uh for this hearing. The special magistrate is empowered under Florida statutes and the North Miami code to hold code violation hearings. The purpose of this hearing is to determine if a code violation exists
at your property as seen by a code enforcement officer of the city. If the city is not able to prove its case, then I will dismiss it and you may leave. These proceedings are being recorded.
So, uh all persons who are speaking uh make sure that your testimony is clearly audible and um when you give your name if you can uh also uh please spell it so that
um we have it for the record. If English is not your primary language, then please inform me when I call your case. We have interpreters who will assist you during the proceedings. When your case is called, the property owner,
agent for the property owner should announce your presence and you and any witnesses that you may have should also be in it. Uh when asked, please uh speak directly into the microphone uh and uh state your mailing address and
your relationship to the property. If you're not the property owner or an attorney representing the property owner, then you must present a power of attorney or affidavit to allow your testimony to be taken on behalf of the owner. For new cases, you will be asked
for the record if you're aware and understand the violation that is being heard today and if you understand what is required to resolve the violation. The city will present its case first and then the property owner will be given an
opportunity to testify on their behalf. You can bring forward witnesses. You present evidence and you may present photographs and even cross-examine the city's witnesses. Following the case presentation, I will issue findings of fact. If I find that a
violation of city codes exist or existed at your property, then depending on the case, I will set a compliance or an abatement date for the violation to be resolved. Or for repeat violations, I
will impose a daily fine amount. For new non-re repeat cases, my order will include an abatement date by which you must resolve the violation and a daily fine amount that I may impose at a future hearing if the violation is not
resolved by the abatement date. If I find sufficient cause to postpone uh the case, I will table it or continue it to a later date. If you do not agree with my
findings of of fact or my ruling, uh the property owner may appeal my administrative order to a circuit court in Miami date county. Um an appeal must be filed within 30 days of the date of
the uh signing of my administrative order. In accordance with Florida law, if a person decides to appeal any decision made by the special magistrate with respect to any matter considered at these proceedings, then the person shall
have a transcript or a verbatim record of the proceedings. This record includes the testimony and evidence upon which the appeal is to be based. cost of obtaining the verbatim record shall be their sole responsibility of the
appellant and it is recommended that persons who plan to appeal their case should provide their own court reporter this proceeding pursuant to city codes. If the city of North Miami prevails in prosecuting a
case before the special magistrate, the city shall be entitled to recover all cost incurred in prosecuting the case. The current cost assessment is $100 per case. Once the city re uh records an order that imposes a fine and authorizes
a lean against the property, then the city will charge additional administrative fees to report and release. Uh at this point, I believe uh we turn it over to the clerk or do we do the pledge of allegiance?
Pledge of allegiance. Yes. Correct. All right. So, let's do the pledge of allegiance. [Music] We can't hear you. I mean, we can, but it's it's there's kind of like an echo there.
Okay. There's no headphones up here. Do you need to speak louder or what do you need? There you go. You Okay, perfect. Thank you. Okay, no problem. 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 liberty and justice for all. U magistrate if I may. Um so there is a tiny situation. We don't have any
translators on this meeting today. All right. So uh for um uh creole or uh Spanish also none no translators at all.
Okay. So, um, for those that will need a translator, uh, we may need to table those cases. Yes, the the what the name attorney Bob Marie was just letting me know that all those cases that if they do need a translator,
then we will have to, um, table all those cases. So, I guess once that they get to us, then we'll go, I guess, one at a time. Okay. Sorry about that. Okay. Um, officer Carter, my apologies. I just wanted to
give the heads up. Okay, no problem. So, we're going to swear in the officers. Okay. Can you guys cut on your cameras, please? Perfect. Can you see everybody?
Yes, I can. Okay. Okay. Please raise your right hand. If you are giving testimony today on a case, please raise your right hand as I issued the oath. Do you swear or affirm that the testimony you are about to give in these proceedings will be the truth,
the whole truth, and nothing but the truth? If so, say aloud, I do. I do. Thank you. Thank you. Um, well, since there's no translators today, um, can I read my script, I guess?
Yes. Thank you. By the way, I I can see me now. You can I don't know what I did, but I I can see myself. That's good. I'm glad. All right. I I wanted to show you that I'm still I'm wearing a suit. That's all. Okay.
All right. Thank you, Magis Smith. Uh, good morning and thank you for participating in today's special magistrate hearing. I will review the process by which today's hearing will be conducted. Make sure your device is always muted unless
you're giving testimony on a case. If you're using two devices to participate in today's hearing, be sure your audio is only enabled on one device. When your case is called, if you are signed into Zoom, you will receive notification giving you access to audio and video so
that you may give your testimony. If you're physically at city hall and wish to give testimony, you must sign in with a code clerk and await a text message indicating your code is ready to your case is ready to be heard. Up and receiving that message, you should
immediately come to the code compliance office to be provided with access to a computer. If you would like to speak on behalf of a case, once the case is called, you should click the raise hand button to be acknowledged. Before giving testimony on your case, please state
your name, property address, and relationship to the property. If you wish to have an interpreter using during your case, let us know. As we uh stated before uh this meeting, there's no interpreter. So just let us know and then we might need to table your case
for the following case for the following hearing. Your magistrate that concludes the instructions and uh as of right now I don't have any amendments for today's uh agenda but I do have the abatement dates whenever you're ready.
All right. I was going to ask you about u amendments, deletions, additions. No amendments so far. I only have the abatement dates. Okay. Uh so um tell me what those are.
