one well and I remember how upsetting it is for uh these violations to go uh on forever and then when they're called before me they don't show up so I um I found them guilty on July 6 my gosh almost a year ago and we're still here and they're not even appearing um I noticed that there are two people uh listed uh in sunbiz a Francis Jacob and a Jacob nay uh somebody's got to wake them up send them some really nasty letters my orders would would be helpful I've looked at the photographs has there been any any improvements any corrections we mut we can't hear you off Moro is that your case no that's um officer shanon Sanders Miss Sanders yes she's having trouble with her microphone a little bit I don't know what's going on up there no no which case again are we in this is number five No Shana okay yeah oh my goodness now we hear you okay okay I'm here I don't know I'm having a problem with my microphone Miss Sanders any change um not necessarily they submitted they did submit an application back in October I'm showing here October 2023 for the driveway um it's been denied on four or five different occasions um by all the disciplines and they're asking for the exact same thing um you know so I would say yes and no nothing has happened um with the application since it's been submitted but the the pictures that you're showing me are depict the same condition that existed months ago almost a year ago when I first found them guilty nothing has changed they haven't done any corrective work they haven't done any corrective work the only thing they've done was remove those rugs um they had rugs and little carpet remnants out there that they were parking on um and now was just looks you know it's it's depicted in the picture now but um anything other than that no the violation remain look it looks like a pig side of me so it Still Remains uh the same it Still Remains the Same based on the unre testimony no this is a ratification right yes yes that's correct based on the unrebutted testimony of the city's code enforcement officer the photographs and the evidence presented depicting that the property has been out of compliance since the abatement date of September 21 2023 uh I find in favor of the city hereby ratify the fines acre to date in the amount of $1,000 uh n assess cost in the amount of a 100 the fines shall continue to run on a daily basis until there is compliance and I think that uh a um a lean uh should definitely be placed on the property uh and and and they should be notified immediately that uh a lean has been placed uh on on the property and it all right item number six 1595 noreast 123 street LLC case number CZ CU 2021 00165 previously found guilty by magistrate Smith with an abatement date of April 17 2024 F was set at $250 plus the $100 cost assessment the officer on this case is Jonathan lster um Mr lestre I'm familiar uh with the case it's hard to believe that Valero uh has not responded uh I don't know what the issue is with the certificate of use do do you know whether there's any activity going on have they filed anything uh so I actually spoke to the development services department uh on the about a week ago and there is no application on file with uh with Valero at 1595 Northeast 23rd Street I've spoken to the clerk uh I've given my business card to them provided them with the notice to appear we mailed out the notice to appear nothing okay well I don't like it when they don't appeal when they don't appear before me uh you know these are not your New Kids on the Block they're you know pretty big entity they know what to do they know how to do it they have great lawyers so I'm going to ratify the fine and if they're not happy they can go and get mitigation somewhere else based on the unrebutted testimony of the city's code enforcement officer the photographs and the evidence presented showing that the property has been out of compliance since April 177 2024 um I find in favor of the city hereby ratify the fines ACR today in the amount of $250 plus $100 cost assessment the f shall continue to run on a daily basis until there is compliance all right item number eight Andy pellis case number c MHS 2023 00821 previously found guilty by magistr Smith with an abatement date of March 20 of 2024 fine was set at $350 plus the $100 cost assessment the officer on this case is shanon Sanders Miss Sanders uh this is uh should have been been a relatively simple case where they just need to put a an ID placard on the property with emergency information nothing have they done anything they haven't done anything at all no it's even worse the the property is even worse conditioned now um but nothing okay all right uh based on the uh unrebutted testimony of the city's code enforcement officer uh the evidence presented showing that the property has been out of compliance uh since March 20th 2024 I find in favor of the city hereby ratify the fines ACR today in the amount of $350 plus $100 cost assessment the fine shall continue to run on a daily basis until there is compliance and I authorize the entry of a lean go ahead and file a lean against the property please all right item number 13 BMA Plaza LLC case number is fyb R r2014 0049 previously found guilty um by magistrate yeah who is the am magistrate I didn't