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Video-1: youtube.com/watch?v=k5DmiuipT3w

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Okay. Good morning everybody. We would like to call the code compliance hearing for the city of North Miami for August 5th, 2026 into order. Good morning.

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As stated, this is a code compliance hearing for the city of North Miami. Today's date is August 5th. I am Rafael Suarez Rivas, special magistrate for the city of North Miami. The purpose of this hearing is to determine if a code violation exists at

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your property as observed and cited by code compliance officer. If the city is not able to prove the case, then I will dismiss the case and you may leave. The proceedings are being recorded. Thus, all persons who are speaking aloud should do so one at a

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time, please, and ensure all testimony is clearly audible on [snorts] the recording device. If English is not your primary language, please inform us when I call your case. We have a translator who will assist you during the proceeding.

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When your case is called, the property owner, agent for the property owner, and any witness that you may have should come forward to the podium on the left side of the room. When asked, please speak directly into the microphone, say aloud your name, your business or mailing address, and

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your relationship to the property. If you are not the property owner or an attorney representing the property owner, then you must present a notarized power of attorney affidavit in order for your testimony to be taken on behalf of the property owner.

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The power of attorney has to be reviewed by the city's attorney and and others to determine that it's okay. For new cases, you will be asked for the record if you are aware of and understand the violation that is being heard today. and do you understand what is required

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to resolve the violation? Please answer accordingly. The city will present its case first, then the property owner violator will be given an opportunity to testify on their own behalf, to bring forward any witnesses to testify, present any evidence and photographs, and cross-examine city witnesses.

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Following the case presentation, I will issue a findings of fact on the case. If I find that a violation of the city code exists or existed on your property, then depending on the case type, I will set an abatement date for the violation to be resolved. Or for repeat violations, I

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will impose a daily fine amount. For new non-repeat cases, my order will include an abatement date by which you must resolve the situation, and a daily fine amount that I may impose at a future hearing date should the violation not be resolved by the abatement date.

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For appeals of civil citations, I will enter a ruling either affirming or reversing the citation. >> [snorts] >> If the citation is affirmed, I will enter an order assessing a civil penalty, costs, and a compliance date. If the violator does not comply by the

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compliance date, continuing fines and penalties will be assessed. If [snorts] I find sufficient cause to postpone enforcement action at this time, I will table the case, proceeding to another hearing date in the future. If you don't agree with my finding or my ruling, then the property owner may

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appeal this administrative order on the case to the circuit court. The appeal must be filed within 30 days of the date of execution of the order to be appealed. In accordance with Florida statutes, if a person decides to appeal any decision

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made by a magistrate with respect to any matter considered at these proceedings, then the person will need a record of the proceeding, a verbatim record. This record includes the testimony and evidence upon which the appeal is to be based. The cost of obtaining the The record shall be the responsibility of

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the appellant that the the violator who's appealing and it is recommended that persons who plan to appeal their case should provide their own court reporter at this proceeding. Um pursuant to city code in North Miami prevails in prosecuting the case, the city's entitled to recover all costs

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incurred in prosecuting the case. The current cost assessment is $100 per case. Once the city records an order that imposes a fine and authorizes a lien against the property, the city will charge additional administrative fees to record and release the lien.

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Now, if you are giving testimony under oath, uh please rise and give your right hand um as the officer administers the oath. Um the code compliance clerk will announce any additions, corrections, deletions from the hearing agenda

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and then uh the code compliance clerk will call out the first case. So, um first we will be sworn in, please. >> Good morning, everyone. Please raise your right hand as I issue the oath. Do you swear or affirm that

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the testimony you're about to give in these proceedings will be the truth, the whole truth, and nothing but the truth? If so, say out loud, I do. >> I do. >> Thank you. Please be seated. >> I'm 20 uh a lady just walked in now. If that

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lady's going to testify, let's just She's a trans- Yeah, she's a translator. >> Okay. >> Okay, please uh let's go through any changes to the agenda now. >> Okay. We have item number one, two, and three. These following items has been continued

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to the September 2nd hearing. And we also have item number seven, item number 19, number 24 and nine. Those following cases has been complied. >> So, to reiterate cases 1, 2, 3 are continued

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to September 2nd. >> Correct. >> At 9:30 a.m. cases 7, 9, 19 and 24 have complied and are being removed from the docket. Correct. Okay. >> Okay. The interpreters has to be sworn they

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have to be sworn sworn in. >> Pardon me? >> The interpreter, the translator. >> Right. >> She just walked in so she has to be sworn in. >> Well, I I asked her to be sworn in she said, "Well, I'm the interpreter." So, I I to me if you're going to be testi- if you're going to be saying

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anything you should be sworn in but I you know. So, again please swear her in. All right, just just just get sworn in ma'am, please. >> Do you solemnly swear or affirm that the translations which you are about to give in these proceedings will be accurate

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and correct to the best of your knowledge, skill and ability? Thank you. >> All right. >> All right. Good morning everyone. >> Pledge of allegiance, we have to do that now. Would everybody please stand, uh

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put their hand over their chest and say uh the pledge of allegiance facing the flag. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible with

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liberty and justice for all. >> Good morning everyone. Thank you for participating in today's special magistrate hearing. I will [snorts] review the process by which today's hearing will be conducted. Make sure all devices are muted unless you're giving testimony on the case. If you would like to speak on behalf of

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a case, once the case is called, you should step up to the podium. >> [snorts] >> Before giving testimony on your case, please state your name, the property address, and your relationship to the property in question. If you wish to have an interpreter assist you during the proceeding, please

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indicate this when the case is called. Your Magistrate, that concludes the instructions. >> Okay, let's start with the first case that is scheduled. >> Okay, we're going to start with item number 15. That's bouncing head subhead parcel one

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LLC, case number C E F O B 202500159. This case was previously found guilty by Magistrate Suarez with an abate the date of May 18, 2026. And Your Honor, they have they do have their power of attorney. It is Andrea Norman

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and the the attorney on file is Rafael Del Gaudio. There is a Thank you. >> Okay. Uh >> Shana Sanders, code compliance officer for the city of North Miami. For this case,

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I'm going to ask that we table the case. I had a conversation with the attorney before the hearing. I also spoke to the licensing coordinator. They are diligently working on obtaining their certificate of use.

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They are caught up in the middle of Durham and things of that nature. So, we've had a conversation before the magistrate hearing and we're going to ask that we table this case for 60 days. >> Okay. I understand. Uh Um

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a DERM permit is involved because it's a food truck and so forth. Okay, at the request of the city and hearing no objection uh case number 15 on today's docket is hereby continued for a period of 60 days till

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uh on or about October 15th or whatever hearing is scheduled around that time presuming it is not resolved by then. >> All right, Magistrate. We also have the same property address for number 16, as well. Fountain Subhead Parcel Number One LLC

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CEZCU 2025-00151. And this case was also previously found guilty by Magistrate Suarez with an abatement date of May 18th, 2026. Fines were set at $250 per day plus $100 cost assessment. >> Shana Sanders, City of North Miami code

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compliance officer. I would request the same that these cases be heard and both tabled if not granted an extension for those 60 days, as well. >> Okay, so because cases 15 and 16 are connected

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um same respondent same property uh case number 16 on today's agenda uh is also hereby continued for 60 days uh till on or about October 15th or

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whatever a hearing date falls close to that. And um they will be called up again at at that time. All right, and no no further action today. >> Thank you, Your Honor. >> All right, thanks. >> [snorts] >> All right, Magistrate. The next item

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we'll be calling is item number 17, Francis LLC, case number CESUH 2026-00004. And the person representing the property is Frank Rolustay and they they do have their power of

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attorney. And their attorney's name is Jason Ross. >> Okay, that's fine. We'll we'll hear from them. Uh first we need to hear from the building department. Um and uh testimony from the building

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department about uh what this violation is, the nature of the violation, the status of the violation, and all evidence they want to put into the records, and any determination that has been made by the building department. All that has to be heard first. Thanks. >> Good morning. Um Shawnee Pressy from the

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building department, building officer. Um this case is for 595 North Northeast 129 Street. This is um come before us because of the property owner have not um comply with it um completing the

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building permit um the renovations to the work. The permit has expired and right now the building is not completely boarded up. It have other issues within the building itself. Um So, right now we asking for them into

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either comply >> [snorts] >> with either completing the renovations or demolish. Um we have the notice to appear. >> I don't see anything on the screen. >> You can't see it? Oh. >> Okay, we're going to go through the exhibits.

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>> Okay, so we have the first thing is the notice of violation. The notice to appear. The affidavit of posting. Um, property appraiser that shows that that's the property owner. Pictures throughout. Um.

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>> And those pictures uh show us the um the work for which the permit has expired or the permit has not been closed out or is that is that is that what we're viewing? >> well, yeah, that's what they started at. >> [cough] >> So [clears throat] they um basically

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start doing the um the they demoed the inside, but they haven't either um you know, start doing the renovation. Some of the um windows is not boarded up, so people can actually go inside the property. Um

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So, right now we listed it unsafe. That's when I posted it um the property with the notice. >> And the the notice that you posted says that the >> Hold on. >> the building is What does the notice that you posted say?

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>> Um the notice to appear and then it is unsafe. That's the um notice that it was um >> That the notice says that >> notice of violation. >> Okay, go ahead. >> Mhm. So, my You got it. >> Is this property currently occupied or used?

