the municipal code the old code violation hearings The purpose of uh this hearing is to determine if a code violation exists on your property as observed by a city code
enforcement officer The city is not able to approve its case then I will dismiss it and you may leave The proceedings are being recorded So all persons who are speaking should do so one at a time to ensure that all
the testimony is recorded If English is not your primary language then please inform me when I call your case because we have translators and interpreters who will uh
assist you during the proceedings When your case is called the property owner the agent for the property owner and any witnesses that you may have should announce yourselves and when asked please speak
directly into the microphone Make sure that you speak loud and clear State your name spell it your business action the property Okay if you're not the property owner or an attorney representing the
property owner then you will have to bring or have with you um an affidavit uh notorized power of attorney affidavit so that your testimony can be heard on behalf of the
property owner For new cases you will be asked if you are aware and understand the violation that is being heard today and do you understand what is required to resolve the
violation please answer uh the questions accordingly The city will present the case first Then the property owner violator will be given an opportunity to testify on his or her own behalf You can bring uh forward witnesses to testify
You can present evidence and photographs and any other evidence that I mean that I deem to be relevant to the case May of course also cross-examine the witnesses for the city Following the case presentation I
will issue findings of fact If I find that a violation of city code exists or existed on your property and depending on the case type I will set an abatement or compliance date in which the violation must be
resolved For repeat violations I will impose a daily fine amount For new non-re repeat cases my order will include an abatement date by which you must resolve violation and a daily fine uh thereafter
that I may impose at a future hearing should the violation not be resolved by the abatement date If I find sufficient cause to postpone enforcement action at this time I will table or continue the case to
another hearing date in the future If you do not agree with my findings of facts or my ruling then the property owner may appeal the administrative order that I enter to the circuit court of Miami date
county An appeal must be filed within 30 days of the entry of my 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
this at these proceedings person will need to have a transcript or a record of these proceedings Otherwise the appellet court will not be able to hear the case This record includes the testimony and evidence upon which the appeal is to be
based Cost of obtaining the verbatim record shall be the sole responsibility of the appellant And it is recommended therefore that persons who plan to appeal their case provide for their own court
reporter uh record these proceedings Pursuant to city code if the city of North Miami prevails in prosecuting a case before the special magistrate the city shall be entitled to recover all costs incurred in prosecuting the case
Current cost assessment is $100 per case Once the city records an order that uh imposes a fine and authorizes the um filing of a lean against the property the city will then
charge additional administrative fees to record and release the lean So uh at this point I'll turn it over to the clerk or whoever is going to do the um the uh I guess we're going to do the
pledge of allegiance first Yes At this time we'll go ahead and ask the officer to um do the pledge of allegiance if everyone can enable their videos Yeah we got to see every one of them Um Inspector Pressy we have
um We'll do the officers first and then we'll do the interpreters Yes All right Officer Carter Okay everybody place your hands over your heart please I pledge allegiance to the flag to the flag of the United States of
America and to the republic for which it stands one nation under God indivisible indivisible with liberty liberty and justice for all Next we'll swear in the officers Please raise your right
hand Do you swear or affirm that the testimony you are about to give in these proceedings will be the truth the whole truth Nothing but Put your hand up Nothing but the truth If so say aloud I do I do Thank you
Do we have the translators here if so please enable your video and audio Good morning Brenda Um do you know if your uh the Creole interpreter is here as well no Okay Um we can't hear you Brenda
but we'll go ahead and administer the oath to the Spanish interpreter Go ahead Erica Okay Please raise your right hand 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 You Thank you Can you hear me better now yes Thank you All right I'll go ahead and um do the instructions Good morning and
thank you for participating in today's special magistrate hearing I will review the process by which today's hearing will be conducted Make sure your device is muted at all times unless you are giving a testimony on a case If you are
using two devices to part participate in today's hearing be sure your audio is only enabled on one device When your case is called if you are signed into Zoom you will be you will receive a notification giving you access to the audio and video so that you may give
your testimony If you are physically sorry if you are physically at the city hall and wish to give a testimony you must sign in with the code clerk and await a text message indicating your case is ready to be heard Upon receiving your message you
should immediately come to the code compliance office to be provided access to a computer If you would like to speak on behalf of a case once the case is called you should click the raise hand button to be acknowledged Before giving
your testimony on your case please state your name property address and relationship to the property If you wish to have an interpreter assist during your case please indicate that when your case is being called Magistrate that does conclude the instructions
Um so we'll proceed by giving you your abatement dates Okay Go ahead All right Your 30-day would be May 16th Your 60 days will be June
16th and 90 days will be July 18th There are no amendments to the agenda With that being said we'll go ahead and start with item number 13 on the agenda
We do have quite a bit of um attendees here for this case as well as an attorney Christopher Crystal Wag Wagger um I believe who is the attorney for Citadel Correct Miss Wagner Thank you
Madame Clerk I am in fact not representing the Citadel in my attorney capacity and John Lucas will be representing the Citadel this morning All right Um magistrate how would you like to proceed as far as the attendees
um they're all here Um so you let me know if you want to hear everyone so I can allow them access And how many how many are there uh at this time we
have six Okay And uh are they residents neighbors who are they they could be residents um witnesses that can you know we we will start with the witnesses and we will uh
make sure that uh there is no repetitious testimony uh just uh address the issues in the case and um we will first uh ask the owner or the
owner's representative to identify himself or herself So we'll go ahead and start Let me read item number 13 into records Item number 13 is Citadel Plaza LLC Case number is C N US
202400297 The officer on this case is Jonathan Lamestre Um for the attendees I have sent you an invitation to become a panelist if you'll just uh enable your audios and videos All right So uh what the way
we're going to do it is um we're going to ask that the code officer uh set the plate and tell me what the case is all about present any witnesses um
testimony documentary evidence and uh then we'll let the u the owner of the property and any witnesses that they might have uh testify and um we'll allow uh a
limited number of uh witnesses uh that have factual information Uh this is not a public hearing This is not the commission This is a special
magistrate hearing and so uh opinion testimony will not be admissible So let's start with the city Okay Mistra there are some evidence that the city does have Unfortunately the files were too large for me to send to you via
email So I do have those here Um Jonathan Inspector Lamester when you are ready for those you'll let me know Yeah Before before the inspector starts I see uh Ruth Asdo uh for Eileen Bikaba Uh can you
please identify yourself good morning Attorney Ruth Asave for Eileen Bikava one of the owners Okay Good morning Magistrate All right My name is John Lucas and I'm here on
behalf of Citadel Plaza LLC Lucas are you an attorney i am an attorney and I'm representing Citadel the owner at the So you're you're uh you're acting as co-consel Uh no Miss Asavdo is uh is representing Miss Aaba I
am representing U Citadel and Miss Wagner is also here not in her capacity as she clearly indicated um not in her capacity as an attorney Okay All right Um I did have a question
for procedure Yes Um if I might ask uh we were are requesting a continuence of this matter At what point do you wish to address that request let me hear from the officer first and then I will uh call upon you uh and you
may uh present argument on uh why you need a continuence This uh case uh was filed uh in 2024 Um okay let me let me hear from
the office Morning everyone Good morning Smith My name is Inspector Jonathan Lamestry uh from the city of North Miami Neighborhood Services Department I'm here to provide testimony regarding regarding the storm water management system uh installed at the
Civol Plaza located at 13400 Northeast Third Court This case was opened in December 2024 um due to several complaints from residents uh in regards to the Sodto Plaza not retaining the storm water um
coming from the property meaning the storm water is flowing into northeast third court Uh the background of this is that the plaza the zero plaza uh project was originally approved by the city with the understanding that it would meet all storm water retention requirements
However subsequent evidence including video that we have include including reports from our staff and observations by the neighboring property owner has ra has raised concerns regarding its performance It has been noted that the system is not retaining water on site as it should during storm events
Specifically the system is required to retain all storm water generated by a 25-year 3-day storm event per city code Recent observations including one as recent as this past weekend have documented water spewing from the property from the CO
Plaza into northeast third court suggesting that the system may not be functioning according to the approved design parameters The city's requesting for an engineering evaluation Um again in light of these concerns the city is requesting that the plaza owner to the CO Plaza
provide an engineering report to the public works department This report must include a detailed analysis of drainage calculations comparing pre-development and post-development conditions based on its 25-year 3-day storm event and verification that the storm water is being fully retained on site under the
specified storm conditions Uh Magistrate Smith we do have video evidence of one um where an event where it was raining and the storm water is flowing into northeast third court whenever you're ready to see the video by all means Okay Thank you Uh Mr Officer when was
this property coed um we issued the I'm I'm sorry sir Can you say that again uh when was this property uh coed when was it approved by the uh city uh for um
for for operation i want to say about eight years ago Um it's not it's not a new building No it's not sir Okay Um have reviewed the video They're in the
file I don't think you need to show them I I saw it I um I hear from the attorney uh representing the uh building owner Mr Lucas Yes sir Thank you very much Okay Is the building owner
Citadel Plaza LLC yes sir Okay Now this is the the first time that this case comes before a special magistrate Is that correct Mr Officer yes sir Yes sir Okay
Um so M Mr Lucas uh tell me why you want a continuence Well specifically to respond to the inspector in the city of North Miami's request for an engineering report and or study Um respectfully this is the first
time I'm hearing of the level of detail that was articulated by uh the inspector in terms of what is needed and the continuence would enable us to undertake to obtain the engineering study necessary to u address the concerns that
have been expressed by the neighbors as well as the city itself Does anyone know the um the problem what the problem is why is this why is the water not being retained within the property does
anybody have any idea as to why that's happening that would be pure speculation Okay We don't want to speculate No sir Okay Um normally uh the way the system works
is in a situation where uh we have a first offender coming in uh cited under the code uh if they're reasonable grounds to uh to
um defer the item and give you a little extra time to comply with the city's request uh we are normally uh amanable to that Uh how much time do you think u your engineering uh people will will
have and uh what what is your timeline as far as getting it fixed i I saw the problem Uh kind of unusual I have not seen that before Uh where water just bubbles up the drainage system into the into the the public right away What what