Okay. So for 30 days is November 5th, 2025. 60 days December 3rd, 2025. December 3rd. Yes. 2025. And 90 days is January 7th, 2026.
All right. Are we ready? We are ready. Give me one second. So let let's call let me let let's call the first case. Okay. So um first case is case number 24. Hang hang on one second. I'm getting uh
sure too much for Okay, I'm back. Go ahead. I'm just letting um What case are we calling? Case number 24.
21. 24. 24. All right. Oh, there she is. I'm sorry. Hi. Good morning. I'm so sorry. Good morning. How are you today? How did I How did I know that case
number 24 would be the first one? Did you? I knew. Okay, there we go. Sorry. Let me share. Um, I u I I reviewed I reviewed the file and um I'm very familiar now with having
read the file. I'm very familiar with what the issue is. But nonetheless, I'm going to ask the building official first to um weigh in on
uh a brief history of how we got here and um whether or not the building official has any recommendations. Mindful in order to save time, um I've reviewed everything that has been provided by Miss Guslowski. She did
a good job of uh putting the case in a very simple, easy way for me to understand it. Oh, wonderful. And I do have an update when appropriate. Yeah, there there's some update information that I'm going to ask you about, but let let let's for the record
let me read the case and let let me let me have the inspector um is it let me go ahead and read the case first and and case number 24. Yeah. Yeah, go ahead and and read the file. Yeah, read read the case number.
Tell us uh who are the parties and then I want to hear from the uh building official. Got it. Case number 24, uh Mariners Bay condo, FYBRR20100176. The inspector for this case is Miss Shnie Prie.
It's on today. Okay. Um, and I believe our building official is also on today. All right. So, let me let me uh hear from the city um on what this case is about.
Uh, good morning. Good morning, sir. We can see you. My camera is not working. I apologize. All right. If we Yes. Yes, sir. Uh, madam madam city madam city attorney.
Hang on one second. Madam city attorney, do we need to see the witness? It would be preferable. Yeah, I would think so. Mhm. [Music] Any anybody else from the city that is
visible that can uh Johnny Pressy? Is she Is she on? All right. Why don't we hear Why don't we hear from her? Miss Prey, are you able to go to the public office and help her? Yes. I was trying to unmute. Good morning. How you doing today?
Right. Uh can we see your face, please? Let me pull my camera down a little bit more. Better. Yes. Okay. Um, good morning everyone. Good morning. Regard Good morning. Are you able to go to the building officials office to help her with her
camera? Her camera? Yeah. Give me one second. Thank you, Miss Koslowski. I don't think we've ever met, but I believe that I You have a father who's a real a realtor?
No. No relation there. Um, I'm with Schubin Law Group. I don't know if you know John Schuben. Well, I I I know I know Schuben and I know Bass and I've uh watched them uh over the years. Uh are they no longer together?
They are a separate operation now. It's been about two years uh of Schuben Law Group and we now have Okay. So So you're with you're with John Schubin. I'm with John Schuben. Okay. And and just so that I get it clear, you are representing the condo
association uh and their um board. Is that correct? That is correct, your honor. I'm I'm representing the association today and also represented them during the land use proceeding. Okay. Is there anybody that's going to
testify for the um developer? No, not this morning. It's just me here on behalf of the association, but I do have an update from continuum. Okay, I'll ask you I'll ask you about that. All right, building official.
She's there. She's uh where Mr. Christopher Coulson sits. We can't hear you. Is that me? Because I can't hear you. I don't know if she's speaking with us, but I don't think she No, we can't hear you. Building official. I believe they already fixed
the camera in your office, so you might want to go back to your office. Can everybody hear me? Yes. Apology about that. that is something wrong with my camera and my mic too. So anyway, your honor, this case is a 40 years resetification case
and uh we don't have any action happen to about it because we've been told that they're going to be demolishing the building. However, until that happen, the case is still going to continue unless they kind of find an agreement with the city uh through the attorney
office to see that they are intended to demolish the building. Uh this is the only way I see it out of this of this situation. Well, I think I have a role to play as well. Um anyway, this started back in
2029. I'm sorry. 2020 2019, sir. Yes. 2021. So they they were supposed to file in 2021. They did file some paperwork. Correct. Yes. The paperworkies.
Correct. Correct. Uh did they rise to the level of a life safety concern? No sir. Okay. Are there people living there? Yes sir. And my understanding is that
the 45 unit owners or how many are there? 47. 46. Got it. Okay. Uh that they have all sold their uh condos to a developer. Is that your understanding? Yes, sir.
Okay. And uh they're they're still there and um and they went through some land use approvals with the city. Correct. Yes. Yes, sir. All right. And they changed the land use development regulations. They u uh did
some text amendments to the um uh to the code. They u uh were allowed to go up to I believe 27 238 is allowed. They're they're going to
217 on the heights. Uh they're going to have be 267 units. I'm I'm taking away from your presentation, Miss Goslowski. Uh because that I I I understand the lingo.
I u I've done this. Uh and I also understand that the the city has granted conditional use approval to uh to build uh the the the building. Is that correct? I am not aware of this part, sir. Yes.
