##VIDEO ID:XQuNz4Yc-n8## Jose Smith um for the city of North Miami and the special magistrate is empowered under law and the code hold code violation hearing could you give me one second magistrate I started the recording however I'm getting a notice on my computer saying to start the recording so okay if there's anybody uh that has a device that is creating distraction or noise please um make sure you turn it off again good morning everybody I'm Jose Smith recording in progress I'm Jose Smith the uh special magistrate for the um hearing that we're going to conduct today Wednesday February 5th 2025 the special magistrate is empowered by Florida law and the north Miami code to hold C by uh old code violation hearings the purpose of this hearing is to determine if a code violation exists on your property as observe and cited by the code enforcement officer of the city the city is not able to proove the case then I will dismiss it and you may leave these proceedings are being recorded so all persons who are speaking should do so one at a time to ensure that all testimony is clearly audible on the recording device if English is not your primary language then please inform me when I call your case we have translators interpreters who will assist you during these proceedings when your case is called Services how may assist you Andia you're we can hear you sorry when your case is called the property owner the agent for the property owner and any any witness that you may have should announce yourselves and when asked please speak directly into the microphone and say your name out loud your business or mailing address and your relationship to the property if you are not the property owner or an attorney representing the property owner then you must present a notorized power of attorney in order for your testimony to be taken on behalf of the property owner for new cases you will be asked for the record if you're aware and understand the violation that is being heard today and if you understand what is required to resolve violation the city will present its case first and then the property owner uh alleged violator will be given an opportunity to testify on their own behalf to bring forth any witnesses to testify and present any evidence and photographs and also to cross-examine the city's Witnesses following the case presentation I will is isue findings a fact on the case I find that a violation of city codes exist or existed at your property than depending on the case type I will set a compliance or an abatement date for the violation to be resolved or for repeat violations I will impose a daily fine amount for new non-re repeat cases my order will include an abatement date by which you must resolve the violation and a daily fine amount that I may impose at a future hearing should the violation not be resolved by the abatement date if I find sufficient cost postpone enforcement of action uh at this time I will table or continue this case uh to another hearing date in the future if you don't do not agree with my findings of fact or my ruling then Property Owners May appeal the administrative order to uh the Circuit Court of Miami date County uh be mindful that an appeal must be filed within 30 days of the date of the uh signing or the execution of uh my administrator administrative order to be appealed in accordance with Florida law if a person decides to appeal any decision made by a special magistrate with respect to any matter considered at these proceedings then the person will need a Verbatim record or sometimes called a transcript of the proceedings This Record includes the testimony and evidence upon which the appeal is to be based the cost of obtaining the verb on record shall be the sole responsibility of the appellant and it is recommended that persons who plan to appeal uh their case should provide their own court reporter at this proceeding 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 cost uh incurred in Prosecuting the case the current cost assessment amount is $100 per case once the City Records an order that imposes a fine and authorizes a lean against the property then the city will charge additional administrative fees to record and release the lean uh at this point I will turn it over to the clerk to um I guess we're going to do the Pledge of Allegiance first or are we going to um make amendments and add additions to the agenda or deletions or whatever the case may be with the officer administering the oath to the inspectors okay is the officer present yes she is um I believe we met the other day did we not yes we did yes you were doing some work over at the Nova Festival I had the pleasure of meeting you yes everything was wonderful um and uh I was happy to meet you in person so thank you let's uh let's do the Pledge of Allegiance and then we'll move on okay if everyone can put their hand over their chest for the pledge please and please enable your video everyone inspectors okay I pledge allegiance to the flag of the United States of America and to the Republic for IT stand one nation under God indivisible with liberty and justice for all thank you and we'll do the same for the interpreters if you can please enable your audio and video we have our creall interpreter okay okay uh so this is for the translators or the officers first oh let's who officers let's do the officers yes the officers okay if everyone could raise their right hands please do you swear or affirm that the testimony that you are about to give in these proceedings will be the truth the whole truth and nothing but the truth if so say I do I do thank you okay now for the interpreters okay please raise your right hands do you solemnly swear or affirm that the translations which you are about to give in these proceedings will be accurate and to the best of your knowledge skill and ability say I do yes I do thank you all right thank you thank you thank you okay I'll go ahead and read the instructions for today so good morning and thank you for participating in today's special magistrate hearing our review and pro and process by I'm sorry I will review The process by which today's hearing will be conducted make sure your device is always muted unless you are giving a testimony on the on the case if you are using two device to participate in today's hearing be sure your audio is only enabled in one device when your case is called if you are signed in Zoom you will receive a notification giving you access to audio and video so that you may give your testimony if you are physically at the city hall and wish to give your testimony you must sign in with the code Clerk and await a text message indicating your case is ready to be heard upon receiving this message you should immediately come to the Cod compliance office to receive I'm sorry to be provided access to a computer if you would like to speak on behalf of a case on once the case is is called you should click on the raised hand button to be acknowledged before giving your testimony please state your name property address and relation to the property if your case has if your case if you wish to have an interpreter assist during your case please indicate this by raising your hand magistrate that concludes the instruction um we do have one Amendment to the agenda okay which is item number 11 this was due to the wrong code section that we was cited for so is is that an amendment uh to the item we're postponing it yeah we're going to postpone it so you're going to continue item number 11 right it will be postponed for today okay great all right anything all right your your abatement dates your 30-day is March 14 your 60 day would be April 18th and 90 days will be May 16th great thank you you're welcome all all right are we GNA start with item number one nope we're going to start with item number 20 I have a John Paul here for this case Mr Paul I sent you a a notice to let me see hold on okay there we go please accept the um the invitation Mr Paul thank you very much good morning good morning Mr Paul are you the attorney yes I'm sorry I was trying to press all the buttons I couldn't seem to get on here thank you for your patience yes good morning sir thank you for having me here and uh and again I'm the attorney for the White House Condominium Association okay um all right so uh let me um first of all I I've reviewed the file Mr Paul um and uh you're you're the attorney for the association yes sir I am all right so do you understand have you been advised uh what the violation is about sorry I believe it's about the fence surrounding the pool that it's falling apart and has to be replaced you said it better than I could uh it's uh code section 29-5 D 129d and it requires especially around pool areas for fences to be properly maintained and I'm looking at the file right now and I don't think these fences comply um how much time do you need to uh comply how much time do you need to fix the fence well well first of all I like to plead guilty little humor there but I do have we did submit as evidence quotes what time I I think there's a isn't there a time element that we need for plans like 30 days for plans and 60 days to do the work when you say plants you mean to remove the plants and then plant put new ones in or no no I mean for the for the contract oh the plans I'm sorry the plans for the yes okay so you need to uh draft are are the plants drafted already or you need to hire an architect no I meant permits I think the permitting process which includes submitting the plans and getting that so maybe 30 to 60 can I have days to to get the permit and then maybe 30 days to do the work like 90 days would that be sufficient is that acceptable uh yes that would be uh acceptable uh you will uh uh promptly submit your plans to the building official as quickly as possible it may take a little bit of time for the building department to sign off on it and for the work to be done so um but I I I wanted to please understand I'm sure as an attorney you you understand better than most people that uh this is also a safety hazard uh anytime you uh have a pool and and I assume that there's a pool behind the fence correct yes there is yeah okay um I I I'm very very uh concerned uh about residents particularly children uh sneaking into that pool and uh and jumping in so uh is there any kind of protection or supervision or signage or anything that will make that situation safer we could post signs but I don't believe there's any right now okay I I I think uh if you don't mind uh I think that there ought to be signs you I there there's one there that says no trespassing but I think you need to go around the pool and and and say something uh such as under construction uh do not enter um and then make sure that you enforce it if if if the man if manage is there Management on site not on site sir but there is management okay well just uh ask him to please be sure that uh there's nobody walking in there uh so I I'll give you I I'll give you 30 days to present the plans to the uh building department and and and by 90 days I think we should we should be done with this so uh I guess