uh you think how much time do you think you'll need my request honestly would be uh for 90 days at the max Uh if we can have it accomplished sooner we'll certainly notify the city Okay Of having
However you you uh Mr Lucas you do recognize that there's a problem that needs to be corrected right i understand there are allegations of a problem that the neighbors suggest originates at this
property that needs to be corrected Uh but I certainly don't want to suggest that there is any admission that there is a problem that is being generated from this property per se I think what we should do is take a look at it from an engineering perspective and address
it uh in in that fashion Okay Has has this happened before how long has this been going on i can't speak to that Okay I'll wait I'll I'll let I'll let the the w some of
the witnesses testify Do you have any um Miss Asavdo who do you represent i represent Eileen Bava She's one of the affected properties She would like to make a statement
I'm also Okay All right Uh uh so Eileen Bicada uh on the first of all I want I I want you to tell me uh if if you um agree or oppose giving the property
owner time within which to secure an an engineering report if and then and then make if if uh if it's his responsibility um you know sometimes it's the city's responsibility uh depending upon where the rightway is Uh
but I want to hear from you and tell me what what you uh would like me to do Thank you your honor I would like you to deny the request This owner knows about the problem We have complained about it since the citadel was built in 2018 We
have been through hell since 2018 The flooding started when the citadel broke ground in 2018 They have gone they are all tremble who is on here has gone
before this council before numerous times on many other things including other developments that he has and they by the way let me let me let me stop here let me stop let me stop right there You've been sworn right no I not yet Okay why don't we swear
swear her in and then we will um incorporate whatever uh comment she just made and and you can repeat yourself if you'd like just so that we're clear All right Eileen Bakaba 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 I you may continue Okay I opposed to
giving this um company um an extension They are they have been perfectly aware of the problem since 2018 The flooding on our street started
when they broke ground We flooded the entire time of the construction and we've been flooding since the construction post construction We have complained numerous times um on um I don't know if I'm allowed to
bring in other cases where even though the city had not signed them but this was No we're only we're only allowed to talk about this violation Okay So they are aware of it sir Even though the city
had not cited them the the defendant has been perfectly aware that the entire neighborhood have complained against uh and have been complaining about Leave that right on there Leave that Leave that picture Okay The property The
property is on 135th Street basically or 134th Okay The property is at the corner of 135th Street and Northeast Third Court I am the house immediately to its south adjoining it on the south What's
your address 13350 Northeast Third Court And water has been coming from this development from the very inception And this they are perfectly aware of
this because we have complained before council We have complained to agnosium I have posted stuff on social media I have been we have tried to get a word out We have done everything we can to get this solved and 8 years is long enough It's
not fair to ask us to wait any longer Okay Well uh this is the first time the case is before me and you know whatever happened at the council meeting I I'm unaware of it Um I have seen I have seen the video
I have seen the water Um and um we'll get to the bottom of it uh in uh in a few minutes as I as I hear uh from the code officer uh and others Mr Officer what is the
um do you have a a reason why this is happening any uh let's say has the city public works department rendered any uh opinions one way or the other so public works um the building department we're all aware of what's
happening at the Sed Plaza Um again all we're asking for from the Sodto Plaza LLC is just to provide us with an engineering report stating that the water retention is working at the property But as you could see from the
videos that you've seen and the photos um water continues to flow into Northeast Third Court which is causing a nuisance uh to the property Is this regardless of whether or not it rains or
but where's the water coming from when it rains um whenever there is a rain um occurrence um this past Sunday for example um uh it was raining uh pretty heavy and one of our inspectors not me but one of our inspectors from the city
went out there and saw that water was um flowing into third court Okay Is there anyone from the building department that wishes to testify on this case and building official is not present okay Uh let me uh let let me ask
uh let me ask one of this is a commercial Is it a shopping center correct sir Okay Uh and this has been going on for a while then Um according to residents and eyewitnesses Yes Okay How uh how soon do
you want that engineering report um tomorrow As soon as possible of course But um you know we're you know if it's up if it's good with the director and our city
attorney Um 60 days We're willing to give 60 days uh for an engineering report but Okay Madam City attorney I uh I like to hear your your thoughts on it um hearing is how um officer lamestry is requesting 60 days for the report Um
what we would ask is um actually 30 days from our standpoint We would want to see that report sooner so that at least the city's engineers would have an opportunity to review that report before um providing testimony on this case
We would like an opportunity a 30-day opportunity to look at that engineering report from an expert standpoint Okay I I I do know enough about construction and building codes to know that it is
clear black letter law that all drainage needs to be contained within the property uh particularly now where people are building up uh four or 5 ft higher than grade and there's some homes that are
older that are uh lower Um the uh building officials throughout Miami date county are making sure that there are sufficient measures and means in place to drain all of the excess water whether
from a paint event uh broken pipes any any any anything that might cause a um flooding problem to make sure that that water goes directly into the city um water system Uh
um so um is there anyone else that wishes to be heard on this particular issue and nothing else i would simply wish to respond if I may Yes you will But I want to give the
whoever is here as a witness uh the opportunity first to uh give their comments uh on uh on on on whether we should uh continue not continue how much time to give you because obviously you can't you know you
you don't have the report you need to go and make it and we you need to identify what the issue is before you resolve it So any anybody else i heard six people wanted to speak Anybody else if not um uh I will let the um
property owner's attorney Mr Lucas tell me uh if um if he has any uh problem with a 30-day deadline I I do uh your honor and the reason is is we've heard for the first time today specific criteria that
was articulated by the inspector in terms of what they would like to see in an engineering report Uh as you well know we need to engage the engineer We need to identify the source information that is going to be studied not just physical uh inspections on site but
actual documentary evidence that is going to be held within the repository of the city of uh of North Miami I do understand that there is an infrastructure study that has either been done or is currently in process by the city of North Miami which I think would be an important piece of evidence
uh or information rather for any uh engineering discipline to uh to want to study uh given the fact that we have a property that was fully permitted a property that has been developed some eight years ago and we're hearing now
that uh there is a approximate cause of flooding emanating from this property as opposed to any other sources that may be contributing to that particular result These are simply allegations There's no engineering studies that have been provided by the city by the inspector by
respectfully Miss Picaba or anybody else at this point And if our engineering study is going to be the first study that is going to be addressing this I think we should do it correctly My theory is we should always measure twice cut once Let's get to the bottom of the
uh of uh the facts themselves We're going to need sufficient time 30 days is simply uh insufficient time to have an engineer conduct a study particularly when it is going to entail having to look at this body of additional information that is out there
Uh my um my hesitation um is that this has been go according to the witness It's been going on a long time Uh I'm not going to ask you to respond to any allegation You're not a fact witness You're not an expert You're
not an engineer But evidently there has been water um coming out of the drainage system into somebody's uh property and also um out into the rightway And if if it is
uh I if I believe the witness that it's been going on for eight years I'm I'm I'm disappointed that nothing has been done during the time that this has been going on And this is no reflection on you Mr Lucas You're the attorney If I'm
the property owner and this has been going on allegedly for eight years believe me I would have done something the first year resolve it Uh so and the fact that your client is not present is
um is is concerning because I could have had those answers uh from a fact witness who who knows the property Um I don't know how long it takes to hire an engineer I you know I I haven't hired one in a
long time Um I'm sure that you had engineers when the property was built I'm sure that the property owner has uh the wherewithal to locate an engineer that that specializes in this particular problem
Um so um I want to do it as soon as possible but I want to be realistic Um I I know engineers architects contractors have other jobs Uh it may take a couple of weeks to
retain one and it's going to take another couple of weeks for that engineer to even go out and inspect the property and determine the source of the problem or what what needs to be done to mitigate it So I understand uh that you
need more time but uh to me this uh it is close to a uh a light safety issue Um let me hear now from Ruth Asdo and see if she if she has a problem with a
60-day extension to to get the engineering engineering report so that they can fix the problem It doesn't it doesn't help case if I say 30 days and they can't even get an engineer do a report within 30 days I want to I I want
to make a decision that makes sense So uh Miss Asavdo uh representing your client Miss Picaba um what is what is your um what is your recommendation
i am in agreement with everything you said before I am not sure We had an engineer We hired an engineer We have our own private lawsuit going on at the same time So it didn't take that long We hired them within a week They are
running their own erh test I I can't say if 30 days is enough I know 60 may be too much Maybe 45 somewhere in the middle I don't But we need this handled Our client needs to have this resolved and it needs to move forward So that's
where we stand today Okay Where does your uh lawsuit stand right now it's in the beginning stages It's uh we're in the process I believe of motions to dismiss and that stage What what motion was
dismissed no we're we filed the complaint They filed a motion to dismiss I believe it's going to be heard uh soon Yeah Couple weeks In a couple weeks So that's where we stand right now Okay Uh madame city attorney uh in in in prior
cases that I've had over the years uh when there's a lawsuit going on uh what happens to the uh code enforcement process is is there will the court enter a stay will the court uh act independently what what
is your uh experience with regard to that issue uh so from my understanding the lawsuit in question is one in which the city is not a party It is a private lawsuit between a the resident and the uh
property owner for the development Um so those um those two processes will will will not run a foul of each other Right so our code enforcement case stands independent and alone and there there
should be no impact from the private case on the city's case Okay here here's what I'm going to do I am going to try to split the baby and say that
um I'd like to see an engineering retain an engineer retained retained within 30 days Okay Um and I want the engineer as soon as
retained as soon as the engineer engineer is ret is retained I want him or her to um issue a report reflecting what is wrong and what is it going to
take to correct the issue Okay I'm going to hear this case in 30 days Um I am not going to impose any fines
uh at all until I hear from the property owner that an engineer has been hired and that there is a methodology to to fix it So what I'm going to do is I am going to
um give you an abatement date I'm going I'm going to uh because it's been allegedly according to the witnesses that spoke I'm not going to I'm not going to grant the continuence The motion for continuence is denied My uh
ruling is that um based on what the code officer and the witness have testified to um I um inclined to believe that the violation exists Not going to rule today