Okay. I've seen the resos. They're in the file. Um, and so your position as uh building official is that um they they uh have to comply
uh or else they're going to face some some um some uh fines, right? Yes, sir. Okay. Um, assure me of one thing though. Uh, I I saw an old engineering report that said
that the uh property is in in uh not a life safety issue that people can still live there. It's not is not subject to a uh a red tag. Do you agree with that? Yes, sir. However, until we reach um an
agreement or until they do any permitted application to do the demolition itself, we would like very much for that same engineer to give us a safe to occupy letter for the people who are occupying the apartments at this moment and maybe they can reach out to the attorney
office to see if they can make an agreement with the city to see when this project is actually going to be coming off the ground. Okay, I'll get I'll get to that. I'll get to that. I'll get to that. And yes, uh I agree with you 100%
that we need a an updated affidavit uh from a licensed competent engineer that the property is safe to occupy, that there no life safety issues uh on the property effective uh
tomorrow. Otherwise, uh the building official in her authority or discretion can redtag the building and unfortunately everybody's going to have to vacate. We hope that doesn't happen. But that is the authority of the
building official. Uh as well as um I would encourage her if necessary, it's within her power to uh take the file to the um unsafe structure work to the mid county. Yes sir. And and let them let and because I'm not
an engineer. I'm not a building official. I don't know uh when and if a property becomes uh unsafe for for uh human habitation. I don't know when uh these folks are going to ultimately
leave the property. Um hopefully the project can be expedited and things can get done quickly quickly so that we won't have the issue. I I I agree. I agree that we shouldn't impose we should not impose hundreds of thousands of of
dollars in in cost if the property is going to be demolished in a in a relatively um short time. So, uh uh I'm going to I'm going to ask um the u property owner to brief me on any recent
developments. Um I would like to know right off the bat whether you have Uh whether you have um uh plans, specifications, working drawings that are ready to be filed uh with the city
for uh beginning of construction and also the whether or not you have a demolition permit. Somebody's talking, please. Silence. Thank you, your honor. Again, for the record, Lyanna Koslowski with Schuben Law Group. Speak up a little bit because I'm I'm
having trouble hearing you. Sure. Uh, is this any better? Good morning. Yes. So, just for the record, Lyanna Kazlowski with Schubin Law Group. I'm representing Mariners Bay Condominium Association, Inc. Um, the update that we have for you, we were able just
yesterday to get a updated safe to occupy letter from the engineer of record. The rec uh the letter makes clear that although there is structural quote, "There is no danger of imminent
structural collapse and the building is reasonably safe for continued occupancy. This was signed and sealed yesterday, September 30th. I can provide that to the building official as soon as this meeting concludes." And yeah, I would hope I would hope that
that if uh if you can do it today, great. If not, uh my order which I will enter will say that you have to provide that within 48 hours. Understood. Um that will be done right away. The other update is we are
scheduled to close with continuum in 29 days October 30th. So the building has already filed for a conditional termination. It was dependent on obtaining that last city approval in January of this year.
Uh after the closing, there is an agreement between the developer and the association, which we're grateful for, where the residents will be able to stay for another 8 months. After that point, the
building will be uh vacant, unoccupied. So, we anticipate um let's say nine months from today to move forward and and completely turn the building over to Continuum. And and the continuum is that the same
entity that built the continuum in South Point and also is building in North Bay Village. Correct. Bruce Iikner. Is is that is that the Igner family? Are you dealing with Mr. Bruce Iikner? Are you dealing with the daughter? Both of them. uh both of them have been
involved in this process and it it's it's been a fantastic collaboration. I'd say they've been very accommodating to the unit owners and you know it it is an important component that after closing
we have some time for the residents to relocate. So that's uh you you have to go through the uh building permit process, right? Continuum will Yeah. Yeah, a continuum will and they they haven't started the
yet yet yet because they they're not they're not the owners, right? They're waiting for that October 30th closing date. And then approximately how long after that will they be demolishing right after the eight months. Uh I think that that is the plan. You know,
um they're they're ready to go. They wanted to move forward with this probably two years ago, but it has been a layered process. Okay. Is is the uh purchase and sale contingent on any uh city action
that's already occurred that the January 14th, 2025 approval was the final approval that was needed. There was an appeal. Yes, I was going to ask you about the appeal. What happened? That's now um been quashed. Um so there
are no further conditions to close in. Okay. Okay. And the appeal was by uh a neighbor, correct? Some complaining about the height or something, right? Okay. Typical uh process. Yeah.
Somebody doesn't like the height or doesn't like the density and that that has been dismissed with prejudice. Correct. Okay. Uh now there there are some some issues that are potentially lifea
safety. Uh, one of the things that I read was that there's no guard rail uh keeping cars from landing in Biscane Bay. Is is that still a concern or do you know
the the only you know the bulk of what we're dealing with was concrete restoration work. Um I'm not aware of a guard I've been on the property. I'm not aware of a guardrail issue. Okay. I saw a picture of a like a bush
that is supposed to divide the parking lot from the property from the water. Um, okay. So, that was one issue that I had a concern about. I also read about some issues with the balconies. There are some cracks in the balconies.
Are they uh accessible to the property owners? Yes. I mean, these are personal balconies, but again, just going back to the letter from our engineers, none of this is is a life safety issue. Okay. So, we're not going to have people
going out to the balconies and uh uh falling down to the ground. Okay. I I would urge the the building official to make sure that the balconies are safe and that the the the balconies are not safe in any way, shape or form,
then they should not be accessible to the u to to to anybody, a guest or a property owner. So So um Madame City attorney, do you have anything to add?
No special magistrate. Okay. So 8 months takes us to um to when and it would be eight months from closing. The closing is the closing is Yeah. But then at the
closing the the the closing is is on October 30th. Correct. Okay. But then the then then the the property owners can stay there for an additional eight months. So that would be November, December, January,
February, March, April, May, June. They'll be there through the end of June I suppose. Right. Okay. And uh by now the condo association has been terminated. It's a conditional termination. With the
closing it would it would be official and then you would go through a winding down period. Okay. And I and and I uh yes you have a question. Um no. Okay. Um there is no problem with with funding.
