enforcement hearing for the city of North Miami today is Wednesday May the 1st 2024 I'm Jose Smith special magistrate for the city of North Miami the magistrate is empowered under the Florida Statutes and the city code to uh hold code violation hearings the purpose of this hearing is to determine if a code violation exists at your property as observed and cited by a code enforcement officer of the city the city is not able to prove its case then it I will dismiss the case and you may leave these proceedings are being recorded so all persons who are speaking um should do so one at a time to ensure that all the testimony is clearly audible recording in progress I apologize I thought I selected it but unfortunately I you just you can just copy my prior okay uh introduction and make it part of the record these proceedings are being recorded so all people all persons who are speaking should do so one at a time to ensure that all 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 translators who will assist 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 allow your name spell it your business or mailing address your relationship to the property and if you are not the property owner or an attorney representing the property owner then you you must present a notorized power of attorneys for an affidavit in order for your testimony to be taken on behalf of the property owner for new cases you will be asked for the record if you're aware and understand the violation that is being heard today and if you understand what is required to resolve the violation please let us know accordingly the city will present its case first and then the property owner will be given an opportunity to testify on his behalf or her behalf to bring forward any witnesses to testify to present evidence and photographs and you also have the right to cross examine the city's Witnesses following the case presentation I will issue findings of fact on the case if I find that a violation of city codes exists or existed on the property then depending upon the case I will set an a batement or a compliance date 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 also include an abatement date by which you must resolve the violation and a daily fine amount that I may impose at a future hearing should the violation not be resolved by the abatement date of the compliant state if I find sufficient cause to postpone enforcement action at this time I will table or continue the case until another date in the future if you do not agree with my findings of fact or my ruling then the property owner May appeal my administrative order on the case to the Circuit Court of Miami day County an appeal must be filed timely within 30 days of the date of the execution of the order to be appealed 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 a Verbatim record or a transcript of the proceeding this record or transcript includes the testimony and evidence upon which the appeal is to be based cost of obtaining the the verbatim record shall be the sole responsibility of the appellant or the property owner and it is recommended that persons who plan to appeal the case should provide their own court reporter at these proceedings pursuant to city codes the city of North Miami prevails in Prosecuting a case before the special magistrate the city shall be entitled to recover all cost incurred in Prosecuting the case the current cost assessment is is uh in the amount of $100 per case once the city reports an order that imposes a fine and authorizes a lean against the property then the city will charge administrative uh fees uh to report and release the lean so uh I'll turn it over now to the clerk for a further proceedings and uh swearing in the witnesses and uh the uh Pledge of Allegiance okay magistrate um at this time we'll go ahead and allow the officer to um administer the oath to the the code officers as well as the translators but we'll start with the code officers first so if you all can enable your cameras please please raise your right [Music] 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 aloud I do I do I do thank you thank you we're going to go ahead with the translators translators if you can please enable your audio and video ready please raise your right hands do you solemnly swear or affirm that the translations which you are about to give in these proceedings will be accurate and correct to the best of your knowledge skill and ability say I do I thank you thank you Miss T offic carer so good morning everyone and thank you for participating in today's special magistrate hearing I will review and process and I will review the the process by which today's hearing will be conducted make sure your device is all muted unless you are giv given a testimony on a case if you are using two device to to participate in today's hearing be sure your audio is only enabled in one device when your case is called if you are signed into the 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 here at the city hall and wish to give a testimony you must sign in with a code Clerk and await your text message indicating your case is ready to be heard upon receiving the text 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 the raiseed hand button to be acknowledged before giving your testimony on a Case please state your name property address relationship to the property if you wish to have an interpreter assist during this case please indicate this when you are when your case is called magistrate that concludes the instructions okay any uh additions deletions amendments to the agenda that you wish to make at this time um we do have some amendments item number 11 is closed 12 is closed wait wait wait wait give me a chance to get there 11 is closed closed they have complied complied okay all right 12 12 is closed they complied good and 17 okay they're closed and complied um at this time I'm going to allow officer Carter to do the Pledge of Allegiance okay go right ahead officer Miss Carter coming I'm sorry I pledge allegiance to the flag the flag the United States of America and to the to the Republic for which it stands one nation under God under God indivis indivisible Liberty and and justice for all for all thank you magistrate um before I start with the first case I would like to give you your abatement dates all right you have May 22nd you have June 20 as well as July 24th excellent all right you're welcome all right uh is the City attorney present or will be present she is present good morning special magistrate yes I'm president okay I just wanted to be sure because we may have some legal issues later on I reviewed the agenda and I may have some questions want to make sure that somebody from your office was here okay we're here we're all excellent good good to see you uh any uh anything else Madame clerk if not let's start all right we're going to start with case number 13 and 14 the case number is Michael Nunes cedic 2023 0014 that's case number 13 the officer on this case is janaro Millo and I'll allow the attendees access all right janaro you're muted okay the officer is here Jano Moro uh is the property owner present we have several who has registered for this case Mr Nunes if you are here please raise your [Music] hand it's Mr Nunes present I believe if his Council uh Mr umber Hernandez is here on his his behalf what is the attorney's name Mr Humberto Hernandez okay Mr homberto you should see your a message allowing you to enable your audio can you hear me there we go yes yes okay I don't know why I'm not showing up in the screen but if you'd like to see me I'm working on that all right please to we'd like to see you uh is your client present he should be uh um but I'm surely here on his behalf all right do you want to wait until he arrives no sir okay uh then are you ready to proceed yes sir all right and uh you you again represent the uh property owner Michael Nunes as uh his attorney yes sir okay is there also a co-owner by the name of Teresita Nunes that is correct that is his wife okay all right uh is the city ready to proceed yes your honor okay morning uh Mr Moro uh this is uh a matter involving uh dumping in the canal uh let's start with 13 lights stumping uh at 1330 Arch cre terrorist um you w to before I begin is Mr code officer you may start your case yes um myori before I I start um is uh could you enable Ruth and um Ruth is enabled she has to select it but there's no Karen here and what about Keystone HOA I think that's the maybe key Point okay yeah all right they received it they need to um go ahead and enable their audio and video all right uh are you gonna call are you g to call witnesses Mr moru yes yes you're okay before you call any Witnesses I'd like you to make an opening statement in other words I want you to tell me what uh what happened yeah so you honor on September 8th of 2023 with the address this this um the address 133000 Arch P teros um they were cited because uh we receive a complaint and a picture for Miss rof sander of a PO resurfacing waste being flushed into the canal um the notice to uh the notice was mail and posted that same day of September 8th of 2023 um the notice to appear was posted on April 4th of 2024 in midle April 16th of 2024 um I would like um Miss Ruth Sandler which is she was present at the moment with this happen to um also testify on behalf on behalf of this case Okay uh the name again please Ru sander you're spell spell the name again for the record roof Ru T last name s a d l e r before I hear um before I hear from the witness inspector um give me a summary of uh what you found if you if you if you visited the scene what did you see did you take any pictures I I wanted I want to know first from you before I hear from the W yes well the the picture was received from M um Ru at the moment she was on the Potter board um um like I stated that this was in that Canal um we received this and we also noticed that at the property at the moment they were doing a a pool work so after we noticed that was doing the uh pool work and we saw the pictures of the uh of the pool um ways um being flush into n we took action and um open this case based on the evidence she presented to the city all right did you witness any pool ways being dumped in the canal not at the moment um with um testimony and um the picture we received and like I said they were um doing um construction work on the back of the property which um we've later noticed that they were um doing the pool without a permit at that time and um that's when we uh the city took action okay uh you keep saying we um I I want you to testify as to what you did and what you saw again your honor I was not there at the moment um with the picture that Miss rof took where she was pooring um that's um when the city then decided to open a case on of on you know with the evidence that she provided to us and this is the rear of the property all right but you did did you personally visit the property no your honor okay so then uh you you're uh you're going to call a witness to testify as to the alleged violation yes you are okay so the witness is Ruth madler Stadler Sadler okay all right uh can we see you um yes I believe I don't have a button on my screen that enables video but I do see where my audio was finally enabled can you hear me can you hear me we can magistrate I'm not sure what's going on um they're they're enable they're allowed to enable their audio but their video for whatever reason is not allowing given that option can can you can you get in through some other device that you might have perhaps your phone um I can try but I oh okay wait it now it's to join let's see uh join as a panelist okay let's see there we I think that's working wait a second there we go okay magistrate before we start um with her testimony we have several people on that's registered for this as well can we enable all their audios and videos so that way we can swear them in anybody can watch the meeting I'm not going to let the entire Keystone Point homeowners association testify uh I'm going to allow uh testimony from uh as as many witnesses as the city would like to put forward in its prosecution of the case but this is not a public hearing this right no I was speaking in reference to the Keystone Point and Miss ruse oh what whoever is going to testify uh on behalf of the city can be sworn in but uh if you if you were not a witness and you have no information to add then uh you can watch but you can't testify okay so in that case then I have Miss Ruth and Keystone Point please um raise your right hand thank you 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 who who is Keystone Point HOA that's me I'm the president of the Home Owners Association I can change the name if you want Karen Del yeah can you tell us who you are Karen delion president of the homeowners association okay all right uh let me hear first from uh Ruth s hi good morning um I routinely paddle board along the Keystone Canal from art Canal which is at the back of the um the address that is currently being uh I believe it's Arch Creek Terrace I go to that end turn right and I head out to the Bay so on this particular day it was about 10:30 in the morning and as I approached because I witnessed something like this previously I noticed sooner that there was this mass in the water it looked like a cloud slightly iridescent and as I paddled closer to it I saw the people working and I said hey you know what are you doing and they walked over and at that point you don't see it in these photos but there was a hose coming over the edge of the canal in one of the photos you'll see where it's wet you'll see the white milky residue below it in the canal um there was a hose there they immediately picked it up and moved it away and just kind of ignored me and again I said what is that and the guy was like I don't know and so as I was paddling around I happened to have a camera with me because I now paddle with a camera um it also tracks where I go and gives me statistics so I attempted to take some photos well I did take some photos um they're within a sealed packet so they might not be perfectly clear in some areas but by the time I took the photo they had already removed the hose that was dispensing the waist and at that point another gentleman walked up and he walked over and he just kind of looked in the water and he looked at me and said sorry Mommy like Spanish I guess um and at that point they really didn't say anything else so I was looking for the address on the outside of the house and I didn't see it at that point but I just took the photos that I had and while I was out there I immediately sent an email to Scott um and there's typos in it because again I'm typing through the plastic which isn't the most efficient so I think I was actually dictating it and um he responded within a few minutes and um that was it when I went home I realized I didn't give the address so I drove around the neighborhood got the address at the front or rather took a photo of the house from the front because the address wasn't visible there and sent the photos that I had I uploaded the photos to them at that point okay um can I see the photos absolutely Miss um Sadler is that the photograph that you took yes it is that one too yes and you'll see where the water was coming over the edge where it's wet on the uh seaw wall there that's where the hose had been but they had pulled it away okay do you have any uh uh any knowledge as to what kind of uh material that is uh shown on the picture um from I mean scientifically factually do I know what it is no is it is it is it uh you know is it pool material is it stacco is it uh dust I mean what I believe I believe it's pool material because I could see that they were resurfacing the pool I go buy that property all the time I it's the only route that I can take to get out of my Canal to go to the bay and they had been working on that property for a while and so it was clear that they were resurfacing the pool and like I said because I had reported a similar incidents once before I was pretty sure it's either the new Surface that they're putting onto the pool or if they sand blast at the old surface whatever it is they're disposing of it with a hose that ran from the pool down to the canal all right uh officer Moro do you have anything else uh you want to ask the witness uh anything that uh has not been already presented no no your honor okay are you ready to call your next witness that's the uh Ken Le yes Karen De Leon um you've been sworn yes [Music] um what what would You' like her to say Mr I can add to it that I was privy to everything being reported when it happened uh that we appreciate that Ruth is T has the courage to speak up um when I when I go around the canal I can assure you this is not the norm you do not see this type of cloud uh unless somebody has been dumping something in the water and we've worked hard to notify people that they they cannot jump um I don't know if they had a permit if they could have if they would have been forewarned um but we we appreciate your support and having residents realize that it's not a Dumping Ground okay uh do you have anything else to add Mr Moro and again we're only dealing with the uh item 13 which is uh the uh full resurfacing ways being flushed into the canal I don't have nothing else to add your honor M Madam City attorney if you're there yes special magistrate I'm here okay um what is the uh law under which this property owner is being cited they are being cited as to violating one second officer Millo my my agenda isn't loading do you have this is 12 12-8 d8 say that again 12 das8 which is trash debris and garbage disposure in canals prohibited 12-8 what try breach and and garbage disposal in canals prohibited okay all right uh Mr Hernandez are you uh ready to proceed yes uh your honor several questions I had this is the third time we come around the first time um the city had to continue because they didn't have a witness uh I have several objections and I need you to make note of this on two separate occasions I have requested by public record on 1212 of 23 and a 116 of 24 both confirmed by uh 8 uh number 8445 was the confirmation number number 8568 I have yet to receive a copy of the file that's number one number two we obviously have authentication issues with his picture you've heard from the city inspector that he was not there they've never been back there uh they've never taken pictures they've never made a study of where that cloud came came from um there was no resurfacing being done and the issue I have uh I have uh my client has just emailed me that he's out of town but we have tried to obtain a copy of this file so we can better defend this case uh I appreciate Miss Sadler uh coming today as well as Miss deeon I can assure you that there was no trash or garbage being dumped from my client's property to the canal uh there's no testimony of trash or Garbage under this statute that they're they're citing um I'm sure Mr Delon does not know or uh Miss Saddler who's testified who my client is or what he looks like unless they have personally been to the house and met them my client has told me otherwise um obviously the picture that's there we don't know it's not the owner that's for sure and a hose may be dumping water out of a hose there's nothing wrong with that uh but we're not even admitting to that so uh you know I have questions as to proceeding with this not only under the code section but also that they have not provided me the file on two separate occasions that I've requested it all right um first of all the uh file is a public record it can be asked for from the clerk's office as a public records request the file is also posted on the city's agenda at least at least five days before the hearing I was able to get the agenda and I was able to get all the photographs question uh please uh you know mute yourself while I'm talking uh and uh so on the issue of whether you had notice or you didn't I mean the agenda is noticed uh as far as the authentication issue the uh testimony that I heard was that it was taken by uh Miss Sadler and uh she saw a hose and she saw uh pool material being dumped into the canal uh so I don't uh I don't know what uh authentication issue you're are you denying that that's a photograph of your client's property that is my client's property we don't know uh anything other than when it was taken where that material that shows up which does not exist now or I don't know when it was taken and where it came from the gentleman that's standing there we don't know who it is it's not the owner of the property that's for for sure uh and and go ahead yeah the the code the code doesn't require that the owner himself be or herself be the one doing the violation anyone uh that is at the home at the real estate uh that uh that creates a violation imposes the responsibility on the owner and so I mean it's if if your client is not able to testify and refute these um these allegations then how am I supposed to accept your statement that it wasn't him I I'm I'm listening and I'm hearing and I agree with you uh the thing was that this topic came up in the under another magistrate several months ago and as to the public records request I went through the process that was given to me by the city to do and yet I have not received anything I'm not talking about notice I'm talking about looking at the file magistrate if I can intervene please this is the the clerk yeah the the clerk uh and please explain what the U when when you post on the city's website and you uh uh you site all of the cases that are going to be heard are there records that are uh that that you have links to where people can go and take a look at the pictures well we if they request the records um that's something they do through our uh on our website they can put enter the public records request those records are completed as they come in Daily or by the end of that week so all records that has been requested have been completed if they have any questions and they did not receive what they were looking for they would have needed to contact the city clerk's office you know to get more information on on the specifics that they needed but all public requests records requests were completed you you provided do you have a uh you have a uh a record of uh your response to the public records request um I would not he would need to contact the city clerk's office because they're the ones who finalize everything and would be the one to submit those items to him all right so this this application this uh violation uh according to the file was issued on September 8th 2023 um did it go before a different special magistrate thereafter yes with magistrate kaso yeah and what did she do she just tabled it because she asked um for our witness to be present at the hearing so that's why we um contact with r okay was there was there any discussion of public records at that at that hearing um I don't recall your honor no there wasn't okay your honor if I may yes there was and they challenged me on that they had not received the request and I'm showing you the dates and the numbers that they gave me the confirmation numbers on both requests I have a picture of my screen giving me the confirmations and they said they never received it and we resubmitted it again and they still respond yes yeah Mr Hernandez uh briefly please uh your honor at this time I just conferred with the clerk we have submitted and completed all of our foiler requests so at this time we're advising uh Council to check with the city clerk's office to see what the status is on them releasing the public records request but as it released to our department we have satisfied the requirements as we are not the liaison for the public