we have uh two uh uh abatement dates the first Abate the first date is 30 days to submit plans and 90 days to complete the work so that oh thank you sir that would be 30 plus 90 which would be 120 is that correct yeah well uh no no you have to submit your plans within 30 days yes to the to the building official and the work has to be completed within 90 days from today which is around May 10th okay now uh you know it it the reason I'm I'm asking and you know the reason I'm I'm kind of pushing is because of the safety situation if if for some unforeseen unpredictable reason uh you must uh you know you must ask for for a continuance uh please discuss it first with code or the building official and and maybe you'll need to do something about the water in the pool uh put barricades around it um you know I'm not going to get into the details of it but uh just so that uh you know the city knows uh I'm concerned about safety so yeah I'll give you the time you need and if if if you need to go beyond that you need to take other measures to uh protect the residents okay I understand thank you very much okay Mr Paul thank you I have a wonderful week you Mr magistrate and everyone else as well thank you okay bye bye let you talk Madame clerk that you uh I got that thank you all right we're gonna go ahead 30 days from day to file uh to submit a plan and 90 days for the work to be completed days from today to complete the work yes sir okay all right we're going to go ahead and move along to item number excuse me for one second I'm sorry but I I don't I don't understand how what is the mean of protection from enterry to the pool if the entire fence is being Fallen apart all over the place the type of the fence that you're trying to do as a protection which is just a um temporary thing it's not going to work so my be you need to board the area that are opened and put some plywood on it so nobody can go through these holes and these opening sign Al loone is not enough I'm sorry you this is mair's mail the building official and this building we actually have a lot of problems with an unsafe uh structure situation and that's only the pool so um I kind of spoke late because um he left already and he doesn't know the understanding all the violation we have in the system for for that property not only the pool fencing but also the structure itself yeah well I can't hear anything that is not before me yes so I can only hear what is presented and so what I would suggest is that you as the building official when you issue the work permit you put on the work permit what they need to do in order to keep the pool safe so if you need barricades if you need them to remove the water if you need them to do anything regarding the uh Renovations modifications uh anything that having to do with the fence in the pool that's within your administrative discretion you're the building official uh I defer to you to tell them what they need to do during construction so in no way am I um taking uh Authority away from the building official to do as you feel necessary to protect the public that is your primary responsibility when you enforce the building code so uh my my recommendation to you is I can't tell you what to do but I can I can suggest to you that when you issue the building permit you issue you issue it with conditions limitations restrictions so that the property is safe all right thank you thank you very much your honor okay you're welcome all right at this time your honor um by by the way by by the by the way uh Madame building official if if if your department deems this to be a a safety hazard an unsafe condition which renders the whole building uninhabitable or uh you need to take this to the uh uh Board of rules and appeals or the unfe structures board whatever it is you still have the authority to do that you can shut this building down tomorrow if you want you can red tag the area that's that that's all within your administrative discretion yes I understand you yeah it doesn't it's that's not that's not within my perview yes okay next case thank you we're going to call is item number 16 through 18 I'm going to go ahead and read that into read that into the records item number 16 Sage Condominium Association case number mhv IO 2023 839 this case was previously found guilty by magistrate gazu with an abatement date of May 22nd of 2024 the fine was set at $500 plus the100 cost assessment item number 17 Sage Condominium Association case number mhv 2023 00841 this case was previously found guilty by magistrate Kazo with an abatement date of May 22nd 2024 find set at $500 plus 00 cost assessment and item number 18 Sage Condominium Association case number mhv2 23842 this case was previously found guilty by magistrate Kazo with an abatement date of May 22nd of 2024 find set at $500 plus the $100 cost assessment the officer on this case is Hae George and we also have the property owner Miss Linda Johnson um we can start with administering the oath to Miss Linda if you can please raise your right hand and enable your audio and video uh okay I'm trying hold on a second you would have to pull over Miss Linda or we're I am I am I am right now I'm pulling over right now give me one minute I was right I was going to go into the clerk house right now let me just pull over I'm pulling over right now I'm stuck in traffic been driving since 8:00 in the morning so give me a minute I don't know can you hear me we can hear you okay I am pulling over now I apologize I thought by now I would be in a stationed place all right has she been sworn not yet put me here to raise her right hand I'm doing it right now turning in and parking right now okay before we do that I I see the building official uh has her her hand up uh is there a question that that was for the previous case okay that would just Hur but she was able to give her her expertise and comments yes Miss Linda please raise your right hand okay yes do you solemnly swear and affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do thank you Miss Johnson what is your relationship to the property please I am the property manager for sage condominium okay I'm I'm looking at the uh sunis information uh and um I don't see your name on there anywhere so you're hired by the Association as the property manager yes uh the company's name is LJ Services Group and I'm the owner of LJ Services Group and I am the registered agent okay you are the reg well yes you are the registered agent you're part of LJ Services Group the register your office is your office is at 1150 K Concourse no my office has moved and our our present address is 12,000 biscane Boulevard sweet 406 Miami Florida 33181 okay um do you know why you're here yes there was um three cases 16 17 and 18 that the clerk already spoke about um I am here to give an update so that you know what's been going on I know that we had an abent day of May of 2024 but due to permitting Etc um we were not able to finish the job by that time there is a permit pulled currently for um the the one of the building and I have the processing number everything but now we are uh also seeking to get an electrical permit that we need to get and right now that's in process in order to be able to continue with that but everything is related the three cases because I can't get the business tax receipt until I get completion of the work that's in the hallway that gets involved with the fire alarm panel that the fire alarm is also in permitting all right and nor can you nor can you get the U certificate of use correct okay I'm I'm looking at the photographs uh I don't see the work that you're talking about in any of these pictures Let me hear Let me hear from the inspector okay good morning I'm inspector H for the city of North Miami um concerning the uh the permy stock out for the it was a a violation that was uh it was a what's the word uh it was a violation that they she pulled the permit for the structure for the building which is is not one of the cases that we're hearing for today yeah I see I I see windows in in the pictures like a screening issue maybe uh a softed issue but I don't see I don't see the work that uh the sofit I'm sorry the sofit is the the work that is permitted that's being worked on case magistrate is for the sofits wiring mesh So Jamie you it's item number 16 on the agenda that's what you're she you're hearing right now let's let's hear uh the first one number 16 which is the screening violation replace the missing soft head wire mesh yeah so the uh like towards the southeast section of the building towards the back the uh the soft wire mes it looks like it's it's like uh broken or I don't know it's missing apart so that hasn't been replaced yet and you need a permit for that I don't think so yes you do you need a permit okay oh I I which we have no you have a a process number don't have a building permit um we have no there is a permit and there's an electrical permit we have I have the permit card and everything I don't have it with me right now but I can share it I can look for it right now in my phone um we do have the building department here available they can verify if there is indeed a permit on file for the S so um I don't know um building official or Miss prey or Mr Co if you can Aid in verifying if we do or give me a second give me a second I'm verifying right now okay and is there a uh a violation uh for the windows uh or or not no sir okay because I don't see screening on the pictures and that address is 2185 Northeast 123rd Street 23rd okay just for the record we're looking at a violation under Section 5-22 which has to do with screening okay so I don't see anything saying for far as as the screening I know they doing some work for the bottom balcony area um they have a permit for that and that was issue um and that's about it um s wire mesh on the south section I don't miss Johnson if you have one um yes can you it's a s it's that it's the one that Miss Presley is talking about it covers the whole s let me see the picture the whole s from end to end I'm sorry cuz it say it said just repair the bottom of the balcony front building area can I see the picture again I don't want do you want me to show you a picture of the work thank you now these are the photos that's all the phone numbers those are all theot I don't see anything in my agenda having for that description that for the for the description and what the pictures is showing it's two different things that the description does do show me any back on the pictures doesn't show me any back oning area so the pictures and the description of the work is not for the same thing so well they're working on the whole thing uh it's a s it's not like a balcony it's a catwalk and it's a sof and they're doing that plus that's the other one that he finally I get a picture of what it is is because I never got that picture to us okay but he's working on that area as well which is underneath the roof which is a screen a vent screen that has the roof that's getting repaired as well but there is a sofit of the whole catwalk that's being currently done okay I understand what you're