North Miami Special Magistrate Tackles Environmental Violations and Wildlife Concerns

The North Miami Special Magistrate meeting addressed a range of issues, from environmental violations involving canal dumping and tree cutting to the more unusual matter of a neighborhood dispute over ducks. The city took action against alleged improper disposal of pool resurfacing waste into a canal, with Ruth Sandler testifying about the incident. Despite challenges from the property owner’s attorney over the sufficiency of evidence, the magistrate ruled in favor of the city and imposed a $1,500 fine. The meeting also navigated the complexities of holding property owners accountable for the actions of contractors, ultimately ruling in favor of the homeowner in one instance. Additionally, the presence of ducks on a residential property sparked debate, leading to a ruling that found no clear evidence of a violation by the property owner.

The meeting, which was recorded and proceeded with all individuals sworn in, first focused on the complaint of dumping in the canal. Code enforcement officer Miss Sadler and witness Ruth Sandler provided testimony regarding the alleged violation. The property owner’s attorney, Mr. Hernandez, contested the evidence, particularly questioning the authenticity of photographs and requesting a continuance which was denied by the magistrate. The city attorney underscored the environmental implications of illegal dumping into the bay, while the magistrate stressed the need for clear evidence and allowed Mr. Hernandez to cross-examine witnesses.

In another environmental matter, attendees discussed a cement spill from a truck on a bridge. Although witnesses testified that the spill was cleaned up and no traffic citations were issued, the North Miami PD confirmed their involvement in traffic direction during the clean-up. The city’s prompt response to the incident was acknowledged by a witness, who also noted concrete pouring on a nearby property.

A notable subject of the meeting was the liability of homeowners for the actions of contractors, particularly when incidents occur off their property. The city attorney referenced a code provision regarding the homeowner’s liability for permitting a nuisance, based on the hiring of the contractor. A homeowner compared this to an Amazon delivery truck accident, arguing against their liability. The magistrate ruled in favor of the homeowner, finding them not responsible for the contractor’s actions.

The issue of wildlife, specifically ducks, on residential properties was another focal point. The city inspector sought adjudication for a property owner accused of harboring ducks, leading to numerous neighborhood complaints. A witness presented videos of the ducks, but the city inspector admitted to having seen only ducks drinking and bathing on the property. The magistrate expressed skepticism about the relevance of public opinion and affidavits, and ultimately ruled in favor of the property owner, urging peaceful coexistence among residents.

Property violations were also a significant topic, with Penta Investments LLC representative unable to connect due to technical difficulties. Jesus Gayon and Yolanda Gayon were cited for constructing structures without permits, and the property owner involved in another case was cited for not removing unauthorized constructions. The magistrate ruled in favor of the city.

The meeting addressed the case involving a tree violation, where the property owner had allegedly cut a tree without the necessary permits. The magistrate imposed a $100 fine and set a compliance date. The meeting also discussed business tax receipts and certificates of use for properties, with the White House Condo’s general counsel updating on the approval process for a certificate of use and the association’s representative of Windward Condo discussing balcony repairs and compliance with new regulations.

The case of Margaret, requiring a translator, highlighted communication challenges, while Sebastian Roa, representing Humu 2 Investments LLC, was found guilty of violations with fines ratified by the magistrate. The Hidden Waters Condominium Association’s property manager, Yamiled Hernandez, reported on recertification efforts, with a building official noting the rejection of the report due to comments requiring repair.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Alix Desulme
Special Magistrate Officials:

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