records request we simply provide the information and documentation to the city clerk's office who then proceeds to uh go ahead and redact any information if need be and do their part of their uh due diligence to meet statutory requirements under chapter 119 of Florida Statutes yeah Mr Perez uh the the public records request was it of your file of the the codes file or did it encompass building and zoning and this and other departments no sir it just focused on this file on this particular file and this particular case what I would like if possible your honor with all due respect to you and the witnesses because this was done last time and I'm asking then now on my turn uh I I would like to continue this so I can see the file and I can have the client present to refute some of the things that are being said here today before he had he had the opportunity to be here today and he is not here that's correct yeah uh so I'm going to draw an inference that your client not being here uh that that that inference uh is against your client's position number one number two uh you have subpoena powers under chapter 166 which you could have exercised to require the city do whatever information you wish to be necessary uh I heard from the witness that she took the photograph and she saw a hose discharging uh this material into the bay and uh I have uh asked the City attorney to site me the statute it was actually cited by the inspector uh so I uh I'm going to hear this case so uh if you have a defense that you wish to uh present to me uh with Witnesses or documents uh that rebut the testimony of Miss s Saddler and um uh who was the other witness U who Karen Deon if you if you have testimony to to rebut what they testified to and the photograph that was presented by Miss Sadler that I want to hear from you um if you don't have any testimony then again that's going to be an inference against you and the fact that you didn't you know subpoena the records uh and your client is not here to rebut the uh testimony uh I I I find that I I would deny any uh objections that you make on that on that regard so if you have any witnesses that your client didn't do it put him on well I understand that so I'm asking that's why I'm asking because it happened on the first hearing and the city was granted uh tabling this matter so I'm asking them that now for us to be given the courtesy to table the matter so I can get the documents and I can have the witness uh that I need in order for you to hear from our witness it happened the first time around and the city was given the courtesy so I'm asking for the same courtesy now what courtesy was given the city the first time they were not prepared they did not have their Witnesses and it it it was tabled so miss Saddler could be here present today and by the way last this was scheduled for last uh two months ago and it was continued Again by the city because according to the city there was a backlog so I'm just asking for professional courtesy so we can be ready to refute what Miss Saddler has testified Miss Deon really didn't say much uh so really it's Miss Saddler who took the picture and is attesting to this hose what Witnesses do you need sir well without a doubt I would uh have the owner and the wife the both the husband and wife as well as um the file that I I will have to go through a different process that I was told to do so I will go through the clerk's office and get a copy of the file so I can have the entire file with me you're on FR M the previous hearing that uh Council isn't in referencing to wasn't necessarily postponed by the city because the city wasn't prepared the city had the same information but Council wanted to specifically cross-examine Miss Sadler so we out of courtesy postponed it or requested the magistrate to postpone so that Council had the opportunity to cross-examine miss Sadler at this time it seems that the property owner who is advising that they are out of town who is still able to attend the hearing because it's remote is not even being present at this time it seems that they are not taking this very seriously and as you know the matters that of of the bay are very important especially in today's time where there's such detrimental impact to the Bay itself especially with these uh illegal dumpings unfortunately okay as I said I'm not going to uh Grant any uh objections uh as to uh the public records issue I think you've had plenty of time and if the city didn't comply with the records public records request you could have pursued a uh an action in Circuit Court which would have awarded you attorney's fees or you could have subpoenaed the records you could have had the owner present or you have an opportunity now to cross-examine Witnesses i' I've given you every leeway that I can it's been continued once it was uh not reached at another uh hearing so uh I I am going to go forward and if you don't have a witness and if you don't want to cross-examine that's it but otherwise uh uh I think that the city has made a prim of fascia case it is up now for you to uh to challenge the city's case and convince me that uh there was no violation uh of the law and so I'm I'm going to give you every opportunity now to cross-examine if you wish any any any any witness or any city code officer uh you're free you're you're free to go atam yeah my questions are uh I'd like to uh just ask Miss Sadler some questions and the inspector just to reconfirm what you've kind of heard Miss Sadler uh do you live in the neighborhood what's your address yes I do um 2425 biscan Bay Drive North Miami um Miss ladler have you ever met uh the owner of this property no okay do you know what the owner looks like I do not I've seen some women in that corner I've seen different people on the property at different times but I wouldn't go so far as to say I know them or I could recall them when you took the picture obviously in the picture there's a gentleman standing there but you wouldn't know if that person is the owner or not correct true but it was pretty obvious that he was the pool worker and there were two gentlemen at at the time there were two two men working there um did you if not more there's a lot of trees so you can't really see from the angle that I'm on because I'm on the water but there were there were more people there so you didn't see this gentleman that appears on the picture dumping anything to the canal did you uh no it was a different person that picked up the hose that was coming over the edge of the seaw wall as I said my phone is in a pouch so it took me a little while to get my phone out and be in position to actually take the photos at that point they had removed the hose that was over the seaw wall the person materal was coming out of and into the water so you didn't see the person uh the person that appears in the picture wasn't doing anything but standing there you're saying correct okay and the other the other person did come over and remove the hose I did see a person pick up the hose and remove it that other person doesn't appear in the picture correct not in that photo no okay again you didn't see anyone dumping anything into the canal you just saw the picture you took that shows a cloudy water but you're assuming you're speculating that it was not only coming from the property but that one of these gentlemen one that doesn't appear had something to do with that correct I wouldn't call it speculating um I saw a hose that was clearly coming from the pool coming over the seaw wall and there was Liquid material coming out of it into the canal I saw that I didn't get my phone out in time to photograph that portion of it man but with all due respect you just said you can't see over the wall because of the trees that are seen in the picture and now you're saying the hose clearly came from inside the yard you you couldn't see that sir what I sir what I said was there are trees so you can't see the entirety of the yard but you can see through that area where the gentleman is standing and the pool is directly behind there okay you can see that person is not that person that person that you're talking about from when I look at the picture you sent and you submitted there's only one person and all the other people you're talking about were there could probably be seen but there's nobody behind that gentleman so we can you cannot attest there was more people because it's not in your picture I can attest that there were two people there was the gentleman who when I first asked what was going on just looked at me and said I don't know there was the person who removed the hose who then came over and looked at me looked and just said sorry Mommy so they were apologizing for what they were doing because I called them out on it that I can do do you know what was coming out of the hose some type of material from the pool I'm not I don't do pools so I can't technically say what the substance was but it was definitely a material coming from the pool area and you did not take a picture or a video of the hose with that material coming out out of the hose as I said my phone was in a waterproof pouch so by the time I got my pouch I was already talking to the gentleman because I was kind of upset I was hey what are you guys putting into the canal they immediately removed the hose at the same time I'm trying to get my phone out in order to take the photos but at that point they had removed the hose but as you can see there's marks on the sea wall where the hose was coming over where it's wet yeah we don't know what that Mark is uh so I I you're speculating what that Mark is uh and I'm not speculating I saw the hose at that point the hose is not I'm not argumentative with you I'm not you're there is no hose and there is no picture of a hose you're saying that you don't we don't have proof of that uh that's all the questions I have your honor I want to ask some questions just to the inspector some brief questions go ahead uh inspector Mar you never uh you testified uh you did not see any dumping did you no you never went to the property to the back side of the property to see what was going on in the back side of the property you mean with the dumping did you ever physically go to the backside of the property and see any illegal dumping no I don't have any further questions your H your honor yes sir I just wanted I just wanted to add that that work that they were doing it was without a permit which they I'm not going to I'm not going to hear that because that's not cited here that that is not that is not a uh one of the charges uh filed against the owner um I will rule that based on the testimony the photographs and ordinary good common sense that uh this material whatever it might be is is not material that you see um behind a homeowner on the bay uh uh homeowner's property on the bay and I happen to live on the bay so I can tell what the water color and the water substance looks like and the fact that uh the owner was not identified under the code uh the owner is uh is vik cariously liable for any actions done by any contractor uh the statement uh mommy I'm sorry that was said to the witness uh I deem that to be an uh a an admission against the party uh and the fact that the defendant is not here or the property owner is not here uh and could have participated uh I I draw an inference uh against against the property owner for not being here uh I'm going to find I'm going to find in favor of the city on uh case uh on on on case 13 uh 2023 000014 and uh based on the fact that this uh uh violation is irreversible and irreparable and it involves uh one of the most sensitive uh environmental um uh features of living in South Florida I am going to find the property owner liable on this violation and assess a fine of $1,500 thank you so much your honor thank you for your and I am uh now I will hear uh number 14 for 14 to the same property R just 1330 Terra um they was cited because there was a large cement spale on September 22nd of 2023 on the 12500 block of North raal dry from a cement misser from the construction site at that address um they were uh posted on the notti here I mean the notice of violation was posted in a mail that same day on September 22nd 2023 um a notice to uh PE for today's hearing was um posted on April 4th 2024 and mail of April 16 of 2024 um this case was um um open based of several complaints who pointed out that that cement uh mixure truck was from uh that property of 133 z a teras and also um officer um Gary um he's present who was going to testify on behalf of the uh dis case as well since it was the first officer on scene and who also provided picture of the jerk all right can I can I view the pictures all right uh why don't you describe what we're seeing in the photographs um this is the uh bridge on the 12500 block of no Bal drive if you see this is the spill of the truck that was um going to I guess deliver cement to the property what they were doing the uh pool on the rear and this was the uh this is the uh the bridge I guess um it might be that it was this is this is all the trucks that were out the uh property on 136 on 133 rcet Terra how do you know that it came from the property um all the complaints that re receive of the uh um residents of Keystone they all pointed at that property um who took the pictures well that picture that was um I did I took that picture um that day at the morning um there's also a couple picture from Officer Gary this are pictures are from Officer Gary that was uh you see 8:59 a.m. this was after um they were coming to do a cleanup from that company who whose truck is that this is the truck that was doing the delivery uh for the uh cement you know why they had that that act was there an accident or how did that happen uh maybe they were they were going through the uh bridge I guess they over overloaded and that maybe caused the uh The Spill all right uh so you don't know no I don't okay is there are there Witnesses for the city any witness that uh is yes we have uh miss Karen Deon who is the h president and we also have U Mr Gary bwick who was the first responding uh inspector for the city of North Miami as well who is also ready to test let's hear from uh Mr Leon first good morning have sworn in already um so I received multiple phone calls and pictures and text messages from residents that morning immediately upon it happening um and we got on the call with uh councilman gallin with uh Mr rone um I think those were the two people that we contacted immediately and the city responded within minutes they were very impressive so they were on the scene while the cement was still wet what kind of work was being done at the house at the time I'm not I don't live on that street so I couldn't tell you I we just know a cat truck was going to that house Madam City there was poing concrete there was poring Concrete in the back they were pouring concrete uh and and who are you officer bwick have you been sworn yes okay what was going on at uh 13300 Arch Creek teras at the at the time that this cement truck um can I the uh the the uh the concrete um can I have the clerk um share my screen sure I show you the pictures what I observe and we in relationship to the property is dis spill on he showing you pictures of the bridge that's where the The Dumping seemed to begin when yeah hang on hang on Miss Le I want to hear I want to hear from the officer first and then I'll get back to you sure no problem yeah I'm I'm trying to go to my to get my pictures that I have was that this one Mr bwick because the picture of the No No the picture of the property property my question was what kind of work was being done at the concrete por Concrete in the back and I'm try a girlly could you let me put my pictures I have have it on my desktop I'm trying to share it sure go ahead how do I do that where are you Gary one moment one second one second Gary check and see if you can share your screen okay do I click share yes share screen open allow and open it do you have two screens Gary there we go okay we can see it you can see it all right yes M uh Mr tell tell me what tell me what those pictures uh okay these pictures show basically of concrete slabs been pour in the RAR of the property and this is one of the trucks right here and this is the pump that are us in the pump it in the backyard so this is the work that was taking place I'm sorry that that yellow it looks like some kind of a back ho is that what that is no that's a pump that's a pump to get it run back okay that's a pump is that the same pump that we saw on the on the bridge no you didn't see a pump on the bridge no you saw you it's uh a bob uh bobat on the bridge okay so uh is it your testimony that the picture on top shows the area that was being poured all right that is correct so basically when I went there basically observe the work that's going on and I asked for a permit initially the property owner told me that they have they do have a permit and I at the time I didn't check it was afterwards I realized that they in fact did not have a permit at that at that point so okay I'm not I'm not going to allow any testimony about the uh uh the lack of a permit because an issue for us today okay now is that cement truck uh that we see on the bottom left picture no you got to go back back to where you were okay that's yeah that cement truck on the is that the same cement truck that we saw on the bridge see now it's um it's it's two different truck you see one because um basically it's it's a big project so it's two different truck if you if you look it's two separate truck so the one the one that you saw initially I think it was the red one and this is another one so basically one of them leav and come back and then a different one short okay so paint me a picture if you can literally or figuratively as to what was going on at the time of this incident what was happening at at at the property and what happened outside the property near the bridge whenever this in happen Okay on the property what was going on is they was pouring there was there was pouring concrete slab like for pool a pool deck and what was going on on the bridge the concrete trucks that delivering to that property obviously they did not anticipate the height of the bridge that it was going over so there was too much concrete in that truck so this so it's spill where had the truck going up up the hill over the bridge so that's why you have a spill from the concrete from the truck it was okay so the so the concrete po around the pool area never happened yes it did happen when the same day basically the same day there was po of concrete the trucks the trucks came those two trucks that you saw in the picture they came and they delivered what I'm saying to you before arriving to the property The Spill occurred The Spill occurred on the way to the property but but despite the spill they still had enough concrete uh or cement uh I always get the terms mixed up I know there's a difference concrete the the the PO eventually happened that day around the pool area that's correct okay so it was on the way there that the truck uh uh caused the incident in question that is correct and they basically admin it and they promised to clean it up which they did went and clean it up to the best of their ability okay okay so here there is no issue as to anything being dumped into the bay is that correct that's correct all right so did they eventually clean it up correct and I observed them with with the help of not Police Department directing traffic so we can stop traffic so they can the back cat and can do what they have to do and the gentleman with the boom sweeping to clean it up okay so like they cleaned it up clean up most of it some of some of it unfortunately would a little bit dry but they clean up to the best of their ability all you said you said the north Miami PD responded where they issued any citations no there was there courtesy for traffic I'm sorry for them there was there for traffic direction for them to allow them to okay but there were there were no there were no traffic citations issue not to my knowledge no okay uh why don't we get back at you can remove the photos um and I want to ask the City attorney a question uh why why is a homeowner liable for the wrongful acts of a contractor committed uh while uh delivering concrete to a house but before they get to the house what what what is the basis for holding the owner responsible for the the cont contractors wrongdoing outside the the house in question vicarious liability and special magistrate they hired the contractor to do a work any instan any incidents or injuries that occur is all is on the property owner well that's for tort liability I'm I'm I'm more interested in what our uh code uh Provisions are with respect to the owner's liability for uh damages that take place offsite caused by somebody other than the owner how would the owner have control over the driving of the cement truck or how much C uh concrete is poured into it or whether they anticipated the the bridge or not I mean what I don't understand the the premise upon which the owner is being held liable in this case can you explain that to me so the owner is being cited uh TW sections 12-2 nuisance prohibited no person owning leasing renting or occupying land in the city shall permit or maintain any nuisance as defined by this chapter which tends to ignore the community or injure the health of the citizens so the the owner is being cited for allowing because it says shall permit or maintain any nuisance so they permitted because they hired the contractor to do the work the in essence they permitted that contractor to cause nuisance into the community which is the concrete being ped on the uh on the bridge and on the roadway all right so if this same if if this same contractor while driving the uh the truck uh runs a red light uh the owner gets cited running a red light wouldn't fall under permitting a nuisance to be committed within their Community within this bad Community h b basically all right uh yeah go ahead if there wouldn't be work being done on the property the truck wouldn't be there and this would have happened so yeah my my my uh and and and I understand Tor liability very well because that's what I did for 50 years okay uh I I just don't you know I I don't grasp the idea of holding an owner responsible for something a contractor does off premises that that's that's that's my legal issue and that's why I asked earlier what you know if the City attorney here I can I can understand I can understand uh if if um if it happens uh at or near the property and we we've had cases where dogs run loose and then they bite someone we hold the whole the owner responsible because the dog lives at the owner's house I understand that that concept uh but I don't understand where an independent contractor um and there is no vicarious liability in terms of holding the owner responsible for the wrongful acts of an independent contractor I I don't I I can't grasp my my my arms around that though I I understand Madame City attorney that under the code your legal interpretation um are uh if not binding very persuasive so I I I want one more opportunity to to to to explain for the record in case this is appealed that actions taken by an independent contractor of an owner outside of the premises where the where the owner of the property has no control whatsoever as to what happens outside their premises how you hold an owner responsible for such actions outside the premises and and you read to me a section you might want to read it again you might want to find another section but I I need you to to to to to explain that legal concept to me because I don't understand it okay so we won't fight to another section because they were VI they were cited for violating