saying but the description for the permit that you submitted for I don't have your plans in front of me but the description that your your contractor put in the the um for the the description of the work he put repair of the bottom balcony um I don't see a bottom balcony there on your pictures that I see for what he wrote a violation for he is mentioning soften in his violation but the description for your permit that youall apply for is saying you repairing the bottom of the balcony area it doesn't match up of what we talking about now yeah but it is I can tell him to reward it I would help I would to revise your permit of the description or something in there or coming in here and see me so we can clarify that but for right now I don't see a permit for it okay so I guess uh what what what is happening is that that Miss Johnson uh a permit was applied for for something other than the S I'm I'm I'm only here to hear I'm I'm I'm only goingon to hear the off okay and and and you still don't have apparently there is no permit for that so um and and this goes back uh magistrate magistrate Kazo find you uh found you guilty on April of uh last year and gave you a an abatement date of May 22nd and here we are and uh and and we don't and I'm I'm only talking about the wire mesh I I I don't necessarily think that it's a life safety issue I don't necessarily think that it needs to be done you know like right immediately now but if on that issue only that wire mesh it doesn't seem to be overly complicated to do that work how much time I if it's only that screen that that they're asking to get replaced which is a mesh there on the rooftop I could get the guy who's doing the softare right now which is a structural issue cuz it was falling down and I'm surprised that it's not in the report and that's why we have that permit for that um I'll have him go ahead and try to replace it before the end of the month and that's not a big deal can I out something magistrate yes that this violation has been open in 25 of 2023 10 more days will be two years on on a mesh violation yeah is the condo association having financial difficulties ma'am yes of course they have to replace the seaw wall they're doing some concrete this concrete thing which is part of their 40-year recertification 50-year recertification of the building as well that they're working on and that's why they're doing this permitting and they're pulling out a fire alarm panel that has to get replaced which we with the city of uh with the city of Miami day County Fire Department as well we're working on that as well and electrical repairs that need to get done as well that a permit is being pulled out as well the electrician has to come to our office to get the paper notorized and it's going to be presented to the city of North Miami yes the building is doing a lot of things and that little mesh if it would have been explained at the last hearing it was not explained nor that picture was provided at the last hearing I would have gone ahead and got that done but the contractor who has a permit pulled out can get that done immediately that's like a little mesh that can just be replac placed we thought it was the whole sopit which is the whole catwalk underneath that that was coming apart and I have pictures of that and that's what we thought that this whole violation was about magistrate also um as Linda stated that these photos were not provided in last hearings these photos are the same photos that was provided last hearing as well the photos do not REM we do not remove any photos off a case so whatever in the case is the same photos that's been there before M Miss Johnson uh I have an order that was entered uh a little bit less than a year ago and a case that started in 2023 and I understand that I don't want to add insult to injury to a condominium that is in financial problems have have you uh has the condo applied for financing or do they have the funds to do the work or should I they're currently in the process of passing a special assessment as well as obtaining a loan to be able to do all the repairs that are needed um I do tell you that if I that picture that was shown in this Zoom call I was in the zoom call with the other magistrate the the last time and it was not shown it is such such a simple thing I would have gotten that done we really were under the impression that it was the big sof work that is being done currently I can get that done um I don't the association cannot you know is not not wanting to do what they need to do but when we get the notification of the violation there was no picture attached to it um uh obviously it's being mailed to the wrong address I I updated that information when last when I had the special magistrate last time as well um I don't have a problem uh redoing it we're updating sunbiz as well now so but I really don't think that it's a big thing that I could get it done in a week even so you know I could get it done immediately before the end of this week if it's that little mesh that they're talking there is there is too much going on right now uh with this building which started with an annual housing inspection dating to uh very early 2023 that was two years ago when the um housing inspection was done you were given a list of all the things that are that were needed I'm looking at uh the housing inspection report item number seven says damaged sofit wire mesh on Southeast section of the property so your uh people were aware as far back as 2023 that there was a problem with the sofit uh go to number go to number seven right here it's right there so it doesn't I'm sorry but it doesn't specify what section upper Southeast lower Southeast we thought it was the whole sopit and that we've been working on the offit since then we have contracts with contractor the permit process has everything it's not like we didn't want to fix it and we've been working on the whole building not just that we've been working on everything that was listed that we needed to get done well I have uh the only this case right now in front of me and it has to do with the do of it and to me it's pretty clear on the housing inspection report what needed to be done if you want to know the specific you know uh location I think all you have to do is walk around the building and and notice it it's pretty clear on the pictures no not really sir if you see the sawet if you would have walked the cwalk the S you would have seen that the softw the catwalk sofit was actually having an issue and it was fall coming down and we it had a crack so it wasn't specific if it was up by the roof or was it in the catwalk and that's what I'm trying to make clear it wasn't like we were not trying to do the repairs cuz obviously the association is always wanting to do whatever needs to get done and we've been working on wasn't on here um uh the the case was heard uh uh the special magistrate kazow uh entered an order uh I have to presume that she heard all the facts and everybody was given an opportunity to be heard and and everything was discussed and I'm not going to second guess what a prior special magistrate ordered so the only remedy that I have right now now is to ratify the fines um as of the abatement date if you uh feel that you've been wronged or that you would like mitigation you can always there's a department in the city that will will help you but I am going to ratify the fines and my order will be uh that based on the testimony of the city's code enforcement officer the photographs all the evidence that I've heard including the entire court file which I reviewed diligently I find that the property has been out of compliance since the abatement datee of May 22nd 2024 I find in favor of the city and hereby ratifying the fines ACR to date in the amount of $250 a day uh and assess cost in favor of the city the fine shall continue to run on a daily basis until there is compliance that's my magistrate you said the ratified fines was at 250 here it's at 5 on the that is ridiculous for a mesh it really Sor ma'am I'm I'm gonna I'm gonna shut off your phone if you keep arguing with me okay I went ahead and muted her majestry okay all right that that is correct I was looking I'm sorry I was looking at the prior case uh the number 15 yes the the fine uh is $500 uh per day beginning on May 22nd uh as per uh judge caza's order and those fines will continue to acre on a daily basis until there is compliance and again we are discussing the uh the missing sofit wire mesh which was clearly identified in the housing inspection report it is noted in the photographs that are part of the file and anybody that wants to look for the issue can readily find it this is not a hidden uh problem this is out in the open so uh and and and I I I'm not going to overrule what a special magistrate has already determined to be that there is a violation and a finding of guilt so having said that I'm ready to move to number 17 which is the same condom minion yes sir I me is the officer here if you can give your testimony Jamie good morning SP jge um for the business tax receipt it was uh previously found guilty uh there's still no compliance because see they're not able to apply for the BTR the business has order CER certificate of use until they finish the work so no complaints and there is a a prior finding of guilt yes sir correct yes okay uh Miss Johnson do do you do you have a bu a a business tax receipt a BTR on this property we do not have it due to the fact that we cannot get clearance from the fire department and it's part of the fire alarm panel that is being worked on okay so it's the fire department's fault why you don't have a a BTR it's the fire alarm panel yes they gave us a violation and until it's cleared they won't give us the certificate that the city of North Miami needs in order for to give the business tax receipt in order to get the occupational certificate and all of that it's all combined together okay inspector Jorge yes what's going on with the fire department uh does Beyond me I I really don't know okay does anybody know anybody uh know what's going on with the fire department best magistrate may I yes sure typically that process takes place within the building department uh you know basically what we're checking for is is that business tax receipt applied for do they have a certificate of use is if the answer in our records is that they don't they don't have it most of these cases they're a couple of years old and we're just coming back on those lists so as of now the information that we would have preview to within my department would be whether or not they have the business tax receipt of their certificate of use uh I I'm not you know too too familiar in terms of the complete process but I know that the fire department would definitely have something to say in regards to that and there may be something that they may or may not be answering but a it's part of what they would have to give to the building department okay well uh there go ahead I'm sorry um the building department per se doesn't deal directly with the fire department that's miy