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>> No, and just this is a certified and I certified the mail. No, it's not um currently occupied. >> Or used? >> No. >> And um >> Yes, sir. >> Are there any other exhibits? >> No. >> Okay, so uh unless there's an objection,

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which I'll rule on immediately, uh all exhibits will go into the record and are made part of the record and part of the official transcript of these proceedings as presented. Thank you. What else does do you want to say? >> Um I wasn't um I believe they're in the

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process of trying to sell the property. I wasn't in um contact um yesterday and the day before with Mr. Ross. Um I guess they're going to his clients going to be purchasing the property, but like I stated that they have to speak with the town attorneys to move forward, but I have to move forward with the case

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until they try to make an any agreement with the city. >> Yes, I I understand. Thank you. Does anybody else from building have anything else they want to say? If so, now is the time. >> Yes, your honor. Uh I went by this time >> I'm I'm sorry. Please please give your >> Charles Evers. I'm the building

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inspector for the city of North Miami. >> Okay. >> I went by the site today. The site is wide open. There's no construction fence. The the the property is wide open. The windows are not covered. There's back

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stairs that are are a hazard. The whole side at this time is a hazard to the community for an abandonment of non uh the permit and minimally the side needs

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to be secured for anyone can walk on the side, walk up the these stairs and uh and go into the building. It's uh very unsafe. We're in the middle of hurricane season. And uh this is a hazard to the

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community. >> So, is it your testimony um and and opinion that uh at minimum um the site needs to be boarded up and fenced? >> Yes, sir. As soon as possible. >> And um

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>> [snorts] >> more or less how long has it been in in this uh situation, more or less? >> Um years. I believe this property has run into fines over the years. Um Like It's >> So, for several years?

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>> Several years. >> I believe the citation we're here on today special magistrate is a new violation issued in 2026. The other issues with the building are not before uh this hearing today.

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>> Okay, the violation that was issued in 2026, that's what you were testifying to, right, ma'am? Okay. Um so, okay, then let's hear your your name, your address, relationship to the property, and then uh from anyone uh tell us what you want to say. >> So, my name is Jason Ross. I'm here on I

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was given a power of attorney by the property owners, Francis LLC. They are the current property owner. Um as Ms. Presley informed the panel, um I represent the own or the buyers of this property who are under contract to go ahead and

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acquire this property. Over the last several days, I've been in contact with Ms. Presley, her I guess would it be her superior, Ms. Ishmael. Ms. Ishmael, as well as Ms. Funster at the uh City of North Miami Lane Department. Um I've already been in process with her. We're basically

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working with her and then she's going to present it to her superiors and the city attorney to come to a composite agreement to go ahead and simultaneous with the sale to enter into a mitigation agreement to go ahead and pay the city a fine, as and come to an agreement to bring all

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the non-compliances, including the one before the panel today, and all of those not before the panel today, to bring the property back into full compliance. That would be going ahead not only fencing it off and securing it during the process of renovating it, but making sure all the necessary

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proper building permits are acquired, the property is fully brought up to code, and that everything is done above board with the city. So that by the end of it, we will have a fully renovated new building for the city of North Miami.

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>> Is there anything else you want to say? Um at this time >> As far as the current condition of the property regarding the boarding up and the fencing of the property, I really can't attest to that. >> Do you guys >> Yeah. >> say anything about that? >> Well, we're going to handle that. >> Okay, name, uh address, relationship to the property and then

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>> is Frank Balesty. Address is 595 Northeast 129 Street. I'm the owner. Uh I will be boarding up the place and putting a fence around it as soon as we leave here. I'll be making some calls. >> And again, uh special magistrate,

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we are working diligently with the city of North Miami to come to an agreement and a course of action to address not only this issue, but every issue regarding this property so that we don't have to come before the panel again and that we can go ahead and have this property fully renovated and

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you know, not as a blight to the community. >> Um Your Honor, Jennifer Warren, Deputy City Attorney on behalf of um Code Compliance staff. Um so far the violator's testimony is in regards to the previous violations that

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were issued in the running fines. These are all um it's nice that they're coming into a financial arrangement to to to recover the debt that's owed to the city, but as far as today's case that's on today's agenda, um the

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testimony of the code officers as well as the photographic evidence that's been presented support a a a a finding by this magistrate that the current condition of the property is

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in violation of section 5-31 of the city code um stating that it is currently unfit for human habitation. And so the city at this time would ask for the the magistrate to enter an order

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finding the violation as well as giving the property owner whatever time that they need to secure the property. Obviously, we would ask for a short abatement date due to the current condition of the property, um but that that's what the city's asking for at this time.

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>> So, the recommendations from the city as to that. I understand everything. So, let me say that I you know, uh travel within uh you know, my jurisdiction or my bailiwick if you will, which is the the cases on the agenda today and to

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determine if there's a violation or not of this charge uh and to enter any order that um might be applicable um if the violators and the city enter into a a global settlement or mitigation or

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whatever that that is you know all commendable and laudable but it's it's not um on the table right at this moment nor is it the subject of today's hearing if if that happens I'm sure it will could impact other things but that's uh

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that's not before me today and it's it's said that would be a separate a separate matter altogether. So what would be the city's recommendation as to an abatement date based on the testimony uh that uh has been

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made for um the property to to be secured and uh boarded up and fenced and so forth and um >> So the city would give them 30 days for an abatement date but we'd encourage

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them to at least secure the property um as quickly as possible because in in looking at the photographic evidence you can see what the inside of the structure looks like and the windows are currently open um and it's accessible by any person you

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know on the outside that can get in there and get injured. >> So the um the 30 days is clear to me as an abatement for um fencing and securing and so forth. What about for the underlying violation of

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the open or expired building permit? >> I'll I'll defer to the building department as to whether they'll be bringing a separate case for the open permits or if you want to request an additional relief as far as an order

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>> [clears throat] >> declaring the place unsafe. >> Yeah. >> So >> Uh my name is again is Charles Evers and the building inspector >> Yes. >> and building official has has asked that the that has has stated this permit has

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expired. A new permit or whoever needs to renew the permit and at this or demolish the building. As but in the interim

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it has this building is is on Northeast 6th Avenue. That is one of our leading uh streets which we are building large construction sites on that street, down the street, and anyone

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can walk into that building from the street. A child is we're starting school and this is a hazard to the community and it is a very unsafe condition.

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>> Uh so what what abatement date to um >> So >> We've given them 30 days abatement abatement date. They need to apply for to re- either new renew the permit or they have to I'm sorry. They need to apply for a new permit.

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And they also have to apply for a construction fence. >> [snorts] >> And the construction fence need to be applied within five business days. >> And the boarding of the >> And the boarding of the building. >> Within five business days. >> Mhm. >> Is the building official here?

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>> I My name again is Charles Evers. I am here representing representing the building official. >> Mr. Harris Schmel. >> Obviously you've been authorized to give this >> Yes, sir. >> uh information by the building Okay. Anything else that that you want to

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>> Yes, sir. This is Frank Balesty again. I'm I'm going to go over to the building department and fill out the application for the fence and to actually renew the permit that we have the expired permit or like you said a new permit that we have to get. Uh do we have to submit uh drawings again or do the drawings

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that you have on site will still suffice? >> You have to start from the beginning. Well, everything else is expired or abandoned, so >> Okay, so we'll just bring the new drawing set signed and sealed and then go from there. Okay, thank you. >> If I I I would ask for a 60-day abatement if possible for their

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reapplication for the building permits because as we've expressed to the panel today, we're going to be consummating a settle sale of this building to my client who's going to be purchasing it and he will be applying for his own own building permit with his own contractor

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in turn. So, to kind of not go ahead and you know, go through the unnecessary legwork of applying for multiple permits here. If we can have a 60-day abatement, we should be closing by then and the new property owner at that time can go ahead and apply for the necessary permit to bring this back into compliance.

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>> Unfortunately, we cannot have the buildings they'll remain open like that for 60 days. So, >> he's going to go ahead and >> Yeah, what what I'm saying is that he will have to apply for the fence permit and board it up. After that, he have 30 days. Hopefully, you're closing within

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30 days. We can't move forward within 30 days. If the judge allow it, I don't know you can speak to the town attorneys and see if they but 30 days is um >> How how long have violations on this property been pending? Um >> For this violation?

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>> Uh this vio- or similar violations of the property being >> Over seven years. >> uh open several years. That more than one year. >> Yes. >> Regarding it being unfenced, I that's the current That's this year. That's not several years.

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There are other issues, admittedly, with the property. >> Is that Is that true? >> No, this This property has not been fenced in. If you look over the years, it's haven't been fenced. I've been here for 4 years and >> violation, I think it's >> No. >> Right. No, no, no, no. I'm asking because I can consider all the circumstances about the property, at

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least in so far as the same violation in taking into account your request. So, >> the same violation that I'm referring um referring to, it's a current violation that I'm issuing this year. I just issued it last month, I think, 2 months ago. Um >> But, my question was

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>> Right. Being like that, it's been several years. And I've been here for four. >> And you know that for a fact? >> Yes, sir. >> Okay. Um So, um the order is is going to uh

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I'm sorry. What do you have something else you want to say? >> Yes, sir. >> Uh what what was the violation? >> Uh so, I'm going to apply under my name for the actual fence permit, right? And then I'm going to get someone to board up the building correctly. Uh that fence permit, could that be transferred to the

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new owner after? >> As long as the fence permit you get an inspection for, the fence permit will remain on there. Construction fence will can remain on there. During the period >> the duration of there >> Yes, but you have to remember you have 30 days. I don't know how long your close is

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going to be, and that's what I'm trying to send. Depending on what it is, we giving you 30 days to come in to renew that building permit. This is under my violation that's currently now. >> Let me ask you a question. If we go in to renew the permit and it takes a while for each discipline to review and it

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takes more than 30 days, how do we do that? >> Okay, so, currently, I can speak with you after that and then tell you the process and how you would transfer it over. That's a a uh issue within itself, but I need them within 30 business days for a building permit to apply for. >> Okay.