this particular section no person owning leasing renting or occupying land in the city shall permit or maintain any nuisance as defined by this chapter which tends to annoy the community or injure the health of its citizens so what what happened here is that the owner hired a company to do work on the way to do the work concrete was poured eventually it was cleaned up to the best of their ability however on the way to do the work of the prop of the property owner that hired them this occurred which leaves the the property owner flatly in the in this uh section violation in terms of creating a nuisance or permitting a nuisance to have occurred all right so um if um if I order something from Amazon and the Amazon truck uh delivering my merchandise it gets into an accident and Spills all the merchandise into the road then I because I I bought it from Amazon I'm going to be responsible for the for the wrongdoing of the Amazon truck driver well no because Amazon is doing a delivery of an item they're not coming to do work for you they're not coming to maintain anything for you or produce anything for you they're delivering an item that you ordered okay I'm going to uh I understand and uh I I'm aware that the code uh gives great latitude to the City attorney to opine on issues of law ultimately I decide uh is that all that the city is that all that the city is prepared to present at this time by the way you could you could you could not have cited the uh cement truck driver under any any other provision of the the either the Florida Statutes or the date county code or durm or I I don't understand why the truck driver wasn't cited for something your honor at this time the city did not site the contract because they do not reside nor or operate within the city north Miami they simply were contracted to do the work in Miami that's why the contractor was not cited um and we take judicial notice of um what you're advising and if your honor decides that uh the city does not have adequate standing for this case the city is okay also with your ruling we to do take judicial notice of of your interpretation as well okay um let me hear from the uh property owner's attorney Mr ambero is he still here somebody should should still be here it appears that he has left the meeting he's here no he's here I have not left the meeting okay all right okay M Hernandez um I mean I I saw the pictures you saw the pictures we know we all know what happened you agree that they they negligently overloaded the cement truck in a manner that made it difficult if not impossible to go over that bridge and because of that uh the because of that uh there was cement concrete uh uh for over the bridge and surrounding area uh and that this happened outside of your clients residents I mean do you disagree with any of that I agree 100% with your argument or your concerns because they're my concerns first of all yes yeah the answer is obviously it had to have been overloaded uh they did not take into account the pitch of the bridge I know that uh there's a lot of construction in the area uh I also know that the the picture of the cement trunk uh which is red is not the same truck that's in my client's uh driveway which is white now uh so two different trucks we don't know if that truck ended up in my client's house it the bridge is about a quarter to half a mile from my client's uh property and I have to agree with you how do you hold the property owner liable for an independent contractor for a gentleman that is doing a job uh and he is negligent they should have cited one way or another whether with is the police or the city should have cited uh the cement truck uh driver uh saying so I want to tell you this which is very clear it's important because they've mentioned that my client was notified hours later and he went and cleaned to the best of his and we've submitted pictures to the best of his abilities cleaned what he didn't even know was his responsibility or his contractors doing but again my biggest problem here we have two trucks and the truck that's taken in in the driveway is not the same truck that's on the bridge but let's forget about it it happened he went took responsibility clean the cement but the bigger picture of your honor is that I don't think the city has jurisdiction to site the property owner based on the code section they're citing and holding the property owner responsible for somebody that's half a mile away uh and is not responsible for his negligence that's and my argument is your argument to the city I'd ask yeah I I you know I've done third law all my career and I I just cannot understand despite what the cityor att's position on the code is I can't understand how an owner who has no way of controlling or deciding or despite the the owner contractor or owner vendor agreement uh what goes on outside his property H how an owner can be held respons the consequences of such a holding would be enormous because if this if this contract had picked up the cement in uh let's say medley which is an industrial area and on the way from medle uh he dumped the concrete in hiia while Del trying to deliver the concrete to this property owner I don't see how you can hold the owner responsible whether it's in medley or H Alia or north Miami it's just you know uh in this particular case I I I just don't don't see it now if if you have if you have a uh a vicious dog in your home that escapes and bites someone a block away then yes I I I hold the owner responsible and I have so held the owner responsible um but in in in this particular circumstances and I don't care whether there's one truck or two trucks I will for purposes of this conversation I am going to assume that this particular truck was going to do a Pour at this home and um and because it happened under these circumstances I am going to uh rule in favor of the homeowner uh defendant and uh and and and deny the city's uh violation on these particular facts if the facts were different if this had happened in in in you know right right next to the to the home it would be a little easier to find liability but it happened you say some half a mile away or on a on a on a bridge I I think I think he should have been cited by the police and I think that perhaps uh under other sections of the Florida Statutes he may have had some liability maybe even under the county code he may have had some liability but but not not I'm not going to hold the owner responsible for that so that's my rote thank you so much your honor okay thank you all right next case all right magistrate um we're g to move to item number 19 and 20 item number 19 is Penta Investments LLC case number mhv IO 2023 881 item number 20 is Penta Investment LLC case number mhv 2023 00882 the officer on this case is Jonathan Lester anybody uh here on behalf of the owner yes we have a ray bore who I'll allow in a minute Ray if you see the invitation please enable your AUD a and video okay I think can you hear me we can hear you but can you enable your audio for us I mean your video you've been promoted to panelists you should be able to turn on your video start video are you able to turn on your video I'm trying I'm trying start video yes uh it's got various options choose virtual background yeah we don't need a virtual background we just need to be able to see you I'm I'm I'm clicking on top of the camera it's not doing anything video settings no just on the bottom of your device it'll either be next to the microphone yeah it will be a an image of a video camera you just yes click right on that no you on a telephone or desktop I'm on a laptop you're on a laptop but it when I click on top of a what it says where the camera is it says stays with a red line over right that's because it's off now you need to click it so it can turn on I did okay and the red line is still there yes ma'am I think we may see you very soon okay it says cannot start video I'm getting this messages please select another video camera and settings it appears that your camera may not be optimized uh can you maybe try getting on through your smartphone radi filter choose Avatar video settings they on your video setting what do you see when you click on that when in the little arrow where the sister start video says select select the camera and an integrated webcam is is uh marked off all right guys while you try to work that out we can either take a two-minute break or we can continue and uh but I'm going to uh leave you to figure it out okay um if we can't do it then we're gonna have to we're gonna have to go to another case because I don't want to keep wasting time on this let me see let me see if I can get some help here all I'll well we can't I'll give you two I'll give you two minutes okay I'm GNA step out get a glass of water and you guys can continue trying to fix all right Mr B I'm trying I have somebody here to help me that's tou of my appearance if you can log in on on your phone if the computer's not working you can do that as well let me try the phone [Music] milk okay special Magistrate huhy yeah come on said no I got some yeah I get up when I no I'm good I'm good yeah thank you Jo okay I'm trying to get on the phone sure thank you thank you for your patience okay have we been able to resolve the issue he's trying to log in through his phone so magistrate if you want to while he's trying to do that if you want to move on to the next case I can or give him let's go to the next case because I don't want to waste any more time on this one okay Mr borwin we'll give you a call on the next case Okay so go ahead and mute your device please we'll come back to you on the next one thank you the next case we're going to call is item number nine give me a second that's Jesus gayon and Yolanda gayon case number mhv io2 900420 the officer on this case is um shaie pressy allow me to allow them access in one second Miss gon um see ask morning good morning Miss gon can you enable your your video are you unable to enable your video as well I'm here not you sh shie Miss Yolanda hello yes Yolanda we need to see your your face can you turn on the video please let me see let me see video I'm trying to start video yes that's what you there we go Manda if you can please raise your right hand is that Miss okay thank you um do you s do first of all do you need a translator see yes yes translator or read the swearing 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 wait wait for the translator to tell you I do okay Mr interpreter before we begin if we're going to do this in Spanish M please please instruct them to wait until your interpretation your your translation is complete before they answer okay we're clear that they understand okay um [Music] [Music] right all right um first of all uh what is your full names what are your full names and how are you involved with this property okay are you uh aware of why you were cited in this case yeah the city the uh city of North Miami is citing you because you constructed a storage shed and a small building at the rear uh of the carport and you did that without a permit do you understand that first of all would it not even request a constructed building not even a storage yet first of all when did you purchase this property no that no no all right we did purchase this property in 2011 okay and my next question is you have not done any construction work on this property since you purchased it in 2011 spe translate that sir yes sir no what we meant to say is that we did not contract no one to make this work we closed to walls but we did not contract anybody we did by ourselves and we did put as more a small story on our backyard but that was for by ourselves okay maybe we misunderstood each o each other my original question is whether or not you understood that you were being cited for doing work without permits I didn't ask you if you used a contractor or not I asked you if you as the property owner did this work without a permit yes yes or no [Music] no yes okay do you now understand that that work that you did yourselves required a building permit from the city of North Miami um all right wait wait wait wait let let's translate what she said first okay so I think there might be some kind of small confusion because what we were told and because apparently this situation has already been resolved and the same situation has been deal with it several times already as far as we know that small building was a very removed but we're still having the same problem all right I didn't mean to stop the husband but what what does the husband want to say on that all right what we meant to say as well is that we just close some walls from the roof for the water and yes we did this with our permission but we already removed that it was removed and we do have the proof of that we do have pictures you you said that the uh the work that you did has been removed okay all right uh translate I I understand what she said okay no no you you have to translate for the record oh okay I'm sorry exactly we do have the pictures not just us we did we send that also the city has the pictures that we remov the walls and including the small star what was mentioned before was also removed okay now I want to hear from the city inspector the uh testimony of the property owners uh has been that uh they've been aware of this issue for a while they went ahead and and and removed the illegal construction and they came into compliance and therefore they don't need permits because there there's nothing there they removed it that's that's what they say now you've got a picture uh taken yesterday showing something different then I want to hear from you hi my name is shie president I'm filling in for inspector Gary Basit this case was presented back in 2019 um from your last order you wanted me to go out to the property because you didn't understand the picture so I went back out to the property back in February and um I took also took some pictures of it they are not in compliance as of to dat um if you see they have the overand uh overhead connected to the property as you're you're showing me a I'm sorry you're showing me a picture of September of 2019 why did you show me a recent picture someone else go to the last pictures re no go down some more go down some more here up these are the ones so these all right February 28th 2024 yeah yes so they finally took if you see this portion of the roof is connected to the property that was done without a permit so all that needs to be removed or they need to get a permit to um do the inclosed carport or Terrace if they want to call that they remove the walls and they remove the door but the cport attachment is still there behind that leave leave that picture on there is that what's still there uh inspector uh the picture that you have on the screen right now is that still there yeah so if you see right there if you see the connections the little poles and the top of the roof is still there they removed the the last thing they removed was the the wall so the wall is removed so what what needs what needs permits now or what needs to be removed to come into compliance the overhang of the roof the connection to the CPO either where they where where the where the fan is yes so either they going to legalize it or they need to remove it and also they still have another shed back there in the back if you can see in a picture that's still there okay uh I want to ask the property owner um do they recognize the picture that is on the screen yeah but without the walls well there is something there right with a fan on top and a and and a roof and there there's there things uh Furniture underneath do you see that um building uh Mr interpreter she hasn't answered my question what is shown on that picture [Music] okay explain translate that translate that please so you want me to translate the the arrest as a BOS habit or just what you just what she just said she just described she just described the what what's depicted on the picture and she said roof and she said it's her terrrace okay so um the origin of this situation and this is what the word telling me at the beginning it was a small building there was never a small building there was only two walls both were removed and regarding the roof of the terrorist I was never told nothing about that and the the walls over there the were remov already I do have the picture and the pictures was sent to the Miami city you should have guys put the picture I just showed okay let's stop right here let's stop right here inspector uh pressing is this the um component or is this the area that requires a permit yes sir so again the the the small building that is in hand what she's talking about what she's referring about is the the shed it's the CVS shed is behind the terrorist the small terrorist if you see the door open the picture you have it's a white door if you uh you have do you have a better picture of the shat yes it's picture um to go down you're not ding because I'm not they got a shed right there you can see the shed right there it's a the brown the brown structure yes that's the small that's the that's the extra it was actually two Shad Vector they removed one shade but they that right there is still there that was done also without a permit so that's a small structure they talking about I understand uh uh Mr interpreter ask them if they recognize the picture on the screen hold on just a moment we're having a small problem with the audio looks like it's getting kind of shoppy we trying to fix that okay the same question what what is that on the picture oh we do recognize it but that picture is not updated how [Music] so okay we don't recognize it still there yeah still there you have a permit you have a building permit for that structure and and um m [Music] for for stop I heard enough I heard enough Mr interpreter I don't know that you can translate everything that she said I can don't worry was although she's speaking fast I got it okay I I uh I hope that you capture it all I I understood every word she said but you're The Interpreter you go ahead and and interpret for the record okay okay um so there were two um store sets but we only left one with we working with my with the nor Miami city I do have everything so we they said that we we had to remove one and we did remove we did set the picture and everything when we were working at that point with no longer working Bessa Willis and the other later Crystal we did remove it on time and that said that was not the other was not the one it was supposed to be another one that apparently we did build with our permission we don't even know that when we purchased this property it already had that storage so we did mention this to nor Miami and that said that we need permissions to contact and we also had to get a contractor for building something that was already built we did so for somebody forly stole our money when we did that so we kept up with working on that and we also had to update a so which I already did we did all the so it's just I have not received the email with that okay all right I I am going to um rule as follows based on the testimony of the city's code compliance officer the photographs put in evidence and the testimony presented depicting that the cited violations still exist proper notice has been given I have listened to the property owners husband and wife testify I find in favor of the city enter an adjudication and set a compliance date of July 24th 2024 in the event of non-compliance there shall be a daily fine of $250 until the violation is appid Mr interpretor will you please translate that if you want me to take it one step at a time I can but basically what I've said is that I am I am finding in favor of the city uh and I am uh letting them uh I'm giving them time uh until July 24 2024 within which to obtain permits for the structures uh that were built without a permit uh basically an after the fact permit and I'm if they don't comply by July 24th they're going to be assessed a penalty of $250 not a penalty but a fine of $250 per day until they correct the violation and no all right next case Okay magistrate we want to attempt item number 19 and 20 Penta Investments LLC Mr Ray poor all right awesome we have him on video all right Mr Bor now you we cannot hear you there you go hello can you hear us all right now we can hear you all right so let me read the cases Mr Bor give me a second item number 19 and 20 Penta Investment LLC um case number mhv 2023 881 item number 20 penda Investments LLC hello mhv 2023 00882 the officer on this case is Jonathan lestre um Mr bore if you don't mind please raise your right hand do you solemnly swear and affirm the testimony you're about to give in is not muted Madame clerk can you please um yes I [Music] m I do M go yes I did let me finish reading so Mr Bor do you Solly 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 perfect all right uh good morning uh Mr boore nice to see you finally uh good morning thank you happy we were able to happy we were able to connect uh what is your relationship to the property I am the manager of the property a manager in what sense in the corporate sense or uh in the practical sense in the practical sense I make decisions collections uh I work for a company called Centurion management and they the uh they also uh they are basically the manager uh uh and they hire me to to manage this building right I'm showing on sunbiz that the manager uh for the LLC or at least one of the managers is someone by the name of Constantine Chelli Constantino cichelli is the owner of the property all right he's the owner of the propert of the LLC that owns the property yes sir and and what's your relationship to the owner of the property you're manager business business relationship yeah the relationship business relationship you have you have a management company uh I don't have a management company I work for a management company oh you well the management company is uh hired by the owner to manage the property correct okay you're here on behalf of the owner because there's a violation alleged for um involving uh emergency exit lights on the first case and then we're going to get into the second case W which deal with um uh damage risers uh threads risers in the stairway are you familiar with these violations yes of course okay uh do you contest the violations or not no not at all all right how much time do you need to fix the emergency lights uh the emergency lights uh I I I contracted with National Fire Security which they usually do my uh the work for uh alarms and emergency uh systems they order they had to order they tell me the um they had to order the uh the exit light and two batteries that are missing uh the exit light just got here like a couple days going they're expecting the batteries to be here in the next couple of days so the emergency light situation and should be taken care of before the end of the week I hope well that's good uh Madam uh who's who's the uh oh it's Jonathan lestre uh uh is that who the officer is on this case yes it is yes yes M Smith okay um is it just one emergency exit light or more than one it was more than one um uh my count uh it was three emergency exit lights that weren't operating throughout the entire property okay Mr bar is it is it is it uh can I assume that um all three lights are going to be taken care of absolutely if I if I give you uh until June 20th you'll uh you'll have it done by then I'm sure of course okay because that that's plenty of time and I I don't like to mess around with uh what might potentially be a life safety issue if the lights go out so um I'm going to give you plenty of time but if you don't comply I'm going to find you all right so if this company doesn't work out you have plenty of time to get another company well they