Biscayne Park Code Compliance Board Delays Decision on Noise Violation Due to Missing Testimony

In its recent session, the Biscayne Park Code Compliance Board tackled multiple property violations, including noise complaints, historic preservation considerations, and administrative fees, while emphasizing the importance of proper evidence and procedural compliance.

The meeting’s most critical discussion centered on case number C25-0805, involving a noise violation on Northeast 114th Street. The property, owned by 1016 Northeast 114th Street LLC, was the site of a reported loud party on September 20th, leading to a proposed $1,000 penalty. However, the board decided to table the case due to the absence of a police officer to testify about the incident, which was solely documented in a police report. Board members expressed concerns about relying on hearsay evidence, stressing the need for the officer’s testimony to fortify their quasi-judicial decision-making process. The motion to defer the case until the next meeting was passed unanimously.

Another case involved the property on Northeast 121st Street, owned by Jan and Denise Roots. This matter revolved around an intent to lien due to an outstanding invoice of $61,755 from the Miami-Dade County Unsafe Structures Board. The property had been shuttered for approximately three decades, and despite the submission of some permits, none had been approved by the deadline. The board reaffirmed the lien request, adding a $250 administrative fee and applicable filing fees. The discussion broached the property’s potential historic designation. The board noted that any historic designation would not exempt the owner from meeting current code requirements, and the village was preparing a request for demolition proposals, pending further meetings with the Historic Preservation Board.

The board also addressed the case of Neil Tyler, a property owner who had faced personal hardships, including the loss of a family member, which delayed his compliance with code requirements. Despite Tyler’s prompt resolution of issues upon his return, a debate ensued over the proposed $500 administrative fee to cover the village’s incurred costs. Tyler offered $250, citing previous expenditures and ongoing hardships. The board unanimously rejected a $1 fine proposal and ultimately agreed to Tyler’s offer, acknowledging the specifics of his situation while maintaining the necessity for covering administrative expenses.

The board dealt with compliance issues concerning a swimming pool on Northeast 118th Street. The property owner had proposed a $500 fine reduction due to compliance with violations related to life safety concerns, but the board recommended reducing it to $1,500. The property had a history of delayed compliance, which the board considered in their decision to ensure safety protocols were met. The board emphasized the importance of adhering to safety regulations, particularly regarding protective barriers around pools, and set a payment deadline of November 12th to prevent reinstatement of the original fines.

Various other cases included property owners achieving compliance and paying fines, leading to case closures, as well as discussions about intent to lien for unpaid fines on different properties. In one instance, the board rescinded fines for a property sold to a new owner.

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:
Jonathan E. Groth
Code Enforcement Board Officials:
Janey Anderson (Chair), Rodolfo Barrientos, Dale Blanton, Judi Hamelburg, Michael Lynott, Esq., Ashlin Bernier-Green (Alternate)

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