day County so when they're applying for their local business tax and their certificate of use they have to go to Mi day County to get that process dumped and then come back to the city to the zoning department to submit those documentation it's not directly with the building department unless they need a permit for certain things now a fire alarm what it would go simultaneous with the building department and the fire department depending on what the depart fire department is requiring them to do that information is not related to us because the systems does not um talk to each other Mi day County and North Miami system does not talk to each other so any um items that needs to be dra with the fire department if they need any help or any assistance they can come over and I may can answer their questions but most of the things they need to deal directly with Mi day County Fire Department exactly that's what we're doing I'm I'm looking at the annual housing inspection uh report that I just referred to before and under item one fire safety um it seems like everything passed what it's the fire alarm I can show you the violation from the city the department of Miami day the fire department is actually not um not giving us the certificate that they're supposed to give us the permit by the city of uh the fire department City that we're supposed to have and it's because of the current violation with the fire alarm the fire alarm is getting replaced and brought up to code now due to the in insufficiency that the fire alarm when it was presented um like two year a year ago two years ago a year ago back in the beginning of January 2024 we presented uh a permit with the City of Miami uh fire department and uh it at that time it was just for a repair they would not allow the repair and they said that we had to replace the system so we started the process with the permit the contractor um did some things um and the association had to go back and get more bids get another contractor because this contractor said that with that repair everything would be taken care of obviously you don't have it because it's Miami dat County Fire Department I can provide that to inspector George if he wants our violation our current violation and also the plans that have been submitted for the fire alarm so that he can see that we've been in process but unless we get that we can apply for the certificate of use which then hence is with the uh business cert uh tax receipt all is combined with this paperwork that I need to get in order to get done okay I just think clarification from the city uh when you look at the annual report uh everything under Fire Safety including fire alarms fire uh certifications control panel pool stations fire doors everything passed so what what did not pass that that is not noted here okay that's a question for housing that in who goes out that's not the building department they're dealing with code enforcement they do the annual housing inspection now as far as the Miami day County fell in her for the fire alarm going back to that only thing I can speak on for what I can understanding what she's doing now she have to if they failed her and told her that that alarm cannot be repaired it need to be replaced she need to submit a permit process to us and also submit plans to Miami day County so she should have two process one with us which is not in our system and with Miami day County Fire once she get once she get her permit approved and approve and she paid for that permit with Mii day County Fire should come back to us and give us a copy of those plans and we'll process in our system okay I get I have attorney I have Deputy attorney um that raised her hand uh okay Madame attorney yes go ahead just wanted to weigh in so the prerequisite to get a business tax receipt is a fire inspection by Mii Dade County um obviously Mii Dade County is notifying the property owner that it does not meet Mii day County's Fire Safety Code and that they are not going to authorize the city to issue a business tax receipt because in their opinion it should not be operational so the city doesn't have any say in that process that is um between the property owner and Miami bade County to because the city you know does not have a fire department we do not have anyone here um that is authorized to enforce the fire code that would be my day County and the onus is on the property owner to take care of all the prerequisites needed to get the business tax receipt and that has not been done in over a year and like I said we did apply last year for the permit for the repairs that the contractor at that time was Premier Fire Systems he said that with a repair it would be okay and then the city of the fire department Miami date and I do have a process of number for that the permitting said no you have to replace the fire alarm system at which point the association went out and bidded the job and we have another company and I do have the plans I can email them to Mr George that have been already with the engineer had to redo all the plans for the fire alarm to bring the whole system up to code because now they're requiring it certain different things that before the building didn't have and I have that right now and they I believe they might have a process number with the fire uh fire department at which point I think that they should be applying at the same time I don't know when but shortly they should be already with the city of North Miami as well but it's been a long thing because it's been a back and forth with the previous contractor yeah it's been a long thing because some people I'm not suggesting you had anything to do with it but some people have been dragging their feet and ignoring uh uh the orders of the special magistrate and as we said before this is already way past what judge kazow uh magistrate kazow felt was the right time within which you had to correct the problems and uh so because there is already an order uh with findings of fact uh which I cannot overrule um I am going to ratify the fines as I did prior case and uh based on the testimony of the city's code enforcement officer and the photographs and evidence presented that there uh property is still still out of compliance uh even though uh the abatement date was May 22nd 20 24 uh for a business tax receipt uh there is no business tax receipt uh for whatever reason there is no business tax receipt and it is illegal in the city of North Miami to operate a cinium Association uh without a business tax receipt uh so I ratify the fines approved to date in the amount of $500 uh and assess cost in favor of the city the fin shall continue to run on a daily basis until there is compliance if you do not if you do not agree with my order there are ways that you can either mitigate it or file a an appeal with the circuit court but that's my order yes somebody uh yes magistrate I was saying if that order is for for 17 as well as for 18 since it's for the I will I will I will make the same order since it is the same amount the same abatement date and the certificate of use uh runs concurrently with the business tax receipt I will enter the same order uh based on a different section of the code which is 29- 3215 293 215 the uh business tax receipt um uh code section is 119 so yes as to both uh I I enter the same order thank you next case all right the next case we're going to call is item number four on the agenda item number four is Benjamin Antonio panimo and Molina case number is cbpr 2023 00921 the officer on this case is Brentley Daniel I will go ahead and invite U Miss Benjamin Mr Benjamin to speak Mr Benjamin please accept the invitation and once you accept the invitation please enable your audio and video all right Benjamin we need to be able to see you can you see him now no we cannot he needs to click on the video icon the video not that icon the video where would that be at I'm sorry I'm just um it's a little um image of a video camera you need to click on that okay hold on okay we see a Benjamin and a red shirt now do you need an interpreter um I'm his friend but if you do have an interpreter um it would probably be a lot easier for him to understand okay we do have one all right so um interpreter if you can enable your audio so um I can do the swearing all right Mr Benjamin please raise your right hand see 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 interpreter yes thank you all right the uh sir you're you're correct legal name is Benjamin Antonio Anon correct yes who is Pano Molina is Pano Molina Molina Pano is first last name Molina second last name okay so your full name is Benham Antonio panameno Molina Molina okay I thought we were talking I I thought it was two different people okay now now I understand okay do do you understand why you were summoned to come to this meeting I understand and you are the owner of the property at 1545 Northwest 130th Street okay yes you're on 1545 Northwest 130th Street did you per form any work on uh those premises okay yeah H yes I did work on those uh premises we bought the property two years ago but the previous owner left some issues with the windows and we do have a permit for that only windows Okay we okay correct window okay we have a permit we have the permit for the perula for the garage the car poool and we're working on the permit of the windows once again the previous owner left us the issues with the windows what about the door uh that's an existing uh door and we hav't uh work on it all right when you say you have a permit do you have a permit with you now that you can show us yes uh thank you I have the perula permit with me the permit for the carpool uh is is attached to the carpool but I do have the number for the permit has it been approved have you gotten a CO from the city see yes okay uh so Inspector Inspector Daniel the inspector is Daniel all right d Danny are we in two different universes here he says he's done he's got his Co his permits everything's wonderful tell me tell me what's going on yes your honor um good morning everyone I'm inspector Daniel with the city of North Miami um when I initially opened the case back in 2023 I did notice that there were new windows installed they were doing some construction work in the rear um of the property so um I did take those pictures issued a violation now as far as the case uh history is concerned he did apply for variants as I'm looking on Eden at this moment uh variant application for setbacks um it was initially cancelled back in August of 20124 and it got finalized January 16th of 2025 but those are the that's the only variant that I'm showing in the system as far as the address history there's no variance that I'm able to see maybe the building department can confirm if they have uh an updated system more recent than mine I don't see anything for the windows so you don't get variances for code violations so so with all du respect uh you know he may have applied for a permit to uh to get a variance for a setback that's fine but we're not here about a setback we're here about work without a permit and my my question is did he apply