they've always worked out okay all right so on this particular case number uh 19 based on the unrebutted testimony of the city's Cod compliance officer the photographs and the evidence presented depicting that the cited violation still exist proper notice has been given the property owner's manager is uh has testified I found in favor of the city enter adjudication and set a compliance date of June 20th 2024 in the event of non-compliance there shall be a daily fine of $350 until the vi ation is abated number all right next case is number 20 uh Mr bar any issues there you you you you you need some time how much time do you need no that that all that has all been done that work has been done already yes sir all right M Mr inspector have you had a chance to go back and take another look uh not yet sir uh the final reinspection date was May uh correction April 17th so when I went to the property the photographs uh they were still in damaged but Mr bour did call me uh last week late last week to inform me that uh the Treads the anti-slip Treads have been placed on all the staircases I just need to reinspect all right uh we're going to table uh this matter and uh uh Mr inspector if you go out there and they're in compliance then you can close the violation if they're not in compliance then bring it back to me at my next meeting yes sir okay next case thank you sir thank you very much all right one moment all right the next case we're going to call is item number 31 item number 31 is sobrino case number c m i s 20240 90 the owner of this property I believe is Jodie s and just allow me to allow them in I have several jodies here listed jod if you can enable your audio and video okay according to the file the owners are aruro Omar and jod Logan I have Jodie vuro and Owen can anybody hear me can you guys hear me we can hear you we just need your video oh perfect hold on oh how did you get on who me yeah how do I get on you got to hit the little button at the bottom that says video oh I don't have a button at the bottom you want to come here uh yeah we can do it together I'll that that that would be fine okay I'm Gonna Leave This then just mute that that device if you can please all right allow me to swear them in when they're situated uh oh where' they go Jody your video and has disabled for thank you Nicole uh Jodie or Owen or aruro you can okay here we go okay are we ready all right please raise your right hand for me we're having technical difficulties yes I'm unable to join via video I'm still trying to figure this out I'm sorry can anybody see me we can see you Jody oh hi want me to put it on here we're having problems we see you and hear you loud and clear perfect yeah we now see you both okay you will okay here we are I have another Jodie another Jodie s sabrino who has a raised hand I've asked to unmute you if you can also accept that and change the name in which you are all right are we ready to proceed we have three jodies on the three jodies here yeah what who are the jodies well ni and there's another Jodie and two more jodies Christian Ruiz all right can you please change the name you sir uh quickly how do I change the name um if you click on the three little dots at the corner if you go to participants you would be the first one on the participant and those that little box with the three dots understood it will allow you to do that all right if you all can raise your right hands please 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 all right so when you are asked a question you can answer um please don't interrupt the magistrate as he give you instructions yeah um yeah let's not talk out loud when you're not called upon um so the property owners are uh aruro Omar that's me okay and jod Logan that's me okay I have review the whole file just so that everybody knows I know what I know what this is all about okay so um my uh I I see someone else uh joining in I want I just want to let everybody know that this is not number one it is not a popularity contest it's not about whether you like or you don't like Jodie and uh uro and it is not about what I think about Wildlife Ducks uh or any other animal everybody loves animals the issue here in this case is very very narrow okay and it's very simple it's ver whether or not there's a violation of section 4-11 of the code that's all I'm going to consider I'm not I'm not here as a PO policy maker I'm not here to decide whether the ducks stay or go that's not my job so the only issue the only issue in this case is whether or not the property owner uh was keeping harboring maintaining enticing or encouraging wild animals into their proper okay that's the only issue so let me first off uh let me hear from the property owner I'm sorry from the from the code officer and explain to me and prove to me that there's a violation under the section cited which is section uh 4-11 I'm not sure that they were cited under Section 4-12 which is related but nonetheless I want to hear from from the code officer first I hope everybody understands what I'm saying because I think that there you know there maybe some expectation that I'm going to do something radical here and get rid of all the ducks in the neighborhood I'm not doing that that's up for the city commission to decide uh so so that's not my job anyway I want to hear from the from the inspector good morning inspector millo um nebor of services department of City of Miami uh please speak up so everybody can hear you yes can you hear me yes yes so your honor this case was open on March 20 of 2024 to the property address 1805 Al Amanda Drive um as the uh description of the uh violation says keeping fou poultry while animals or farm animal within the city is prohibited um the city I received um numerous complaint from Christian um Ru U basically for harboring docks of the property um you're honor the city's requesting an adjudication or whether or not you consider this harboring of the Ducks um at this time the city requesting that if you decide and you um and is considered to be Haring of the Dos um that is adjudication with no monetary F be placed for the reduction of the ducks or for you know for them to stop harboring the Ducks however if you decide this is not this this is not constitute to um harboring the Ducks then we will proceed accordingly and resume no more operations um at this time the city will present it um it evidence which is a testimony of the M complainant which is our sole piece of evidence we have and allow him to speak on this matter and we will will have all um we will have also allowed the uh resident who resides at the complainant um address to rebot as well um we do have affidavit from both parties we have 53 affidavits um for the resident at 1805 L Drive in favor of the Ducks and one affidavit opposing the Ducks okay again as I said before this is not a popular it contest May I interject your honor no no not not yet not yet please don't don't interrupt me okay we're going to handle list like if we were handling a court case okay we're going to be very strict on the rules here I don't care how many affidavits were file number one there there to me I read them all it's hearsay uh because the person may not be is not here and recording stopped and recording in progress I apologize and in any event they all say the same thing pretty much they're they're mostly you know there's a handful of of of people who are against it and there's a a great number of people who are for for the docks and you know I see docks all over the place that's not the issue okay and by the way the what what is the Mr inspector what is Define uh under the code assuming that I find that there is a a violation in in the uh in keeping uh the um harboring uh maintaining the uh Wildlife uh Etc what what is the violation under your code how much how much isation under chapter 21 uh subsection uh 2176 the Civil schedule penalties says that a violation of 4-11 which is keeping file for is a civil penalty of $100 okay so we're talking about a civil penalty of $100 which on under the code and I I I knew the answer to the question because I have your ordinance in front of me and so this is all about whether or not the property owner is improperly harboring keeping maintaining encouraging enticing wild an animal uh in uh on her property and and I'm I'm going to let I'm going to let the the the other property owner I know that there is a video if the property owner wants to show me a video of the of of whatever I'll be happy to see it but that's the narrow issue in this case and so um let to keep this order I'm going to let the the uh city inspector call whatever witness will testify that there's a violation under the city code uh Mr inspector go ahead yes as I mentioned the only um um witness that I have is Christian Ru who is the uh complainant and also who has submitted uh the pictures and videos okay please if you're not being called upon mute yourself okay thank you uh all right uh uh do we have uh Mr Ruiz uh let's see I'm looking for him Christian Ruiz he has not been sworn in though all right SAR him in could you please raise your right hand do you Solly 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 pleas say I do I do thank you okay I understand Mr Ruiz from looking at the file that you have a video you want to show me a video you want me yes sir do you want me to show it from my phone or can I share screen I have a folder uh whatever is works best for you and for the city you know the better quality picture the more let me give him access Mr Ruiz you should be able to share your screen from where you are okay I it should ask you at the bottom of your screen do you want to share yes Al it's going to quit you and that you're going to join again if not you can't share the screen I then I'll just do it from my phone can you guys still hear me we can hear you okay one second so um I want to I want to clarify I know that the officer the inspector said that this case was open March of this year but to clarify this has been going on for 30 months it started 30 months ago I uh submitted to councilman Scott Scott galin and the chief of police and the city has on this issue for 30 months and okay I'm not I haven't asked you any questions sir I I just my my question my my only request is that you show me the video that you took okay uh that is part of the file I can't see anything why don't you describe for me what the video shows it's showing the Ducks uh eating from under the bird feeder on her property this was uh yesterday as of yesterday what about before yesterday um did you file some video with the city at some point uh yes the city has images and videos when this whole thing started 30 months ago and recently I submitted videos and videos to Lazaro and I just uh I believe he's assistant chief Angel Rivera at the moment he's aware of the situation as well um and yes she just been going on every day your honor okay what what what has been going on every day uh the harboring and the feeding of the dogs she puts the hose and her dryway she has a dip on the dry wind she fills it up so they can take a bath because when the city got involved 30 months ago there we she had four pools plastic Kitty pools in front of her property so they can bathe and the city has those images so she they made her remove the pool but then she got smart and started uh filling her driveway so they can drink water and bathe and she throws the food on the ground under the bir feeder and she also has like uh pots or uh stuff from the garden hidden behind her her plants to feed them and drink water and this where where do you live sir 1845 Alanda Drive and the docks come here are are you the next door neighbor three houses down so the docks are constantly on my property every day three times a day and I constantly have to chase them water down my driveway my sidewalk they leave veal matter by my door and I just you know all over the street all over the neighborhood down keyston Boulevard down on the drive all right this is all on Keystone Point yes yes sir is it limited is it limited to your street or is it uh islandwide islandwide she because she has also and she has also convinced other neighbors in the past to do the same to put pools or water or feed them and stuff like that uh Mr inspector do you have uh any any pictures videos that you want to share with me I know that there was one I know that there was one in the in the in the file do you have any anything that you want to show me um yes I'm trying to hear with the phone because I was trying to share my screen but I don't know where the video is not I don't know if you can see take off the blur effect take off janara you should have access if it's on your email you should have no no I do have access it's my the video when I play it is not coming up give second all right but I I saw pictures too uh not just videos like can you see that okay and just for the record can you describe what your uh what the screen shows I just see you know the Ducks um taking a bath in the stain water uh Miss sure the dway is that on her is that on her property yes on her driveway okay and where did that where did that water come from um I don't know the this um Mr Ruiz it was the one who provided this video um like I said I mean the only evidence we have is all the videos and picture that he has sent us and there's nothing that at the moment of my inspection I've seen on Miss ji um property okay how close is the Mr inspector how close is the property from the nearest Canal or uh or Whitewater Bay um I don't know got to be less than 100 feet yeah okay is is that where they're coming from um I can't tell I don't know I don't have a you don't know no okay is it is it just is it just do or you you have other animals peacocks raccoons uh rats anything else besides the Ducks I mean that was that question was for me yes what was the question again I'm sorry the question is was there are there other animals besides Ducks well they're supposed to be I I guess yeah there should be more animals around that if it's like my neighborhood you got aasum you got iguanas you have uh in in in uh in Coral Gables South Miami you have peacocks uh you know you know the question is is you know why what did this property owner do to violate the provisions of the code such that she would be subject to a fine other than just putting some water down on her driveway and maybe have uh you know a bird feed uh area somewhere in the house what what did is she actually you know harboring Ducks inside her house or again your honor I don't have an Evidence I didn't took a picture I did a witness um Miss yod um doing that so again whatever evidence I have is just the testimony of Mr Ru his pictures his video that he has submitted to the city okay um anybody else that uh you would like to testify on behalf of the city in regards to this violation anybody else magistrate I do have a Louie D I think who has his hand raised but he has yet to resp question is the city is the city GNA call him as a witness this is not a public hearing this is a qu this is a quide Judicial meeting and so um I I don't want everybody in Keystone Point to all of a sudden want to testify in this case because I'm not going to allow it but if somebody if if somebody that the city has uh uh wants to call as a witness to support their uh violation I'm happy to hear anybody that the city wants to call but not just randomly go around the room and see who wants to speak I'm not going to allow that City you have anybody else m magist Smith Laz Ron director of neighborhood service through you may I yes sir okay uh I do know from the prior cases for the stagnant water it was something to attract them to the property okay the bird feeder I haven't seen uh other than watering on the property that's the most that I've actually witnessed uh in my own inspections uh in our last one of the last inspect that we did we walked about four blocks me and officer Coulson inspector Coulson and I and Miss jie we walked around uh we saw various properties there she has foxes she has snakes it's it's an urban habitat uh and it kind of brings animals to there when it brings the animals over there I think maybe the Ducks which is very close that's a very good point I think Johnson and Wales the canal that's back there is pretty close and that may be where we're coming from we can't we can't confirm that but what I did notice which was just the fact that like you said not a popularity contest was over 10 ducks on one property and maybe two or three as we walked in the area so I don't know if maybe the Ducks over Generations I'm not a biologist by no means but was there was the fact that there was an overwhelming a lot of ducks on that property as opposed to all the other properties maybe because the past situations which are document and adjudicated for the pools that were there I know Miss Jordy loves nature uh I understand that but what's H what's transpired is is when you have that many and they do go somewhere else and they keep attracting there I think it's more about the numbers because when we walked we maybe saw two or three on a property maybe two and some ducklings the ducklings they don't survive long in my experiences in Miami Beach and my experiences in Miami Shores with the Ducks usually the ducklings they'll start to get eaten by the natural Faun especially where Miss jod is at so the what we're asking from the city is to see what steps she could take and and there might not be an answer to this because it's not getting rid of all the Ducks because that's nature and we have to learn to live with it what we're looking for is some sort of solution or order that would allow us at least to Monitor and be like hey look you've got she's had and I'm sure miss jod can tell you she's had quite a large number and at one point she did legally take them to to and correct me if I'm wrong Jody because I want to make sure not you know any testify for you from my understanding is that that she did get rid of some ducks because of the overpopulation that were on her property so where do they Roost and we or whatever Ducks may be doing at night do they like her property yes does it have certain little tidbits that they like like extra bird feed or maybe a little bit of uh what's growing on the natural trees as nature grows but does it bring a a bigger concentration of ducks on her property I want to say from my experience on that block only and that specific property the answer is yes all right uh uh Mr director I so appreciate you um putting it all on the table and uh expressing the same thoughts that I had in mind and since you mentioned Miami Beach you and I were there when a number of city managers attempted to capture all of the uh feral cats that were invading the city such that it created a tremendous public health hazard health hazard uh and one city manager basically was fired because he went around removing cats from the boardwalk and uh you know you have to balance where you live with what's around you and if you live like I I have a I have a home in North Carolina and I have uh anything from foxes to Deer to Bears ducks chickens uh turkeys everything and God forbid if you should touch one of those animals uh because it is their place we are the ones that are invading their property so I am I am very familiar with issues involving and and we see the the peacocks down down in the South where they damage cars they poop they uh people you know they they're Disturbed some some people are so uh I'm going to turn this over to the property owner Jodie and I know that by now she hears what both the director and I are concerned about is that for whatever reason whether it's bir feed the natural habitat the way the the the house is architecturally and landscaped uh you know the the ducks like it there and there's an overwhelming number of ducks which there's a consequence you have foxes now coming into the neighborhood and that's not good and the foxes want to eat the Ducks and next we're going to have other animals coming in from uh you know from Alita park or from uh other areas in North Miami North Miami Beach and all of a sudden you're in a forest and you want to live peacefully in a residential area and you don't want a 100 ducks pooping on your car every morning okay so um Jody you've been working with the with the city you know the issue I've heard everything that has been said about you you're a wonderful human being I love the uh I love nature and I appreciate everything you're doing but I want you to also understand that some of your neighbors not too many I only read about three or four that that have concerns and I and and you can't make everybody happy but what can you do to uh lessen the number of ducks that seem to populate within your residence within your yard within your trees what what can we do to make this better this is not about a $100 fine this is not a and it's you know it's not about the fine it's about trying to work out some kind of a compromise with the city so that you don't have to be sighted and uh y on can I say something what you're willing to do can you hear me can you hear me yes we can hear you Janie okay first of all I've already paid a fine it was last year I paid the fine I removed the pools I thought I was in compliance um little did I know that this was still going on I saw Commander makok I said you haven't been in my house who came to my house four times he said I haven't heard any duck problems until as recently as I was cited with the violation and I said I didn't even know this was still going on in in answer to your question I have a a native habitat the ducks eat my plants my butterfly population has dwindled to the point it makes me sad they eat the caterpillars they don't need human intervention they do better without it my I have 14 bird feeders you know what the birds drop and the Ducks get you know I can't they don't listen to me I don't I clean up I'm hosing honestly from 5:00 a.m. to 700 p.m. at night in interner Middle know it every few hours to keep it clean I put the hose down I sweep I do 5,000 other things he sees the hose running do they get some water sure but it doesn't you know it builds up in my driveway and and it evaporates within six minutes anyway I feel like this is now he's been harassing me with this and I said I'm not going to get upset so I'm really trying to hold it in go may I speak your honor yeah yeah uh if if you could if somebody could post uh while you're speaking if somebody could post a picture of the house from the front showing the uh the the area in question that that would be helpful also okay we'll have to probably do that afterwards because now all our phones have been tied up for the last three hours no no I'm I'm seeing it right now leave that picture on you see it okay that's not our house that's Christian's house where some of the Ducks wander the neighborhood absolute fact the Ducks I want see I I want to see a picture of your house he's got they got one with the they have one with the B that that's the house that's the driveway that's the puddle that's a puddle and sometimes it gets a little a little more okay all right keep going sir I didn't mean to interrupt you I just want to be informed no for me okay yeah uh the Ducks arrived I guess it was 30 months ago because Christian has been keeping track apparently uh they flew in from Johnson and Wales they fly in generally all the time they fly they fly they also one time one at a time Jody I want to hear from uh uh Omar they walked across biscane Boulevard for months every day twice a day back and forth came and ate our Landscaping we water because we have to clean the duck crap away so we have a low spot in our driveway that accumulates water it evaporates immediately we sweep up after the