know had am that's obviously a typo which mag it definitely is a typo so let me check that for you which which magistrate did that I'll let you know one second as I read it I said wait we don't have a magistrate maybe there is no M well I guess there is if there's a finding of guilt somebody must have done it somebody found him guilty and actually I I try to look for the order and I don't think it's in the file me yes as a matter of fact I did make a note uh on my agenda that the order is not in the file it's not in the file hold on one second magistrate this is item 13 bear with me a moment all right this was oh yeah this was long ago this was before my timing so so now that I'm looking at it back in 2015 when it was found guilty we actually used to have two hearings one in the morning and then one in the evening that's why they have the am magistrate and then the PM magistrate and back then we had uh only two magistrates uh we had um magistrate uh Benjamin uh who became now a state representative and then we also have magistrate Kazo which is still one of our acting magistrates I hope that narrows it a little bit but we don't okay let me see who well it say we don't know which is the magistrate we need not not just that I it doesn't matter who the magistrate was it matters that the order be part of the file right put the order in from the [Music] beginning right I for my information their system was different um from some time ago I don't all right now that now that you know what the issue is you can resolve it uh let me ju let me just hear from you and and see if any R certification reports have been filed shaie pressy I'm here hold on let me turn my mic um my camera on you can see me now yes yes okay um for this case right here I'm so sorry CU they had me doing this is for the 1981 Northeast on 35th Street yes 1981 no I mean the it was yes the report was submitted but I still bring them in front of you because repairs had needed to be made so they had 150 days from the date the letter was um sent out to let them know that repairs need to be made so we there now they need to be in compliance well but the citation is for not filing the recertification which you you're telling me they did file it yes but the the they have to be all the way completed through the whole process not only that when we when you fil the report you have 150 days if you have any repairs or any corrections that needs to be done if you haven't done that within that time time frame you still not in compliance all right I accept that um so not only do do they have to do the recertification filing they also have to comply with the requirements yes in order to receive their re um compliance letter and they have not done everything they they need to do okay correct based on the uh unrebutted testimony of the city's code compliance officer um and the evidence presented depicting that uh the property has been out of compliance for failing to complete the uh 40-year recertification uh timely and and make all the necessary Corrections um it's been out of compliance since um September 1st they were found guilty by a prior magistrate um I find in favor of the city hereby ratify the fines approved to date um at $100 plus a cost assessment of $100 uh hereby uh ratify those fines and set and the fin shall continue to run on a daily basis until there's compliance um I'm considering whether or not to increase the fines uh Madam City attorney is that within my authority has the uh City attorney city correct the City attorney is left me uh all right I'll leave things the way they are uh so as not to create uh uh a legal issue so we'll leave it at at the uh fine set at 100 okay next next case magistrate is item number 16 Empire Legacy Management case number cbpr 2023 00081 previously found guilty by magistrate Smith with an abatement date of April 17th of 2024 find set at $350 Plus $0000 cost assessment the officer on this case is Shannon Sanders all right Miss Sanders I'm I'm aware of the violation I've reviewed the file uh there's an issue with the um uh asol driveway uh needs a permit anything new Shannon Sanders neighborhood service inspector no nothing new based on the unrebutted testimony of the city's code enforcement officer the photograph and the evidence presented showing that the property has been out of compliance since April 17 2024 I find in favor of the city hereby ratify the fines approved to date in the amount of $350 plus $100 cost assessment uh the set fin shall continue to run on a daily basis until there is compliance all right um next item on the agenda is item number 20 Golden Terrace condo case number is cwwc 2023 00125 the officer on this case is Christopher Coulson uh this is item 20 you said item number 20 and also 21 as okay item number 21 is golden terrce condo case number is C wwc 2023 00126 officer is Christopher Coulson all right the first one has to do with a leaking ceiling yes off the coast in city in North Miami U this I spoke with the residents last well first of all a violation for leak concealing and um I've spoke with the residents on several occasions they tried to come out and Patch it but it's still leaking I was I my final inspection the violation Still Remains I have no contact with the uh owner of