The funding the the continuum has the funds. Yeah. Okay. Any any um any issues with the with the mortgage e the mortgage or I mean there were there was some changes
with the funding and so that's why we had a rescheduled closing date but all of that's been worked out and so we are looking forward to the 30th. There should not be any issues. Okay. All right. So uh my
ruling in this case will be as follows. Based on the review of the file and in your honor I have to I have to mention something regarding the safe to occupy engineering letter. It's only it has to be done every
180 days. So if they going to Yes. So if they're going to be staying there nine months, so we need the one that is she's going to be submitted tomorrow and after six months from that date, we need another additional one. Okay. I I I I am glad I'm glad you
brought that up because one one of the one of the um one of my rulings will be that the building official still retains
any and all authority of a building official under Florida statutes and county code sections. So at any point, madame billing official, you're free to make any requests,
requirements. You can even u red tag the building if if if in your discretion that is necessary in order to ensure the safety of the residents.
um that in any way take away any authority that you have under the Florida building code. Thank you, Aron. But uh but what what I am what I'm going what I'm going to to
rule is that uh I based on the testimony and the evidence that I present that I've uh reviewed and having listened to councel um I will uh I will rule that uh the
violation of the county code section in question as well as the city code um for which I I I
have no authority to to to change or modify or add um to to the code um let me get the code section or yeah so the the 40-year reertification
uh ordinance uh in the code is 5-37 and the um the county code section is 8-11F uh and it it talks about shall you shall I I I have no authority
I have no authority to to change the uh or give you additional time uh um beyond what I'm going to give you. And and then that's that that's it. I'm I'm I'm uh I have to follow the guidelines set forth in the 40-year
resertification and the uh in the code in the city code and and and the the county. So, I I'm uh I'm going to enter an adjudication of guilt um because we haven't the the property
owner has not filed the necessary documents and shown the necessary paperwork to to get a final approval from the city. So, I I find the property owner guilty of violating the 40-year reertification
uh section. Uh and this is something that goes back to 2021. So, it's it's been quite a while. Um, and um I will give the property owner
um until well until the closing for sure uh which is set for October the 30th. Um, it's it's it's kind of difficult because we we're now dealing with a new owner
that's going to take over on October the 30th or uh November one or whatever the date is of the closing. So, I
will require the new owner continuum as part of my ruling to come back to me on uh
November 5th. 30 days so that I can issue an order that is binding on them. I I assume they were not served with with with a notice for these proceedings. But as
far as the condominino association and the property owners, um if they vacate within 8 months, but no later, there will uh there will be no fine. They have eight months. they have eight months to
to to continue residing in their condominium as per the agreement. Uh after eight months, uh the fines um the the fines will be um for the
condominium association $1,000 per day if they stay beyond the eight months. Uh um then as to the continuum, they'll ha they'll have to come back um
they'll have to appear before me on November 5th so that I can make further orders. Uh but again, if if the if um if there's no compliance
by by um by June of next year, if the property owners don't vacate, uh I I will be finding the association even though it doesn't technically exist anymore. It may be that the property owners will be responsible uh because there is no
association. But in any event, I will u rehear that in eight months to make sure that everything uh that that they've vacated the property and the property is ready for demolition. I know this is complicated. This is the first time we've ever had a situation like this.
It's happening more and more in Miami date county, so we better get used to it. Um, but I will uh even though I I have adjudicated the property guilty, uh, I will not be immediately imposing fines
until uh, I hear from the continuum folks on November 5th. They're the ones that need to be cited, and I don't want some low-level employee coming up and giving me a lot of nonsense. I'd like to
hear uh from one of the um one one of the owners don't need to hear from Bruce Iikner. I can hear, you know, the daughter or somebody an officer director can show up
and and and explain to me what they plan to do to keep the property safe because any any order that I enter today uh against the condo association will be a worthless piece of paper come October the 30th. So, I really need to hear from
the continuum um on November 5th. Uh, does that make sense? Or any questions from the building official, the clerk, anybody else uh that may want to
uh Miss Koslowski? Uh what what um what do you all think? I I think this makes a lot of sense and I just want to say we are in close communication um with Continuum and their general counsel um David Fishman.
I suspect he is going to be the one maybe with someone else from continuum who would come back on November 5th, but I'll make sure to relay all of this information. Uh the only other piece of course is you know you've ordered that
within 48 hours we provide that safe. My my order will require uh providing the building official with any documents that she requires
to make sure that everything is safe and I am in no way nor can I interfere with her duties under the Florida building code. So, if she decides tomorrow morning to red tag the
building, you know, there's nothing I can do about that. If she decides uh, you know, to make the balconies inaccessible or to have a temporary fix just to make
sure that concrete doesn't fall on people's head, that's within the discretion of the building official. Thank you very much, your honor. And and now that we she's going to be submitting that letter, we're going to have to request from the professional engineer
who issuing the letter to ask something regarding the balcony and the safety of the balcony and making the balcony not accessible. So, we can ask for advice and and uh you know, I I I often I often don't I question
um why why these 40-year reertification cases come before the special magistrate. I'm I'm happy to hear him, but I can't I can't do anything that intrudes on the building officials authority. So, she can overrule me on on
a lot of these things, but I what I want to do is make sure that the continuum understands what happens after October um October 30th. Hopefully, you'll have a closing. Um, if the closing is delayed for what
whatever reason, I uh, Miss Klowski, I'd like you to um, advise the city if if there's a delay and then we can deal with it. You I've never I've never seen a closing that takes place exactly on the same day as planned. But hopefully
here it will it will happen. We regular communication. Uh we appreciate the city working with us and um we'll move this forward as expeditiously as possible. Thank you. Yeah. Uh so um congratulations uh on on
uh successfully uh getting 46 or 47 residents to agree on anything. Right. But uh and congratulations on the sale. Uh I think the project from what I understand will be first class. I think
the city should be excited uh that uh there's, you know, going to be a nice property there uh paying taxes. Uh there may be one or two unhappy residents living next door that may question, you know, the hype. By the
way, from what I read, you actually are building within the uh envelope, right? your your building your building is below the uh height that was awarded in the uh amendment to the to the uh the tax amendment. Right.