on whether or not a violation exists until I hear more Um and um we will bring this case back on May 16th and uh at that time I will take
into consideration whether or not the property owner has hired the engineer made a good faith effort to uh determine what the source of the problem is and present me with
um a corrective timeline I also want to hear from the owner of the property The property if the owner is not present I will I will I will find an inference of of uh liability or responsibility or uh
so I I want to hear from the engineer and I want to hear from the owner and that will happen uh 30 days from um by by May 16th So that's uh that that's my ruling Um I think that that's pretty much what
everybody seems to be um in agreement with I I Mr Lucas I I I pretty sure that your your client can find an engineer within 30 days and at least have some preliminary opinions as to what the
problem is and how to resolve it This will be resolved Understood Let me let me be clear though You indicated that uh the property owner should engage an engineer within 30 days You also then indicated that uh you
wanted a methodology uh to be proposed as well Are you expecting there to be final opinions uh reached by the engineer to be retained no I I mentioned the word prelim I I mentioned the word
preliminary I think uh a couple of site visits by a competent engineer will give him or her some preliminary opinions as to a where is the problem and two at b what
is the solution to the problem I'm not asking you to correct problem in 30 days I do want to hear a plan a concrete plan this thing that that allegedly has been going on for
years is going to be fixed If it's not then I'm I'm going to impose uh fines as I deem appropriate Understood Okay All right I'm glad everybody just so our record is clear
there is no finding today No the only the only ruling part of the owner Correct My only my only ruling today is your motion to dismiss Uh your motion for to continue is denied and I am asking you to uh bring
uh an engineer or a a report and and I want to see the owner on May 16th to see where we are at that point And I want um you to make sure that the engineer has at least a preliminary idea of what is
going to be done to correct the problem Understood Okay All right Thank you very much Uh I think that that's that that concludes uh case number 13 I hope that we can get this fixed as soon as possible Thank you very much for
everybody's involvement Okay Bye Thank you as well Bye-bye now Okay Yeah Okay Thank you magistrate Um the next case we're going to call is item number 23 and item number
24 Um item number 23 is YMP Center Court LLC Case number is CBPR 2024 000024 Item number 24 is YMP Center
Court LLC Case number is C E S C N2022 00000029 Both cases were I'm sorry Item number 24 was previously found guilty by magistrate Kazoo with an abatement date of July 19th of 2024 The fine was set at
$500 for day plus $100 cost assessment The officer on this case on both cases Shannon Sanders Good morning Miss Sanders Anybody uh present representing the property owner yes we do have Elena Elena are you an
attorney we can't hear you Elena No nobody's here on behalf of the owner Yes she's here She's trying to unmute herself or so we can hear her but we
cannot hear her Moto Zenko Yes Okay Okay Okay No we still can't hear you Elena Um okay here we go Are you an attorney Elena no Oh no Okay Can you please raise
your right hand for me 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 Okay We can't hear her again and I'm
not sure what's going on You got to be sworn and we can't hear you I do Okay Okay I don't know I I heard you I heard you say I do Elena All right Just give us a moment Okay Uh magistrate the
officer is Shannon Sanders Okay Miss Sanders let's hear 23 Um which uh just to cut the chase uh apparently there was a shoring permit uh for the building and that permit
expired Um is that pretty much it you want to show me some pictures show me where the shoring is the building permit anything else relevant to the charge Um um Shannon Sanders um sitting with Miami
um inspector Um that's pretty much as you're stating a permit was obtained Um about a year maybe a year and a half ago regarding the showing of the um building as you see in the photos depicted um the balconies in the area around are in need
of some major repairs They um submitted application of course obtained it but the work has um stopped Um this is what it looked like at the initial time of inspection and this is what it looked like you know a year and a half later upon my reinspection Um the city is
asking that you know they renew the permit and go ahead and finish the work Um I'm I'm starting to get numerous complaints um from the residents about you know not being able to go out on their balconies or things of that nature So you know they would like this work to
be to be done and finished So this this uh is a building that is under construction is not occupied It's occupied And the reason there's shoring there is because they're doing some kind of concrete repairs Um that's correct
And what are those all all those uh markings that the graffiti that's on the roof there what's what's that about i'll let either the building department and or um someone from center court um you know state what that is I I I'm not a
building inspector or housing inspector So I'm not comfortable with answering that Okay When when was the uh permit expired let's take a look someone from building can assist with that question please
I'm sorry Mori No I asked if someone from the building department if they can assist with that question I'm showing here It was issued on September 6 of 2023 The last inspection that I'm showing here
Um well I don't show any inspections Um what I'm showing Yeah I don't show any inspections was done It seemed like they obtained the permit but and I'm only going by the history of you know what's in the computer from the building department or from the development services department Once the permit was
obtained um September 6 of 2023 I don't show any further activity where I'm sorry someone saying something we didn't get Privacy you guys can't hear me Now we can I I lost the uh image
The uh I may need to sign up again I don't see anybody Okay I join Uh all right I'm I'm going to sign off and and and come back um immediately I I
just lost you Okay Okay Okay I can see you logged in Cannot logged in Um okay I'm back All right perfect We were having Inspector Pressy to shed some light on this case
Mcgory can you hear me now i hear you Okay Um the permit expired on March 4th of 2024 Um they have once the permit has been issued they have six months to call in inspection That type of work they have
to have a special inspector on on site as they doing it um in sections Um they should have a log whether when the special the special inspector goes out he will have a log a daily log that he logged in Um every so often that log need to be turned into the city As of
today no log was turned into the city Um I'm not quite sure where they at with their special inspector because they have not turned in the log So as of today the permit has expired as of 34 2024
Okay So is there a separate permit for shoring all that that was included into the work okay So the whole permit expired This is not like a sub permit This is the whole
permit correct expired Okay And what does it take to um restore or file a new permit what's the process so the property owner needs to have their engineer submit a letter saying it's safe to occupy within the
next 15 days And then from there they need to they have um they need to submit a building permit application to renew the permit A totally new application with new plans or the same plans that they have now No they can use the same plans but they
need a application signed by the owner and contractor to renew and they also need to submit the engineer letter to state that they're um safe to occupy Okay All right I understand that now Uh let me I think the building official
wanted to speak I see her hand please Uh the building official is always welcome Yes Uh good morning sir How are you um I'm doing great Um I I hear that uh you used to work in Miami Beach Is that true yes sir Okay I used to work there as
well Yes sir Actually I I work with you again in North Miami Beach if you remember sir Uh vaguely Uh I I don't I don't want to remember my days in North Miami Beach They were not they were not pleasant Okay All
right I understand Um uh with this case your honor is that the permit that we have in the system is the emergency shoring We do not have a concrete restoration permit It did not come yet
So this is the emergency sorting for the balcony only based of a recommendation by the engineer who issued the report for the um 40 years of certification So we would like to know now whoever
been observing this job to give us their daily logs and their report and we also also like to have the safe occupied letter because apparently you can have no access to this balcony because they all short
Okay Uh but the the folks that are living there uh they can't go on the balcony No All right So they're are they rentals or condos uh I think this is this is uh This is
They're rentals They're rentals This is Central Court rentals Yes Okay All right Let me hear Let me hear First of all I I don't know who's here on behalf I know there's somebody here on behalf of the property owner but I don't know what her relationship to the property is Her name
is Elena She's having difficulties with her mic Can you hear me yes Good Good morning everyone My name is Elena Morenko I'm the vice president of operations for YMP real estate and
management Um I began with the with the organization in December of 2024 I realized that this has um the initial violation I believe occurred in 2023 Since I've been here um I've had to
do a lot of research to find out what's happened what what where we dropped the ball where what the GC was doing with the engineers I'm on my third engineer my third Um
and the first two engineers that we had were conflicting to one another Um so we got another engineer a referral highly recommended referral that specializes in concrete restoration specifically His
name is Mr Thomas Chver Um he's the one who submitted the last uh safety letter um back in October I believe of 2024 Um I was present for that I can have them definitely reissue that right
away and email it to you or mail it to you guys at your preference Mail mail it to the code officer uh Shannon Sanders Okay not a problem I can do that Um the other thing I want to inform you
I did not realize that there was an expired permit for the shoring Um we had identified at a general contractor Initially that person or that organization um did not pan out and kind of ghosted us Uh unfortunately they
didn't even file a permit So we had to do more interviews with more GC's cuz this is a very big project We have seven buildings that need attention and we want to make sure we have the most qualified uh firm working on the concrete restoration We've identified um
the uh general contractor that will be doing the work They applied for the permits yesterday I actually signed them um yesterday and submitted it to him So they should be if they have not already done so the permit application should be
already at the office for both um the shoring renewal and the concrete restoration I am requesting mercilesy I'm requesting to please give me an opportunity for a continuence to show
you that I can provide you the letter the work has commenced and um we have also uh hired Mr Chver as the spe special investig um inspector for that project and I have an agreement with him
So all the ducks are lined up It's just that nothing's actually commenced at this point Um how much how much time do you need i want to be honest with you I don't even know what to ask for I don't want
to be um like ignorant of your time either but I think for the permit to be approved in my experience and submitted and issued that's at least 30 days from my
experience I know some municipalities are faster some are longer depending on the workload Um if I can get 60 days for the approved and um approved permits to commence work I
would have be appreciative However I have no problem preventing a safety letter from the engineer within the 15 days even sooner I can probably have this this afternoon All right A lot depends on how quickly um your people and the city can get
together and get the permit issued I'm going to give I'm going to give you 30 days to comply uh with the uh requirement that you um obtain a shoring permit or uh whatever permit the city
requires in order to proceed with the the work Um you know come 30 days if you uh you know if if something comes up an emergency or uh whatever uh problems
always always you're going to have issues that come up Uh then then uh you you can come back and ask me for more time But at this moment what I'm going to do based on the testimony uh of the city's officer the photographs and the evidence
presented uh and and I I I'm mindful that that there are people living there Um I I know I know that they're not allowed to go out into the balcony but you never know what a child is going to do you know Um I I can see you know I
can visualize you know the door being left open and a child walking into that balcony and a catastrophe happening So this is kind of like a life safety issue for me So I'm I'm I'm going to I'm going
to on the side of being more careful and uh and give you uh 30 days until May 16th to come back and show me that uh you either have a permit or you're very close to having a permit Otherwise uh