Ducks we hose down after the Ducks we have native birds that we do feed and there is some ejecta that's our house there that there's some ejecta from the feeders I don't know you know we are not harboring anything we don't feed them we've been fined we moved the water water sources we picked up the water sources he's talking about things in our yard that are literally Stakes to hold down a volleyball net and he's pointing them out as evidence of water and it's become an absolute harassment last night last night he was stopped in front of our driveway taking pictures of God knows what let's not stop let's not get into personalities well I I don't I don't want a personality thing I don't want a popularity thing I want the harassment to stop because I I I'm I'm insens I'm just trying to live my life I I don't have a magic wand where I can say the harassment will stop that's not what I'm talking about okay well I don't want I want you to to stick to the facts and tell me whether or not you are involved engaged in your in your the way you view it in keeping harboring maintaining enticing or encouraging Ducks into your property 100% no if I could get rid of all the Ducks I would they crap all over everything they're you know I like the Ducks fine but they're a pain in my life as as this day has shown I don't need the aggravation but I what am I going to do we've actually taken an entire family up to lockah hatchee we're not supposed to relocate Ducks but because of all the pressure we did I will never do that again okay well may maybe maybe the city commission can um make some uh observations as to what's going on in this particular area of the community and by the way I I know I know people on Keystone Point one one of one of them actually collects butterflies if you can believe it as do we huh as do we okay he's got a very nice beautiful garden with butterflies okay so it's not about you know nature uh if the if the city Commission in its discretion or the administration for that matter wants to go out there and and remove them and take them to Pelican Island or some other location I don't know if Pelican Island would would would accept uh but but uh remove them uh put them somewhere else take them to Alita Park uh you know that's that's an administrative decision and a policy decision all I can do all all I can do all I can do today is based on based on the testimony and the facts that I hear whether I find uh by the uh greater weight of the evidence or by uh the appropriate standard that I have to use in deciding these cases uh clear and convincing that you violated this code section and uh I would would assume based on what the director told me that there seems to be more Dock and ducklings on your property but are you telling me that that's because of the nature of the landscaping and the way that your house has been built and the uh the the trees or you know what is in your property that seems to be attracting these dogs that is different from every other property your honor can I speak of course that's I'm directing the question to you okay oh great okay so first of all if we move if the city moves them um you know great they're gone but they're gonna come back you you you can't just get you know an iguana literally pooped in my eye I was doing something in the tree in my eyeball if I could get rid of anything can we get rid of them too I have par listen I have seven kinds of parrots here I have Birds I have snakes I have foxes I have Hawks two kinds of hawks my my my my landscape is built for nature the Ducks enjoy it they eat my plants I had $5,000 landscape of mimosa for ground cover they obliterated it it's gone does it make me happy absolutely not not but I deal with it because I share I was I was brought up I share with animals animals you know he said I brought it in the raccoons he said I brought in the possums goodness they were here before all of us I mean come on and I know people don't like the Ducks these stuffs I grew up with on a golf course and I didn't like them at all but you know what I learned to deal with them and I just like them or not you cannot let them ruin your daily life which Christian has has he's letting them do and now ours I don't control them you know it's a lot of work for me if this is a lot of work for anybody it's all me no no no I I understand why you're getting emotional uh it's been going on for a while I I understand I understand comped we have complied your honor and he continues to harass all right all right wait a second let's have some let's have let's have some order here okay otherwise I'm going to mute everybody and nobody's going to be able to be heard uh I I had asked a question I I'm not sure that I have an answer uh I I I'm sorry you're honor ask again listen listen don't interrupt me okay you know when when you're when you're winning you keep quiet okay otherwise you're gonna you know get hurt my my my question again to both of you is is there anything that you can do within your pro within your property to uh keep the dogs from overwhelming that particular property is there anything else you can do yes ma'am perhaps tear down the the habitat that took me seven years to create I'm talking about something reasonable you know what I'm talking know I don't I don't what's reasonable if you know I see them eating my plants I say stop it and I kind of move them away they don't listen to me I have no control okay I hear youed to compromise with Christian I'm willing to do I I don't know what he wants me to do I'm not Dr do little okay uh one one other thing your honor yes they also we were cited for our Swale is that involved in this as well because we we got the permits it's the same we are only here for the Ducks uh we're not here for we're not here for the Swale I saw something in the file about the I apologize I I see a hand uh and and uh yes magistr we have three Christian Christian I'm gonna call on you last I'm I'm gonna ask H Bill Sam Simpson uh who has his hand raised I'm gonna ask him to briefly make a comment and then I'm going to call on uh Nicole Braxton and just briefly because I don't want to turn this into a public hearing I am not the city commission and I have no authority to remove or change or uh or keep any wild animals from Keystone Point that's not within my authority so Nicole did I call on no I and yes your honor Bill Simpson yes I magistrate do I need to swear him in yes all right bill 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 got please say I do I do your H can can you please identify yourself tell me where you live yes sir and uh what what uh what is your concern yes your honor my name is William Simpson I reside at 205 Alamanda Drive exactly two two and a half blocks from the uh property that's in discussion what I would like to say is this I have ducks in my front yard I have they spend the night here they go under my truck during the day to get coolness they go in the Hedge I have pictures of four five six ducks at my house with 17 ducklings yes they come in the yard they come to my yard my yard is completely different from the sabrinos mine is wide open hot and everything they come to my yard to eat a specific weed grass or seed that's in the yard I can't keep them out my daughter wishes they didn't come to poop we say hey we don't put water out or anything but if I wash the car there's a puddle in the in the driveway they'll come and sip some water but you know what I live with it the other day I came home I looked there were four or five ducks on the front porch my wife and daughter were out of town they came home that night I said hey we had four or five ducks on the front porch you know what they were doing my daughter had cactus plants on the front porch they were up there eating the cactus I guess because they like the juice or the you know like the water in them or whatever but my property is two to three blocks from theirs I have Ducks I've learned to live with it like you said the peacocks I have a posum that comes out every night runs my fence line on top of the wood fence my two dogs go crazy wake up two or three times a night I've got to calm them down I live with it this is South Florida I'm a native I'm a third generation I've been in North Miami for 72 years when 135th stopped at the canal but I will tell you this in defense of the sabrinos I real I knew when they had the ponds and in in the pools and yes they did remove them the Ducks aren't stupid they're going to go where they're sh shade they come to my house and crawl under my truck or In My Bushes to get shade I don't feed them I don't water them I've never had pools out that's just the facts your honor I uh I very much appreciate um your testimony I um I live in a neighborhood not unlike Keystone Point I live on Miami Beach I live on the water uh and uh I know nature your honor excuse me excuse me your honor and I also have iguanas I've had raccoons that we had to you know have my My Neighbor Next Door hires a service to trap the raccoons in the possums a professional service but I mean Ducks don't have a brain that says oh I can't go to the sabrino yard or I can't go to The Simpsons yard because they might get a fine from the city and they'll have to pay $100 it's their instinctive nature to go seek out like a human being if it's hot and you're working you're trying to work in the shade it you know it's not rocket sign it's it's just it's instinctively inbred in them all right um I appreciate your cander and uh your testimony sir and uh is there someone else before I call on uh Mr Ruiz again anybody else there was Nicole and then Ruiz all right let's go to Nicole Asher Braxton you need to be sworn first hi can you no she was she I believe she was sworn already Yes okay uh your name and address uh Nicole Asher Braxton I live at 12954 Banyon Road North Miami so I live how close to the property in question do you live um less than um half a mile uh actually I was please baby um I actually walk Keystone um and go down Keystone Boulevard walked it two times this week um actually far like four or five homes down from where jod lives there was a new um a group of uh ducklings with their mama I mean they're everywhere so I think um the witnesses have pretty much covered anything that I would say but I don't think that anything's being done to bring them near Christian's house all right as I said before I've read everybody's affidavits um and U I'm familiar uh again I'm not I'm not counting votes here this is not about voting or how many are for it or against it this is strictly about whether or not the property owner is in violation of the code okay uh anybody other than uh Christian Ruiz that hasn't been called upon anybody else all right so let's go back to chrisan Ruiz and Sir um if if you want to identify yourself for the record you you may also are you a co-owner I'm the owner of the of the property sir okay you are the owner and your name your name is what James Barry bear I wasn't originally going to be available for this but I my schedule changed so I was here that's why you know Christian was the one primarily uh going to attend today okay so why don't you uh tell me what uh I I don't I don't know at what point this became a about whether or not theor do you want to um swear him in yes yes you need to be swor in to testify sir State your full name for the record all right 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 so help you God I do okay before before you testify before you testify I know everything there is to know about homeowners associations I know what it's like being in the minority and I know what it's like being in the majority and I know how emotional and difficult these issues get trust me I've been through it a million times and I hope that this this is not about personalities or harassment or evil motives or you know somebody's you know because I want everyone to try to live together in peace and tranquility and enjoy the quality of life you pay a lot of money to live in Keystone Point and I just want Harmony between everybody and that you know this I guess comes from my days as a politician But ultimately you all are going to have to try to figure out a solution amongst yourselves as to what to do as a homeowners association or if you can't resolve your problems you're going to have to contact one of your Commissioners put the item on the agenda have a discussion and see if the fathers of the city or and mothers have a a better solution and and that's really where we are so please go ahead and you know tell me what's on your mind so I don't know when this became about ushering the Ducks to the front of my house they come because they come and their nature and I understand that um I'm my biggest concern is that I was physically assaulted over this matter by neighbors that are busy defending ducks and when my personal safety becomes an issue that's when I care okay I I I was Panic stricken when I was assaulted inside my car spat at my car was punched and dented by a neighbor defending the Ducks and really I don't know what world we live in where that's okay I'm sorry that's just not okay I don't care about the ducks living or dying I don't care they can roam the streets I don't like them on my property do I wish were all gone absolutely but what my biggest concern is is that there is like a movement to protect the Ducks amongst neighbors I was physically assaulted I got spit in my face did you follow police did you follow did you follow a police yes I did Sir yes I did okay and and what happened the the gentleman that hit me refused to come to the door so that they wouldn't see his fist was in injured and in pain he refused to come to the door and the officer was not exactly very cooperative and helpful I tried I tried I tried but you know what I had to do I had to alter my my my living schedule to avoid that neighbor at all costs in and around my street because I fear for my safety because I said to him please don't Usher the Ducks to the to back to the houses let them roam don't Usher them and they're busy ushering them and so the guy got insulted that I was telling him what to do and he spit in my face and he proceeded to punch my car so many times he left a dent in the door I felt for my safety and that's just never okay uh that's unacceptable it's it's horrible and um if I were you I would go visit your uh favorite attorney and uh try to get a restraining order against his neighbor uh and possibly sue him for assault and battery and that'll teach him a lesson that's not acceptable I I understand that that's all unacceptable but you know what I don't like I don't like the karma of living in the problem over and over again I I I I altered my schedule because I'm a Live and Let Live kind of guy my entire life is about Live and Let Live okay the reality is is that there's a movement there's a there's they're they're they're like the defense attorneys for these ducks let them be don't give them water don't give them food don't give them anything don't Usher them don't push them don't take them do nothing do nothing just ignore them make do do what's the opposite be tidy be clean be neat if you have a certain weed that attracts them get rid of the weed do whatever you can to help reduce the population um there are all kinds of things that can be done to live harmoniously in a neighborhood assaulting your neighbors is not one of them absolutely not and I told you what I would do and you're free to take my advice or not but if you're afraid if you're being harassed if you're being punched if you're being kicked if your car is being damaged by someone who persists in doing so and uh I I would I would try to get a restraining order um from a judge uh and uh and deal with it that way if if that continues uh it's contempt and the person can be imprisoned um I would hope that the association uh uh has a meeting where uh they can discuss us this particular incident that happened with uh this individual and that there under no circumstances is this to be tolerated by the Association um and uh I I hope that that never happens again so I'm going to go back to uh uh jod and we're going to finish it uh in in about two minutes because we're running very late your honored I would just like to say that uh we were in no way involved in any assault I don't think he said or implied that but as far as Live and Let Live and restraining orders we just want to Live and Let Live and that's what we're trying to do and it becomes more and more difficult when the neighbor who lives and let lives is harassing us we're not harassing I'm sorry I'm sorry to interrupt again if if you want to term it harassment you're entitled to but I have never addressed you sir and and the show up hold on the minute enough enough uh Madame clerk uh I've muted both of them mo both of them and I'm I'm gonna I'm going to uh I'm going to say a couple of things okay number one I I don't believe that the uh city has established by clear and convincing evidence that the property owner in question has uh violated either section 4-1 or 4-12 I find no evidence uh of them keeping harboring maintaining enticing or encouraging uh uh the feeding of of of animals uh merely uh having a landscaping plan or a uh a a uh a home that that for whatever reason the ducks like to visit because they like the trees the flowers the ambient whatever it is I I don't know that you that that that by itself is a violation um I can see where the overpopulation of ducks in the area can be a nuisance and now that we're seeing foxes uh you know we next we'll see coyotes and uh maybe a couple of other predatory animals come into the neighborhood I think that the city commission should entertain some kind of a remediation campaign to address this particular concern to the to the extent that it is an overpopulation of wild animals if they want to if they want to leave things alone it's within their purview but it it's not an issue that I have jurisdiction over uh and so uh as far as this particular case is concerned I find in favor of the property owner and would urge everybody at the homeowners association and as I said I've I have friends that live there um I hope that everybody can can leave can can live peacefully and and and and and not have to go to court and get restraining orders just Live and Let Live and and be done with this um uh you know never seen a case with 70 affidavits or 50 affidavits filed by by the residents so obviously it's a very passionate issue uh as I explained earlier we had the same issue with cats in Miami Beach when LZ and I were there uh and and and it led to the firing of the city manager because he was too aggressive so uh there's got to be a balance that works for everybody so with that said case is over we move on to the next one we're running out of time thank you magistrate thank you your honor thank you your honor all right magistrate um there are a couple of individuals who are in the attendees list who did not register um so we can just try to go by this list to see who's here because they will not respond to the chat to see what cases they are here for um so I do have again a Mr Louie diadu I'm not sure what case he is here for Louie if you can [Music] please enable your audio Jody your case has El you can eliminate Jodie yes there's two there's two jodies yeah we have a Louis D La yes Louis Z if you can please unmute your mic and video and let us know what case you are here for can you hear us we'll come back to him all right I have a John arcia John ARA if you can unmute your mic is off oh can you hear me now this is okay John yes we can hear you yeah you you need you need to um delete yes I'm going through them all individually maist I can't seem to turn on my video I see a nice looking gentleman with a blue suit and a red tie John ar ar yeah oh yes now I'm here I can see everybody now there we go okay is is that the moon in the background or I like to try to think I I think I'm Captain Picard that's why I yeah are you traveling traveling traveling in space huh it still can't get far enough away to get put up and all this work okay what case what case are you here about sir I'm here on case number czc d222 d705 it's an inspector Jonathan lre case what's the name of the case uh the White House condominium the White House oh yeah I uh yeah okay okay all right sir are you Mr rcia are you an attorney representing this case yes I'm the general counsel for the association okay so we don't need to admin the oath here yeah what what is what what case number is it this is item number 32 on the agenda the White House Condo case number CF oob is what I have yes um 202200 398 this case was previously found found guilty by magistrate Kazo with an abatement date of January 24 the fine was set at $150 plus the assessment the $100 cost assessment okay uh again state your name for the record uh your address and your relationship to the property I guess you're the attorney uh so give me your business address thank you sir yes my name is John AR a rcia I Am The General Counsel and attorney for the White House Condo Association and My office address is 175 Southwest 7th Street sweet 2000 Miami Florida 33130 okay are you here to tell me that you got your business tax receipt for the White House condominium sir what we did get we got approved on 49 for the for the um we it says here I have an email congratulations your certificate of use was processed and approved so we got that but then there was a mishap because we didn't time we didn't receive the application or there was a problem and then the the uh property manager was out ill for a few couple of days extended and now we do have the business tax form the document has been filled out and it was actually signed by the president on Monday so we will be submitting it and we believe it'll be you know uploaded by the end of this week so if I could have just a few more days but the we did get approved for the first step which was the the the only reason it hasn't been done was just because of timing yeah you can't get a BTR without having a certificate of use first and you must your condo must have had some construction issues that delayed the uh I'm just assuming uh because I've heard these cases before that there may be some issues with zoning that needed to be or building that needed to be rectified so now that you got your CU um it should be a matter of days before you get your BTR you have the application in front of you I don't have it in front of me but yes I know that it was signed by the president on Monday meaning that it was I didn't take care okay I want to hear from the city uh any um any comment from the city regarding uh this matter I know that it has been previously adjudicated uh but uh mindful that uh now that they've gotten their certificate of use um I uh will ask you whether you want to give him an extra few days to uh file for the BTR uh what What's the city's pleasure good afternoon magistrate Smith inspector Jonathan Lester Neighborhood Services Department as uh Council has stated um they did obtain their certificate of use um but as of the final reinspection date on April 17th um there was nothing on file I actually went to the development services department to ask specifically about the White House and they said that there was no application on file and or uh if they have it or not um if council is stating that they could obtain it within a couple days by all means uh we could um I'll give them the time but it should be noted that they have there's nothing on file since the White House condos existed of them having a BTR all right as an officer of the Court um you recognize of course uh um you know that that you're going to and also as the general counil for the association uh make every effort to uh have the association file the