Correct. And and it's res um create uh resolving a lot of flooding issues, resiliency issues. It really is, I think, a step forward for the city. Yeah. And and also I noticed I I noticed uh a lot of public benefits associated
with with the with the project. Yeah. Okay. I'm glad uh I'm glad we are uh able to help you and uh let's um hope that um the continuum moves along quickly. They have to file plans. They have to do the demolition and
and uh it's a it's at least a two-year project. So, let's let's uh let's make sure that it moves along. Thank you, your honor. Okay, let's hear let's thank you. Thank you everybody. Thank you, building official. Thank you, city attorney. City
attorney, of course, is is encouraged to work with the uh building official. Make sure that everything is complied with. If the city wants to make a site deal, uh that's perfectly okay. you may need to bring it to the city commission
uh at some point, but uh from my my perspective uh as long as there is no life safety issue and it's still under the authority of the building official, I'm comfortable. But by but you know by the way
they they they uh the condo association has been found guilty uh you know because they have not complied with the law and on I'm I'm not allowed to ignore uh the county code and the city code. So there there is guilt
but as of this moment uh as of this moment there are no fines. We'll see what what's happening on October the 5th, but as of this moment, there are no fines. Okay. Thank you again. Bye. Next case.
Thank you, magistrate. The next case is going to be case number 19. My apologies. Let me share Did you say 19? Yes, sir. Case is number 19. Jonathan Bloom. By the way, I'm seeing the agenda in
front of me. Yep. You want me to take it out? Yeah, take it out so I can see people and hear people better. Uh when when we uh get to the case, then you can uh you can open the uh that particular case only, not not the whole agenda.
Okay. So uh you say uh number 19. Case number 19 uh Jonathan Bloom C re 2023 00000028. Uh this case was found guilty by magistrou
uh must abate by June 16, 2025. A fine was set at $250 plus 100 cost assessment. We have um Inspector Gabriel Morales is the inspector for that case. And we also have the CD arborist
online, Miss Marissa Marcino. All right, let me hear uh let me hear from uh Gabrielle Morales. Uh good morning, uh Inspector Morales for the city of North Miami. Uh I inherited this case from a previous
inspector, Janaro Marillo. Uh this case was issued back in April of 2023. This is for a tree removal uh at the property 728 Northeast 123rd Street. Uh it was as mentioned uh it was found guilty by Magistry Kazoo uh May of
2025. Um per uh my final inspection on September of 2025 um the case is still in violation. no compliance has been met and um notice
was posted at the property for 2023 but that's that's all they did. They didn't proceed uh further which uh means what that they were required to they was see issued a permit and the
permit was never closed. It's just still pending there as applied. So it wasn't approved. It was not approved. So they knock down the trees without a permit. Correct. So what happens now? Do they have to put
another tree or do they get fined or what what what remedies do I have when when something has already happened? What am I supposed to do? So the previous arborist um gave Mr. Bloom three options. uh to either plant
trees on site uh one native at a minimum 10 feet two or two trees um minimum height six to eight feet tall or pay $600 into the city's tree mitigation fund um and that was back in June 2023
and he hasn't done any um he hasn't fulfilled any of those options and um so still an outstanding open permit so If the property owner does any of these things, then he would
come into compliance. Correct. All right. Is the property owner present? No. No, sir. Okay. The property owner is not present. Okay. All right.
based on the unrebuted testimony of the city's code uh compliance inspector Morales uh and the photographs and the evidence I've uh I've um looked at
uh and having heard from the arborist uh I conclude that the property has been out of compliance. since the compliance date of June 16, 2025 uh which set the fine at uh $250
plus a cost assessment by uh by the by my other magistrate Kazoo. So based on all of that I u ratify the fines acrew to date
and um assess cost in favor of the city. The fines shall continue to run on a daily basis until there is compliance. So, um the property owner must pay um the 250
as of June 16, 2025 and going forward also $250 a day until um until there's compliance.
At this point, um the property owner is directed to uh discuss with the city potential mitigation as discussed
and the city certainly is uh within its discretion may modify the fine but uh that's up to the discretion of the city. So, is that
what you're seeking? Um, magistrate, at this stage, um, he's been giving us different reasons why he can't move forward. Some, I think initially with Allison, he was, uh, discussing that he still has a site plan
in process for the, you know, new house or addition and he can't plant trees. And that went on for a while. And um I think he's given additional reasons recently to staff, not to me, but to
other staff why he can't follow through with mitigation. So, um I just don't know if working with him is it's been working for us. So, I think maybe just the having him pay into the tree mitigation fund instead of trying
to have him plant trees on site would probably be an easier route to go because he's just not working with us in communicating. I'll I'll tell you I'll tell you what to do. You stop any further negotiations.