fines will will begin to acrue So I find that uh proper notice was given The owner was given an opportunity to testify Uh I'm advised in in in all the facts I find in favor of the city and an
adjudication and set a compliance date of May 16 2025 In the event of non-compliance there shall be a daily fine of $500 until the violation is abated You come back on the 16th and
we'll see where we are If we're almost there I am not going to ratify the fine but if somebody's dragging their feet and the fines will start acrewing beginning May 16 25 at the U rate of
$500 a day So um I want to be fair and I want to be lenient to the owner but I'm concerned about those balconies and so let's get it done Go ahead Elena I wanted to tell you guys something If you're not aware the doors are actually
secured from the exterior There's no way they can open them I just want to assure you that that Well that's good That's good to know I just wanted to let you know that we didn't just leave them open and trust the you know that some child That's good That's good I'm I'm happy to
hear that I'm happy to hear that But uh we need to work on the balconies We will Thank you All right I appreciate that Magistrate you we're not done yet I mean yeah but magistrate I was going to ask if we can because the other one is in reference to the windows and doors and
screens um for that but because um the work that can't be that that's being done or being you know postponed for the shoring and the balconies they can't really install um the window screens um until that work is complete So can we
have this case for um the next case that we have for them being again for the screens to be replaced um or installed on the window doors to run with this um same um they they they will run they will run concurrently because obviously you cannot make them put up a screen
when you're in the process of construction So yes we're going to we're going to uh table that and and it'll it'll be um it'll run concurrently with uh number 23 Thank you So okay So we're done with 23 We're done
with 24 Where we at now all right Give me one second Excuse Thank you Hi Thank you Elena All right Magistrate Uh let me see
I do have a HOSF in our attendance list Joseph if you're still here if you can enable your audio and video and let us know what case you are here for Uh good morning
How are you uh my name is Joseph Timukman I am an attorney who represents uh property address 305 Um let me get the right address I apologize Do you know the name of the
business or the property looks like he's referring to item three and four Uh that's 305 Northwest 124 Street Is that correct correct All right So let me go ahead and you have a short-term rent
short-term rental issue Apparently magistrate let me read that into record All right Item number three and item number four is Andrew Andre Lenko Andre Lenko case number is C
E SA 2023000092 And then item number four is Andre Senko Case number is CS Str 2023 000052 The officer on this case for both of them are Jonathan Lamestre
All right And um Mr Tim Timiklet pronounce it for me Timickman I couldn't spell it till I was 11 so don't feel bad Okay No I I won't feel bad Um uh Leenko is is easier Uh okay So you're
here Uh let's deal with number three Uh are you aware of the violation i was hired by my client about 36 hours ago your honor So I I would request a
brief adjournment so I can kind of catch up because I didn't have a chance to speak to the inspector I I have not been able to see the evidence Um I would just appreciate it even if it was two weeks I can be back here next week Yeah Yeah
It's you know having been doing this for a long time it always upsets me when a client hires an attorney a day two three before uh a hearing uh you know I I don't you know I don't feel sympathy for somebody
that waits until the last minute and is not even here to answer Uh so um I'm going to hear the case Um and it it doesn't necessarily mean that I'm going to impose any fines today because this
is a first impression case if I may say so A first time that comes before me Um and um I want to hear now from the code officer I've reviewed the file so I I
don't want you to go into the weeds I I know um I know what the case is about U but uh just generally in you know in as little time as you can uh I want to know I want to know a couple of things Number
one um did you find uh advertising uh either on the web or in social media somewhere suggesting that the property at 305 Northwest 124th Street uh was
advertising short-term rentals Number two um are they for short-term rentals or are they for three-month rentals and and and finally um have you had an opportunity to discuss that with the
property owner your honor I would just before m the inspector um begins I would just ask if it's possible for him to email me this because I've never seen any of this before Um so I would just it's it's been
it's been a public record probably for the last week It's been on the web I I reviewed the entire agenda a week ago How would I um if you if you can en enlighten me and and excuse my ignorance
how would I have found this online i wouldn't I'm not aware of how to do that You go you go uh you uh you go to the city of North Miami page and you find uh special magistrate and all of the
agendas for the special magistrates are there Plus your client was uh and by the way Mr Officer uh Lamestre you obviously uh uh performed service of process on
the property owner did you not of course sir Um you're you're being thrown into the wolves Uh uh sir I I I I I sympathize for you but it's it's no excuse really that you came in at the
last minute And I'm not blaming you It's it's it's it's really not in my opinion uh a good idea to take on a client's case like this uh 36 hours before and not even bother to call the code officer
or review the agenda which is on file Anybody that does any kind of law in this in this area would know how to find an agenda So I would say your honor that the notice that I have was only for the
00092 case and the officer's contact information is not on that notice that I have I did try to call the city to speak to him Uh but I did not get a call back So I'm I'm looking at the notice that I have for the notice to appear
um which was given about 6 weeks ago but the officer's information to contact him um is not there It also does uh Mr Lamestre I see you're shaking your head No tell us tell us what what what is the
process for letting an owner know that there's a violation Well for clarity your honor I didn't say he didn't let him know I said I didn't have the officer's contact information and his contact information is not on the All right So I I I I want to hear from the officer I want you to remain silent for
a moment Let somebody else speak Let me hear from the officer Okay Good morning everybody Majesty Smith Inspector Jonathan Le from the City of North Miami Neighborhood Services Department On May 23rd 2023 2023 I opened a notice of violation
against 305 Northwest 24th Street in regards to short-term rental advertisement case number three And for case number four short-term rental at 305 Northwest 24th Street I posted the notice of violation at the property I sent a certified letter
um via property appraiser to the owner of the property property appraiser and I gave them about 2 weeks to comply They have not I failed it for the magistrate and on March 3rd of this year I posted
the notice to appear for the magistrate and as of the final reinspection date on March 15th the homeowner still conducting a short-term rental off the property The home the home is being advertised on Airbnb with over 55 reviews Did you know that um council No I know
that this house has a tenant lease and that Mr Leenko has several properties that he has tenant leases on Um and that is why I asked to review the evidence so we can see what's going to happen with this
tenant So I would ask again that the court give me an opportunity to um kind of get to the bottom of this and speak to everybody and present that evidence I I wouldn't even have the ability uh to present the lease into evidence or anything like that So I I as
I stated I'm seeing a lot of this for the first time today My client um spends a good amount of the year outside of the country Um so he's not exactly present here himself and should not be held um I
mean while it's his responsibility to make sure the house is in compliance I don't know if he can control bad actions of his tenants Of course he can He can evict them Well I I agree with I I agree with I I don't I don't think that
there's any special magistrate and and I you know I hate to you know take undo credit but I I don't think that there's special magistrate in town that has heard more short-term rental cases than I have And and I used to work in Miami
Beach I was city attorney in Miami Beach And that's where this whole thing about short-term rentals began And uh I was um uh yesterday I had a meeting with someone who sued the city over special magistrates imposing $20,000 fines on
property owners So and I went back and I looked at all the different uh code sections here in North Miami and I'm very familiar with what it says and I'm sure you've seen it If you if you haven't you should Um and also if you
have a client who is a uh a landlord with a tenant has a one-year lease and that tenant goes out and advertises on Airbnb or wherever you are the you as
the owner are responsible Okay i don't accept the notion that well I didn't do it my tenant did That's not going to fly here Okay so what I'm going to do is I am going to require
you within 30 days to remove any and all Airbnb social media uh any kind of advertisements on this property And there are ways of doing that You just
have to dig yourself out of this hole that your client is in I'm not going to teach you how to do your job So you you make sure that everything is off the web that has to do with short-term rentals of this property You are the owner
represent the owner The owner can call Airbnb or whoever it is and say it off They have an office here They have an office in California You can talk to their people and you got you get that off If it's if that is not if that
advertisement is not off within 30 days I'm going to find you $500 a day for uh maintaining uh that that that advertisement which is in clear violation of section
530 Okay that's what you were charged under 530D and it prohibits short-term rental of single family residential units So on that on on not your your fine is I'm not going to find you today
Although I'm going to ask the city attorney if uh if this constitutes um uh irreparable or irreversible damage I don't believe so but I want to hear from you advertisement portion of it the city um
would say no But for the actual rental the city would say that that would constitute something that's irreparable in I I agree with you and we'll deal with that in a minute But as to the first violation um my ruling will be that uh based on
the testimony of the city's code compliance officer the photographs the evidence and the records uh depicting that the violation still exists and the proper notice has been given I find in
favor of the city and enter an adjudication in favor of the city and uh set a compliance date and by that I by that I I mean removing all short-term rental advertisements advertisements
from the web within 30 days May 16th is the is the deadline and if you do not comply if the owner does not comply with that order to remove the um advertisement uh then I will set a fine
of $500 a day while that advertisement is still um in place Uh if if it's not abated So so far you've gotten off easy You just got to do all you got to do is you got to call tenant you got to call
the uh Airbnb whoever it is get it off And then once it's off uh that that you you contact the code officer um uh Mr Lamaste and uh you you you provide him with an affidavit that
you've done everything that you could possibly do to get that advertisement off Okay So that's how we deal with case number one Uh there is no ifands or buts here you're not supposed to be doing short-term rental advertisement
uh under under the under the city code And um so we're done with that Let's go to the next one which is uh the actual uh short-term rental of the property And let me hear from u Mr Lamastra on that
Uh your honor before before you begin on that one I I don't have notice for the second item I only had notice for the first item Um so I'm not sure even what the violation on the second item is If
if you can uh clarify that for me Okay I'm going to hear from the code officer uh first and uh I may ask him a few questions because I don't just take what they tell me uh as the gospel Uh it's my
job to you know to be judicious and to be uh objective I'm I'm not accepting testimony uh that I don't you know believe is admissible Um although on on hearsay we we may debate that issue I I
want to know uh specifically what the evidence shows regarding uh the actual rental of the property uh to a third party or parties What evidence do you have of that
again good morning Magistrate Smith Inspector Lamestry from the City of North Miami Neighborhood Service Department As for case number four it coincides with case number three I opened both notice of violations on May 23rd of 2023 One for the short-term
advertisement on Airbnb and then of course the short-term rental Um I posted the notice of violation as you can see from the photos Um you can see the advertisements as well How do I know that there is a short-term rental