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What? Yeah, yes. Go, go, go ahead. Yes. That property needs a complete surrounding construction fence. Not any other of using the other adjacent properties.

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That's completely around the your property. >> Understood. >> And it needs to be the footing needs to be inspected and the fence needs [snorts] to be inspected to try to abate any other issues. And

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the And it needs to be boarded up within five working days. Is that Are we clear? >> Yeah, we're clear. >> So, as soon as you come in with the permit application, you and everything is in order, you'll be able to get a permit

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uh this week. >> Well, I'm going to apply for the permit now. >> That would be advisable. >> Yeah. And is that the time period for the fence also, the five days? >> Um the fence um the fence permit is also within five business days, but I need to

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do it right away. But, we give them five business days. >> but I'm talking about what the order provides. Okay. >> [snorts] >> Uh thank you, everybody. Uh based upon uh the testimony uh that I have heard, the evidence before me, and the record, uh I'm going to enter an

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order finding that there is a violation uh of section 531 of the city code uh and other applicable related um regulations that uh the property uh is vacant and abandoned.

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Uh the property is uh unsafe to the community uh and is a violation of public health, safety, and welfare and that it's entirely open >> [snorts] >> and um any person uh can go in

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uh and um there are uh the distinct possibility of of unsafe uh materials and uh structural elements uh within uh there. So,

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uh the order having made that finding um the property must be boarded up uh in accordance with uh code uh at once, but certainly within 5 business days. Furthermore, the

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property has to be fenced uh immediately, but certainly within 5 business days as required by code. Um the building um permit has to be

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renewed uh or initiated uh within uh 30 days or uh the order uh can be a basis of the record for the property to be deemed unsafe to be considered by um

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uh the unsafe structures board uh if that is not done. Um what would be the recommended uh fine under the code for uh these violations if they're not timely complied with as to the violations of today's hearing, of

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course? From anybody? Does anybody have one? >> I I don't think there's a going rate. It It all depends on the severity and the nature of the violation. I mean, looking at what we're seeing in in the photographic evidence, it would certainly be

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city would ask for the higher end of the fines. >> Okay. Uh if the property >> So, yeah, we would we would be asking for $500 a day. >> right. If the property is not boarded up in in

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light of again the testimony and the evidence and in the history of this property, if the property is not boarded up and or not completely fenced within five business days, there will be a daily fine of $500 assessed after after that

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time, that is starting on the sixth day. Um and if the um building permit is uh not uh cured, corrected, accepted, started uh

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within 30 days, are you making the same recommendation? >> Yes. >> Yes, Your Honor. >> If the if the building permit um is is not um active and in good standing within 30 days, uh there will be an additional fine of $500

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per day until that is done. And um you know, because uh there's there's uh a serious situation there as uh shown by the testimony. So, uh that is that is my ruling. And again, I

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wish you luck with doing this on a timely basis. >> For clarification, the fence and the boarding up permit have to be applied for within five days or it has to be completed within five days? >> Applied and completed within five days. >> Okay.

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>> Uh I think the city clarified that it has to be completed. That's five business days. So, today being in my view, today does not count. So, we're talking about uh you know, Thursday, Friday, >> Monday. >> Monday, Tuesday, Wednesday.

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To be clear, those are right, that's the five business days. >> I I have a question. Uh could we get at least a couple more days on that to get a fence company out there cuz I I could do the permit, I could do the boarding, I could do all that immediately. But, the fence permit uh

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not the permit, the actual getting a fence company out there, I might take me more than 5 days. I don't know. I'm just I'm just trying to make sure I have a buffer. At least I'm not asking for a lot, maybe 5 [snorts] more days just in case. >> Um

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So, I think this is a very hazardous condition. >> I understand that, but if I board it up first and then and I'm working on the on the permit with the fence and I'm getting people. I just want to make sure I have enough time cuz if I don't get it within the 5 days and they come on the 6th day to

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install, I'm paying $500. >> So, I'm going to give you five business days. If you run into an issue, you can reach out to me. >> I appreciate >> But, like I [snorts] said, it should not take a long time for a fence company to come out there to put the put that fence up. >> We're just trying to get it We'll get it

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done with We're going to try to get it done but I think I think yeah, I think >> As soon as you could get it boarded up, that would show good faith. >> Yeah, yeah, for sure. I think yeah, respectfully, again, this this is a not a recent situation and I think we've we've come to uh

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the day of reckoning here today for lack of a better word. So, I mean, you have the five business days, it's not five regular days, it's five business days, but that is the time period you have and unless the officials want to grant you more time, that's what's going to be in the order. So, it is so ordered and thank you so much. >> Thank you.

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>> [clears throat] [snorts] >> All right, Magistrate, the next item we'll be calling is item number four and item number five. Carlease Apartment LLC, case number CEFOB 2025-00248. And the officer on this case is Officer

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Lemestry. And number five is the same property name, Carlisle Apartment LLC, case number CEZCU2025 00260 and the officer on this case is also officer Lemaitre and the representative

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of this case is David Carlisle. >> Okay. Um unless there's an objection, though there will be separate orders, let's let's hear those two together. >> Good morning everyone. Code Compliance Officer Jonathan Lemaitre and this case is being called for the first time.

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>> Okay. >> On August 27th, 2025 >> number four. >> Correct. This is case number four. On August 27th, 2025, I opened a notice of violation at 12767 Northeast 10th Avenue

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regarding Carlisle Apartment LLC for not having a business tax receipt for the City of North Miami. I posted the notice of violation at the property and I also mailed the notice of violation to the property owner via property appraiser. >> Yeah. Please show us the exhibits as you're testifying. Yeah, go ahead. >> Absolutely.

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Um so, notice of violation was posted, the notice to appear for the today's magistrate hearing, the affidavit of posting, this is the property appraiser page via Miami-Dade County, the SunBiz,

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>> [snorts] >> uh proof that they don't have their license, this is the certified letter to the property owner, this is the posting of the notice to appear, and this is what the apartment complex looks like.

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>> Are those your exhibits? >> Yes, sir. >> Okay. [snorts] Without objection, they'll all be placed into the record and are made part of the record. Uh have you spoken to uh you are and give your name, your address, and uh your title, and then tell us what you want to say. >> Rafael Pedro, I'm business licensing

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manager, City of North Miami. My office approved this this business to proceed with Miami-Dade County's review on October 1st of 2025. To date, we have not received the county approvals necessary for us to continue our certificate of use application

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process. I encourage the property owner to um give some kind of explanation as to where you are with the county process. >> [snorts] >> Um what um Okay. So, for um my

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uh edification, this is an apartment building. And I I understand uh full well the the county approvals for things like uh laundries, uh dry cleaners, um industries, uh what uh

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just to enlighten me, what is what is the county approval involvement for a an apartment building? >> Basically, the county requires review of all businesses before the city approves business licensing. So, it all comes

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down to water consumption. Obviously, in an apartment building, there is going to be water consumption. They have to have a review for salons. Basically, every business we have to send to them. If the county decides, "We're just going to issue an approval," great. They'll bring that approval back to us, and there won't be much of a review, but we need

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something from the county showing that it has been reviewed. >> And this is uh well, that's interesting for me to hear. So, based on the water consumption, basically >> Right. The water is uh >> Right. Okay. And you haven't received that from the county, and that is your practice to

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always receive that from the county. >> From the applicant. The applicant >> From the applicant receives it from the county. >> Correct. And then the applicant brings the approvals back to us so that we can continue our CU application process, inspection, and then eventually BTR process. >> All right, I understand.

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Um Uh Does the city have a recommendation as to the BTR? As to how uh in light of the fact of the date of the violation >> So, I do see on the county's portal that prior to they the applicant did not turn

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in their um they didn't begin the county review process until May 1st. However, before that there was a building plan review that usually is required before the county does the the CU review. So, I I

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asked the applicant um where are you in the county's process at the moment because we approved you in October? >> All right, give your your name, your title, and your business address. You'll be able to speak later, but answer the question that the city you can also ask your questions. >> My [snorts] name is David Carlisle.

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Excuse me. [clears throat] David Carlisle, I'm a partial owner of the LLC that owns the property. Did you want me to address where I am with the process? >> Uh yeah, yes, you can say whatever you want to say later, but answer whatever question he's asking you, answer it.

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>> Question is >> Where where are you with the county's process considering we >> That's with Durham. >> Yeah, with Durham, with WASA considering we approved you to proceed with that process in October. >> Right. It It It's It's a lengthy and cumbersome process, it seems, and I've turned in lots of different documents.

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It There's four different sections of Durham that I needed to apply for uh which required multiple other inspections and approvals of the property which I did submit to them. To my knowledge, everything has been approved with the exception of WASA,

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and we're still waiting for WASA to approve the property because they wanted a document signed by me stating what the square footage of the property is despite the fact that every document that I've already given them has the square footage of the property. So, I wrote on a letterhead, "This is the

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square footage of the property." I submitted it. I waited and waited and then I didn't realize that they wanted that document stating what the square footage is to be notarized by by me, my signature.