You stop listening to any excuses. The fines that I have imposed will be the subject of a lean on the property. So, whatever the amount is that has
acrewed to date plus a daily fine of $250 will be part of a lean and that lean will be filed by the city attorney's office or the clerk or whoever does the lean work or the finance department. file
file the lean and I bet you that you'll hear from him at some point before he can get a building permit. He's going to have to pay for the lean. And it may be that the lean is $50,000 by the time that you
hear from him, but that's the hammer that he can't do anything with that property. He can't even get a loan. He can't build anything with that lean on it. So, lean him. That's what uh the statute gives you the right to do on on
all the violations on all the fines that have have accured now that I've ratified the fine. Lean the property and you don't have to keep talk. He'll come to you. You won't have to go to him. Okay. Sounds good. Thank you.
Okay. All right. Next case. Next case is case number 33 and 34. Okay. Any Mr. Robert Waxman? Sir, I keep sending you um to be promoted. If you can please
accept it. Um would you like me to read both cases, sir? Please. Case number 33, Ricardo and Lewis Costa, CEBPR 202500265. This case was found guilty by magistrou
was abaid by September 15, 2025. Fine set at 250 plus $100 cost assessment number 34. Uh, Ricardo and Luis Costa Cis 2025 00226
found guilty by magistr must abate by September 15, 2025. Fine set at $250 plus $100 cost assessment. The officer for both cases is Mr. Jonathan Le. Okay. Anybody uh present? Have you read
both cases? I did. I did uh 33 and 34. I do have uh Mr. Robert Waxman. I'm not sure if he's on. We cannot see you, sir. We have to see you. Okay, let me Can you hear me?
We can hear you. We cannot see you. Okay, let me start video. Let's see. All right, we see you. Okay. Uh if if if we may. Mr. Waxman, are you the
owner of the property? No, I am not. Uh I am a very interested party. I'm the next door neighbor. Uh and yeah. Well, I'm sure with the the volume of cases the magistrate hears, he
may have forgotten, but uh we we had we had hearings back in uh 2023 in March of 2023 uh involving the same property owner and I was also an interested party at that time. Uh
you know, I I want to stress that. Go ahead. You want to stop me? Yeah. No, no, no. The the reason the reason we have to stop you uh momentarily is number one, I want to make sure whether or not the property owner is
present because he's got he's got a due process right to be heard and number two uh any witnesses that may or may testify will need to be sworn in. So, uh and and and I I have not I have
not I still need to make a finding that you have standing to testify. I I probably will allow you some time, but I want to I want to learn a little bit more about the case because I was not the prior special magistrate. You
may have you may have appeared and you may have testified in a case where I had nothing to do with it. It just so happens that it landed on my desk and uh it was heard by a different special magistrate. So, I want to hear first of
all, I want to hear from uh the officer to to brief me on what the case is about and then uh we'll figure out from there. First of all, is the owner here? Is the owner present? No, he's not.
Owner is not present. Owner did not follow the uh the the order from uh the prior magistrate. Okay, let me hear from the u the inspector. uh put everything you need on the record and then um we'll we'll figure out what to do next.
Yes, sir. Good morning everyone. Uh neighborhood service inspector Jonathan Lamestri and this case is being heard for the second time. Um let me start from the beginning um with this case. On June 26, 2025, I opened a notice of violation in regards to case number 33
um for a generator uh being installed on the property without a building permit on file. I post the notice of violation and I also mailed the notice of violation to the property owner via property appraiser. Um the property owner has failed to comply um by removing the generator or applying for a
permit to have the generator on the property. Um the violation did go in front of Magistrate Kazu and they had to abate by September 15. The fine was set at $250 plus $100 cost assessment. Um,
so they had an order to comply and as of September 14th, 2025, which was the final reinspection date, uh, the property owner failed to apply or obtain a permit for the generator on the property or remove the generator from the property. Okay. Uh, there are two cases.
Yes. Uh, the first one is for doing electrical work on the generator, correct? Um, so they installed the generator on the property and they did electrical work. Um, Madame Clerk, if you could put the photos of the
generator. Um, I've seen them. I've seen Oh, you've seen them. Okay. Yeah. Yeah. So, uh, they did electrical work with the generator um, without a permit on file. Um, we spoke I I did my uh spoke to the building official and to
the building department and yes, they are required to uh have a permit to have the generator on the property. Um, and yes, they they did that without a permit. Correct. Okay. And the second violation is for what? So the difference between the first
violation and the second violation. So for case number 33, they installed the per uh installed the generator without a permanent file. And for case number 34, uh the generator is stored on a trailer in their driveway um without
city approval. Um so they need to get city approval to have a generator stored on their driveway, let alone on a storage trailer um on the driveway. They they don't it's not allowed. Okay. So the first the first violation is the
permit issue which falls under section 532. Correct. Second generation is more of a land development regulation violation under 29-5-107. Correct? Yes, sir. That's why, you know, because they look similar. I didn't understand why we
needed two violations of the same thing. Now I understand. Okay. So, uh, since the property owner is here, I'm going to basically ratify the fines and keep the fines running.
And I don't know what more. Uh, Mr. Mr. Waxman, do you still want to say something? Yeah, I I do because May I Yes, he has to be sworn. Yeah. Okay. Thank you. Sarah, if you can please raise your right hand.
Thank you. Do you solemnly swear or affirm the testimony you're about to give in this proceeding shall be the truth, the whole truth, and nothing but the truth? So, help you God. Please say I do. I do. Go right ahead. tell me what's on your mind.