occurring again uh reviews from Airbnb When I first opened the violation there was 19 reviews um back in May 2023 As of March 15th
2025 there's now over 55 reviews of people giving their reviews of their stay at 305 Northwest 124th Street Um sometimes you have a uh an incident report from PD where the officer
actually goes out and videotapes the uh whether it's a party or uh you know loud music Do you have a an incident report uh to that effect i do
not how I was able to find out about this property was probably from a uh from a police report back in March 2023 I mean May 2023 I don't have that document with me It's over 2 years ago
Um but that's how I'm pretty sure I was able to find this property via a police report But your honor if I may just wait I know you want to jump in I'm going to give you an opportunity don't don't you know don't uh
uh grab uh feet out of the jaws of victory they say um I'm I'm usually I'm usually um of the opinion and others might disagree that uh those reviews
while often reliable and often uh I accept those um they're like triple triple hearsay and and I normally expect the uh the the city whether it's
this city or any other city have uh testimony from someone that saw the uh loud music multiple cars uh 20 people in the in the apartment cars you know parked all over
the place uh I can't really go only on you know solely on the on on on you know what you uh decipher from the uh Airbnb uh side and I'll tell you why uh there have been
occasions where um someone fraudulently and with evil intent puts something like this on the on the on the web on Airbnb uh to get back at the owner you know some retribution or something and and
the the owner or the even the tenant don't don't know anything about it So while you go I'm I'm going I'm going and and and on the request that that I table it for a while um I'm not going to be I'm not going to
be issuing a ruling yet on this uh short-term rental until you show me more uh that uh that shows that there was in fact that there were in fact one or more incidents of short-term rentals I may I
may be convinced based on the uh reviews at and at at at the next meeting if that's all you have I I may I want to hear from the owner Uh if the owner is not here I'm going to take that as evidence that that against them I'm I'm going to to to
um uh construe the fact that the owner is not here and and is sending a lawyer that just retained you know as evidence that you know that there's there's possibly some some reason you know that he's not here
Um so what I'm going to do with this one I'm going to I'm going to delay it I'm gonna table it uh until we hear the other uh the other matter on May 16 You have your hands up You you have your
Joseph go ahead and and tell me what's So I appreciate the the the way the city's handling it and and my client's intention is never to be at odds with the city and I've dealt with the city in
multiple aspects throughout my career So the idea is not to go against the city and and what I would say your honor is in the beginning you acknowledge that this is a case of first impression and you gave a very um decisive ruling in terms of getting this thing making sure
it's not on Airbnb over the third 30 days I would ask your honor to give a little more leniency and allow my client to have finality and if we can demonstrate that they're in compliance because it it sounded like we open the
door uh for the inspector to go back and get more evidence solely for the purposes to in essence determine whether a fine should be issued on the second case And I would say your honor the house is is well maintained Clearly
there aren't ongoing disruptions uh disturbances for the community because they would have presented that evidence today And I would also your honor um just to give you a different perspective we don't know whose Airbnb account that is We don't know if that's
in fact the homeowners or if his tenant or we don't know And a lot of times with these Airbnb accounts they're linked to other um houses other properties and those reviews are aggregated for more than one property So what I ask your honor here
is if my client my client will immediately make sure that we are in compliance and that this does not happen again But I would ask your honor given that this is a first impression to allow for some finality on a 2023 violation
and allow my client the benefit of the doubt that if should he be in compliance within the allotted time to allow both matters to to be finalized Clearly if if there should be something in the future your honor will be able to go back on the record and and say "I gave you the
opportunity here and on the next round not give that opportunity." But just for the sake of finality All right I I I'd like finality too I don't like to hear these cases over and over again Um this is not if I said a case of first
impression uh what I meant to say was that this is the first time that this case is in front of me right a case of first first impression uh in in in in our world means something different But uh this is
the first goround and u um Mr um a code officer have there been any complaints from anybody correct Yes sir Um one of my inspector one of the inspectors here uh he actually informed me that there was a complaint opened
on May 22nd 2023 We do have the police report for that and which caused me to open the short-term rental and the short-term advertisement case Um I do have the police report in front of me I apologize for not having it in the case file but we do have a police report Okay
So I want you to communicate with council and provide him all of the information that you have on uh one or more short-term rentals If you have uh witnesses I want you to provide
the owner with the names and addresses of the witnesses any contact information and we will have finality on number one All you have to do is remove it from the web And I understand sometimes Airbnb will put the wrong property and people
will hype it up And I I know all the shenanigans that that people pull I'm convinced that as to uh the the advertisement uh I think that even though I'm not going to find you today I want you to within 30 days come into
compliance by removing the affidavit Okay So uh that's that's my ruling uh on on one is that you you must remove the um the um that not the affidavit remove
the advertisement by by May 16th or you will uh be subject to a $500 a day fine That's a final order Okay Uh that's finality not going to get finality on the second because I haven't really
heard all the testimony that I need to hear nor have you heard from your client or from your tenant or anybody else about what the evidence is And uh so um I'm going to give you an opportunity to
talk to the code officer and um and and get informed and at the you know at on on May 16th we're going to rehear this case So that's my ruling Okay Thank you for your time everybody You're welcome
All right There will there be um any kind of paper ruling um sent to us from today on the first one yes I I'm not sure that you'll get one in time Uh Madame Clerk will will you be issuing orders yes He received the order for the
first case but however the second one no Can you is it possible to have it emailed to me or you guys do it through mail only i do it through mail I have to go to the city when when they when they're done and I and I will sign it and there's a procedure for the clerk to
send them out Understood And just can I have uh m inspector least contact information i'll put it I'll put in the chat I don't know if I see Okay Yeah I do see this chat Thank you You can go you can
go to the uh code enforcement office uh behind city hall and uh and pick it up the day I sign it if you want it quick I'll probably be there uh by Tuesday So it should be ready by then Thank you for
that information And and inspector I'll I'll wait for you to drop your uh contact in the chat Thank you for the time everybody Thank you Okay for the records I would like to advise the interpreters that they may
leave It's 11:05 Is there anything else I could do for you today no ma'am Thank you so much for your help You have a great day You too Bye Bye All right Let's uh let's get the
attorney off and then we'll continue Yes Mr Host if you may Yeah I'm just writing down the phone number Thank you guys You're welcome Okay that does conclude the attendees that are present Um
so magistrate if you want to take a quick break you can cuz no one else is here and we can go through the the rest of the cases It's up to you Okay How many more do we have well we only heard I believe three out of the 24 So about
20 maybe left Okay Um let me just ask for the record Is there someone here for um items uh 11 and 12
i have no attendees here on the um I I while we're in recess for about 10 minutes I would ask u the code officer and the city
attorney to confer privately on item 12 And my request is that you look at the violation that the property owner was
cited for which is 3-212 uh and deals with certificate of completion which is separate and distinct from 3-215 which is certificate of use
So I believe that even though the order itself uh outlines the requirements of 3-215 that the violation cited was 3-212 I
uh don't know if um fact that the property owner never appeared or if if if if the property owner appear appeared uh there's a finding of guilt and perhaps
um waved if they didn't bring it up waved the fact that that that he or she was cited under the wrong section But I I I'd like some guidance from the city attorney on whether you all feel that
this order is defensible and whether I should be um imposing further fines if if indeed it the the cited uh code section was the wrong one So what
you don't need to tell me now we'll talk about it in about 10 minutes Okay we'll we'll resume We'll we'll resume in 10 minutes Okay hour I'll go What's up okay Okay Okay Thank you
Okay folks whenever you're ready All right magistrate All the guys are logging back in Okay Excellent Okay we may continue Hey we um we're talking about uh number 12 You
want to take up number 12 now or you want to wait for later yes item 11 and 12 Yes we can go ahead Yeah let's do it Let's do it backwards Let's do 12 Okay Um I want to hear from the city attorney and what her legal opinion is
Um your honor I have uh conferred with Director Reman on this case We agree with your honor's assessment that this code violation was um cited incorrectly Um specifically it should have been for code section 3-215 as opposed to 3-212
In light of this the city will be dismissing the case in its entirety and reciting the property owner with the appropriate um citation Right And it's uh a cert certificate of use
uh which um probably is the reason they don't have a business tax certificate under case 11 So um I will um I
will hear number 11 because uh there is no issue there that the the property owner was properly cited and under the right code section and was found guilty and nonetheless uh he or she
whoever it might be uh is not here to um to contest this So I will uh be ratifying this By the way it's Can the code officer just for the record tell me what item 11 is about
yes majesty My name is Inspector Des Miami uh these code um cases that I'm reviewing today especially 11 was uh inherited by me by former officer co Coulson which is in another department now uh the business tax receipt is the
one that we're speaking about the violation was initially um found on um February 2022 no sorry February 22nd 2023 and the violation letter was sent out and it was posted at
February 23 2023 Also a notice of appear was sent out on the 11th um November 5th 2024 It got
rescheduled Um no just just uh let's start with the fact that there's an order uh found finding the property owner guilty uh and uh just start because what happened before before that I don't I'm
not interested in it's what what happened afterward No problem So there was a notice to um appear for the March 10th 2025 and it was mailed
out Um the violation was it says give me one second majesty how the uh after the final reins inspection date the violation um will still stand because they still didn't have a
business tax receipt up to date in our system and here we are today Okay Were they were they noticed to be present at this uh hearing yes The notice is up here You can see in
in our in the TCM was posted also Okay All right Um based on the unrebuted testimony of the city's code enforcement officer and the evidence presented uh showing that the property has been out of compliance
uh since the abatement date of March 14 2025 Um I hereby find in favor of the city and ratify the fines acrewed to date uh in the amount of $250
uh a day uh the the uh plus uh I make a cost cost assessment of $100 and the fines shall continue to run on a daily basis until there is compliance Uh we've dealt with number 12 Let's move on to
the next one All right we're going to start from the beginning Mag Smith with item number one Item number one is 131000 Sunrise Plaza LLC Case number is C F O B
202300453 The officer on this case is Shannon Sanchez Okay Miss uh Officer Inspector Sanders uh this is a uh business tax receipt issue Um are they in compliance shannon
Sanders um city of North Miami um um neighborhood service inspector for a new case for a business um business tax receipt at this current time No they are not in compliance I originally inspected this property on February of 2023
whereas I made contact with a gentleman who identified himself as the benches owner He asked for time stated he would visit the city to apply for the applications As of my reinspection date even as late as this morning I looked in the computer still no applications