appropriate BTR it is not a difficult process it is not even an expensive process it's very easy once you have the certificate of use so what I'm going to do is I'm going to table this and I'm going to say I'm going to say to you you know bluntly if if you don't comply by May 22nd uh your Association is going to be fined uh what what was the uh prior magistrates U $150 150 M okay I I will increase it to $250 a day if it is not uh if the BPR is not oping by May 22nd very well I appreciate that and I appreciate the inspector giving us the time as well magistrate thank you as well okay all right thank you do we have to appear again on or no no if you if if you once you get your BTR I guess you get it with the finance department is that correct inspector uh the Department's called development services department um but Finance yes um yeah okay so once you get it you make sure that uh inspector lestre has a copy of it uh I would I would also copy the clerk so that there's no um uh chance that it's going to get lost in the shuffle and and then uh that's it uh if if if by the 22nd of May it's uh they don't have it which I don't believe it's going to happen but in the event that it doesn't happen it'll come back to me and and I will set a higher fine than the prior inspector did well hopefully we'll see you again in other circumstances I I I definitely hope so thank you again thank you all thank you you're welc all right magr we have Liliana Lopez Liliana Lopez if you can enable your audio and video and and let us know what case you are here for Liliana Lopez yes can you hear me we can hear you can you please enable your video as well trying to trying trying trying I and what's the property owner's name that you're here for mjz 1215 and the case number is MH V io2 missana okay what what is the number it's item number 15 and 16 Liliana if you can please enable your video how do I do this on the bottom of your device there's a an image of a video camera if it's a line with a red line through it then you need to click on it so you can enable it I don't see it and I was not also uh able to CC you or text back when you text me I don't know what's going on are you on your phone I am on my phone all right so on your phone um you see where the mic is I see the mic yes all right next to it it should say something that start video stop video no it says chat and then a hint and caption nothing else not allowing me to does your phone allow you to do video correct he does it does the first time that I'm having this issue before I always go on my phones is there any other device you can log in on I will try because if the the option to video is not there then give me a few minutes can I your phone try to log in on your phone okay so give me a few minutes let me try well I'm not going to wait a few minutes let's move on to the next minute one minute I'll give you one minute okay uh good afternoon magistrate can I ask a question right quick of it on this uh Zoom for like two two hours now Ludy you need to you need to wait till you are called we've called you several times and you weren't available so give us a moment please Madam clerk I love how you handle these uh interruptions it's been a little while today I uh reminded me of my days as a City Commissioner when you had 50 people on one side of an issue and 50 people on the other side of the issue and you had to split the baby in half and it wasn't F you you always ended up upsetting somebody right okay and and and your director can tell you all about it all right Liliana hello yes I'm I'm I'm signing on another device and the same exact thing it's not leaving me the no problem Liliana that's fine we're just gonna mute you for now we'll call you right after um just get your situation situated at this point so one moment Ludy if you're still available please enable your audio and video please Ludy and not here again are we pronouncing his name properly perhaps that's why he's not responding Lou D L UI d a o u d please enable your audio some sometimes it's pronounced out he was on just a second ago I'm not sure why he's he's must be away from his device all right so I'm going to go to the next person that I have here all right let's do it all right so I'm going to go to Megan Perez Megan Perez if you can please enable your video and audio why is everybody having problems today I have no idea can you hear me all right we can hear you we just need you be able to see you yeah absolutely and so I actually am working from my laptop as well and have no I'm a cam so I do this often and I have no opportunity to turn on my camera the the host would like to promote you to panelist yes when we send that then you'll need to select it here we go start my video thank you so much there we go Miss Megan if you can please um raise your right hand first do you SW solemnly swear and affirm that 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 yes ma'am I do all right what case are you here for let me know the property owner's name it's Windward condo Windward [Music] condo all right magistrate that's the item number 33 34 as well as 35 so allow me to read those into proceeding item number three Winward condo case number cfob B 2023 0491 item number 34 Winward condo CCU 2023 00820 and item number 35 wward condo mhv 2023 01038 and the officer on this case is Brentley Daniels all right um Miss Perez uh what is your full name address and your relationship to the property the yes sir my name is Megan Perez I am the Community Association manager for Winward condo since 2021 and um you need my home address my physical home address no no the the address of your business okay 1225 Northeast 124 Street North Miami Florida 33161 office all right so you uh you're the uh managing uh agent I suppose the association are you familiar with the violations that are being uh asserted against the property Windward whenw condo I am sir yes and um Mr the inspector and I have had extensive conversations and um I want to thank him for his work as well and be happy to provide any information you all need okay so I guess this was annual housing inspection uh the first one is business tax receipt do you have a business tax receipt if not why not so we have this certificate of use that we just received this month um and the business tax receipt um I got an email on the 22nd of uh April telling me that I can go in and pay the $16.75 unfortunately this week I've been ill and uh we are an old condo that still functions with checks and so I have to go get the check signed um by the president to take it over to North Miami by the end of this week I believe by Friday I should be able to do that which I explained to Mr so let's try to kill two birds if you will or two ducks with one stone uh we have 33 and 34 uh I'm going to uh assume that what you're telling me is that you're in compliance with the certificate of use requirement is that correct yes sir okay so I assume the city will dismiss that violation yes sir honor okay so I'm going to do the same as I did with the prior uh owner I am going to tell you that I am going to table number 33 to um May 22nd to May 22nd and uh if uh you're not in I'm I'm not going to issue an adjudication because business tax receipt you can get in five minutes by paying a very minimal charge so uh rather than having an an adjudication I'm just going to ask you and request of you to have your business tax received by U May 22nd and if you don't have it by then um I'm going to be inclined to issue you a fine so uh I'm not but I'm not I'm not adjudicating it I'm just tbling it so the more serious violation however is the next one which is number 35 the clerk have you have you read uh number 35 into the record yes okay so we have some issues here involving balconies tacco rebar I've seen the pictures uh can you show the pictures I I that that page doesn't help me uh show show me the the pictures of the areas in question uh that's one uh and are these balconies yes yes Johna okay those are uh you know serious not life safety necessarily but serious violations um is the building official around is the building official or his design or her design uh available for some questions inspector pressy she would be rep help assist representing uh so uh take a look at those pictures and you you tell me uh you you know go through those pictures if you haven't seen them and you you tell me what you think about those those balconies and the uh the stco and the rebar and U speak up so I can hear you okay what what's your question my question is you think that's a life safety issue is very yes yes I mean is it is it something that is you know almost ready to collapse or is is there I'm no not as it ready to collapse but it's need to be pulled the permit like working on this as soon as possible like submitting permits and stuff like that it's not ready to collapse today tomorrow to Beed have they have they uh pulled any permits that property address give me one second you me that's 1970 correct no 1225 Northeast 124 on my screen I'm sorry Megan have you have you pulled any permits on any of this we have sir um we actually finished the balconies that you are uh that they are showing is pictures 25 and 26 for instance those have already been repaired those are the ones that were in worse condition um the work has already been done and corrected on that um I believe inspector Daniel can confirm that that's the case um these other balconies uh while they do need work and we have received proposals because we're going to have to do this in phases we've got to remove all the tile uh they've given I've gotten a quote from a contractor to remove all the tile and then they're going to have to determine how extensive the repair is going to be on each balcony so this is a bit of a longer term project I also have a proposal for that Northwest beam picture that they were showing just a minute ago a moment ago um cuz that one is is troublesome so you know our our thing right now as many of you might know condo is associations through the tragedy and Surf Side we're having to abide by a lot of new rules and regulations by the time 2024 budget year is up and this building historically did not uh save money um which is quite usual on the in the older buildings in Miami they've just you know they special assess and so um we are special assessing and we are creating the budget for all the reserves we're going to have to implement next year because they've historically waved reserves but U I don't know if that answers your question but we are on it we've already done two of the balconies it cost us $122,000 to do the two balconies just for the contractor work and you should see there the city should be able to see that the permit was opened and closed by MDS courp last year can you give me that permit number because I don't see it I um I appreciate your cander and the way you explained it and I'm very familiar with the post Surf Side and post uh State Legislature uh uh rules and regulations governing Condominiums and uh I know that people are getting hurt financially assessments need to be raised especially if if you have no reserves on the other hand uh your responsibility as a as an owner in a condo is to address these relatively serious concerns that the uh building official probably will have some some issues with it I mean I can see the rebar pretty clearly there uh and I and I know that it's going to take a little bit of time so I want to hear from the inspector how much work has been done and how how much more needs to be done before the property is in compliance yes Jan well um myself and um Miss Perez um we've been in constant communication with everything she's been complying with all of the other violations that I opened up when I conducted my initial annual housing inspection so I mean if she does need more time I'm in favor of giving her the um a lot of time that she needs to get everything how much of the work has been completed to date um I would say maybe 20% of the work right now as far as the two U balcony that she mentioned that were already done but you know the 80% would be you know the other balconies that need um more work done okay uh Megan do you have a contractor already on on standby ready to work we do we do and the board has to make their final selection um that's where we are right now uh along with getting our Reserve study quotes for the structural reserves um because we need inspectors to come in there and tell us exactly what order to put things in okay how much time do you think you'll need if I can get um you mean to complete all of the work on all the balconies everything everything a couple of months um maybe for the July hearing I'll I mean we're going to address this as soon as possible okay well I'm glad you were hearing uh you you you were listening when when uh the clerk told me my uh baitman dates uh because that's what I had in mind uh we're going to go to July uh but I will find uh I I will find uh that based on the testimony and the the evidence I've heard and I appreciate again your your honesty and cander and being upfront with me um I find for the city on this violation enter an adjudication and set a compliance date of July 24th in the event of non-compliance there shall be a daily fine of $350 until the violation is evaded um I hope you can get it done by then if you're moving in the right direction and it's not finished by July 24th uh come back and see us and uh if if you're almost finished we'll uh we'll be lenient on on the uh on on the on the fines but uh you need to explain to your clients that uh it doesn't matter uh whether they have the money or not they can always get a loan and these are matters that are of the highest priority landscaping and Paving and things of that nature and and putting nice flowers and things around the neighbor about the building they're all great but they are secondary to these uh issues that we've addressed here today so uh instead of spending money on other things you know when you do your assessment ments this is priority number one yes okay thank thank you so much and um hope that we can get it resolved by July 24th thank you all very much for your time all right thank you Megan bye bye all right magistrate uh go back to pronunciation please forgive me Louie last name d a o u d good afternoon good afternoon ma'am if you can please enable your audio and video we need to be able to see you I don't my son was there to help me but he has to go to work my name is Margaret Miss Margaret um I don't do you need someone to assist you with translation because I I don't know if do you want me to give you my case number to see no I want to know if someone do you need a translator translator do you have one hello yes Miss marget do you need want to know we want to know uh uh if you speak and uh and and and can you langage can you can you understand English or would you like to have a translator let me have a translator okay perfect may I have the Creole interpreter please enable audio and video thank you um can you let her know how to enable her um audio and video please not the Spanish inter start video we by C I don't see it ask her what address she is here for or the cas number she has c a [Music] mhm 17 the case number here says C item number 10 got it yeah I got it magistrate how would you like to proceed uh I'd like to see I'd like to see somebody uh this is a a very very serious violation and i' I'd like to see somebody's face uh and I'd like them to uh speak to the violation I'm I'm not gonna I'm not going to postpone it right if there's nobody here then I'm I'm going to issue a default order but I don't know if this lady is the right what is her name what is the lady's name her name is Margaret she's the property owner she's the property owner yes and she can't she can't connect magistrate yes um may I ask of if Miss Margaret is home translator so we can send someone to assist yes please uh because I'm also using a walker I can't walk magistrate are you okay with that yes all right so we'll move forward and um we'll have the um we can have the uh code officer on that case andaro Millo go assist um her with that camera and then we'll call her after we're done with those that are that address is not far from you is it right no it's not it's right around the corner okay thank you Magistrate thank you all right magistrate we'll go on and move with Liliana Lopez I've heard that name before yes she was the one who could not log in Liliana if you can please enable your audio and video can you hear me we can hear you there was a message sent to you to um enable your your video I promoted you to panelists that message you should have received to click on that please what case is this that's we're not sure because we need her to give us that information I believe if I'm not mistaken Miss Liliana you said njz correct 15 and 16 15 and 16 yes all right she's still having issues with her camera you're not going to send someone over to her house are you I just muted Miss Lou so Liliana yeah know that all right magistrate I'll go on to Sebastian Roa go ahead all right Sebastian Roa if you can please enable audio and video you should receive a message to join his panelist Sebastian I do see you are logged in if you can just enable your audio and video Perfect Mr Sebastian if you can please advise what case you are here for what's the name of the property owner the property owner is humu 2 Investments LLC all right one moment magistrate let me get there this is uh case number eight yes 122000 northeas all right put in all right so Sebastian please raise your right hand yes 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 and I'm going to read the item number eight Kahu 2 Investments LLC case number c MHS 2022 368 this case was previously found guilty by magistrate Smith with an abatement date of March 20 of 20124 the final set at $500 per day plus the $100 cost assessment the officer on this case is J Jonathan lery okay Mr Roga uh identify your yourself tell me where you live and what is your relationship to the property I yes um so I am the son of the owner of the unit well the the property in this case I live here in Florida in in Davy actually and um that's all I I don't know if you need anything else but that's basically what what I can tell you um I have spoken with your father's name is Umberto Umberto yes he's the uh he's the uh manager for the LLC correct yes he's a manager in the LLC not the only one okay so are do you have an ownership interest or you're here basically on behalf of your father no no I am the one that's currently taking care of um the the basically the property now I spoke I've spoken with with Jonathan a couple times now and I've actually got um got a lot of the things out of the way and this is one of the few things that I still need uh to do there are a few things that I still need to do on the property itself but I am just Gathering everything I've already spoken with a bunch of contractors and everything getting you know the the pricing for for some things that you know that we need to do um but it's it's I'm I'm on it and I I have Jonathan updated on everything that I do um basically all right I'm going to hear from the officer um you were found guilty on March uh I'm sorry February February of 24 uh and um I'm sorry you were found guilty on February 7th and you were supposed to aate by March 20th 2024 so I want to hear from the officer to see if there has been significant progress towards uh compliance or whether uh people are dragging their fee what what has been done what needs to be done good afternoon neighborhood service inspector Jonathan Lester and as the clerk stated this case has been heard by you and they were found guilty um and they had to obate by March 20th um of the final reinspection date on April 17th um the walls have not been pressure washed or painted uh the fascia and the sofits are still damaged and there have been no permits open by the building there have been no permits uh applied for or issued by the building department to paint the building and or repair the the fascia and the sofits um the property is still in disre is still in disrepair um he's had multiple uh there's been multiple violations open against this property he has worked on some of them but as for this specific case nothing has been done all right uh I'm going to give you a couple of minutes Sebastian to respond to it I'm inclined to ratifying the fines and uh and and and and start collecting fines uh acing fines uh as of the netive abatement uh the inspector testimony is not quite the same as yours uh so tell me what if anything have you done with regard to the specific violations that uh are asserted here for which you were found guilty the specific violation that I got for this hearing which was for um painting and repairing the S that's the one that I've been working on um with some contract cuz I had a contractor that I used before but um he clearly gave me the runaround and I I I've already have two other estimates that I basically I'm inclined to do one with um one that I just got like two days ago in order to start submitting all the permits and everything to do those I told Jonathan this um about two or 3 weeks ago and yes I understand that I've been um a little late on the on the map matter but it's if you couldn't tell I've been I was in the hospital for about two and a half weeks I had pneumonia and I'm just coming back where where was your father no my father my father is it's he's here but he he doesn't do any of this anymore he's basically retired he and I I remember we spoke back in February but this it's the problem with this property itself why it's gone to this point it's because my brother-in-law which is enlisted in the LLC was the one that supposedly was taking care of all of this so I know I I know that Jonathan said that I did work in some of them and I have and I will continue to do so it's not that I'm I'm lying here he's seen it that I've done a a work on it and I will continue to do so I will um most likely Almost 100% sure will have the estimate approved already by tomorrow the latest so I can submit all the all that I need to submit um and however long it takes once I submit all the things and are approved I'll start work right away but it's not that I'm not doing it like I said I heard I heard I heard the same story back in uh February 7 no I I I I am not convinced that you have good excuses I believe that you're dragging your feet and I need to to keep your fee to the fire I'm going to ratify the fines wait no I'm I'm done I'm done with you I'm done with you now what's going to happen is that there's going to be a lean placed on your property and the city at some point is going to foreclose on your lean and you're going to lose your entire investment okay because I when my order when I enter an order I mean business I don't mean uh well my brother and he screwed it up and my father doesn't do this and I can't find a contractor and I had pneumonia to me that all all of that sounds bogus okay not that I don't believe you I just don't think that that you did everything I asked you to do so therefore and please you know listen carefully okay I am going to find based on the testimony that I've heard today um that uh please M uh mute the U uh the property owner I don't want to hear y every time I say something uh that the evidence presented uh shows that the property has been out of compliance since the compliance date of March 20th 2024 I find in favor of the city ratify the fines aced to date in the amount of $500 uh and uh per day the fines shall continue continue to run on a daily basis until there is compliance I assess costs uh in favor of the city and I authorize the imposition of a lean against the property and the case is over I don't