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I've already uploaded that and I'm I'm waiting. There's nothing more for me to do to my knowledge to have this thing approved. >> they wanted an affidavit, not a document, it appears. They wanted an >> of what the square footage of the prop >> And you submitted an affidavit property notarized by Florida notary.

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>> Correct. >> And when did you do that? >> Um I believe that was 2 weeks ago. >> Okay. >> I did I previously submitted the document. I just didn't realize that it needed to be notarized. So, I >> All right. Well, yeah, you've got to do

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what, you know, so, um but you've done that now. >> Yeah, everything um that I'm supposed to do has already been completed. >> I do see that the applicant is just pending WASA of the four disciplines or the three disciplines that are involved in the kind of review. All All that's

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pending is WASA's. Um so, I wouldn't be opposed to to granting a little bit more time considering it looks like he's reaching the end. >> What What is What is your recommendation? >> How many days? 36 days.

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I'm willing to grant 30 more days. >> Okay. Um Yeah, this may merit you, if not calling WASA, just going down there to the WASA office on Lejeune and speaking with someone because you have been here before. This has been pending a while

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and um and you know, it's not for me to advise you, but it's certainly may be worth it, minimum a call and if not a visit there too. Conclude this. Um >> [snorts] >> So based on the testimony and the evidence in the

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record I've heard and oh I'm sorry sir, did you Mr. Carlile, did you want to say anything else about any of this? Go ahead, now's your chance. >> No sir. I think this should be wrapped up fairly soon. Again, there's nothing on my part

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with regards to WASA. I've been given multiple phone numbers to contact them and none of them seem to go where they're supposed to go. So I'll take your advice and physically go down there. You may need to physically go there. >> Um What what would be if they sadly don't

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comply within the 30 days, what would be the recommended fine? Do you have one? >> I I don't I don't know what those fines would be. >> Okay. Does the city attorney have a recommended amount or if not I can

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fashion one, but I always ask. >> The the going rate is usually around $100 a day for this type of violation. >> That sounds uh appropriate under the facts and circumstances. So based on all the testimony I've heard, I do find that there is a

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violation as cited for failure to have a uh city business tax receipt BTR. Um one will have to be obtained within 30 days. Which is we're we're counting that

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period as as being September 14th. If one is not obtained in 30 days by September 14th, there will be a um fine of $100 per day and of course as

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it's just the case was announced at the beginning of the hearing. Um, every time uh the city uh prevails on a case, that is, the case is not dismissed, there's a $100 administrative fee assessed as well. Um, as announced uh in the opening

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statement. So, [snorts] um that will be the order on number uh four. So, you have 30 days and if not, the um the fine of $100 per day and the $100 administrative uh fee. Now, let's do

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number five please, which uh also involves this property and it involves a certificate of use, a CU. >> Yes, Mr. Suarez. Um, case number five is the certificate of use, which coincides with the business tax receipt as well. Uh,

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we're we're willing to give them 30 days as well um to obtain um the proper documents to um to get their certificate of use cuz they can't get their business tax receipt without their certificate of use. >> Okay. Is there anything else that and

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you want to add? >> Uh, no, sir. Again, uh they coincide uh with each other, case number four and case number five. >> Do you have any other documents for the record as to this? >> Um, yes, sir. It's the exact same documents as well. Um >> It's the exact same There's There's nothing different?

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>> There's nothing different. The violation was opened on August 27th, the same as case number four. >> Okay. >> Notice of violation was issued uh the same day. Uh, the mailing issued the same day. Affidavit of posting, property appraiser. The sun biz.

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>> Okay. >> The certified letter to the property owner. >> Okay, all those uh records are are placed into evidence and made part of the official record here for case number five as well. And um Mr. Carlyle, do you Now is your Do you have anything you want to say about

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this? >> No. >> Okay. Uh, so uh I do find that there is It's for not having a certificate of use or CU uh the city. The respondent will be given 30 days,

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that is till on or about September 14th to obtain a certificate of use. If they do not do so within that time, there will be a $100 per day fine thereafter. And the administrative fee of $100 is also

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assessed. And um good luck in getting this done on time and thank you all. >> Thank you, sir. All right, Magistrate. The next item we'll be calling is item number 10. Draco Romanique Nunez, case number CEBPR

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2023-00837. This case was previously found guilty by Magistrate Smith with an abatement date of January 6th, 2025. Fines are set at 250 per day plus $100 cost assessment. And [snorts] the officer on this case is Officer Lamastre. >> Did you say abatement [clears throat]

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date January 6th, 2025? >> Correct. >> Last year. >> Correct. >> Okay. Good morning everyone from you, sir. >> Good morning everyone. Code Compliance Officer Jonathan Lamastre. This violation is in regard to

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a building fence a fence that was installed on the property without a permit on file. On April 13th, 2023, a former code officer Genaro Murillo opened a notice of violation against the property at 450 1415 Northeast 140th

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Street. He observed a fence that was installed without a permit on file. Um the case did go before the Magistrate Smith and they were found guilty and they had to abate by January 6th, 2025 2025. Um with the photos

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>> Yeah, put it put all the evidence in the record as usual, please. >> Okay. So, this is the permanent action report, the notice of violation, the notice to appear, the affidavit of posting,

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the property appraiser page. This was the notice to appear for today's magistrate hearing at the property. Um this picture is the fence violation. As you could see, uh it was a fence that was installed on side of the property without a permit on file.

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This is another fence This is the other side of the house with the fence installed. >> That's the same fence on the other side. >> Correct. >> We're talking one fence. >> Yes, it's one fence, correct. >> Okay. >> This is a picture from Google Maps. Uh I believe this is from 2000

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2011, where it shows that there was no fence on the property. >> Yes, at that time, right? >> Yes, of course. Um >> [snorts] >> This is back in November 25th, 2024. Um the code officer at the time, Genaro Murillo, posted that violation.

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Then again, a clear picture of the fence that was installed. It should be noted that on March 7th, 2025, the property owner did apply for a permit. However, they never followed up with that permit, so the permit expired 6 months after.

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So, at this very moment, there is nothing on file for the permit for the fence. >> Anything else at this time? >> No, sir. >> Okay, all the evidence presented is accepted into the record including the order

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of Magistrate Smith which I take administrative notice of and um let's hear from the owner owners that are here a name address and what you want to say please. >> Uh my name is Draco Romanuk Donis and I

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reside in 1415 Northeast 140th Street. I'm the owner. Um we did apply for for the fence for the for the permit. I did not know that I had to follow up on it. I thought everything was like already done and we've paid a lot of money for all

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this to get this resolved because I really want to get it done. >> All right. Well, so you did you did do that but you know is there anybody that can enlighten him because he I want people to understand

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the violations and what they need to do as to apparently per what he's saying once he submitted it he thought that was it. What else does he need to do besides that? >> So again he applied for that for the permit on

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March 7th of 2025. Again applying for permit and issuing the proper documents is a whole separate thing. So yes, you could apply for a permit for a building permit. However, he would have to provide whatever the building whatever the building department needs

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whether it be square footage of the home how big the fence is how small the fence is the width. So he failed to provide documents to the building department and um after 6 months of no activity, the permit does expire.

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Which now means that he has to start all over again. >> Okay. >> [snorts] >> Did anyone Were you ever in touch with the building department? >> So you Please I can >> Okay, no you name, address and and you know then >> his partner for a good morning.

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I make all this stuff. When we moved to this house first time as well as a fence. There were a metal net fence. So the fence was broken and we have replaced it and we asking before and no people have telling us that we need a permit. Then

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we get get a No, three times with a uh patio and with a garden house. What we have doing? We rip it off, we demolish. You have passing I don't know is you Mr. DeAndre Jonathan? You passing by so we have

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doing what we can doing with a fence. I have going to the building department, have apply for a permit. So I hire other office or a construction office. He check the fence, he put the How you say the foundation? From 3 ft of

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6 ft down. All what the permit need to make. So all the papers sent by the city. We never get the answer from the city. All the papers sent by the city and we apply for a permit. So it's not to as you say we have

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nothing doing. So we have doing what we can doing in our sand and we have the patio we have ripping off the Also, I like to resolve it. This not so that I don't want it. Sorry. >> No, I I I understand sir. But again um I have a

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Shani Presley from the building department. Um >> Right, let's hear let's hear from the building department because what's of interest to me I mean I understand the violation but I want to know if anybody communicated to um um uh you know, the owners what needed to

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be done or you know, if if there's any kind of uh >> Okay. >> you know, communications in that regard and what were they? >> Okay. Sure on um the in a system we have as 420 or 2025, it [snorts] was denied and it was

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notified. Um It's just about you guys eating the checking your emails to um see the notification that comes out. I can talk to you more about it about your permit and what you need to do, but it was some corrections that needed to be uh made in order to obtain that

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permit. But we were you was notified on 420 or 25. >> So, the last part I have I going to the building department, I can tell you that I spoke with a big guy and he say, "No, you must go into the other building." I have come over and I try I don't know if you are this the far lady and they say,

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"Okay, I want to speak with this lady." So, you are not in the house. >> Okay. >> "When she is here that I can coming by to speak with her." So, I never get the answer and I never get a email from this but we put all the new from the construction office, all the new papers