submitted um for this business that is operating in our city I am showing proper service was giving The property was posted um on the front door Um the notice to appear on March 3rd of 2025
Certified mailing was also mailed out um via certified mail Say the notice of appear was from March 5 um the notice to the notice to um appear I posted at the property I have
from March 3rd of 2025 and I'm showing it was certified mailed out March 11th of 2025 It was it was for today's hearing though For today's hearing Yes Okay All right and we're citing the
owner even though the uh business tax receipt uh was needed for the tenant Al Reyes Groceries Inc grocery store right yes that's correct
Okay You know at at some point Madame City attorney the city might want to revisit the issue of u citing both the owner and the actual violator
uh jointly Uh but that's a policy question far beyond my scope here but um something that uh they might consider uh because basically the tenant whose responsibility is
to get a business tax receipt to conceivably stay there for months if not years without incurring any liability So uh that's something to um uh keep in the back of your uh your mind So based on
the unreoded testimony of the city's code enforcement officer and the evidence presented showing that the property has been um well no we're not ratifying anything We're um finding that the um favor of the city
and we're going to enter an adjudication and set an abatement date of um I give uh 30 days May 16th The event of non-compliance there shall be a daily fine of $250 until the violation
is complied with I think 30 days is sufficient to go to the city and get a business tax receipt unless there's some other provision Um I guess we have a certificate of use issue here I see item
number two is a certificate of use Is it for the same property it is for the same property I'll read it into records now Yeah Okay So maybe the reason they can't get a a BTR is because they have a zoning issue All right Let's hear number two All right Item number two is 1310
Sunrise Plaza LLC Case number is CEZCU 202300773 The officer on this case is Shannon Sanders Shannon Sanders neighborhood service inspector um for the same property address
13146 Northwest 7th Avenue This case is for failure to obtain the certificate of use Um again as stated in my previous um for the previous case I originally cited um the property spoke with the business owner on February 28th of 2023 whereas
he stated he did not know he needed a a a BTR or certificate of use He asked for more time stated he would proceed to the city to um apply for the application As of my last reinspection on um March 17th
um no certificate of use has been tained nor have I nor do I see any application submitted to the city um requesting such I am stating um proper service was given I posted the property with the notice to
appear on March 3rd Also certified mailing was mailed out on March 11th Okay Uh is this a new business no it's been there um for some time Um um I I used to be on the west side many years
ago Um as the as the code officer um and I recall this business being there but um they again he stated he never knew he needed it when I did bring it to his attention You know still no movement has been made But I know you know I I I I
think I'm comfortable with saying it's been there at least you know 5 to 6 years probably even longer I is it is it just one one business or is it a uh like a shopping center it's it's a shopping plaza And ironically on the door it seems like it's is it's is it holds one
bay but when I visit the property it's like a little corner store And if you look at the pictures depicted if I I'm sure I'm not sure if I got that much in the photo but it shows two businesses on the door One side of the um window panel says RJ or JL Rez and the other side
says I think two sisters or something So you know I'm I'm not sure Sometimes those units um you know have you know sometime a little multi-ervice something there Um well that that that may be the source of
the zoning issue Maybe that's why they can't get a certificate of use is because their use is illegal But I'm just speculating I don't know All I know is that they're not here So based on the unreuted testimony of the city's code compliance officer uh the photographs
and the evidence presented uh depicting that the cited violation still exists that notice has been given I find in favor of the city enter an adjudication and set a compliance date of uh 30 days uh May 16th In the event
of non-compliance there shall be a daily fine of $350 until the violation is abaded What was my uh the fine on number one what uh Madame Clerk 250 $250 Yes we'll
make we'll make this one 350 This is a little bit more um a little bit more serious Okay no problem All right we have um the next item is item number five Aquestrada Condo
Association case number is CEXC2023 000034 and I it runs through item 6 7 8 9 and 10 All right read them all All
right so that was item number five Item number six correct me if I'm wrong officer is a a Questa Condos Association case number C F AW202300111 Item number seven A Costa Condos
Association case number CF OB 202300449 Item number eight Astada um condo association Case number is CEGMP2023 00157 Item number nine
Aquostarda Condo Association case number is CH CHE 2023 000090 And then item number 10 Costa Condo Association is case number
CECU 202300769 The officer on this case is Shana Sanders All right Uh Inspector Sanders uh to save to save time I have reviewed each and every one
of these files They're quite similar The pictures may may change based on the violation but uh real quickly uh let's uh go through them one by one Okay Uh
the on on number five we're talking about mildew and stained walls which must be clean and repainted Show me pictures that relate to that item Okay Shannon Sanders um neighborhood service inspector I believe Okay there photos up
there now This is for the case of the walls um exe um for the exterior walls that are mildew and dirt stained as you see the staircase there as well Um you know the ship's paint dirt mildo rust
Is this a uh residential property is Yeah it looks like it's a small um condo building Um if I had to guess I could look really quick It looked like it's maybe about 12 unit you know Um you know
pretty small um condo little small complex Um from what visibly looking I I I could say maybe 10 to 12 doors if I recall seeing um but I I can look right now It's occupied It is occupied Yes
Okay So I I've seen the pictures showing the uh the mildew and the the the walls So uh based on the uh unreuted testimony of the city's uh inspector the
photographs and the evidence presented that the cited violation still exists Proper notice has been given I find in favor of the city enter an adjudication and set a compliance date um of May
16th In the event of non-compliance there shall be a daily fine of $350 until the violation is updated So uh number six is separate and distinct And so you have to show me
where is the third and the hill stain cement which is different from what you just showed me before Okay And I'm sorry on that day it was it was quite a glare and I was trying to get the photos but the the first one is for the exterior walls of the building This
one is for the exterior There's a cement wall that's surrounding the um apartment complex that are um dirt and mildeo stained As you you know enter the property it's it's a it's a gated um build it's a gated um property So this
is the cement wall that's on the outside Have you made any efforts to talk to the association i I have I have When I first initially opened the violation the complaint came from um from what I recall and I apologize You know all these cases are
so old Um it was a I think it was the handyman or something that was there that seems as though he was getting fired or being released of his um position So he you know had me come out and he wanted to bring to my attention everything up
under the sun that was going on at this business um at this place Um at that initial time I made contact with again the handyman who also lives there as well as the um I think it was a manager or something at that time But over the
past year and a half I'll be honest enough to say you know a lot of these um violations got lost in the system Um when I did revisit I you know tried to make contact with you know them but I have not had any um any luck The last
contact I've had with them was when I initially opened up this violation All right Um Okay Ask Oh by the way this this all came up because you did an annual housing inspection right yes I did an annual house inspection
because you know again the um you know the gentleman who I think was again the handyman there was being let go So he started calling the city and calling me quite often So instead of just you know focusing on one or two things there because every other day he was bringing something to my attention you know I
said let me just do a full you know annual housing inspection so that you know we cover everything under one umbrella so it doesn't seem like I'm you know nitpicking on them and stuff going one day then going two days later 3 days later So I just did an an inspection and covered everything
Okay Um you know there's all kinds of u turmoil uh heights confusion uh going on all over with aluminium properties boards are changing management companies
are changing directors change registered agents change and I think maybe you ought to do a like a little extra work here and try to identify who the uh officers are If there's a new management
company or if there's a new registered agent take a look and make sure that you know they clearly have actual notice of these violations because the last thing they need uh in these troubled times with you know high taxes high insurance
construction issues uh inspection reports 40-year reertification Sometimes things get lost in the shuffle and so it's best that you know go a little extra mile make sure that uh even if you
have to copy all the registered officers and directors uh do that you know go that extra step to make sure they know about this because it these penalties here uh could really wipe wipe them out if they don't do what they're supposed
to do So on number six right we're dealing with number six Yes Uh based on the unreuted testimony of the city's code compliance officer the photograph and the evidence presented depicting that decided violation still exists Proper notice has been given I find in
favor of the city enter an adjudication and set a compliance date of May 16th Um in the event of non-compliance there shall be a daily fine of $350 until the violation is updated number seven
Seven Um okay I'm sorry I'm trying to make notes as in what you're saying So I'll $350 compliance date May 16th Okay Case seven is um for this is for failure to obtain the certificate of I mean Oh no
This one's the business tax receipt BTR Okay That's FKW This case um um Shannon Sanders neighborhood service inspector I inspected the property on February 22nd of 2023 Whereas um I already stated that the violations um were brought to my um
brought to my attention I was asked to do an inspection on the property um at that time While doing the inspection I also tried to make it um my business to look to make sure to see if they have a current business tax receipt when there
are additional issues there Upon looking in the computer there was no business tax receipt that had been that had ever been obtained for this business Um so at that time I did um site them Um sent a couple of letters tried to make contact
had initial contact when I first opened it However over the last year and a half um well now two years now Um oh wow two years now Um I have not had any further contact with them and I still see no
business tax receipts obtained nor applied for at this time They never had one I It doesn't show that they've ever had one Wow And if I recall and I I I'm think I'm comfortable enough with stating If I recalled I believe that the manager at
that time stated she was not aware that condos needed business um business tax receipts Um you know and so you know I gave her a little time and stuff but you know yeah they've never submitted it They never obtained it Nothing at all
All right Well uh based on the uh unreoded testimony of the city's code enforcement officer Inspector Sanders uh the photographs and the evidence that has been presented depicting that the cited
violation still exists Proper notice has been given Find in favor of the city enter an adjudication and set a compliance date of uh May 16th the event of non-compliance there shall be a daily fine of $250 until the violation is paid
Number eight um number eight um this case is for look at this page is um this is for general maintenance General maintenance around the pool area Um upon inspecting
that property on the um 22nd of February 22nd 2023 we walked around the entire property I along with the maintenance guy Um um as you see I believe in the pictures that possibly will be depicted soon Um
the area around the pool area there were um cracks I want to see I want to see pictures of the iguana There were cracks around the pool in the patio area Um they were areas along um
that had um some of the pavers were lifted um around the pool Keep going Um there you go Yeah there's an iguana out there I I I've been trying to take pictures and move honey I'm not good with insects
and bugs and stuff But yeah the that the pictures depict um cracked um pavers cracks along the foundation um and things of that nature You know they stated at that time they were going to apply for permits to get the pool