for a building permit does he even have a process number and if he has a process number um then what's what's the next step um I don't see any uh as far as for the windows is concern I I don't I don't see any U any permits at this moment your honor uh uh Mr Akuna please explain to uh Benjamin what the inspector just explained that all he has is a uh an application for a variance and that there is no application for uh the windows the doors the porola they they show nothing in the computer exp magistrate yes M sorry to interrupt we do have the building um official officer pressy here who did raise her hand in regards to this um if she can probably comment and maybe she checked first before we ask Mr Benjamin okay so he do have the permit for the per and the carport the permit is good to July of 2025 now as far as the window permits it has expired he needs to come in to renew that permit that permit for the windows is no permit for the door so we don't have a permit for the door but he's saying the door is assistant I have to double check that but we don't have the door I have to see I have to check a couple of things to see how the door the original door looked now as far as the windows is expired the homeowner need to come in to renew that permit and as far as the the terrorist in the back in the perlar he does have permit on on file and is is active until July okay so he's he has um a building permit uh for the perola the patio but no building permit uh for the window or the door correct yeah the window needs to be renewed the pergula he has and the door there is no permit based on what Miss pressy said okay um Mr interpreter uh if you want I can repeat what the building official said but basically what it shows is that um there's a window for the patio which expires on July 25 if no work is done if it's not finalized but there is no permit for Windows uh or doors can you explain that to him yes your honor see comp okay uh Mr uh benam is stating that uh the the there was an uh contractor for the windows but uh he closed his business so right now they're working with another contractor and they're going to renew the permit for the windows okay so I I get it so as to the Burgas the Pao area you have until July 25th to do the work so at this moment you're not in violation okay as to the as to the windows and the doors how much time do you need to uh get that permitted and the work completed in okay let me uh let me save some time uh because I understood his answer okay let let me let me um let me rephrase my question I don't know unless code tells me otherwise that you need to put in a new door you may have to get the door uh permitted that's the question that I'll ask the inspector uh uh so so explain that to him that the issue with the door is not that he needs a new door it's that it's not has not been reviewed and permitted okay okay he's saying he's saying that the door is original that he never changed it that that's the original door that the house came with the window okay all right I I got I got my answer he needs he needs two months on the windows but can I get a uh an interpretation or uh uh a statement by code on what he needs to do about the door is there something wrong with it or it was put without a permit or do you need a permit to to change a door you do need a permit to change a door he says it's the original maybe he painted it yeah he painted it he said it's the original door that came with the house he just painted it all right this what we're going to do within that 60-day period the code inspector is going to go out there when you're done with the windows and take a look at the door and if it's the original permited door for which there was a CO issued at some point then we'll see if uh if if if it complies if if there's an issue with the door then 60 days from now we'll find out so uh Mr interpreter just say uh interpret what I said okay okay okay all right so based on the testimony of the city's scod compliance officer having heard from uh the building official as well the photographs and the evidence presented depicting that the cited violations asked to the window and possibly the door uh still exist and that proper notice has been given uh property owner has testified I find in favor of the city enter an adjudication and set a compliance date of 60 days that is uh through uh April 18th 2025 uh in the event that that um there is non-compliance there shall be a daily fine of $250 until the violation is evaded okay senor wait wait Mr interpreter he's going to get that wrong okay okay the two $250 fine will begin okay on April 18th of 20125 okay if if but only if there's no compliance okay we're working on that to complain okay there is no fine today there is no fine today the fine the fine will start only if you do not complete the work by April 18th we're only talking about the windows and door right right because because you have already applied for a permit for the patio which is still uh valid until July uh of this year so if the work is done on the patio and approved by July 25th then you're good okay okay all right I'm ready to hear the next case I have a question in there's a delay uh with the permit uh with the windows the manufacturer what can I do and my answer is talk to the inspector Spector okay okay okay all right all right we're done right the next case the next case we're going to hear is item number 21 Venice delar homeowners association case number CZ c2023 00761 the officer on this case is Jonathan lest I also have Joanna Clark here representing this case as well miss Joanna if you can please accept the invitation and raise your right hand and enable your audio and visual Mr Benjamin you can leave yeah okay thank you you're welcome good morning all right Joanna thank you good morning if you can please raise your right hand for me do you solemnly swear and affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do all right ma ma'am uh for the record please tell us your full name your address and your relationship to the property my name is Johanna Clark I am the property manager for Vino delar located at 2350 Northeast 135th Street North Miami I am not on sunbiz I'm the property manager from first service residential uh that was going to be my next question you're not an officer director uh no sir okay the registered agent is ha law correct okay yeah you got a whole bunch of uh people that that are part of the association I'm looking at the pictures uh that are part of the file I'm familiar with the property and the only question that I ask of you is do you have a certificate of use for the property and if if if not why not I do not have the certificate of use for North Miami I have obtained already the one for Miami day County I am currently under the Derm approval section uh to be able to get it um it's currently I just checked it now while waiting it's pending supervisor approval not sure why but uh it was denied on The Germ side once I get that then I can go and finish the process on the city of North Miami side okay uh the building has never had a certificate of use in the city of North Miami that's what surprised me as well with which is why I had to start the whole process all over um do you need to go through zoning as well uh I did earlier uh last year to be able to get because they didn't register us as a condominium I wasn't sure why not so I had to start I started everything from scratch again and I had to prove the buildings 50 years old so everything is brand new for Vino Delmar as of last year a new certificate of use with Miami day County a new uh Derm approval from the county as well but I do have my life safety permits those are good do you have a BTR no I can't get that until I don't get the north Miami CU okay and uh I don't see a violation for that from the city but I'm sure you'll get the BTR as soon as you get your certificate of use let me hear from the Inspector Inspector lestre morning everyone uh inspector Jonathan lri for the city north Miami Neighborhood Services Department on February 6 2023 I opened a notice of violation uh to vasino delmare condominium for not obtaining their certificate of use um I posted the notice of violation and I also sent a certified letter to um the mailing address and as of this morning like Joanna said um the condominium does not have their certificate of use nor their business tax receipt as well okay why didn't you issue a BTR violation uh business tax receive violation is open um it's just it didn't I didn't uh put it into the this magistrate hearing okay uh so how much time do you need to finish up with durm I sent them another message asking what I need to be able to get it approved um because I've done everything they've asked for uh revised the letter twice already so I'm not sure exactly what my next steps are I'm waiting for their response but I'm hoping within less than 30 days DM durm has jurisdiction because of water and sewer issues or normal normal stuff I'm assuming it's the water and sewer issue it's part of the application process for city of North Miami that I need that Mr lestre any uh safety issues anything that you saw wrong uh that that needs to be addressed um when I did my inspection I didn't observe any life safety issues at the property um I just went there for the certificate of use and the BTR okay all right so um I'm gonna knowing knowing how uh THM works and they're slow as molasses and I understand your frustration um I'm going to give you 60 days to get your act together both on the uh BTR and the uhu certificate of use which basically go together you can't get one without the other So based on the unrebutted testimony although I'm not citing you I'm not this this is this hearing today is on the certificate of use but I would encourage you to also get a BPR once you have the certificate of use in place so based on the unrebutted uh testimony of the city's code compliance officer um 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 of 60 days which is uh uh April 18th uh in the event of non-compliance there shall be a daily fine of $250 until the violation is Abad so um hopefully durm will uh move a little quicker uh you got to stay on top of them if there's a problem uh speak to the inspector and uh maybe the two of you can work it out if you need like an extra 10 days don't don't don't you know don't bring it before me just go ahead and give her a little extra time if needed okay all right thank you thank you so much have a great day all right magistrate I do have a Steve Moren here um but I've been trying to communicate with them through chat through the chat and they have not responded Steve if you can please let us know what case property address you are here for and accept the invitation that I just you if not let's proceed with the uh next case if uh Steve is the only one left in the attendees Steve he's here but I need we need to be able to see you and hear you okay now we need your video Mr Mor okay can you please let us know what case you are here for uh or the property owner Earth Wind and Fire LLC no that's that's a ban okay Earth Wind