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that have cost us over $6,000 or it's not the the point here. All the new papers we put it in in the city of Miami. Where are the papers? What happened? >> Okay. So, so these permits once your permit has not have no activities after 6 months, your permit

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is deemed abandoned. So, it's it's no longer available. But [snorts] what they was trying to explain to you that you comments was in the system and it was from the zoning department. We have two We have different departments that review permit applications. So, it's like a review process. Zoning for

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offense, zoning have to look at it and also building to have to look at it. So, zoning did review your plans, but it was unfortunately it was denied. It should have been addressed back in last year sometime. The time frame for your permit has elapsed, but I can once we finish, I

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can walk you through it and tell you where you need to go at to apply to you need to go back to the building department to reapply for your fence permit. And then keep in contact with us or keep checking your emails. I'm I'm not sure did you

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have a contractor, but after this here we can talk in the back, okay? >> Okay. So, it's something we want. We want to get it resolved, yeah. >> Yeah, no problem. >> What was the um the fine that was imposed by uh oh, 250 per day

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was the fine imposed? >> Correct. >> So, uh what I'm going to do and I'll explain it to you. Uh oh, and the last thing um the you said uh ma'am, I'm sorry. Um you

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I'm sorry. [snorts] I forgot to just to something important I want to know. Um you said that there was a denial of the permit occurred on April 20th, 2025 >> Correct. >> and an email was sent to them uh advising them that the permit had

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been denied. >> Correct. >> And you you have that in you have that and that's what you were >> out for him at the office, but it usually he'll receive something like this. They should have all the comments on it, but it was reviewed by the different um disciplines and it was denied.

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>> And that was emailed to them and to the best of your knowledge it was delivered. >> That they put on the application, the information that was notified on the application, yes. >> Okay. So, um I regret the miscommunications or whatever, but it it does appear that the

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city uh you know, I I think you you're going to need to again, it's not for me to counsel you, but I think you're going to need to sit down with staff and understand exactly what you need to do for the fence permit. It's not rocket science, but uh you know, you you may need some

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measurements and some things and you you need to follow through with that, stay on top of it, and be sure it gets approved. Um I think in light of the testimony and the evidence, and I and I have to take administrative um reliance on Magistrate uh Smith's order,

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um there is a violation in that the fence permit has uh still uh uh not been uh obtained. Uh however, what I'm going to do is um though the abatement date was January 6th of 2025, they did [clears throat] apply.

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They [snorts] were in the process, but uh per the city records, they were denied on April 20th, 2025. So, uh I am going to find that uh again, the violation is confirmed, it was already done by Smith, but the fine of 250 per day per this

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order would not start till after April 20th of 2025, when they were denied, not from the date uh Magistrate Smith gave. Am I clear? From after April 20th of 2025 of 250 per day. Uh my best advice to you is that

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you correct this as soon as possible, get that fence permit, and then later you can uh if you wish, approach the city about a mitigation, about a reduction or something, but um you know, there is a violation. Uh it's 250 per day uh running from after April

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20th, 2025 until there is a correction, and the $100 uh administrative fee. Uh that's the order, and again, uh gentlemen, I encourage you to speak to staff now and uh be sure you understand exactly what you need to do. And thank you. >> Magistrate, just to make it clear, so

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we're ratifying it, but the fines will start after April 20th Okay, got it. >> That is correct. >> Thank you. >> So, I should have asked Yes. Over the zoning department. And probably a follow-up >> All right, Madam Chair, the next item

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we'll be calling is item number six, Cedar Property, case number CDNOV202000139 Group LLC. And the officer on this case is Officer Stevenson Dorval. >> Good morning, Your Honor. Officer Dorval.

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Case number is for Cedar Property. Can you hear me? >> No. >> Can Can you hear me now? >> Yes. I can hear you now. >> All right. Officer Dorval. Case number is for Cedar Property. Case number is STNOV

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202000139 for a Group LLC. Uh this case is a case that I inherited. You should have the permit action report. >> [snorts] >> And notice of violation. >> When was the notice of violation issued?

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>> Uh the notice of violation was issued on 4 1 2020. April April 1st of 2020. >> 2020? >> Yes. It's a case I inherited. >> Okay, go ahead. Uh you have the notice to appear. Sundays.

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Uh here's the actual it's a not having an enclosure for the trash can. For dumpster. This is a picture that I actually took on July the 1st of 2026. You see the dumpster still sitting there without an enclosure. This the picture that was taken back on

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the back on April the 1st of 2020. The dumpster is sitting is the original picture showing that there there was no enclosure. Um I did speak to the property owner last week. And I stated to him I told him this is

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an ongoing case since 2020 and that we're in 2026. He stated that he's an entertainer that works on the cruise ship. He won't be able to come to magistrate today. And I told him that we will have to proceed because we need the enclosure done. He has several years to take take

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care to resolve the matter. He has not resolved it as of yet. >> This this case is um 6 years old. So what was there any any conversation with the owner about why this is seems like a simple matter to me. Why this has gone on so long? >> I did have a conversation with him.

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Basically it sounds like something that he just overlooked. >> Okay. >> And he only he contacted me when I posted the notice to appear. He did give me a call stating that he's an entertainer he works on the cruise ship and he won't be able to make it to

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magistrate today. And I told him that we will proceed because this is a 6-year-old case. >> Right. Was there ever a prior order on this case or there has not been? >> No. No. >> Okay. Uh what what period would you recommend to have the dumpster enclosed by?

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>> That's one that I gave. I I told him when I spoke to him I said the dumpster the dumpster need to be enclosed as soon as possible. So I told him within the two weeks it should be enclosed, but he just stated that he won't be here. >> Okay. >> When I spoke to him I

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specifically said this should be I mean I know he have to get a permit. He may you know, he may have to pull a permit may take a little a little longer, but I did state that that's something that need to be done as soon as possible because this case has been open since 2020. 6 years ago.

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But to me his concern was more about going on a cruise ship to be a musician. >> Right, but there's no right. I mean but there's nobody else locally managing the property or I mean >> No one else. He's the only person that contacted me. No one else is he said

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he's responsible for everything on the property and he didn't designate anyone else to contact me or to see what can be done while he's on his cruise. >> Okay. All the evidence being placed on the record and based on the testimony and um

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the evidence um which is unrebutted I do find that uh there is a violation by not having the dumpster enclosed as required by the code. Um there being no prior order on this case

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the um respondent will be afforded 30 days to um And in the case having been pended pending 6 years they'll be afforded 30 days to enclose a dumpster to on or about September 14th.

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Um And afterwards if that has not been fully and completely done by that time there'll be a $350 per day fine and the administrative fee uh is also imposed.

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Okay, that's the order. All right, Maj- >> I'm sorry. >> Thank you. >> All right, Magistrate, the next item we'll be calling is item number 20. Israel Roman and wife Mercedes, case number C E B P R 202500331.

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And this case was previously found guilty by Magistrate Suarez with an abatement date of July 16, 2026. Fines were set at 250 per day plus $100 cost assessment. And the officer on this case is Officer De Sanchez. And the representative property is

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Ishmael. And uh Magistrate, they have not been sworn in yet. >> Oh, they have not been sworn in. Um Officer, could you please come forward and swear these people in? >> Um we're swearing him in? Okay. I see you are here. Were you here for

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the swearing in earlier? >> No. >> You weren't? >> No. >> All right. Step aside a second. Thank you. Raise your right hand. Do you swear or affirm that the testimony you're about to give in these proceedings will be the truth, the whole truth, and nothing but the truth? If so,

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say aloud, "I do." >> I do. >> Thank you. >> Thank you. Um Okay, Officer, let's hear from you first. >> Good morning. >> [snorts] >> My name is Officer De Sanchez with the City of North Miami. >> [gasps] >> We're here about a case that uh we

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previously heard um about windows being installed without a permit. >> And um go briefly go through the evidence and tell us the status or anything else you want to say about it. >> So, basically, the notice to appear was um he has the notice to appear.

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The affidavit of posting. The property appraiser is right there. The order to comply. The posting. At the property. Picture of the windows. More pictures of the windows. Another posting. This was the

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order of the notice to appear for the second time. The mailing. So basically last time we were heard he was working on it. And I can say that he every time I pass by he is consistently working on the house, but I

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don't know what is taking long to get the permit. But I don't know if he has to complete the job for him to get the certified reinspection from building department so they can issue him the final the final permit, but um

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as of right now there's no permit still. >> We're talking only windows here, right? >> Only windows, yes sir. >> So you don't know what the hang up is? >> No. >> Well, I'd like to understand because to me a window permit is, you know, pretty straightforward. I >> Building Building Officer Christopher

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Kosa. Um >> And title? >> Building Officer Christopher Kosa. >> Okay. >> His permit was denied by flood on 12/11/25 and structural on 12/9/25. He was notified by email

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for both of them on 12/16/25. So there's nothing He shouldn't even be doing work right now until he gets permit issued to him. So right now we have nothing He shouldn't even be doing He need to come back in and turn in everything that he needs to turn in to get his permits

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issued to him so he can continue and do the work. >> Do we know why those were denied by those divisions or we it's >> I don't have it in front of me of why they were did why he was denied, but I just know he was denied by flood and structural. So, he needs to turn looked

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into it. They emailed him. They notified him on the 16th of December 2025. So, he needs to go back into his emails and look and see or come into the building office and maybe we can help him over there find out what's going on and why he's why he's stuck where he's at.