the cont though I've tried no contact reached out several times no no reply back only the tenants that stay there all right let me let me let me understand something uh this is a condo association correct yes yes and uh unit 401 is owned by a private individual yes and that uh private individual uh is obligated to maintain the uh unit uh uh weather type and it's the owner's responsibility not the condo association yes the own my understanding is the owner's responsibility yes you know where the leak is coming from this one is in the B this one is in the bedroom in the mother's bedroom and the other one on the other one you're going to see that's the outside on the balcony area let let's deal with the 401 um ceiling issue and and not not the not the balcony so so so so you think the you don't know where the water is coming from yes this is coming this is in the bedroom area that leaks in the bedroom um it comes up that W that's in the bedroom in the mother's bedroom it leaks in there they said they tried to do some work to it but that's the most recent picture when that rain fell not too long ago oh so this is this is rain intrusion into into 401 yes through the roof through the roof or the side of the building because I've looked on the side so why why is that the unit owner's responsibility and not the association oh you you you you cited the association yes I S the unit owner and I I SED I sent it to the association as well I S to both of them okay so so uh because the unit owner has no responsibility over the roof so uh but you did site the condo association um so as to that particular I guess it's a roof issue then all right based on the uh testimony of the city's code enforcement officer um which is unrebutted because nobody appeared on behalf of the association uh the photographs and the evidence presented depicting that the violation still exists proper notice has been given I find in FA favor of the city enter an adjudication and set a compliance date of September 4 uh August 19th August 19th um in the event of non-compliance there shall be a daily fine of $350 until the violation is evaded now we go to the balconies and show me what the problem is 21 yes that's that's the case right there starts with um ceiling fan separated but it's more pitches where that one is cracking right there that's a balcony that's the balcony has that big crack here that water talking with the tenant that water comes through the bubble right there and is that due to rain also I would say it's due to weather yes because that's on outside balcony because I tried to see if it was a rebar or something coming through I didn't see any any rebar or anything like that coming through okay is is that also outside for unit 401 yes that's the balcony on unit 401 okay all right based on the unrebutted testimony of the city's Cod compliance officer the photographs and the evidence presented depicting that the cited violation still exists proper notice has been given I find in favor of the city internet adjudication and set a compliance date of August 19th 2024 um in the event of non-compliance there shall be a daily fine of $350 until the violation is evaded right all right next item we're going to call magistrate is item number 31 and number 32 is NN w151 Inc case number cfob b223 0494 4 item number 32 NN w151 Inc case number is CCU 2023 00823 the officer on this case is shanon Sanders has this case been before me before I seem to recognize the the church no well it came before you but I think you tabled it yeah no I I think that that you all uh told me to uh put it off for a while you were talking to the uh Minister yeah it's been tabled I believe a couple times yeah but uh yeah you it was it was withdrawn I recall it was withdrawn either last meeting or a couple of meetings ago but so so it's now before me uh on a business tax receipt violation and the certificate of use is the property still being used as a as a church um it's it still appears to be occupied and being used as a church yes okay and a church is required to maintain business to to pay business tax receipts um um Shannon Sanders neighborhood service inspector yes per the um development services department they do still need to obtain it they get it I think free of charge they say they're exempt um but they need to at least put it on record and apply for it and they give it to them I think um from what it stated you know free of charge okay and the certificate of use uh what's the problem are they having any problems with uh with zoning well I I I've spoke with the um the the the pastor and his daughter through translation um it was the language barrier at one time um so his daughter or granddaughter was kind of translating but they said they submitted you know paperwork they had um was in the process again they've asked for an extension a couple of times for which we've granted however um you know every time I visit the property I ever even went on a Sunday of few weeks ago when I worked one of the Sundays and tried to have a conversation but you know it seems like they're just saying they're applying they're applying we've already submitted the application but nothing has happened okay this is it it it's a building right that which which is being used as a church