area um repaired They you know stated that you know they had closed off the pool as you could probably still see And even in current pictures there's still some flapping um yellow um um construction tape and stuff or whatever They said they had closed the pool down
um you know due to the repairs being made as of my last reinspection on March 17th two years later Um you know it still shows that the pool still remains in need of repairs Um and no permits have been submitted to make those
repairs Yeah that that looks horrible That's a an accident waiting to happen And I don't care how many fences they put on there Teenagers are going to go over the fence and play around the water And the water could be contaminated It
breeds mosquitoes It breeds uh you know all kinds of vermin And I I I just feel that to me that looks like it's priority number one Uh they need to get that fixed Okay Um so on item
eight based on the unreed testimony of the city's code compliance officer the photograph and the evidence presented depicting that the cited violations still exist Proper notice has been given I find in favor of the city and an adjudication and set a compliance date
of May 16th In the event of non-compliance there shall be a daily fine of $500 until the violation is abated Um case number nine Um same property address 1777 Venice Lane This case is
for failure to um failure of them providing to provide the extermination report to the city You know per city ordinance when there is a minimum housing property in our condo multifamily units things of that nature they are required to provide an
extermination report to the city not so much provide um extermination but to at least you know inform the city of you know who exterminates if they don't things of that nature Um they say that that they would get it to me That was the easy fix I'll have that to you
within a week Um as of 2 years later as of my reinspection on the 17th I have yet to obtain that certificate I mean I'm sorry that um report stating um you know how they go about exterminating their property I'm familiar I saw the
annual housing report I saw the line item on extermination It's a section 5-28 uh parenthesis 2 Uh that's the easiest thing in the world to do And the fact that they haven't done it uh shows uh a
lack of faith and u uh is is reprehensible quite frankly as you can tell by the iguana Uh there are probably other things there probably other other things crawling around there um you know
raccoons and uh rats and whatever So that that needs to happen quickly based on the unrebuted testimony of the city's code compliance officer the photographs and the evidence presented depicting that the cited violation still exist proper notice has been given I find in
favor of the city enter an adjudication and set a compliance date uh of May 16 Uh in the event of non-compliance there shall be a daily fine of $500 until the violation is abated And the last case number 10 Um this case
is for failure to obtain the certificate of use Kind of goes hand inhand with the business tax receipt Um upon my inspection February of 2023 walked the property looked in the computer um made contact with the maintenance as well as the manager Um brought to their
attention that the certificate of use does need to be obtained for um condo units as well Stated she was not aware of that um she would move forward with um visiting the city to obtain and apply for the certificate of use As of my last
reinspection on March 17th 2025 2 years later there's still no certificate of use and nor do I see any application submitted to the city Okay Uh the certificate of use is supposed to be uh
obtained one time correct you know I don't and I I hate to say it's not a yearly it's not a yearly thing like a BTR It's a one one shot deal and then it it it's good Well no over the years it has changed It's of whatever It used to be you know like you
know with my my my years of being here it used to be a one-time thing but somewhere you know different understandings of the code section now we're doing it every year I see Raphael um from that department is raising his hand and I'll let him you know explain since you know this is his specialty
He's the coordinator for that department Um but you know I'll you know I'll stop talking and I'll let him explain Go ahead Raphael Yeah M Mr Mcronone uh are you with are you with planning and zoning i am the licensing manager So yes I am with the development services department I oversee business tax and
certificate of use Okay And when when a property obtains a certificate of use is it forever uh they have to renew annually So the actual application phase of it is just the one time and then every year you just um you just pay the fee and renew
it Okay So it's like the BTR pretty much like the BTR and the difference is BTR is just paying money to the clerk The certificate of use goes through the planning and zoning department Right the certificate of use is a zoning
certificate and then the t the business tax receipt is just a receipt for the tax you're paying Okay Now if the zoning if the if I'm sorry if the use ever changes then that's where they would have to apply for a new certificate of use Yeah So if if the zoning changes if if the use changes
um or there's a zoning issue then uh that's when they have to go through a different process Correct Okay I understand All right So we're we're dealing now with number 10 certificate of use based on the And by the way thank
you very much Raphael for your assistance I see you have your hands up Um I think we're we're done for this Thank you Raphael We appreciate you Based on based on the unreoded testimony
of the city's uh code enforcement officer the uh evidence presented showing that the violation still exists Proper notice has been given I find in favor of the city enter an adjudication and set a compliance date of May 16th In the event of non-compliance there shall
be a daily fine of $350 until the violation is evaded All right moving along We have item number 14 is Fritz Monfiston and W Joselyn Case number is
CEBPR2023 00834 The officer on this case is Jonathan Lamestre Uh Inspector Lamestre Um let's try to keep it short uh and sweet I've saw the
pictures Show one uh or two pictures of the fence I think there may have been two fences but uh you know maybe I'm mixing it up with another case No it's only one fence Um so very quickly on April 5th 2023 I opened a notice of
violation uh because I observed uh a fence being directed Um as of the final reinspection date the property owners failed to obtain a permit There there are the photos Um as of the final reinspection date the property owners
failed to apply and or obtain a permit for the fence on the property Yeah I like how you you sequenced them You went there more than once and you kind of had progress photos as the fence was being built So
uh yes Um I I'm familiar with that and therefore based on your testimony and the uh evidence presented with the pictures showing the um violation and that the proper notice has been given I
find in favor of the city enter somebody said something No sir Go ahead Go ahead Uh I I hereby enter an adjudication and set a compliance date of uh May 16th to obtain all the necessary building permits of the fence
In the event of non-compliance there shall be a daily fine of $500 until the violation is abaded Thank you All right And the reason the reason the reason you know number one they did
illegal work Number two they were advised they were doing illegal work They haven't done anything to get permits and they don't show up for a hearing So I think I'm being fairly lenient with a $500 fine
Um if they don't comply um they're going to be fined even higher So I think you you you know let let them know uh inspector that uh we mean business and I'm going to be uh very uh
severe in my in my fines if they don't quickly move to comply with the city's code All right next one All right the next cases I'm going to call is item number 15 through item number 18 I'll
read them all one by one Um item number 15 yes it's Gregory D Smith Case number is C F O B 202300462 Item number 16 Gregory D Smith Case number is CEA
2023000085 This case was previously found guilty by Magistrate Pizzou with an abatement date of January 17th of 2025 Fine was set at $350 plus $100 cost assessment Item number 17 Gregory D
Smith Case number is CE STR 2023000046 This was also previously found guilty by Magistrate Kazoo with an abatement date of January 17th of 2025 The fine is set at $350 plus $100 cost
assessment And item number 18 Gregory D Smith Case number is CE Zcu202300785 The officer on all these cases are Jonathan Lamester Okay Uh officer uh I have seen the files
Uh this is operating as a hostel correct um so the hostel's name is Miami Vibes Hostel If you type in 1230 Northwest 135th Street on Google Maps
Apple Apple Maps um you'll see Miami Vibes Hostel being advertised um at the property Um anybody could go on there There it is via photo Um you go on Expedia you could go on any
rental site and rent a uh I guess uh a bed um at the property And yes so I did open a violation for case number 15 CFO as a
failure to obtain a business tax receipt They are operating a business at the location Um and case number 18 which is the certificate of use violation um they don't have a certificate of use nor business tax receipt at the property
What kind of zoning um is there uh on the property and and are they in compliance with the zoning so the property is a residential property Even if they were to apply for a certificate of use or business tax
receipt they would probably be denied Um I do have the director of of the development services department Debbie Love She's here But um the certificate of use in the business tax receipt would most likely be denied just because it's a residential property and host and
short-term rentals are not allowed in the city of North Miami All right So I I I think it's pretty elemental in municipal law that in a single family residential neighborhood you cannot
operate a business such as a hostel uh at all Period End of story Even uh you can't even get a variance Am I correct Miss Love good morning sir Debbie Love development services director Uh that is correct Our
code specifically excludes uh single family uh residential districts Uh you cannot have any sort of vacation rental short-term rental uh Airbnb any of those type of uses are are specifically prohibited Yeah And and
that's that's clearly that's clearly a violation uh you know you can't do short-term rentals in residential uh neighborhoods But my question is you cannot operate a business So if you're calling yourself what whatever the name
that they're using hostel luxury or whatever it is you can't you can't run a business out of a single family residential neighborhood right not for that use No sir Yeah Uh you can't do that I mean you you could conceivably
get a variance for a home office if you're a professional you wanted to have an office at home that that you could do but uh to me this this sounds more like a hotel operation Uh and and and and so could they be
cited under a different section of the code or is is single is is the uh uh you know short-term rental stat uh code section the only one that applies here
to my from my perspective Yes As far as what code also has under their purview I can't speak to that But yes under the land development regulations that govern development here in the city it is a specific code violation
Yeah Well uh the the the other violation you know that I would consider is if they're running a hotel you know yes it violates the uh short-term rental ordinance but isn't
there also another section dealing with doing a business do doing business in a in a in a single family neighborhood right We do have section 4202 which is our use table that um any sort of
commercial uses are prohibited outside of a home office in that single family zoning district So any type of commercial enterprise would be prohibited Okay Well I I just raised it in case um you know
in the future you have a situation like this there's another uh tool in your toolbox that you can use to site Um I think it's an easier one So anyway uh on on number 16 uh no is it 15 or 16 case
number 15 is okay Miami Vibes Hostel To me that sounds like a like a business But since there uh we're talking about first of all let's let's do the business tax receipt which is 15 based on the
unreed testimony of the city's uh code enforcement officer the evidence presented showing that the property has been out of compliance Uh this is not uh this this was not adjudicated for this one is this
is new this is a new one Yes Right Yes Okay Based on the unrearted testimony of the city's code compliance officer and the evidence presented depicting that the cited violation still exists that proper notice has been given I find in favor of the city and enter an
adjudication set a compliance date uh of May 16 2025 Uh in the event of non-compliance there shall be a daily fine of $350 until the violation is abated And just so that we're clear uh this is for
lacking a business tax receipt on the property So let's go to 16 Short-term rental Uh uh inspector you were telling me about uh what you found Uh expound a little more on uh on the advertisement
issue So for case number 16 it's short-term advertisement Um like I was stating earlier um if you were to go on Google Maps and just type in 1230 Northwest 135th Street you will see Miami Vibes Hostel I took photos of Expedia.com Miami Vibes Hostel being