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>> Okay, anything else? >> That's all. >> Okay, surname, address, and tell us what you want to say. >> Okay, Israel Roman, uh 10005 Northwest 124th Street.

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As far as the flood, there was a form that was not uh given to me to submit, and I did submit that form. I did go yesterday to the permit uh uh department to see, you know, what was

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the hold up on the permit. And uh uh uh they told me that it was denied uh because the structural report that my structural engineer issued, uh he made

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it for 170 mph. And the code is 175. So, so it it was it was made it incorrectly, I guess, you know, for 170 instead of 175. So,

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I in turn have contacted the structural engineer and told him that his report has to be updated, you know, to to increase the value, you know, to 175, you know. >> Did he say he would do that? >> Uh well, I haven't I left him a voicemail and you know, I would have to

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contact him, you know. >> And and okay, so that's the issue with structural. What about the flood? I don't understand. >> The flood is some some form or something that that that needs to be uh filled in

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uh you know, it's a part of the paperwork. You know, I it has nothing to do with flood, I think. But but that's what they call it. But that form has been filled in. >> Have you submitted that form? >> Oh, yes. I have turned it in a while back, yeah.

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>> And will you be in touch with your engineer today or this week to revise that report? >> Um um yeah, I would have to get with him, yes. >> This week? >> I'm going to yes. >> Uh I mean, it's it's a difference of 5

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mph. Um Okay, I am um I'm going to find um the the going to find the the um owner um uh in violation. I I think that

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uh you know, there there's still a lack of permitting for the windows as required by the code. Uh I am going to uh ratify the earlier order. We're going to impose a $100 cost assessment for

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today's hearing. Nevertheless, in light of the testimony, it appears to me that while there is a violation, it seems to me that the owner has been proceeding um in good faith. So, I'm going to afford them it's my own order. So, I'll I'll you know, I'll modify it in that in

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that 30 days um till on or about September 14th to uh get the the building permit for the windows. 30 days and and no further extensions as far as I'm concerned because it seems like two simple things

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that can be handled once you get on top of the eight ball and just be sure that those two things are handled. The wind report and the whatever flood document is missing. So, uh after 30 days uh

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there will be a $250 per day fine. Okay? >> I'm okay. >> That's it. >> So, Mr. Ray, just to make it clear, you say you're extending it for 30 days and then after 30 days it'll be the right up here. >> In light of the testimony, yes, that is my decision. Thank you. >> Also, you're on a um at the time since

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there's no permit for the windows, all work on the windows has to cease and desist until the permit is issued. >> Yes, it'll further be ordered that that um you know, there well, it goes without saying that violates a code, but there can be no unpermitted work on on the windows.

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I don't I don't I'm a little confused actually now that you bring that up of what other work on the windows is being done because they needed a permit, the windows are already installed. What other work is there? Either one, answer. What other work is going on because the windows are installed? So, I don't understand what other work there is.

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>> No, he was saying he was steady he was steady working on a property. So, with that being said, if he was if he's there doing any kind of work with the windows, maybe little things that we don't know about, we're going to issue a stop work order. Can't do anything based on no permits. Um if the windows already installed, he just has to get all the

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paperwork and his inspections called. >> Well, the testimony is clearly to me that the windows have been installed, so I don't know what other work there >> but then one day you go by and the windows out, so I don't know if they're doing adjustments to you know, go or whatever. >> is that clear to you? That would be a separate it'll be a stop work order and

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conceivably a separate you can't do any work on that until you have You can't keep whatever you're doing with the windows, you can't do anything else until it's permitted. And you need permits to do it. And now that that's clear to me, I I didn't

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understand. Thank you for clarification. I didn't understand what you were still doing because the windows are installed, but that's what brought you here in the first place. So, no unpermitted work. Am I clear? >> Got it. >> All right. >> Thank you, Your Honor. >> Thank you. >> All right, Magistrate. The next item

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we'll be calling is item number 22, Mary F. Luxama, case number C E B N P 2024-00010. And this case is presented by Officer Ferguson. And the representative of this property is Marilyn Anderson,

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Sarita Weech, which is her daughter, and Mary Luxama. Luxama. >> Okay, let's hear from the officer first and then we'll hear from uh >> Yeah, my name is Michael Ferguson from the City of North Miami Code Compliance. Yes, this is um

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Yes, my name is Michael Ferguson from the City of North Miami Code Compliance. Uh this case is from 2024 and it is for windows that were already installed in without any permit and on file.

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Uh this is >> There's no There's no prior order on this case. >> No. >> Okay. Go ahead. Go ahead. >> Yeah. I do have the property appraiser here. And >> [music] >> evidence of what Is it evidence of what it looked like in

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20 before 2024? And then what it looks like right now. Uh from July for since July 2026 is what it looked like. And I do have the notice to appear

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for this one since I was inherited. That's that's all the evidence that I have. But there's nothing on on record that they did pull a permit for it. But I did talk to them. They said that they going to work on it. But they still right now I check couple of days before there's nothing on

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file from Eden that they even apply for a permit yet. >> [snorts] >> And this case goes back to 2024. >> 2024. >> Um And uh Is there anything else you want to say about it at this time?

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>> Uh no. I did I did receive a call from them that they were aware of it. That they do have uh the windows without no permits and they said that there was a they didn't know uh the contractor that did the job didn't actually get a permit. They

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didn't they wasn't aware of it. >> And uh so it's windows and doors or one door? >> and doors. >> A one door? >> Uh yes. That I can see that I visualized as one door and the window as well.

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>> Okay. Uh all evidence uh will be made part of the record and included in the record for for this matter. Uh thank you. Let's hear from you. Name, address, relationship to the property and what do you want to >> Good morning, Your Honor. My name [clears throat] is Marilyn Anderson.

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Address 16450 Miami Drive. I am a permit expediter and a personal acquaintance of the owner, Ms. Luxama. Apparently, a person that that acquaintance offered to install their windows.

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Um they were unaware and he did not inform them that there was a a permit process that needed to be taken. Uh so, I don't know the exact date that this work was done, but the inspector came by and noticed the work and he put a stop to it because we did they had not

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secured a permit. I thought perhaps we needed to get a permit after the fact, but after we spoke with the gentleman, uh we I attempted to uh have a licensed contractor come uh who I've done work with in the past

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to come take a look and give us an assessment himself so that we could at least show that we attempted to uh uh address the issue. Uh the the the owner is not aware of the the policies regarding the this sort of

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thing. She thought she was doing the right thing, but she immediately stopped and she I believe paid the gentleman a certain amount. I don't know how much it was, but we've since not been in contact with him at all. We have another company

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who is willing to, after this hearing, come back and take a look and assess and um we're requesting the court allow us at least 30 days minimum to pull [clears throat] the permit uh see we have enough sufficient funds to complete

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it cuz she already shelled out some money to this other guy and he's MIA. So, it's one of those situations where they were taken advantage of and um I would like to >> that. Um Well, it seems like uh

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you know, ignorance of the regulations is no excuse and all that, but it seems that she was acting in good faith. What is the city's recommendation light of everything for a correction period. >> Oh, no. That that that would be fine. The 30 days will be allowed to afford them to go to back to building

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department and try to get a permit with the contractor. >> Is this a single-family home and is she a resident there? >> Yes. >> And there's no other use? >> No. >> Just her residence? >> Just her residence. >> Okay.

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I'm going to find [snorts] based on the testimony here today that there are unpermitted windows and doors. The period to bait or to cure will be

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30 days till around about September 14th to secure the permits for the windows and the doors. Um Officer, have there been any prior violations on this property? >> No. Okay, it's clean. >> So uh

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after that, if she hasn't done so, the fine will be $150 per day >> Mhm. >> until there is correction and there's a $100 administrative fee imposed because there is a violation. >> So that should be paid today or at this

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time? >> I'm I'm going to defer to the city as to how the timing of when they want that paid. I'm >> No. He's not You don't have to pay it today. >> Ask him, in other words. >> So we do not have to pay the fee. Thank you so much. >> You're welcome.

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>> Thank you. You're all set. >> Yes, very clear. >> So 30 30 days if not, there will be a fine 150 per day and the $100 [snorts] because there's a violation. >> A quick question, sir. Would this be an after-the-fact permit or just an original for permit? >> It's Yeah, it should be after the fact

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cuz but you could still have the building department. Just go there and you'll get more more information from them. But since the work is already done, it will be an after-the-fact permit. >> you so much. Thank you, Your Honor. Have a great day. >> Thank you. Thank you.

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>> Okay, Magistrate. The next item we'll be calling is item number eight, Coinco Investments Company Inc., case number CEBPR 2025-00328. And the officer in this case is Officer Shannon Sanders. >> Is there somebody here?

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>> Good morning. >> Shannon Sanders, City of North Miami code compliance officer. For this case, um, Magistrate, I'm going to ask that we table this as well. Um, the property owner reached out to me yesterday [snorts]

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afternoon as well as the evening, stated that they did an inspection on the property through the building department. They thought the permit would be passed. However, um, it failed. Long story short, they decided to bring this, um,

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>> [snorts] >> to not believe in this case and to go ahead and remove the fence, um, instead of trying to, um, pass the inspections. She notified me that the fence was removed and asked if I could go out and do an inspection this morning. However, you know, I don't do

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The city does not make a habit of doing inspections the morning of, so I did, um, speak to her and tell her I would, um, possibly ask for this case to be tabled, give me the opportunity to reinspect the property to verify if, indeed, the fence has [clears throat]

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been removed. Um, so again, I'm going to ask that we table this case. Um, >> Okay. Uh, when is, um, the next hearing date? >> The next hearing date will be September 2nd. >> Okay. >> 2026. >> Okay.