LLC okay Earth Earth Wind Earth Wind LLC all right all right magistrate that's item number six on the agenda let me go ahead and read it into records um we have item number six Earth Wind LLC C case number CB p2024 009 the officer on this case is haime George Mr Steve would you please raise your right hand do you solemnly swear and affirm the testimony you're about to give in these proceedings shall be the truth the whole truth and nothing but the truth so help you God please say I do I do thank you okay um Mr Moren your full name add address and relationship to the property please uh my full name is Stephen Andrew Moren um my address is 8551 West Sunrise Boulevard suet 206 Plantation Florida 333 22 I am the uh permit and real estate services provider for Bank United I have been filing the permits for this violation okay this this is the uh Bank United on bisc and 123rd Street right yes sir yeah I happen to have driven by there uh Saturday uh while I was attending an event I almost felt like driving in to check it out myself but I decided not to I'm familiar with the building uh it's a nice beautiful structure except that uh you got a storage uh facility in the back with the name Bank United use only and uh the city uh charges you with uh the um violation of section 532 which uh requires a building permit for the dumpster inclosure uh are you aware of that yes sir we have filed for that permit sir is that is that a snake uh on on the ground there next to the dumpster I mean what what is that stuff see what I'm that's a stick that's just a stick that's no snake that's a stick it looks like a snake uh okay um if if it was a snake it would you know we would we would be having a different conversation all right so sir you you had a permit before that expired and now it has to be renewed or what what's the issue there uh no the it's current it's a current it's under plan review um the process number is BLD DG -224 d00 30 Z 93 and we have uh some plan review comments that we submitted for on several occasions the architect Patrick valent has tried to visit the building department to talk to the reviewers the zoning reviewer that was in charge of this is no longer with the city and the reviewer from building that he tried to meet with is no longer with the city we were given uh a field inspector's name to discuss this matter they had requested an asilt certificate for the um the dumpster enclosure which was submitted and subsequently had some comments provided um I believe we are down to two comments that need to be addressed in order to get the permit issued okay how much time do you need uh I would I would say 45 days okay I'll give you 60 how's that that'll be great thank you sir okay uh does Bank United own the building or it's owned by the the Poli hold tenant okay just just as full disclosure uh I happen to have an account at Bank United I I don't believe uh that that would be a conflict and um I would recuse myself if if I felt that it was uh but I would um go ahead and rule that uh based on the uh uh City's uh Cod compliance officers testimony the photographs the testimony that I've heard from the property uh manager uh I find that the violation for the dumpster still exists uh let me see and uh therefore I find in favor of the city enter and adjudication and set a compliance date of 60 days April 18th in the event of non-compliance there shall be a daily fine of $250 until the violation is Abad so to explain in simple English is that you're not being cited today I'm giving you 60 days to uh get your permit and then after 60 days I reserve the right to impose a day a daily fine of $250 if there is no compliance should there be some last minute emergency uh that prevents you from getting a permit I would encourage you to talk to the inspector and uh inspector George and uh I'm sure that he'll give you a few extra days if necessary uh so I appreciate your your cander you're uh uh being present and um wish you all the best thank you sir I appreciate your time and just for the record uh what item was that number six that six yes okay Earth Wind all right interesting name they should have called it Earth Wind and Fire all right okay what what's the next uh I guess the others are non-contested or yes sir um I did have someone reach out to me through the chat um we'll go before I go in order uh we can start with item number three ahds ocean Kings LLC case number fyb RR 2020 0076 this case was previously found guilty by magistrate Smith with an abatement date of November 14 2021 fine was set at $1,000 00 cost assessment um there was a Miss G if you are still online Miss G uh if you can enable your audio and video okay Miss gig is here thank you thank you thank you and the officer on this case is shaie pressy Miss Gigi um if you can please raise your right hand for me do you solemnly swear and affirm the testimony you're about to give in these proceeding shall be the truth the whole truth and nothing but the truth so help you God please say I do I do thank you okay ma'am uh uh please restate your name address and your relationship to the property our same GG sarapan property is ahds ahds ocean King located at 14560 Northeast 6th Avenue I am the property manager all right um this property goes back a long while I understand uh we're talking about um let's see you were found guilty I don't even remember I think it was November of 2021 and that's because you did not comply with the 40-year recertification right as for my understanding you're correct okay why not um as for the previous owners they were working on it and they sold the building resold the building and now again is in the process of closing with a new owner as for the new owners coming in they should be signing for the closing by the end of Friday of this week and they will bring all the violation for the 40 years and up to date according to them it's also have the engineering letter ready and they are ready to move forward as soon as they close Friday well I would suggest to the closing agent to withhold money to pay for the violations that I'm about to impose because they're buying into a property that the owner the new owner or the purchaser should well know is in violation so um they should charge the uh prior owner the penalties that I'm about to impose because um I'm tired of waiting and the city's tired of waiting and my orders are being ignored and that's not a good thing and they're sending you instead of coming in themselves to explain to me why it's taken so long and whether they're going to withhold money and escra to pay for these violations and I find that their actions By ignoring my order since 2021 are in bad faith and the 40-year recertification law which is a County uh ordinance Incorporated in the city of North Miami is designed to protect the public from what happened in Surfside two or three years ago and you cannot treat those violations like a jaywalking ticket or a littering ticket these are serious violations so what I'm going to do here is I am going to ratify the the uh the fins uh based on the testimony that I've heard and um find that the property has been out of compliance since November 14 2021 and I will uh again find in favor of the city ratify the fines aced to date in the amount of $1,000 a day and assess costs in favor of the city the fines shall continue to run on a daily basis until there is compliance so I would urge you and perhaps the city to advise the new owner if at all if if you can that um they're buying a building that is subject to extensive uh fines that have been levied against it for failing to comply with a 40-year recertification in the meantime if the building official is present I see officer pressy I would suggest to you that it's almost time to take them to the unsafe structures board uh and revoke whatever license they have and do whatever take whatever remedies the unsafe structures board uh deems necessary because of their failure to file the 40-year recertification which is now four years AG um so you have my suggestion Authority permission to to take this property to the unsafe structures Port would noted okay so uh with that uh there's nothing more to be said about that property awesome okay all right thank you magistrate interpreters you may leave as of 1112 the interpreters May sign off thank you interpreters good work thank you your honor thank you thank everybody all right we're going to move forward with item number one uh we need to uh sign off uh Miss sarapin oh okay one second all right Perfect all right we'll start with item number one 1525 Northeast 125 Street Prestige Point case number is CMP 2023 0169 the officer on this case is Brentley Daniel let let me hear from the officer yes your honor good morning inspector Daniel with the city of North Miami I initially opened the violation back in July of 2023 in reference to uh stagnant water that was coming out of a pipe and that stagnant water would inhabit um mosquitoes so went ahead opened the violation took pictures to the property and as of my last reinspection the violation was not cured all right I I've seen the pictures it looks like there's a broken pipe in there somewhere um which may cause another violation if there's a broken pipe but in the meantime since there's nobody present uh I see the uh the standing water and it it definitely uh reads uh mosquitoes based on the unrebutted testimony of the city's code compliance officer the photographs and the evidence presented depicting that the violation uh still exist proper notice has been given I find in favor of the city enter an adjudication and set a compliance data of 30 days that's uh March 14th in the event of non-compliance there shall be a day daily fine of $350 until the violation is evaded all right item number two is 4 Northeast 137 Street Prestige Vista case number is fyb R r221 00109 the officer on this case is shaie prey um for that case for 400 Northeast 137 I mean sorry 137 Street they did subit me the report this week so I'm actually reviewing the report um I just can ask to postpone it I guess you already gave him a baitman date to March 14th for make sure that everything is in compliance before we could bring it back to court I guess so I can review the um it was it was brought to court before shie I don't think so um I don't think so not this building okay no and I I think uh from from reading the uh the file uh basically they had met all the requirements except that the city insisted on some type of uh photograph or thermography or or or some technical picture of something I don't know what that is have they complied with that he brought it to me so that's the only is pending left which I have it he bring it to me this week so that's what I'm going over right now okay it it didn't seem like it was a life safety issue it just seemed like they need they needed to they needed to prove that bring a picture of something yes so the um the infared report is another requirement that Miami day county is enforcing with the 40-year I mean the recertification reports now um so it he just had to bring me that um report which he did this week so