or is it a building that is serves other purposes as well it's a plaza along 119 Street there are um this this particular bait is being used as a church but there's like three or four for other businesses there a booty booty Salon or hair salons or something like that um there's a um um an insurance place or something that's doing I think taxes when I um last inspected but those two for sure but are we citing a tenant church or are we citing the owner of the building or who are we citing here well we we we cited the actual property owner because you know I think we've had the conversations in the past you know we have to site the property owner but we both of them have been put on notice the business and the property owner okay so as to both uh the business ta receip uh case 31 and 32 the certificate of use the orders are the same based on the unrebutted testimony of the city's C- compliance officer the evidence presented depicting that the cded violations still exists proper notice has been given I find in favor of the city enter an adjudication and set a compliance date of august 19 in the event of non-compliance there shall be a daily fine of $350 until the violation is evaded and this is for both correct magistrate for both yes same order uh for both thank you all right the next item we're going to call is item number 44 all right I hope we're getting close to the end because I'm running out of gas yeah we're almost there yeah I believe it's what one two three left okay number 42 44 44 I believe we've heard already 42 yes sper Marina yes sper Marina LTD case number fyb RR 2022 000012 the officer on this case is Shannon I'm sorry shiny pressy inspector pressie no I'm almost done hello yes yes I'm here go ahead officer go ahead and tell me uh what the issue is here um this one right here they not in compliance um same thing um believe this one right here they have not submitted the report I'm trying to double check this one I'm sorry okay yeah all right so we're talking about 44 right now right yes no I'm sorry they did submit the report this is um they submit this is the marina also right yeah they they have two building a TNT Marine Center yeah so that that should be the probably the second building they have building one and building two that building particular building they did they did submit the report but um they had repairs and modifications that needs to be corrected and they haven't um been in compliance with that yet all right so you're looking for a u anation um yes orless you're going to give them additional time it's up to you um can't remember what you ruled on let um I think what I did before is I found them uh guilty and I get time so let's uh regardless my my ruling here will be that uh the uh violations still exist because they haven't complied with the terms of the recertification report I find in favor of the city enter adjudication and set a compliance date of August 19th in the event of non-compliance there shall be a daily fine of $350 until the violation is OED all right thank you next item we're going to call is Trident manage is item number 47 and item number 48 which Trident management Heritage Condo Association case number cfob 20224 this was previously found guilty by magistrate Smith with an abatement date of April 17 2024 um f was set at 3 3 $350 Plus $0000 cost assessment item number 48 Trident management Heritage Condo Association case number CCU 2022 2 00707 this case was previously found guilty by magistrate Smith with an abatement date of April 17 2024 find set at $350 Plus $0000 cost assessment and the officer on this case both cases are Jonathan lster all right uh officer uh the violation Still Remains yes sir no applications on file um for BTR and Cu uh Heritage condominium uh they' have not applied for all right so my order will be identical uh except that one will deal with the BTR the other one with the certificate of use based on the unrebutted testimony of the city's code compliance officer the evidence presented uh showing that the violation still exists proper notice has been given I find in favor of the city I'm sorry I'm reading from ratification you looking for I need to ratify this is a a court order uh uh my order based on the uh testimony of the code enforcement officer and the evidence presented showing that the property has been out of compliance since April 17 2024 I find in favor of the city and hereby ratify the fines approved to date in the amount of $350 plus $100 cost assessment um the fines shall continue to run on a daily basis until there is compliance same order as to um item number 48 which deals with a certificate of use thank you thank you magistrate this does conclude the agenda for today okay Hallelujah uh I happen happy Fourth of July to everybody happy fourth uh don't rush the uh typing of the orders because I'm going to I'm out of town right now I'm out of town I will not return until the uh 10th of July so um a after that I'll be happy to go by and sign the orders all right director reman wish you wish you a happy fourth as everybody else I I um you know be safe and I'll see you next time okay thank you very much M we appreciate team thank you you guys are the best thank you thank you very much you guys as well e e e e e e e e