Okay. Uh I want to stress first of all my only concern in this matter is safety which you haven't heard a word about uh up to this point. Uh that there's something that's being overlooked and
you need to take a look at I think it's page page nine. I had sent a picture. I had submitted a picture um you know through the appropriate uh channel. Uh this all actually started about two and
a half years ago. Crystal Patterson, uh, who is the head of code enforcement, uh, which is now called neighborhood services, came to the street to see firsthand a code violation that was going to be heard by you in March of
2023. Okay, that's why I thought maybe, you know, in you might have some recollection that there was a hedge issue at the time. uh and you know, you ultimately decided that uh the hedge had to go and the city ultimately sent out a
contractor uh to take care of that. That's not the problem. Uh that's not what we're here for right now. But when Crystal Patterson came to the street, she came back then to try to mediate, try to discuss with the uh the property
owner uh who happened not to be there, but she saw she saw the uh the generator. And she asked me, "How long has that been there?" And I said, "Oh, roughly 10 years. It's been there a long time." Uh and she left the city, I
think, two weeks later. So, you know, I suppose whatever note she took, uh, whatever she had pending, you know, may have fallen through the cracks, uh, you know, in the in the interim, you know. So, I followed up earlier this year to find out what what was going on with
this. Uh, my understanding is from your prior decision, there was a lean, you know, that was that was put on the property. Uh I I think I think that lean
which has been ignored uh is at least at a quarter million dollars right now. You know, somebody from the city would have to verify that. Uh so leans don't work here. What is my concern? You have a box. You have an
electric box that is touching a hedge, a legal hedge that goes from the sidewalk all the way to the back of the property, which you know happens to be on a canal. Okay. If that hedge catches fire because
there's a bad connection, I've got three bedrooms on my property that are very close to that hedge. That's my concern. We have a safety concern here. If there's a fire, you know, I've asked the city attorney, does
the city have any liability here? You know, let's not get let's not get that far. Okay, that's fine. I But I want you to understand, I'm not concerned with aesthetics. I'm not concerned with code numbers, things like that. That's that's
inside baseball stuff. I am solely concerned with the fact that there is a box that's you can see from the pictures it's right up against the hedge. All right, you've made you've made your point. You've made your point.
First of all, that matter as as much of a safety hazard as it might be is not before me. So, I can't rule on something that is not before me
because the property not the the property hasn't been cited. The owner hasn't been cited for that. Who takes care of that? I'll I'll get to it. Okay. I'm sorry. I'm sorry for interrupting. I I I also I I also take issue with the
fact that leans are, you know, don't don't do anything. Well, number one, you can't you're you're in default of of your mortgage. Number two, you can't get a loan or or number three, you can't sell your
property and it acrus enough money that it may even be, you know, it may be worthwhile for the city attorney to file a foreclosure. And I have done it as city attorney. I've I've foreclosed on leans. So, so to you know,
if if it's if the lean is if the property is is worth enough, if there's enough equity in the property, the city might want to own the house and give it and and and give the the house to the code department for for their employees,
whatever, or sell it. Nonetheless, I'm going to rule I'm going to rule on the violation, the violations that are in front of me right now, and I'm going to ask that the building official or uh her representative
immediately go out there and do an inspection for any kind of a life safety electrical related issue. Number one. Number two, uh if the city deems it appropriate,
then u if if uh if it if it does become a life safety issue, the city has within its powers the right to go into the property and remove remove the the uh generator
uh at the cost to the to the owner. There there ways of doing that. I'm I'm not the city attorney, so I can't, you know, decide what what is best for the city, but there are options and alternatives available to avoid
u any potential hazard to you or or anyone else. That's all I'm looking for. Okay, that's all I'm looking for. Official would like to speak if you madam building official. Um please uh let us know uh what I see you you raised
your hand. Uh what are your thoughts? Yes sir. Uh we already did this uh uh visit to the site. However, we were not allowed access to actually verify if that installation of the box is improper
is complying with the code or even the national uh uh uh electric code. We could not access the property. Picture provided by other people. We're not going to be able to take it. It has to be us taking the picture sir. So we did
multiple visit and we cannot get access to look at it closely. There is a gate. It's a gated property. If if what you're talking about is you actually have to physically
walk onto the property. Yes. How do you get the authority to do that then? I mean the owner has to grant us access. Yeah. But then there's a catch 22 here. I mean, if he says no because he doesn't
he doesn't want that he's got a if if he thinks he's got a problem here, how do we get compliance? All right. All right. I don't I don't want to give the city advice, Mr. Waxman. And I don't want you to feel like the city is ignoring you. I do.
Okay. I don't Here's here's what I Here's what I recommend. uh to the city. Uh there are ways uh through code enforcement and through
the legal process to get a subpoena to have access to the property and do whatever inspection in the public interest is necessary to avoid what I would call a public nuisance. There are ways, okay? You just have to be a little
bit creative sometimes. And so I would I would urge that the city attorney and the building official and the head of code get together and figure out what the best avenue is to go in there and have an inspection, a lawful inspection, which would be by
way of a of a subpoena uh from a court if necessary. Well, it has to be from a court. Uh, I'm not sure that the code gives me the authority to uh issue a subpoena, but maybe the city attorney can look at
chapter 162 and see if I have subpoena powers. I don't think so, but I I do, but not in in in this issue. But in any event, uh we the city is committed to looking at it and I um I I think that uh
by filing a lean, we're going to get the owner's attention. And as far as your your uh property is concerned, Mr. Waxman, um you also have the authority and the right talk to an attorney and uh figure
out whether a nuisance lawsuit against the property owner next door to you uh whether that constitutes a nuisance under Florida law. And then the court can abate that nuisance by
requiring the property owner to do things. So you have rights too. You don't you know you you never want to solely rely on what you know what what the city what the city can or cannot do. You as a property owner and a budding property owner who is affected by the by
the property next door. You have you have rights also. So I would talk to an attorney also. You know it's it's not just a city. There's some other things you can do if if you know if you feel that there is a violation of your rights.