that's what I'm going over if everything is good he'll be having his clients letter okay I'll dismiss the case then okay all right the next case we're going to hear is item number five dri Val and romalo Charles case number is c m i s 2023 00144 the officer on this case is Jonathan lry morning everyone um inspector Jonathan Lester from the city of North Miami Neighborhood Services Department uh this violation is in regard to their violation of their certificate of use on February 6 20123 I opened a notice of violation in regard to the business um operating outside of their use by parking their um Vehicles outside of their property in the streets in the sidewalks um and in the city Wales I posted the notice of violation I also sent a certified letter to the to the business I also spoke to a representative from the business who stated that he's not operating a business but as you can see from the photos he is I believe he's still operating uh J&J carlot as the date the business can someone please it's for hearing CIA M can you mute your um I'll mute it never mind go ahead okay I apologize um so the violation still it still stands um the vehicles are still parked on the city swales um on the sidewalk and the business is still operating okay um I've seen all the pictures yes there are a number of Motor Vehicles that don't even have a license tag which to me indicates that they're being sold to somebody uh it it looks to me like there is a business going uh on with that many cars uh is this Zone residential or is it Zone commercial mixed what what is the zoning do you know it's Zone C1 so it's commercial it's a mixed use um so uh residents stay at that house well it's a commercial property but um residents do stay there well I I that's a lot of cars if they're not doing business that's a lot of cars and many of them don't have uh license tags on them and look at one of the pictures right here anyway uh I agree with you uh and uh if if they uh if they disagreed they should have been here so based on the unrebutted testimony of the city's Cod compliance officer and the photographs uh presented depicting that the cited violations still exist that proper notice has been given I find in favor of the city and adjudication and set a compliance date of 30 days uh March 14th in the event of non-compliance there shall be a daily fine of $350 until the violation is evaded thank you sir director last did you want to say something no no I was just okay no I thought because you unmuted yourself okay never mind all right we're going to move on to item number seven through item number 10 this is for Isidor Corb item number seven is Isidor Corb case number mhv IO 2023 011 144 item number eight is Isidor Corp case number mhv IO 2023 0148 item number nine Isidor Corp case number mhv IO 2023 01149 item number 10 is theor Corp mhv iio 2023 01151 the officer on this case is Brentley Daniel uh officer uh we're going to deal with all of them yes because BAS basically all the cases that I've reviewed they all show the same thing basically a uh a fence uh some some metal fence that that really needs uh repairs and paint and tell tell me what uh what you found when you went to the site yes your honor good morning inspector Daniel with the city of North Miami when I conducted the annual housing inspe back on July 23rd 2023 um the pictures that you're seeing here there was a pool that was there but the pool is no longer there but the railings that surround the pool you can see that the paint is chipping or fading and um I issued a violation posted the property mailed uh the violation to the property as well to the registered agent and as of my most recent reinspection no compliance was met okay you took some pictures of the stairways anything wrong with the steps well at that initial time there were no Treads or risers on the steps but they have since complied with that you spoke to the owner um I did well not necessar the property owner there was someone who was managing the property for the owner him and I um had a conversation we spoke at length but this was a while back and he made subtle repairs to the property it's just these outstanding violations there have not been any compliance is this a uh it looks like a rental property they're like 10 units there yes sir correct okay I see 10 uh Post Office boxes here yes okay uh so the first one uh which deals with the railings I find that uh based on the testimony uh of the officer and the photographs and evidence presented uh the cited violations still exist proper notice has been given I find in favor of the city enter an adjudication and set a compliance date of 30 days March 14 in the event of non-compliance there shall be a daily fine of $350 until the violation is evaded as I said before I encourage all Property Owners to appear whether they're guilty not guilty or in between it doesn't do you any good to just ignore these cases and think that you're going to turn out well you would do much better if you came um and presented at least some evidence of Goodwill okay so on the next one which is uh BTR uh tell me whether they have obtained a BTR or not no your honor as recent as my most reinspection when I checked they have not even um submitted an application okay So based on your testimony Mr code officer um and the evidence that you presented uh depicting that the cited violation still exists proper notice has been given I find in favor of the city enter and adjudication and set a compliance date of 30 days through uh March 14th in the event of non-compliance there shall be a daily fine of $350 until the violation is Abad the next one is uh certificate of use do they have certificate of use no sir no your honor okay based on the unrebutted testimony of the C of the city's code compliance officer and the evidence presented depicting that the violations still exist proper notice has been given I find in favor of the city enter an adjudication and set a compliance date of 30 days um March 14th in the event of non- compliance there shall be a daily fine of $350 until the violation is evaded right and the last one number 10 is it did you put did you post something uh on the screen that taking up my whole screen let me see if I can get rid can you can you uh I'll stop sharing let me stop yeah can you stop yeah that way I can see everybody okay all right so uh we are now in number 10 uh an extermination report I assume that during the course of conducting an annual housing inspection you you you determined that they had not submitted a uh an extermination report which is a violation of section 5-28 parenthesis 2 do they have they presented you with a uh recent extermination report no your honor okay still waiting uh based on the unrebutted testimony of the city's code compliance officer uh and the evidence presented depicting that the cited violations still exists proper notice has been given I find in favor of the city enter an adjudication and set a compliance date of 30 days through uh March 14 2025 uh in the event of non-compliance there shall be a daily fine of $350 until the violation is evaded and finally uh 11 was postponed oh that's right um yeah uh that was postponed uh we'll bring that back at the next meeting and so what is the next item item number 12 Joan J Parker trust case number is C EB p2023 0087 the officer on this case is Jamie magistrate I have to put up the photo so it block your view of everyone again okay I I um let me see if I have the photos yes I have the photos but that's okay you can show them if you want Jamie George you're the officer good morning um inspector Jamie for the city of North Miami uh this particular case I inherited from a previous officer th those pictures of with the construction debris inside that uh apartment the officer took a picture I have spoken with the property manager once before and uh he mentioned that they have never started any work I have't been able to get any access onto into that particular unit um from what he told me is that he he owns he also owns a property across the street from that from that uh property and that they're doing work on that property and he plans on starting work on this particular one but he hasn't pulled any permits or anything like that according to him they have a starter notwork they just have uh that debris in there but but I haven't been able to get access to actually take pictures of what it looks like currently right now well it it looks like a holy mess uh at the very minimum it's it it it looks like a like a A rad infested nuisance uh it's it looks terrible and he should have been here he or she should have been here to tell us uh what their position is but uh B based on what I'm looking at and based on your uh analysis there is work going on there uh what type of work I don't know but uh that that condition is really horrible so um on that matter and you cited him uh for after the fact uh you you asked asked him to obtain an after Thea permit is there a permit for any work ever currently no not at all there's no permit on file okay so so the violation is there's no permit for whatever they're doing and it's under Section 532 of the code So based on the unrebutted testimony of the city's code compliance officer the photographs and the evidence presented depicting that the cited violation still exists proper notice has been given I find in favor of the City and an adjudication and set a compliance date of uh March uh 14 30 days in the event of non-compliance there shall be a daily fine of $350 until the violation is evaded the very minimum they have to clean up the site and show that uh you know if if if if they come in uh and show me that no work was done uh that's another story but uh to me it looks like there's work going on in there okay next case all right next case is item number 13 dequin Fernandez case number CER CV 2023 00357 this case was previously found guilty by magistrate Kazo with a abatement date of January 17 of 2025 the fine was set at $200 plus $300 cost assessment all right Officer go right ahead uh good morning your honor um my name is inspector the sanges I header this case from a former officer by the name of Tamar petite on 20 um 2023 February 24th uh petite posted this property and it was for a violation of having a RV without a permit on um October 31st 2024 rein I re inspected a property and saw that the RV was still there with no permit obtained I proceeded to post a property with with the violation and a notice to appear for court in compliance on November 20th 2024 I did my final reinspection and uh and compliance was still not met on January 16 2025 I did another uh reinspection and the compliance was still not met and the RV was still on property I guess they don't get it do they I spoke to the guy one time when I was posting it and I told him that uh all he had to do is just go get a variance permit for the RV and he would be fine um or or remove it or remove it yes and you would be fine he said he was going to do it he said he was gonna uh he was looking for the information to get it done but you know he never reached out to me hello thought