want to hear anymore uh my orders have to mean something okay I mean business so let's move on to the next case all right no problem moving on we have another person here um again please forgive me on the pronunciation I have a yamet Hernandez if you can please enable your audio as well as your video you should have received the notification for you to be promoted to panelist hi I'm here thank you um Miss Y yila is yamet is EAS or yummy yummy okay if you can please raise your right hand do you do you solemnly swear and affirm that 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 yes I do all right yammy if you can please um advise us what case you are here for by letting us know the property owner's name uh property owner's name is hidden Waters Condominium Association all right thank you mad registrate that is item number six and seven on the agenda so I'll go ahead and read that into um to the case um item number six hid and water Condo Association Nicole Germaine um case number is fyb RR 2021 00144 this case was previously found guilty by magistrate Smith with an abatement date of March 20 2024 the fine was set at 500 per day plus the $100 cost assessment the officer on this case is shaie pressy ma'am uh please identify yourself for the record one more time uh your address and relationship to the property my name is yamiled Hernandez the address is 175 Fountain Blue Boulevard Suite 2g1 Miami Florida 33172 property address is 1860 Venice Park Drive North Miami Florida 33181 and I'm the property manager okay somebody's talking in the background please cease and desist um I can pronounce yamet I will uh no I'm I'm uh uh interested in uh hearing from you as to what the status is of the 40 or 10 year building re whichever it is 40 or 50 year or 10 year recertification uh are you in compliance we submitted uh the report we paid the fees uh we are currently we just passed a special assessment um payments are coming in and work is going to be commencing hopefully within the next 30 to 45 days okay uh I'm not let's worry about the work in a minute when we go over the next uh the next one uh but in terms of submitting the recertification report have you done that yes okay a building official do we have a uh a certification report filed on this property the report was submitted um on the 19th of this month I mean of last month um it is it has been rejected um the review process from the electrical and structal part it had comments from the 19 the electrical was revealed on the 22nd the struct part was revealed on the 29th both those was rejected and have comments that needs to be address so um as of today by the end of the day I will be typing up the information and sending that notice notice out for the repairs that needs to be corrected yeah the repairs will will deal with the repairs I just want to know if the report has been filed yes on the 19th of last month okay so does that does that mean that the violation goes away or it's not formally filed until until the oral the comments are responded to correct everything needs to be responded to okay so give me an example of a comment on your on the uh recertification report Okay so one of the comments was the thermographic report um they they needs to be they need to submit that so that's me they the infrared report needs to be submitted that part was missing um that's for the electrical portion and then as far as the structural part um as as per the structure report the building needs structure repairs missing the number of Stories on the number line so it's very small that they need to fix which are it depends on how fast they can move with their submitting a ther thermographic report and then correcting the structured Parts but they do need some repairs um the pairs are minor so I don't know how fast they're gonna be able to rep those permits all right so I guess what we're what we're saying here is that both violations are connected correct correct all right so what do they what do they need to do to what do they need to do all right to certify the violations because the reason why I still bring It Forward because this still this report should have been submitted since 2021 so they just came in to submit it like two weeks ago so that's why I still left it on the agenda because they not in compliance as completely in compliance because it's repairs and things items that need to be addressed so it's up to you to make the decision of if you want to you know remove it or move forward well I I I want to I want to know what they need to do two things they have that they haven't that they haven't done yet the thermographic report is missing that's a part of the report what report what report the thermographic report that's a part of the electrical report so when they submitted this report it wasn't a part of that report it should have been it should have been submitted and then the second part is just the repairs which when they if they would have submitted the report in time they would have had 150 days to complete those repairs but the report it's been going on what four years almost three years since they should have submitted a report this going back since 2021 okay my my uh agenda says that um uh they have uh dirt mildew and stains on the exterior walls is is that still the case uh Madame inspector or have they done anything to address magistrate that case is a different code officer that's officer Jonathan lestre uh Miss pressy inspector prey's um addressing case number item number six for the 40e okay so let's let's put a hold let's put a hold on on on number six and let me hear number seven and then I'll rule as to both of them uh y let I'll let you speak after I hear from the inspector please let me hear okay so that's item number seven hidden hidden Water condole Association um nson Germain mhv 2023 0173 previously found guilty by magistrate Smith with an abatement date of March 20 of 2024 finally set at $500 plus the $0000 cost assessment um inspector is Jonathan lestre uh Mr lestre um has has any work been done to address the violations no sir and there's no permit on file to uh paint uh the condominium as well since it's a commercial property they would have to obtain a permit from the building department to paint the property um nothing has been done okay when was your last inspection ction April 17th 2024 can you show me pictures of the condition reflected in your uh in the agenda absolutely all right so from the beginning I don't know if the pictures could do justice but uh the walls are dirty stained throughout the entire property how many units how many units are involved uh it's a twostory building um I I I don't know the amount of buildings I don't know if theet could share that with you if I'm not mistaken it's 67 I'm going to get you an exact number right now okay all right okay uh let me here from uh yamet and um it's been a long time this case was open in 2021 I found you guilty you probably heard what I said earlier about my orders I take my orders seriously you uh were found guilty in February and you were supposed to obey by March and the officer tells me that you haven't even gotten a building permit for a paint job or pleasure a pressure clean the exterior walls it seems to me from what I'm hearing that your Condominium Association is dragging their feet and they just don't want to listen to the city and don't care about my order what is your what is your uh position on all this um well we were we came in uh the last time we came into the magistry I was present with uh the attorney there was a problem with notifications that they were going everywhere as soon as I got off the phone we started looking for an engineering firm I got the engineering to go out there he did the report we went to the city to submit the documents we were rejected because we were missing um funds I requested the check we submitted the documents um which I was the question I was going to ask um Miss Percy I'm sorry if I said it wrong um you you said something about the structural report it was missing something I just didn't get it it was I think the story I just want to make sure because I was writing an email to the engineer right now okay so um the repairs that needs to be made on the building that's one and then the number two is the the Mi missing numbers of stories online number one I okay okay sorry thank you I just wanted to make sure so I could write it on my email um I'm also gonna um mail you out that um a copy of the comments um by the end of today okay if there's any chance if you could um mail it to the office I keep on receiving mail to the property and I know that we had we had changed the address have you changed it in some B and on Mi day County property apprais that's what I get the information from if I'm not mistaken let me I'll check some as I speak the mailing address does give it to my office yes so that's this is where I be mailing my information to okay that that's the information I have yeah this is um this has been already updated the suite instead of 1D it's 2g1 okay you say 2g1 yes but the same property address right there yes it's the same okay 2g1 I have it thank you no problem sorry um there there is no notice issue because you all appeared at the last Hearing in February so you you knew then what needed to be done so uh I'm not convinced that the condo association uh has been uh acting in good faith here I I appreciate uh jamet uh you're trying to put on their best you know best face and try to you know be helpful but I I don't I don't uh I don't like when uh condo associations just totally blow me off away you know and and and think that they can get away with it I I'm not going to let them get away with it they're going to have to do what they have to do and if they you know need need a special assessment or loan or we already did that we already did the special assessment so do is yeah I I hear you okay so I I I don't want any more excuses so what I'm going to do is I as to number six I am going to ratify uh the fines approved to date um and fine in favor of the city the fines AC to date are in the amount of $500 per day and assess cost in favor of the Cities the fine shall continue to run on a daily basis until there is compliance as to uh case number seven uh same ruling based on the testimony of the code enforcement officer and the evidence presented showing that the property has been out of compliance since uh March 20th of 2024 I find in favor of the city ratify the fines ACR to date in the amount of $500 I'm sorry yes $500 uh and assess cost in favor of the city the fin shall continue to run on a daily basis until there is compliance um unless the condos iation uh wants a a foreclosure of uh of these leans that the city is going to file they better act quickly that's all I can say and I know you've done you've probably done your best but you're you're dealing with a board that doesn't seem to understand how important this is so thank you again M Hernandez I appreciate it let's move on to the next case we're running out of time we want to finish this by two o'clock if we can all right moving on we have Louie I believe her son is available to assist her yes I'm here all right so please enable your audio and video you should have received the message to to allow you to enter as a panelist okay I I thought you went to work uh I did uh I had to come back uh she she was uh she was telling me she needed me we we've been on the zoom for like 3 hours we thought the case was dismissed but uh she said that it wasn't we haven't even gotten to it yet so we need you to enable your audio and video We There we go thank you all right um I'm sorry we are this is item number your mother's name is Margaret right correct item number 10 thank you so we go ahead and read that into the agenda item number 10 Margaret a case number ad case number c t a2023 0017 the officer on this case is jaru Millo Miss um ad if you can please raise your right hand and translator could you please also well well I guess Mr Louie you'll be translating for Mom right all right so if you can raise your right hand as well do you solemnly swear and affirm that 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 I do thank you janaro proceed okay so so um how do you pronounce your last name is it da or d d okay um and is it your mother that's there yes that's my mother what what is her name Margaret Margaret okay and uh you're the uh Margaret is the owner of the property at 905 Northeast 129 Street correct correct you've been cited by the city for tree abuse um packing Pat tracking uh cutting and properly cutting uh the a tree at that address um do you understand the nature of the charges um go ahead do you understand the nature of the charges um she said she uh called somebody to uh sort of like cut the branches because it was a whole bunch of leaves that leaves always uh fall on the floor and it's like uh she has to get it raked a whole bunch of times and so uh she had somebody come and cut the branches off um and when she did that uh go then she see that the person that that did the work didn't didn't do it the way she wanted them to do it leave leave that picture on there leave that picture on there okay yeah go ahead yeah let leave said leave the picture on there um so it was this uh lady that they sent her a letter she went to the city she uh called on the phone and they said that she was supposed to pay $48 88 no $88 V she went to the city and she spoke to a lady by the name of Mrs via she paid the money order of $88 because she they said that the the tree had died which the tree is not dead the tree is uh actually back to its normal condition okay what was the $88 for [Music] Cu uh uh the tree was cut wrong that's what the reason for the $88 and who did you give the 88 the $88 to Madame via Miss via okay at this point I you know I want to pause and I want to hear from the court officer I want to know uh anything about this $88 Dollar business what kind of tree is this is it a protected tree uh what is the violation and what is the fine that the uh City what is the width of the tree and what is the fine called for in the uh code uh section uh that deals with um hacking and hat tracking and all that other stuff yes your honor can you hear me so the $88 they're referring to is they apply right after the fact Tre removal permit on January 31st of 2023 but um I don't um Sony never closed this uh what I see that they only pay the fee um but I don't see here that they never got an inspection for an arborist or a permit was issue you you're not showing that a permit was issued yes you you didn't you didn't site them for that did you well I cited them for um for the tree of views because it wasn't properly cut um but they had to go to the zoning department and um obtain uh um and trying to mitigate obtaining the whatever they required them to do so I guess here they require me to get an after the factory removal permit which I see here on the note but um they only pay the fee um they never I don't see that they obtain an inspection and the uh permit um Still Remains open all right let me get some clarifications from you uh number one if it is it my understanding that a permit is required in the city of North Miami to cut down a tree of a certain size with some exceptions you can cut down a dead tree you can cut down non-natives I understand all that but to in general to cut down a tree like this you need a permit um yes your honor they would they need a permit from zoning which um at the moment when I was patrolling they didn't have the permit so that's what what what City Grant a permit uh in this case to do what did this property owner did with that tree so in the uh violation that's why I refer them to go to the zoning department and from what I see yes they visit the zoning department and they open up and they pay a fee for an after the factory removal which uh with that said I guess that then they were approved to get enough to the five permit to mitigate the violation but since January 31st um when they make the payment um what I see here they never got an inspection for marbus or or the permit was issue okay all right magistrate just I apologize um I did get in contact with CP and um Department so they put in an application January 23rd um for the hat rack and after the fact permit for the hack racking but just nothing was done after that so they need to reach out to CPN as janaro stated okay and for clarification when it comes to tribut typically uh it's considered a irreversible aair act in nature understand that I I was going to say that the ACT is done okay however the city was giving them the option to obtain the tree removal permit to remove the tree entirely as a means of mitigating this and going through the tree mitigation process as a means of of not finding the the property owner directly we're trying to work with the property owner instead of just issuing them a violation and and Stingily my my understanding of the process in North Miami is that this type of uh cutting uh is not allowed even you can't get a permit to do this you can get a permit to remove the tree altogether if it happens to be deceased or but that what I see in that picture is that something that that code believes is appropriate even abely correct even even with a permit you're absolutely correct it would be allowed that's why the permit is for the tree removal they would have to remove the remaining aspect of the tree that's that's that clarifies it because that that condition that I see in this picture has never been allowed in the city before absolutely with you can't even get a permit to do that that is correct that that's basically and you know lucky for the tree if the tree survive but in all likelihood that's not going to survive it may you know for a little while may give you some leaves but that that that that's not survival what happened here um would you like to see updated picture of the of the tree okay no no no wait wait a second well I you know I'm not an expert on trees but that type of cutting has never been approved by any City that I know of with or without a permit now having done it there's some consequences number one you got to pay a fine get a permit if you if if you want to put another tree there get a tree permit or to eliminate it all together and then you have to do what they call mitigation which means that you have to put up another tree at least as big maybe bigger am I am I misstating it Jose no that's on the gist of it uh we were just giving them the option as a means of bypassing the the fines since they do have to do the mitigation process if they did the mitigation process we would be more lenient and not uh impose fines we didn't want to double tap the resident okay uh and I appreciate very much what you're telling me because as I look at your code if the tree is greater than 36 in in diameter which this one appears to be I'm not sure could be 18 36 I don't know but at at 36 in the fine is $3,000,000 I'm sorry let them finish it's according to the code which I have in front of me 5- 2309 tree abuse prohibited uh it says that less than 18 Ines it's $500 188 in to 36 in $2,000 greater than 36 in is $3,000 and that's for a first offense but the second offense it's doubl am I reading the code correctly or am I just blowing hot air that is the Land Development regulation for the requirements for that um I do believe that the department of development services uh specifically zoning which oversees the tree mitigation has a little bit of discretion as it relates to the monetary amounts they could either have the pre repan or a new tree planted or pay the fine I believe they have the discretion of choosing or allowing the resident um that option all right uh so Jose um H H do you know how wide this tree is uh I I don't have that knowledge off hand um I I don't uh I I think as as a means of of of working with the resident I'm fine with with granting an adjudication and granting them more time to try to resolve the permit with the correct department um I don't want to hold it up too long um I'm also okay with with setting a minimal fine if any at all um but as long as they work with the the correct department and get obtain the after Thea permit I'm okay with with not having a fine imposed as long as we do have the adjudication if that's that's fine with your honor all right um I'm sure this was was done in innocently many people don't know that you need a tree permit and many people don't know that you cannot do to this tree what this contractor did uh leaving a stump pretty much so I will um I will uh go along with the uh this the city's um code enforcement officer recommendation um they they tend to be more on the lenient side than than I would be normally normally I would have assessed a very heavy fine but having heard uh from the property owners and and and being mindful that they did they didn't know better and they're willing to work with the city to try to address the issue uh Planning and Zoning may have some suggestions or trees that may be put in in Li of this one uh what I'm going to do is I am going to assess a uh a minimal F of $100 for the um uh tree abuse uh having been done without permits and without consultation with the planning and zoning department I am also going to uh do you want ratification or you you want a compliance date what I'll what I'll do is I will uh find in favor of the city uh on this violation in addition to the $100 fine I will give you a compliance date of July 24th 20 24 you have until July 24th 20 2024 to get the permit work with the city staff to determine how to address this issue in other words what the city calls mitigation maybe putting in another tree or more trees whatever the planning and zoning department decides is the right thing to do uh and in the event that you do not get the permit and comply with the city I'll call on you in a minute and comply with the city's uh request to address this issue of mitigation um there will be a daily fine of $250 until you comply okay questions from the property owner um the lady that originally came she took told us that we had two options to get a permit to remove it and plant another uh uh tree or pay a $300 fine the tree regrew it's just like it is uh it originally was so that's the reason she didn't remove it because the tree she didn't plan to kill the tree she just plan to cut the uh the the branches off so it at least give us some time where leaves don't fall on the floor but the tree is not damaged because the tree regrew back to its original condition so that's the reason she didn't remove the tree or plant another tree all right you address that with the tree people at the city as far as the $300 that you were told that you would be fine I gave you a break and I'm asking and I'm requiring you to pay a one-time uh fine of $100 not 300 100 but I am telling you that if you do not comply with whatever the city uh believes is necessary to address the issue and I don't care if the tree survives or doesn't survive it doesn't matter you have you have to satisfy the city's uh planning and zoning department as to what happens next whether the treaty goes or stays or whether you put in a new tree or do whatever you need to do you I'm going to give you until July the 24th to work it out with the city if you work it out with the city I will never I will never hear the case again if the city says you've got to do something and you don't do it by July 24th I'm going to start finding you on a daily basis uh I I believe I said $250 is that correct Madam clerk yes okay so that's that I mean that you you got off easy I was going to find you $3,000 by the way because that's what the code says that if you cut a tree this big you you have to pay a fine of $3,000 was going to be my initial reaction