advertised there Booking.com any any website that you could think of of uh rental um it's being advertised uh Miami Vibes hostel at that location All right And uh service was affected how I posted the
notice of violation at the property and I sent a certified letter to the property owner via property appraiser Um the property owner Gregory D Smith individual Um he the mailing address doesn't match 12:30 Northwest 135th
Street Um I sent it to property appraiser Let me give me one second to Yeah The Perick Pines I sent it to that uh mailing address Um the notice to appear notice of
violation proper notice has been was issued correctly Okay In in these cases you always have to assume that there's a tenant or a broker somebody that wants to advertise maybe this property maybe
other properties because you know as a previous person told us you know trying to explain how it works Uh sometimes they they they advertise one property and then people call and they they tell
people are told well this property is not uh is not available but we'll show you one down the street So uh you know you always have to make sure that the owner is aware uh of what's going on And
um whoever you know this is an individual Um maybe he's out of the country maybe he's deceased but uh you know keep keep trying to locate the owner because sometimes the owner doesn't know based on the um unreoded
testimony of the city's code enforcement officer photographs and the evidence presented showing that the property has been out of compliance uh since the abatement date of January 17 2025 Uh I find in favor of the city and
hereby ratify the fines acrewed to date in the amount of $350 uh and assess cost in favor of the city The fines shall continue to run on a daily basis until there is compliance 17
17 is the short-term rental violation Um I did get to speak to some of uh what's the word um I spoke to people that stayed at the hostel and they confirmed to me sworn testimony that I'm giving you is that it is a short-term
rental that they are renting at the property Okay Just as a as a suggestion recommendation Yes sir City attorney may may weigh in on this Uh when you're in a situation like that if you can get documentary
evidence such as a sub or a check or an agreement uh or something uh more than just a person saying "Yeah we're here over the weekend We're celebrating uh Memorial Weekend Fourth of July whatever it is." whatever documentary evidence you can
get uh is always useful and appreciated Um because I don't you know I don't want I don't want one of my orders to be challenged because we don't have enough evidence on the record that there was a short-term rental and you know they
could argue you know 50 different things But anyway um I will uh ratify the uh the order uh based on the testimony of um the uh code compliance officer Mr Inspector Lestre Uh based on the
evidence presented uh the property has been out of compliance since the abatement date of January 17 2025 Uh I find in favor of the city uh and ratify the fines acrewed to
date Um I will ratify the fines acrewed to date in the amount of $350 But uh madame city attorney um I am authorized also to impose a one-time
fine for this type of violation also or in lie of which is the city's position on this done it We caught him doing it It's irretrievable and irrevocable whatever you know the
statutory language What is the way that the city would like me to handle this so in in light of the testimony that has been provided and in light of that there's already been a a guilty adjudication of the property with a fine set um the city would would ask your
honor to just go ahead and ratify the ruling of Magistrate Kazo Um I I don't feel that the testimony provided on today um would satisfy the threshold needed for an irreparable irreversible nature violation for a one-time fine
However um since a finding was already made by the prior magistrate and a fine already set at $350 a day and the officer's testimony that the violation still does exist um the the city would ask for that fine to be um ratified back
to its original compliance state Okay So ordered and uh just so that we're clear um when you determine that the property's in compliance and they're no
longer renting uh on a short-term basis in violation of the code at that point the fines will stop Right Correct the the city will require some um proof or evidence from the property owner that they have taken action to abate the
violation and that the the short-term rentals have ceased Okay So uh madame clerk uh when you give me the order make sure that the language just articulated by the city attorney is included within
the order so that it is clear that that until and unless they show evidence of compliance the fines will continue to approve Once once they're no longer uh renting short term then the fines
will stop At district the order does not allow us to edit um the verbiage on the on the document It's it's something that was preset in our Eden system The only thing it depicts is the actual code
section of the violation that I may put in there I can put in the Eden system and under the case what the request is but I wouldn't be able to make that change on the official document itself All right just what whatever you can do
to specify that uh the fines stop when the violation stops Otherwise you know these these fines could keep growing you know for another 10 years even though the property owner has
stopped doing it And I just don't know what Yes Once they stop they have to notify the officer And then once they notify the officer there's a section in our EDIN system where we put the abatement date that the um the violator has uh
they have complied We we put that in the in our system and that is pretty much suffice to letting us know that they have uh complied with the violation Yeah And of course uh inspector you will continue to monitor this particular property because by definition these
short-term rentals could be a weekend it could be a week and so you you know you may get a number of different people coming in and out at all times So uh if this continues you know bring bring the
case back and we'll find him again And it may be that you know we're at a situation where uh a higher fine is appropriate All right let's move on Um and as for case number 18 um it's for
the certificate of use Um again it matches with case number 15 business tax receipt This one is for the certificate of use Okay So uh based on the unreuted testimony of the city's code enforcement officer and the evidence presented showing that the
property has been out of compliance since the No there is no order here right no sir No there's not A um the magistrate did not make an order on on that one So
that's that's a new one Yes based on the testimony of the city's f compliance officer and the evidence presented depicting that the cited violation still exists Proper notice has been given in favor of the city enter an adjudication and set a compliance date of May 16
2024 Uh in five in the event of non-compliance there shall be a daily fine of $350 until the violation is abated All right Thank you Um the next case we're going to hear is item number 19 is
La Perta Life Center Inc Case number is FYBRRR20500 064 This case was previously found guilty by Magistrate Kazoo with an abatement date of March 4th of 2022 The fine was set at $500 plus the $100 cost
assessment The officer on this case is Shaunie Pressie You mean you mean to tell me since 19 since 2022 uh we have not we we have not yet received a uh a 40-year reservation What
what took so long um Officer Prey is on here Um I just took over um doing the 40-year um the reertification um the end of 2023 So all the old cases I am coming in
according to to bring them to court This particular property um the owner was stating that they didn't feel like they had to do it So I had to argue the case that um it is required based on the code By the way I can't I can't see your face
You need to I'm so sorry Hold on All right We got to see we got to see you Okay let me better Okay and um from the last hearing we had um we did came to the conclusion that
they need to do the reertification They do have permits on file but they they still not in compliance as of today What kind of permit so I just What kind of permits do they have um electrical They pulling
something for the electrical work there like the panels and stuff They doing like a I guess a whole interior renovation in the building itself So um it just moving in so slow motion They'll they'll have Do you have any photos of the property i want to see
what the property looks like Um I do have a picture up there Um Mori can you pull it up for me i just have a outside not an inside It's a um it's actually used to be like a hall but they made it into a church
now It's going to be like a church but I don't have any pictures from in the inside but they are the inside They doing renovation to it What was the issue that came up on whether or not they needed to do a 40-year reserfification because they say it's
it's not being occupied at the time It's not being occupied inside Yes I thought you said it was a church Well they're not using it now because they doing renovation So they moved the church I guess they doing it at another location As of now they're having
services at another location I think at a high at a high school Okay So they back in 2021 the magistrate found them guilty for not having a uh a 40-year reertification
uh as building official uh why did you wait so long um the building official now wasn't the building official back then when this um when the case was actually when
the when the 40-year was actually due myself and the building official wasn't here at the city then so I can't answer for anyone else All right Well you know uh I I can impose all the fines in the world but
they're not going to be as effective as a red tag from the building official prohibiting the use of the property and taking this to the uh unsafe structures board Yeah that's our next step and and if if
if you know it's been it's been over four years almost four years and um I would ask that you also take that into consideration and uh and shut them
down Uh you know these these 40-year resertification requirements are important and you know whether you're a church or whether you're a high-rise you have to comply So um based on the unreoded testimony of the city's
code enforcement officer uh the um photographs and the evidence presented showing that the property has been out of compliance since the abatement date of March 4th 2022 I find in favor of the city and
ratify the fines acrewed to date in the amount of $500 U plus uh cost Uh the fine shall continue to run on a daily basis until there is compliance Thank you Anna
Thank you All right The next item we're going to call is item number 20 through item number 22 Um item number 20 is Roger Bay LLC Case number is C MHS
202300752 Item number 21 Roger Bay LLC CMH HS 202300753 And item number 22 Roger Bay LLC C E MHS 202300754 The officer on these cases is
Joseph Danches Good afternoon M We're going to take 20 first Okay Okay Yes No business tax receipt Yes Okay Good afternoon magistrate Um all of these cases are kind of in concurrent with each other Business tax receipt
certificate of use and only the last one is extermination report All the violations were found on the same date which was uh uh May 3rd 2023 Uh letter was posted and mailed out
on May 4th 2023 And also the reinspection oh sorry on the reinspection was on 320 2022 They failed and scheduled it for court on April 2nd
which is today Uh show me some pictures Um magistrate this doesn't have a really picture because it's a certificate of use The certificate of use examination report All right All right So based on the unreed testimony of the
city's compliance officer the uh evidence presented showing that the violation still exists proper notice has been given I find in favor of the city enter an adjudication and set a compliance date of May 16th In the event
of non-compliance there shall be a daily fine of $250 until the violation is abated As to number 21 you're telling me there is no certificate of use either no Uh same ruling Um based on the testimony of the officer
and the evidence presented a fine for the city enter an adjudication set a compliance date of May 16th In the event of non-compliance there shall be a daily fine of $250 until the violation is abated Uh number 22 uh the extermination
report There's no report By the way this all arises out of an annual housing inspe inspection that you all do Yes Uh I inherited a case from the officer uh Chris Coulson and um he did a housing inspection and found these things were
in violation Uh and that house annual housing inspection uh requires uh by section 5-28-2 that there be uh proof of an extermination report and uh based on the testimony of the officer telling me that
there is none and uh that notice has been given I find in favor of the city enter an adjudication and set a compliance date of May 16th the event of non-compliance there shall be a daily fine of $350 until the violation is abaded
Thank you M My magistrate that does conclude the agenda for today's hearing Thank you all It's been a great hearing everybody It was great Keep up the good work Uh Mr
Co-director Raman always a pleasure Good to see you Always in black I'll start wearing black from now on I don't want to grow a beard because it's going to turn out horrible Uh I'm glad I'm glad that you know and madam city attorney of course
your opinion is very helpful So I I wish you all goodbye Have a wonderful rest of the day Thank you and thank you everyone Thank you everyone