he would uh he would have reached out to me and I think I saw him here this morning but I don't know if he's still here hello he somebody's asking hello yes my name is hen Fernandez I am the owner of the RV and the property well I'm glad you showed up because I was about to to H I have yes sir thank you good morning I please hold a second yes ma'am please hold um can we enable the video out there please me where's Mr walkney are you here in the lobby no I was in the lobby I had to drive to work I'm at work now okay we see your face hold on hold on hi there we go hello can you please raise your right hand for me yes ma'am do you solemnly 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 yes ma'am I do sir I I I don't know whether you had an opportunity to uh hear what the officer testified to uh you've already been cited and found guilty by magistrate Kazo and uh there was an abatement date meaning that you had to comply by January 17th uh that was uh a couple of weeks ago and a fine set at $200 per day for non-compliance I got pictures here dated January 10th of 25 that was taken by the officer showing a uh recreational vehicle on the property in fact uh I think they there's an allegation there may have been two on the property and and Zoning doesn't allow that uh the code doesn't allow that so uh you need to tell me why I should not ratify the order that was entered by uh magistrate Kazo back in um I guess last year uh yes sir um I was at where is this there we go I was at um the building and zoning office back when the previous um officer had the case and she told me she'd call me back and she never did then I met gentleman um Mr desange and he that's when he showed me the new um violation C uh uh whatever he was putting on my mailbox I went to the building and zoning office they asked me for uh a survey and I said okay I'm going to get it and I'll go and fill out the variants and complete everything I was hospitalized after that when I finished the hospitalization during the hospitalization I didn't know I received a second notice saying that I had to appear oh the first notice where I had to appear they told me at the front desk that I had that there was no magistrate not to worry about it who's thing uh some lady named Margie or Marcy at the front window told you that you did not have to appear that there was nobody his case was postponed the very first time his case was postponed and then the second time I was hospitalized um during the notification that I had to appear and during the the the actual hearing um so I missed that one with magistrate Kazo um and I got this the notification by mail to come see you recently and that's that's why I'm here I have not been able to get the survey um I'm trying my best but I I haven't been able I work at the VA here in the ER and I've been working like crazy um I don't know how to get a survey um I'm um I've been Googling it trying to find out but that's where I'm at well I I I sympathize for you um and the issue is not just getting a survey no I have to apply for the variant yes sir you you have to get a survey and you got to get other paperwork you you need to my suggestion is you know you get somebody that does zoning and planning and knows the process on on how to get a variance I don't know how difficult or how easy it is to get a variance uh on on this particular matter uh depending upon where you are in the city uh Madame City attorney uh what's the process that he needs to go through in order to get a variance for a variance for recreational vehicles it's an administrative process meaning that it's um quite a bit of an easier process than a normal variance and normal variance would require a hearing before the board of adjustment um but for recreational vehicles it is an administrative process um where where they look at the criteria within the code if the the condition of the vehicles and and the way that it is staged meets that criteria then administratively approval will be obtained which is why the survey is important um staff needs to see a survey of the property to make sure that it is parked within the appropriate set back set forth in the code okay uh Mr uh is it um Fernand I'm looking at okay I'm looking at somebody else's name on your on your screen there okay um I'm sympathetic with the situation that you're in is there any other way of uh you know removing that recreational vehicle and putting it in another place that might qualify and you know where you might be able to store it until this process is finished um I I can there's a a storage place over on sth Avenue I could try taking it there that's not a problem yeah this is not the your your regular uh vehicle that you use to move around and go to go to the VA or whatever else you need to do right no sir no it's it's an it's a it's an RV it's a toy hauler okay uh you you might you might consider uh in the meantime if it's for a couple of weeks parking it somewhere else because if I was your neighbor I'd be upset and it it's not you know it's not a uh a nice scene uh to to see I know that uh in some areas they they actually have larger ones sometimes they put boats uh and and it's not not a uh not a nice thing to to look at so I'm going to give you what I'm going to do is uh based on your testimony that you were in the hospital and you're trying your best to get this resolved uh as far as a survey is concerned there are a million surveyors in South Florida it's you know it's very easy to find a surveyor okay uh just just Google you know real estate surveyors in Miami and uh or or you know ask a friend or anybody anybody can help you find a surveyor do a survey do a site plan do whatever the administration wants you to do show them how this uh RV is going to be placed in in a manner that maybe it's a obscured from the sidewalk may maybe you know you park it a different way put something you know some nice trees around it uh you know do do whatever the the administration is asking you to do and um I'll I'll put off this case and see how how much progress you make I'll put it off for 30 days and see what happens so uh let's table let's table uh you know I I I don't I don't want to bring the hammer down on you if you're working in good faith to try to get it resolved but you need you need a survey you need to come to City Hall where at City Hall uh should he go with a survey does anybody know development services department okay all right so that's where you go bring whatever they want you to whatever they need do it within the next 30 days and uh I'll I'll hear it again at the next magistrate hearing so this this case is is uh continued until um that my next year um Director Ramon you raised your hand uh yes and and for the record uh uh magistrate Smith and also for Mr Fernandez as well uh make sure and it's just this is just an informal tip that I give anybody that's putting RVs and stuff like that you're not allowed to have anyone living in it and staying overnight as well you know it's just you and everybody else because we've gotten a lot of these over the years and it kind of impacts the community so it might not be you I mean the things look amazing out there but like the magistrate said it is a blight issue so just uh I'm more than happy to to work with you on any of those as well yeah it's a big problem in uh in hi Alia and other places uh people are renting these RVs and and and and and they're living there uh they they they're even connecting electrical and plumbing uh to the RVs and uh you know if if if not whereever happen um I I I would really feel very upset about that and impose heavy fines but but uh do it in a manner that is uh pleasing and that you know your neighbors will not be uh upset by having to look at a at a at an RV um out there you know when they look out the window you know it is a quality of life issue not a safety issue but but it's a zoning problem that you need to address so if you're if you if you want to avoid fines you need to go and and you know apply for an administrative variant and and get it done right all right having said that let's move on to the next case thank you sir thank you everyone no problem inspector Dan sanes you have your hand raised yeah I was we're done with the it doesn't matter no all all right the next case we're going to call is the item number 14 and 15 for the same person Nancy Bastian case number cfob b222 00415 415 this case was previously found guilty by magistrate Kazo with an abatement date of May 22nd of 2024 the fine is set at $250 with $100 cost assessment item number 15 ncy bastan case number CCU 2022 0733 previously found guilty by magistrate Kazo with an abatement date of May 22nd of 2024 F set at $250 plus 00 cost assessment all right Officer um which which officer is gonna inspector cson okay all right inspector Coulson e e e e e e e e e property manager I want to say about two weeks ago and he stated that he was going to join um this hearing and I'm surprised that he didn't but um he told me that it's due to to the financial reasons why they're unable to paint they wanted to replace the windows first um and then paint the property but again um the violation Still Remains well you know the windows can wait what what cannot wait is the pressure cleaning and the painting as necessary because I looking at the pictures right now and uh and and and I agree with you it it it does need some work uh this is a rental uh residential correct correct it's a an apartment rental okay it it looks it looks like both the registered agent and the owner are Alexander Tober and uh is that who you spoke with I believe so Alex uh yes I I believe that's the individual that I spoke to okay uh his financial problems are going to get worse if he doesn't remedy the uh the violation and so I would definitely uh advise him and and hopefully when he gets my order he will at the very minimum pressure clean and wash and paint the uh the areas that that you found to to be in violation So based on the unrebutted testimony of the city's scat and by the way he he could have have come to this meeting and I probably would have been a little bit more understanding and give and given him more flexibility if he had an issue but since he's not here I'm going to assume that he deliberately avoided coming here because he's probably too embarrassed to face us so I'm going to uh a fine in favor of the city based on the evidence presented depicting that the violations still exist proper notice has been given I find in favor of the city enter an adjudication and set a compliance date of 30 days March 14 uh and in the event of non-compliance there shall be a daily fine of $350 until the violation is Abad yes sir magistrate we appreciate you that is the end of the agenda okay folks uh have a wonderful week thank you for participating thank you director Ron uh I I like uh short agendas uh but uh I had a I had a great time reviewing everything so I everybody uh thank you for the fine work that you do for the city Madame City attorney uh good job say hello to your boss thank you we'll do okay all right bye thank you City attorney bye e e for