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Um at the request of the city uh case number eight is uh hereby continued uh till um Sep- September 2nd. >> Correct. >> Till September 2nd uh docket uh at uh

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9:30 a.m. at City Hall. And no further action will be taken on that case today. >> Thank you, Magistrate. >> Thank you. >> Okay, Magistrate, the next item we'll be calling is item number nine, Douglas Donner Rogers, case number CEF

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AW 2025-00175. And the officer on this case is Officer George. >> No, I'm sorry. Did Did you Did you say case number nine? >> Yes, Magistrate.

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>> Uh bear with me a minute. Um per per per my notes case number nine, unless my notes are faulty uh there was compliance on case number

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nine. >> Okay, Magistrate, the next item we'll be calling is item number 14, Eutimio Garcia, case number CEBPR 202300896. And the officer on this case is officer George, and the representative of the

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property is Eutimio Garcia. >> Have you been sworn in? >> Yes. >> Okay. All right, go ahead, officer. >> Good morning. I am officer code officer Jamie Johnson Jorge. Um this case

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was previously opened by a by a previous inspector back in August 17th, 2023. >> [snorts] >> So, this is the the notice of violation. This is the notice to appear for today's

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hearing. The this is the affidavit affidavit of posting. The property appraiser page. This is the posting on the property. This is the um the the driveway. So, the violation was for work done on the driveway without a permit

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back in 2023. So, you can see this was a a before picture, right? The uh these sections that are highlighted there was no pavers there. But then um back up here you see that there's our pavers in those areas.

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>> I see clearly from the photographs, yes. >> There's more evidence of the pavers being placed on on those areas. It's another uh posting. You can see they um have materials there before the work was done.

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Another posting. Okay. Um so those are the uh um uh all of the records, right? That I have. >> Okay, all evidence uh submitted in the record is um accepted and made part of the record. So

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obviously uh the code does require uh the driveway work to obtain a permit. >> Correct. Correct. >> And it's your testimony that it uh did not have a permit and to this date does not have one. >> To to this day uh well as of my final reinspection date,

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which was July 15th, 2026, there was no permit on file, but the property owner, he did apply on July 22nd. He did an owner owner builder application. So um I imagine right now he's going through the process.

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Um if if you can attest to what where you at in the process, I don't know. >> Yes, sir. Good morning. My name is Timio Garcia. Property 2165 Arch Creek Drive. Um I applied 2 weeks ago. I was there yesterday and asked them again for the

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permit. They say still waiting. They say that take up to 30 days sometime for the permit. >> [snorts] >> Is this a single family home? >> Yes. >> Is this your residence? >> Yes. >> Any other uses? >> No. >> Are there any other violations here?

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>> No, sir. >> Okay. Um this does go back to um 2023, right? >> Yes, sir. >> And you you've been aware of it for we're talking 3 years now. >> No, yeah, doctor uh uh um

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the code officer Murillo at that time, I spoke to him. He told me as a matter of fact, there's a new picture I think you took the other day that uh he told me, "Okay, you have to do like a circle with uh grass or green or something." I did that. He went

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back and I thought that he I thought everything was done. He never sent me anything. He never no ticket, no violation, no nothing. Until now that he passed by and he put that notice there. I said 2 years later, why they putting this again? So I said my friend I saw him the other day and I

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spoke to him. I say no, he never closed anything. He never did anything. I said I didn't know that. So I said you have to go and apply. So that's what I did and went and applied. >> Okay, well there there maybe there was some lack of understanding a misunderstanding

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with with the conversation that you had with the previous inspector. Um so as as a homeowner, you know, you you are responsible, but I I guess it was his responsibility to educate you. >> Yeah, what to do. >> Yeah. >> I didn't know.

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>> So I I think in light of all the testimony including the communications, uh there is a violation um uh you do need an after-the-fact permit for the work done on the driveway. Um I will afford you 30 days

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uh from uh the date which we're using on or about um September 14th uh to um abate to cure, you know, to take care of it. And uh please get on the ball with that

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and be diligent about it and be sure that that you follow up with them and that you know for a fact that things are approved and that it is accepted and not leave it because um >> I know. >> you know, um you're the owner and um you know, um

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if there isn't a a correction or a cure by that period, the per diem fine No, are there any [clears throat] other violations on this property? >> No, sir. >> Okay, well be $150 a day uh thereafter and a $100 administrative fee is hereby assessed.

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That's the order on this case. Thank you. Thank you for coming in. Thank you. >> Thank you. >> Okay, Magistrate Deft, the last person that's present. Everybody else is didn't show up. So. >> Well, then anybody else, the other cases to be presented, let's hear them on an expedited basis, or

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>> Sure. Yes. >> All right. >> All right. I'll be calling item number 11, Empire Legacy Management Court, case number CEBPR 2023-00927. This case was previously found guilty by Magistrate Smith with an abatement date

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of January 6, 2025. Fines were set at 350 per day plus $100 cost assessment, and the officer on this case is Officer De Sanchez. >> Okay, let's quickly >> And number 12 number 12 and 13 is also the same property. Would you like me to

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call all of them now? >> Yes, but they'll be they'll be separate orders. >> Okay, for sure. Empire Legacy Management Court, case number CEBPR 2023-00928. This case was also previously previously found guilty by Magistrate Smith with an

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abatement date of January 6, 2025. Fines were set at 350 per day plus $100 cost assessment. And item number 13, Empire Legacy Management Court, CEBPR 2023-00929. This case was also performed previously

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guilty by Magistrate Smith with an abatement date of January 6, 2025. Fines were set at 350 per day plus $100 cost assessment. >> Okay, we'll have separate orders, but Officer De Sanchez uh same property, same owner, let's

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let's hear all cases >> Yes, please. I was just going to ask that. >> Uh Officer De Sanchez is City of North Miami. I inherited this case from Genaro Murillo from our office, no longer here. Basically, the I see proper notice was given. I'm going

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to go through it. It's the permit action court notice of violation. >> Yeah, this is wearing 11, right? >> Yes, we are on number Yeah, 11. >> Okay, go ahead. >> Notice to appear. Affidavit of posting. Property appraiser.

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The sun bids. Picture of the property and the posting. A back picture of the property. One of the front picture of the property of the posting the order to comply. Notice to appear.

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Another affidavit of posting. The mailing, your honor. So basically, there is a bunch of work done at the home without permits at all. And I guess officer Murillo caught them in the act and were taking pictures

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of all the work that was being done. This first one was for the the plumbing. And the other ones I believe is for windows and other and a concrete walkway that was built. So I guess those are the cleanouts.

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That's probably that he took the pictures of in the in the back of the property. And all the all of their cases have separate pictures, I believe. >> No, we'll go we'll go through each one very quickly. Do you have anything else on 11? >> No, that's it.

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>> Okay, so uh noting that the uh respondent has failed to appear and based on the testimony and the evidence in the record, I'm going to ratify uh Magistrate Smith's order. Uh a daily fine of $350 per day is

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imposed from the date uh that uh was imposed in in the prior order uh January 6th, 2025, commencing on that date and accruing daily thereafter. Uh a $100 fee since we've had another um hearing is hereby assessed.

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Okay, case number 12. >> This one's going to be the for the concrete that was poured. All the stuff that's needed uh the property appraiser. Let me go back up to the top. Let me see. Notice of violation, permit action report.

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Notice to appear. Affidavit of posting. Property appraiser said that that sun bids. The mailings. Picture of the postings. >> [snorts] >> Picture of the posting.

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Two, there's a picture. And this is a picture of the backyard. Let me see. There's a picture. Give me a second. There's a picture of the walkway. It's to the side of the property. Uh I don't know if you can see it right there, but if you zoom in, this uh

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they poured all this concrete and the walkways leading towards the back of the property was also a pathway poured out. When I visited the property and posted the second order notice to appear,

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I saw it. It's on is in the pictures also. The whole all that concrete. >> Number 12 is for plumbing permit. >> But yeah, they heard the one that we just heard was basically it was inverse. So we we actually heard number 12 first.

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>> Okay, we need to be clear about that, okay? Because I said we're going to start with the last one. >> I noticed that it's cuz all the evidence is the same. >> Okay. All right. Um >> Yeah, all three of them are all the evidence is exactly the same. Everything is the same. It's just one was for plumbing, one was for ongoing work that

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was just being done in general on the property. >> Okay, well, we want to take them in the order that they appear on the agenda. >> Yeah, I realized that sorry, Your Honor. >> Okay, well, it's not not a not a federal case. It's a default. They're not here. All evidence is accepted into the record

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and per testimony and the evidence which is unrebutted, there is a violation for the permit lacking as required by by the code and regulations. I'm going to ratify Magistrate Smith's order. There is a per diem fine from

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the date imposed of January 6th, 2025, $350 per day hereby assessed and $100 administrative fee since we have had another hearing. Okay, now number 13. >> Yeah, the last one is just for the window that was installed in the back of the property.

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>> I'll let let that evidence in if it's any even if it's not any different, let's put that evidence in, please. >> Yeah, it's I zoomed in on it. That's the window that was installed without a permit. That's for number 13 and everything the the mailing, everything is the same.