to it until the city came to your defense and said maybe there's a way to work this out without penalties to the uh property owner but I do want to establish the precedent that when you cut down a tree like this you're gonna you're gonna pay a fine yeah she didn't know that you you you had to get a permit to cut a tree in your own yard but then she was told not to cut but to to to to IM really she didn't cut the tree she just cut the branches off and she's the one that planted that tree what what she did is not allowed it's illegal okay and she's the one that planted the tree excellent even if it's her it's her tree her plant that she planted in her yard she still she still gets fine look the cities are very strict on tree cutting you cannot cut a tree you that's one of the that's one of the regulations that is in effect countywide even the county has a a tree ordinance every city every major city in South Florida has a tree ordinance and they all have pretty much the same requirement you cannot cut a a certain you know a certain tree bushes you know you can play around with small trees they let you know branches you can cut and you got a branch that's uh you know making uh is is a danger to your neighbor you can cut some branches but this W this went beyond just cutting a branch this this is basically the whole tree for all intents and purposes so I don't want to spend any more time on this you got a break because the the city was very nice to you so uh and I also gave you a break that you know your fine is $100 and I'm giving you until July to work out the permit issues with the city and with that we're going to end discussions if you have any other questions call The Code office next what the to the code officer thank you magistrate um the um one second the code officer's contact number is 786 786 498 786 49 give me a 5601 786 498 5601 yes inspector Melo inspector thank you have a great day as well all right magistrate how many how many more cases do we have I would have to C got quite a bit um Miss let's get rid of as many as possible because uh I I can't stay very much longer okay all right we just had one more individual Liliana Lopez who we've been trying to get her video working so I guess if if it's not working at this point we'll just have to either postpone or move forward with that case Liliana where is she she was just here I she all right perfect thank you um she's here for item number 15 and 16 njz 1215 Inc mhv iio 2023 01019 item number 16 n jz1 1215 Inc mhv 2023 01023 Miss Lopez if you can please raise your right hand for me do you do you solemnly swear and affirm the testimony you're about to give and these proceeding shall be the truth the whole truth and nothing but the truth so help you God please say I do we cannot hear you no audio there we go we can hear you please say I do okay I do thank you I swe I do the officer on this case is Brentley Daniel all right I have a feeling Miss Lopez that I've seen you before in we have seen each other before was it on this case no no okay uh this case uh involves two cases actually one involves um extermination okay I I think I lo okay I got it uh extermination violation the other one is uh repair lose tiles on the steps you you're aware of these violations are you not yes may I speak uh can you address whether you're going to fix I'm a matter of fact we did address other tiles that was lose in the property and today I have my worker there fixing that exact TI that uh officer Daniel showed us all right let me let me see the pictures on 15 first your honor um go ahead number 15 that's just for the um extermination report which Miss Lopez already provided so um there's no need to go um into that okay so corre violation how about the loose TI the the loose tiles all right just that okay that that I saw that picture before that shouldn't take more than a half an hour to fix no the guy is doing it and I'll send the picture to the officer today he's okay he's doing it right now correct I have my work there now okay I'm not going to adjudicate the case I'm going to table it if it's not uh done by uh May 22nd which is later this month then I want to hear it at my next hearing uh so if that's the only other case that we have then we're done thank you sir have a good day bye thank you officer you're welcome all right magistrate we're going to go and proceed with from the beginning item number one there's no no one else in no other attendee in the registry so item number one is 12773 West 6ie Highway L LC case number is cfob 2023 the officer on this case is janaro Millo why don't you read number two also oh yes number two is 12773 West Dixie Highway LLC case number is CCU 2023 00741 janaro is the officer as well okay first one is a business tax receip BTR the second one is a certificate of use do they have it or they don't no they're going your honor all right and you proper notice yes your honor have you spoken to the owner no you're onor all right I would uh suggest that you know whatever notice you give uh I don't know whether you notify the registered agent or the office or the corporate address or the president or whoever it is um even though it's not required some you know I I think it's it's also important that that you provide notice to uh you know at least one other source I'm not requiring you to do it I'm just telling you from experience that sometimes the registered agent has changed or the uh uh number the name on the on sunbiz or the name in Tallahassee maybe or the county may be different um so I'm just just suggesting that uh and and I have no problem with what you're showing me I I accept the fact that you did everything properly but uh sometimes you got to go a little extra step if you really want to get their attention I hope that my uh order will will certainly get their attention I would uh definitely send it to as many people you may want to send it to the if this is a code uh if this is a condo maybe the president of the condo association or secretary or somebody there um anyway as to both cases uh the order will be identical uh based on the testimony of the city's code compliance officer and the evidence presented depicting that the cited violation still exist proper notice has been given I find in favor of the city set an a judication uh enter an adjudication and set a compliance date of June 20th in the event of non-compliance there shall be a daily fine of $350 until the violation is committed this is as to uh case number one and case number two okay next case we're going to call is item number three cristelle enterprise LLC case number is fybr RR 2023 000021 the officer on this case is shaie prey all right Officer um wait hold on one second I'm so sorry this is a a 40 or 10 year recertification property address 13499 biscan Boulevard they not in compliance yet they're not in compliance have you had any conversations with them um I posted notices they have not responded into any notices I saw not posted on a property send it out certified meil nothing yet okay um all right uh based on the unrebutted testimony of the code officer and the evidence presented depicting that the cited violation still exist proper notice has been given I find in favor of the city entering adjudication and C A compliance date of June 20th in the event of non-compliance there shall be a daily fine of $350 until the violation is evaded I would encourage the uh building official if uh we don't have compliance by the uh the time that I've set forth that perhaps uh uh an application before the unsafe structures board might be appropriate uh and if necessary uh full demolition of the property in the event that the unsafe structures board deems it necessary I'd like to stay on top of these 40-year recertifications uh post Champlain Towers I don't want a collapse to happen on my watch so um with that said I'm ready to go to the next case item number four Forest Place LLC case number c MHS 2022 0473 previously found guilty by magistrate Smith with an abatement date of June 15 2023 F set at $500 plus the $100 assessment cost and item number five Forest Place LLC mhv 202200 432 uh the officer on this case is Christopher Coulson Mr Coulson uh compliance with either one good afteron uh no compliance with either one okay now I noticed that there there's two uh I guess there's two two elevators that are not subject to that that that have not complied or two two elevators violations I'm sorry y yes two elevators and two different buildings same property but two different buildings okay have you made an effort to contact the owner or the manager I've been in contact constantly with the property manager the secretary the property manager secretary back and forth we gave him several extensions they had a company before working on it company fell through and their rebuttal basically was kind of it's something to do with the owners so at this point I told them I've done all I can I can't hold y'all out of court anymore I'm going to bring y'all before the magistrate thinking hey we'll get that I said y'all already been before one time thinking that'll get them here today to say something else but nobody's here to represent them today okay I did a little research and uh which you provided for me uh sunbiz chose John brunetti as manager if uh if if if if memory serves me right uh the brunetti family owns or used to own high a racetrack so I understand the older brunetti has passed away and there may be some issue with the estate but I would I would suggest that uh you send a copy of my order to the brunetti family okay uh uh and see because they they have the ability and the and the resources to deal with these issues and the fact that they may not even know about it may be the reason they're not responding but I would contact the brunetti family and and and maybe their counsel and and and tell them that we're about to lean the property okay all right same thing uh I guess with the four and five are the same so uh based on the uh unrebutted testimony of the city's code enforcement officer uh the photographs and evidence presented showing that the property has been out of compliance since the abatement date of June 15 2023 um well that's ask the number four number five has there been an adjudication on number five I don't think so no no adjudication on number five just number four this is only on on number four oh uh on number four I find in favor of the city ratify the fines ACR to date in the amount of $500 and assess cost in favor of the city um the fin shall continue to run on a daily basis until there's compliance as to number five uh I will uh say that um the testimony uh supports the city's position I find in favor of the city enter an adjudication and set a compliance date of June 20th 2024 in the event of non-compliance there shall be a daily fine of $350 until the violation is abated okay thank you all right we're going to move on to item number 18 Paula Castillo case number cbpr 20 22713 previously found guilty by magistrate Smith um with an abatement date of October 19th of 20123 f set at $500 plus the100 assessment cost the officer on this case is Christopher nobody present on behalf of the owner no no I'm showing willfredo Castillo as the uh owner maybe no that Paula Castillo Paulo Castillo is what I have here okay all right uh any compliance no that would not with this one they had two different they had two uh they had other violations they have complied with and they had another one they had to get a permit for they have got received that permit for that for after the fact this one is still outstanding for after the fact I did reach out to him I did properly notice him I didn't hear anything back on this one that's why I bought them to court but they did read the after the fact for the other one but not for this one it's pinned it's in the system they did something but I get I didn't nobody reached out and talked to me this time I check they should have been here based on the unrebutted testimony of the city's code enforcement officer and the evidence presented showing that the property has been out of compliance since uh I guess uh baitman date was October 19th I F in favor of the city hereby ratify the fines approved to date in the amount of $500 says cost in favor of the city authorized the entry of a lean and the fine shall continue to run on a daily basis until there is compliance all right Perfect all right moving on to item number 21 and 22 Ramona sendino s sedino case number cbpr 2023 000798 previously found guilty by magistrate Kazo with an abatement date of February 21st of 2024 F set at500 plus the $100 cost assessment case number 20 item number 22 Ramona s sedeno um case number is cbpr 2023 z799 previously found guilty by magistrate Kazo with an abatement date of February 21 2024 F set at $250 Plus $0000 cost assessment this case is the officer on this case is Christopher Coulson any compliance on either one 21 or 22 at this time your magistrate there is no uh compliance on 21 or 22 okay uh I'm going to first order will be only as to 21 because the fine is different okay uh based on the unrebutted testimony of the city's code enforcement officer and the evidence presented uh reflecting that the property has been out of compliance since February 21 uh 2022 I find an favor of the city hereby ratify the CRI the fines approved to date in the amount of $500 and assess costs in favor of the city the fin shall continue to run on a daily basis until there is compliance as to number 22 uh based on the testimony of the unrebutted testimony of the city's code enforcement officer uh the evidence presented uh showing that the property has been out of compliance since uh February 21 2023 four I find in favor of the city and ratify the fines approved to date in the amount of $250 assess cost in favor of the city the F shall continue to run on a daily basis until there is compliance okay the next case we are going to call is item number 23 through item number 2 9 so item number 23 Royal Palm apartment LLC mhv 2023 883 item number 24 Royal Palm Royal Palms Apartment LLC mhb 2023 000884 item number 25 Royal Palm Apartments LLC case number is mhb bio 2023 885 item number 26 Royal pal Apartments LLC case number mhv 2023 887 item number 27 Royal Palm apartment LLC case number mhbo 2023 888 item number 28 Royal Palm apartment LLC case number mhv 2023 00 889 and item number 29 Royal Palm apartment LLC case number is mhbo 2023 00890 the officer on this case is janaro Melo okay let's start with 23 um repaint or pressure wash the entire property uh including all doors you want to show me some pictures give me one moment since all of them they were um Serv as the the same date yes one moment me get access share screen while while you're at it if if all the pictures that you're going to show me relate to all of the violations show them to me one time so I don't have to go through this every case because we have a whole bunch of them and Okay so each case has um depending on the officer they're they probably um put a different picture for each case so I'll just open them as he go through them so you'll see all the pictures all at once okay and while we're seeing the pictures the officer can go ahead and tell me what what the violations are let's go through the whole uh list of be beginning with 23 all the way down to beginning with 23 all the way down to 29 is that it yeah 29 yes yes so this is the photos for 23 all right U Mr uh Cod officer go ahead and tell me what uh what the pictures show you sure that's on 23 23 let me go back again me click on it just to make sure I could have went Yep this the one I have for item number 23 keep going now just in case keep going okay that that should this case the one that you're showing should be 24 item 24 number 24 let me show you you have for 24 well 24 has to do with sofits and fascia boards the pictures you were showing me were okay that's that's what I saw cuz some of the photos are duplicated this is 24 that's 24 oh I'm sorry so then I had the uh I 23 is is paint and pressure wash okay okay I'm sorry I I I I put the wrong note here okay so we're back on 23 just so you know okay so for item number 23 uh this all these violations um were open into the property are just 12285 Northeast um 5 Avenue um this was what I was conducting an ano housing inspection on March 1st of 2023 so for item number 23 uh they were cited for um to well they were they were cited to not having pressure wash or painted the entire property um can we go to item 24 um your honor can I keep going yeah I I already saw the sofit show me the fences and the walls yes so for item number 23 it was to take the necessary action to repair the theator U theator office and facial boards item 25 able to replace or remove the damage fence the back show me a picture of the fence please on this magistrate not to interrupt um but I just received a call that the the property owner is on the phone for this case that's not good enough he has to he has to be here live no problem thank you we'll move on go ahead so this is up for the damage fin on the back of the property for item number 26 they have now provideed uh proof of a recent extermination report for item number 27 um uh they were found in violation for repaint the laundry room repaint the laundry room for it number 28 um to obtain and after the fact build a permit for the stockle work that was done on the back of the door of unit 6 and on the roof of the back unit as you can see and for item number 29 it was to remove all the trash um scatter on on The Back Fence for all these items uh I had a reinspection a final reinspection of April 17 of of 2024 where there has been no compliance the notice to appear was posted on April 4th and it was mailed on April 16 of 2024 is the uh on on um 29 is the trash still there yes you're on and the fence hasn't been repaired either no you are okay okay I've looked at each one of them individually and we'll start with number 23 based on the the unrebutted testimony of the city's code compliance officer the photographs and the evidence presented depicting that the cited violation is still exists prop magistrate you froze I'm not sure I'm I'm moving okay you're okay there we go okay um I don't know something happened to my internet for some reason hang on just one second may maybe I can get my internet to do a better job okay anyway uh as I was saying uh item 23 I find for the city enter an adjudication and set a compliance date of June 20th in the event of non-compliance there shall be a daily fine $350 until the violation is abated on number 24 uh based on the unrebutted testimony of the city's code compliance officer the photographs and the evidence presented depicting that the violation still exist proper notice has been given I find in favor of the city and sent an adjud an abatement date of uh June 20th in the event of non-compliance there shall be a daily fine of uh see you're talking about sofits and fascia boards uh $250 until the violation is abated uh number 25 um I find in favor of the city enter an adjudication and set a compliance date of June 20th in the event of non-compliance there shall be a daily fine of $500 until the violation is abated uh those fences look awful um and they need to be fixed uh I'll tell you what and I'll I'll set an abatement date of May 22nd on the fences and if they're not fixed by May 22nd the fine will be $500 on 26 extermination uh violation um I find in favor of the city enter an adjudication and set a compliance date of May 22nd in the event of non-compliance there shall be a daily fine of $250 until the violation is abated uh and all this means is that just get a report from an exterminator that there no rats and the verman it's not a big deal I don't know why people take so long to uh do these annual housing inspections uh finally on 20 no not finally 27 uh based on the unrebutted testimony of the city's Cod favor of the city enter an adjudication and set a compliance date of May 22nd in the event of non-compliance there shall be a daily fine of $350 until the violation is Abad on number uh 28 28 which is an after the fact uh building permit for work done on the back door of unit six I find uh for the city enter an adjudication and set a compliance date of June 20th the event of non-compliance there shall be a daily fine of $350 until the violation is abated on 29 which is the trash uh in the back of the uh fence The Back Fence uh based on the testimony of the city's code compliance officer and the photographs and evidence presented showing that the violation still exist proper notice has been given I find in favor of the city the enter adjudication and set a compliance date of May 22nd in the event of non-compliance there shall be a daily fine of $500 until the violation is evaded and that concludes that particular property yes um hang on one second um I know the the owner called uh I can't take a phone call he has to be present I would also encourage the code officer to if he has hasn't done so to also um uh contact the registered agent do do you normally do you normally um uh serve the registered agent uh on these cases you do yes you okay because I'm I'm showing a Carlos De La Osa CPA I believe he's an attorney uh he's the registered agent I just want to make sure that the registered agent is aware of it also okay all right let's move on all right the next item on the agenda is item number 30 Sans Susi condos case number CCU 2023 0749 the officer on this case is jaro Millo all right yes so this case this case was open on January 18 of 2023 to the property a is 11930 noreast 19 Drive um the case was open for not having a certificate of use um as my final inspection of April 17 of 2024 there has been no compliance order to appear was posted at once mail on February 4th and Fe I sorry j April 4th and April 16 of 2024 okay again here uh when you deal with a condo association sometimes the right hand doesn't know what the left hand is doing you have managers you have board members you have officers you have individuals uh the more uh information you send them the the more people you you reach out to the better chance you'll have of compliance so uh don't you know don't be shy about serving everybody and put the pressure on the board to act and and comply because they're a disaster some of these condos based on the testimony uh the unrebutted testimony of the city's code compliance officer and the evidence presented depicting that decided violation still exists proper notice has been given I find in favor of the city enter adjudication and set of compliance date of June 20th uh in the event of non-compliance there shall be a daily fine of 250 until the violation is Abad all right magistrate that does conclude thank you everything on the agenda for today I am uh relieved uh it took a little longer in some cases uh but uh we had some technical issues on others but finally we were able to do it within a reasonable time I will see you soon when you're ready let me know and I'll go ahead and sign the orders uh to the director um I'm happy that I'm working very well with the department and that everything is being done and handled very professionally and I appreciate your uh professionalism all of you you're great I wish other cities would do the same good work and diligence uh that that you all do and uh trust me when I tell you uh I'm I'm having I'm having a conversation with the mayor of the city within which I live on Friday and I'm going to tell him that he needs to have his code officers follow the same professionalism and due diligence as you all do thank you thank you you you are far and away a better Department than the department that uh that that that I deal with where I live so anyway have a great rest of the day see you next time thank you man great thank you bye bye