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Sunbeds, property appraiser, post affidavit of posting, notice to appear, notice of violation, permit action report. So, this one was for that that back window. >> Okay, on case number 13, I find based on

350
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the evidence photos un-rebutted and it's a default that there there is a need for a permit for windows and I'm going to hear by ratify a magistrate Smith's order and impose a $350 per day fine from the

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abatement or cure date of January 6th, 2025 going forward 350 per day as noted and a $100 admin fee because we have had another hearing. >> Thank you, officer. Appreciate it. >> Okay, so that concludes those matters. >> Okay, magistrate, the next item we'll be

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calling is item number 18. But, number 18, I was just informed that we're going to be tabling that case. The officer requested it, so we're going to add it to the uh amended list, number 18. >> You're going to add it to the >> Yeah, that we're we're tabling it, that we're amending it. >> But, to when?

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>> To the next hearing, September 2nd, 2026. >> Uh at the request of the city, case number 18 is hereby taled tabled to September 2nd at 9:30 a.m. at city hall. Thank you. >> Okay, the next item we'll be calling

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would be item number 21. >> [snorts] >> That's Lake Point Condo Association, case number CEBPR202500341. This case will be presented by officer Jorge Jorge George. >> Good morning, code officer Jamie Johnson Hoy.

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This case was previously heard. I believe this case was pre- previously heard by special magistrate Suarez, I believe it was. Okay. It was heard by you. >> Yes. >> Um So, let's just uh go through the the case.

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Notice of violation. Notice to appear. The affidavit of posting. The property appraiser page. Some bids. Posting on the property. And uh the the deck that was constructed

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in the back. It's um the the wooden one in the back. Let me see. >> I see it in the I see it in the photo. >> It's another angle here. The uh certified mail sent to the association.

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And to the registered agent who lives within the uh association, which is a they're just town homes. Okay. So, that's the end of my evidence uh all the documents I have. >> Okay. Uh officer, thank you. All the

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evidence is submitted and accepted into the record. Uh unless we can uh zoom in on it or eyeball it or I guess I could pull it up here. Uh can you tell me in the earlier order what the um cure or abatement date was? >> [snorts] >> And what that order provided?

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>> Okay. The hearing I guess No, it says that the hearing was rescheduled. >> Okay, so the case was not heard. >> Yes. >> This is the first time it occurred. >> It's the first time? Oh, okay. Okay. >> Okay, so then there is no issue of um

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>> Correct. >> Right. Uh >> So okay, so so but basically the the violation was for the deck that was constructed in the back with no permit on file. The uh There was um a gentleman who came to the

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office. He he represents the the property. They applied for the permit. >> You saw this gentleman? >> Um he he came into the office. I I never got his name, but he he he represents the property. I'm I imagine he's maybe the registered agent. >> Right. What I'm what I'm asking is just that did you speak to this person? Yes,

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yes. Yes, and what what was that conversation? >> He the conversation was that he applied for the permit and on March 4th, 2026, the building department gave him a process number to take to the county. I guess he has to go through the process with Durham cuz

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there was a deck that was constructed in the back and the the canal is right there in the back. Uh but since then, there has been no progress. Um I don't think he's been back to the building department to give them any

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updates on what the county has done so far. >> [snorts] >> Mhm. >> So that's that's all we have currently. >> What what would be your recommendation for um a period to a cure or abate?

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>> I'm not sure how long the process with Durham would take normally, but since it's since you've had that process number since March and we are now in August. I guess I'll I'll be okay with adjudicating for 30 days.

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>> Okay, that's your recommendation? >> Yes, sir. >> Okay. I I do find that there's a violation here and that there was a uh deck that was uh constructed on this property without the required permits. Um all evidence has been accepted into the

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record uh and is unrebutted because uh there's been no appearance here today. Uh there's going to be a cure or abatement period of 30 days given to obtain such permit uh that is to honor about September 14th. Uh thereafter there will be a per diem

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of uh Is this a home or um >> It's It's an association. There It's a It's town homes within a gated They They have a a gate. So, it's just town homes and they're all in a in a association. So, >> So, it's it's a

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It's It's not a It's a multi-family townhouse community. >> Yeah. >> And this deck services the entire community as you know? >> Yeah. >> Okay. So, um several several units there. >> Yes. Yes.

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>> Okay. Uh the fine thereafter will be $500 a day until a permit is secured and uh the $100 administrative fee is imposed because there is a violation and we've conducted a hearing. >> Okay, Magistrate Next item we'll be calling is item number 23, Mokhtar

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Ahmad, case number CEBNP 202500026. This case was previously found guilty by Magistrate Suarez with an abatement date of June 17th, 2026. Fines were set at $500 per day plus $100 cost assessment.

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And the officer on this case is Officer Dorval. >> You said June 27th? >> Let me read it again. [snorts] June 17th, 2026. >> Thank you. >> Good morning. My name is Suarez. Officer Dorval.

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This is the permanent action report for this case. The notice of violation. Which was issued on 7/14/2025. The notice to appear. The affidavit of posting. The mail out certified mail.

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Property appraisal. And the um code compliance special magistrate notice. >> It's the order to comply. >> Notice to comply, correct? And these are the pictures here of showing that uh

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there was uh electrical work done without a permit. This entry right here showing that where the bar gate is at, fence door is at, on that other side is the drywall which is where the additional room is at in the home. And I was able only able to take those

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pictures because she had a previous renter. And that renter allowed me into the house. >> And he gave you consent to enter? >> Excuse me? >> They they consented to your entry. >> to enter. Correct. Go ahead. >> Right. This is the backside of the house. I mean actually this is the front of the

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house. This is the door that's on the backside of the house that leads into that additional efficiency or whatever room that they want to call it. That they might want to address it. And this is the other door. Cuz it's

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basically two as basically [snorts] three units in one under one residence. And that's a single-family home. >> And that's that's No, that's beyond that. Here it's it's um unpermitted work, but um

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this is a single-family home, and you have what your testimony is that there's three subdivided units being rented out. >> That's correct. >> Okay. Um is there anything else? >> No, nothing else. >> Okay. Um all the evidence is accepted

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into the record. Um I'm going to ratify the prior order on this. Uh there is a violation in that um there's there's um uh unpermitted work um

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in terms of uh the electrical panel and and other uh related matters um uh stated in the notice of violation including the bar uh door, sheetrock panel, uh and uh the permits for the two

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additional units all in all presenting a substantial number of violations. So, the the order is ratified. Uh there's a daily fine imposed of $500 from uh the day after the abatement date on the abatement date being June 17th, 2026.

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So, that's hereby imposed, ratified, confirmed, and $100 administrative fee since we've had another hearing. Thank you. >> Thank you. >> Okay, Magistrate. The next item we will be calling is item number 25, Tobar

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Realty LLC, case number CEB PR202400153. This case was previously found guilty by Magistrate Suarez with an abatement date of July 16, 2026. Fines were set at 250 per day plus $100 cost assessment. and the officer on this case is officer

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George. Good morning code code officer Jamie Johnson Jorge. So this case definitely was heard by uh special magistrate Suarez. Um to this to this date we don't have anything on file for them

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uh applying for any permits for the grease trap. Um but I I mentioned in the last hearing that that I was in communication with them. They mentioned that they were waiting on the county. They and then ultimately they did pay whatever it was they had to pay

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for the county. And I told them they had to come to the city to apply or uh submit whatever it is the paperwork that they needed to uh apply for that permit, but they haven't done so. >> Okay, is there Is there anything else

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that uh >> No, that's it. That's all. >> Okay, is the evidence in the record the same as it was for the prior hearing? >> Yes, sir. >> Okay, all evidence in the record is uh hereby um accepted and made part of the record uh for this proceeding today.

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Um the earlier order on this case is hereby ratified and confirmed and a fine of $250 per day uh commencing after the abatement date of uh June 16th, 2026 is hereby imposed

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plus $100 administrative fee uh since uh we've had an another hearing. >> Okay, magistrate, the next item we will be calling is item number 26. Vida Rasley and Rem Nicole Ras

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case number C E F L R 2025-001-01. This case was previously found guilty by magistrate Suarez with an abatement date of June 17th, 2026. Fines were set at 250 per day, plus $100 cost assessment. And this case will be presented by

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Officer George. >> Good morning again, Jamie Johnson Jorge. Uh to this date, the um I checked the system, there is nothing on file. They I don't think they paid. Uh no. They haven't paid for the renewal for

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the business tax receipt. >> Is the evidence the same as it was in the prior hearing for this? >> Okay. Um I'm case number 26, uh noting uh the testimony of the code compliance officer and uh the evidence which is in the

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record and hereby made part of the record and um I included in in today's um record for this matter, um I I found that uh there's still a violation um and uh has not been corrected for a the required BTR.

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So, uh the earlier order will be hereby ratified and uh there'll be a $250 per day fine uh after the abatement date of uh June 17th, 2026, uh plus $100 uh admin cost is assessed

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as well. And um again noted that that there's been no appearance today uh by the respondent. Thank you. >> Thank you. >> Okay, Magistrate, that concludes today's hearing. We have no more cases.

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>> Is there any other uh matters or anything else before >> No, that's it. >> Okay. So, uh having heard that, um we stand adjourned. Thank you. >> one moment, one moment, Magistrate. >> There is something else. Then we're not adjourned. Somebody's >> Let me check. >> No, you're not. I know that.

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>> Yeah. Yeah, that's it, Magistrate. >> That is it. There is There isn't any other There is speak now or okay. >> [laughter] >> Okay, then we do stand up.