Okay. Okay. I I've represented I've represented people in similar situations and I have filed I have filed nuisance lawsuits against abing property owners that have done things like violate the
code and what have you. All right. Uh I'm what I'm going to do is ask do both cases uh mentioned uh 33 and 34 together uh based on the testimony of the city's code enforcement officer, the photographs and the evidence presented
uh reflecting that the property has been out of compliance uh since the um compliance date the abatement date of September 15. I uh find in favor of the city. I ratify the fines acred to date
in the amount of $250. As says cost in favor of the city. The fines shall continue to run on a daily basis until there's compliance. And I also authorize the city to go ahead and file leans uh against the property owner. Thank you.
Okay, Mr. Waxman, I I try to help you because I've been in both sides and I' I think I know this area pretty well. I I I I think that between the city and maybe a letter from your lawyer may maybe that maybe the matter could be
addressed. I hope you're right, but I will also tell you this property owner uh has a a history and a record and it involves you uh of ignoring any and all communication. I think anybody who's
ever tried to communicate with him u has had absolutely no success. Nothing gets his attention. That's part of my frustration. Okay. Well, if uh if Alen doesn't do it, a lawsuit
either by the city or by you probably will get his attention. Anyway, let's move on because we've got a long agenda and I have to finish this meeting by 2:00. So, we got to we got to rush. All righty. So, uh we're going to call
next case number 44. Timothy and Anani Anania D C E F A C204004 and I have Miss Jennifer. Okay, there they are. Good morning. if
you could please. Um, the officer for this uh sorry case is Miss Shana Sanders. Miss Sanders. All right. Um, the property owner is present. That's There are there Jennifer? Yeah. What? What? What? How do you
pronounce your last name? Say it again. Niad. Aniadis. Anyadis. Okay. Would you like me to swear them in or you swear them in right now? Okay. If you could please rise. Thank
you. Uh do you solemnly swear or affirm the testimony you're about to give in this proceedings shall be the truth, the whole truth, and nothing but the truth. So help you God. Please say I do. I do. I do. Thank you. You mind if I call you Timothy?
Timothy is fine. And and Jennifer, I think it's a lot easier. It's true. Okay. Um, you know why you're here? Yes. And we're surprised actually. Yes.
Okay. Uh, apparently there's some water leaking and uh sewage backup uh in units 47 and 48. I I assume that this is a multif family property. Yeah, this is part of a condominium. Uh
they are it's a twostory condominium. Basically we're on the second floor and 47 is on the first floor. Uh the pipe in question is a common pipe that runs through the the walls and under the
apartment of number 47. So my my unit's bathroom and number 47's unit bathroom connects to that pipe. Uh that particular pipe is a pipe that is responsibility of the HOA to fix it.
They determined that it was dis damaged. Uh they got a permit to um to repair it. That was two years ago. Uh because of that obviously my apartment could not be used. So my tenant had to move out two
years ago, year and a half ago. Um, and the owner of number 47, uh, because she was in a litigation with the HOA would not allow them to go in there and, you know, do any type of repair.
Uh, they have they filed an injunction. The HOA filed an injunction. Finally, the injunction came through. At the same time, the case was dismissed back in August of this year. So now they're
finally able to work on that pipe. I do have pictures. I tried to upload them because they started yesterday to work on it, but obviously it was too late for me to upload them. So at the at the end I'm not my apartment is being fined for
a uh for a uh a something that is not even not only my responsibility I can't do anything about it. It's not I'm getting affected but not I'm not able to do anything about it.
All right let me let me let me understand the basic facts. Do you own 47? No, sir. Okay. You own 48? Yes, sir. And the the leaking the the leaking is coming from
from the floor of number 47. From 47 on the floor every time I use or she uses her bathroom. That used to that's when the the leaking came. Okay. So the the leak the leak starts in
47 on the floor on 47 under her uh under her uh toilet. And you're underneath 47. I'm on top of 47. You're on top of 40. You're in 48. So you're a floor higher. Exactly.
So how does a leak from 47 go up to 48? It does not. I have no idea why the the there is a violation on my apartment when I the only contribution I had to it if I used the toilet then it affected
number 47 underneath but I I have it has I have nothing to do with that pipe itself. All right. So, for some reason when you use the the the toilet, the pipe leaks
from 48 to 47 below you. I'm not sure if you can see a picture to to make it maybe clear. I do have a picture here on my phone. No, no, just just answer just answer the question. When when when you flush the toilet, the water from your apartment,
from your toilet, flushes down from 48 to 47. It it it flashes from 47 to the main pipe of of the two unit. Those two units share one main pipe in the walls.
In the walls. Yeah, I understand the issue with the condominium. I'll get to that in a minute. But how does the water flow? Does it flow from 47 to 48 or 48 to 47? 8 to 47. What?
48 to 47. Okay. So, if it flows from 48 and you're the owner of 48, why are you saying that it's the fault of 47? Because it doesn't go. It doesn't.
Basically, my pipe is connected to the wall, the common wall of the building that flows down underneath number 47. And the water comes out from the floor up into 47's bathroom.
It doesn't come from the top. It comes from underneath because the pipe the pipe under the main pipe that goes under number 47 all the way out it it was plugged and it was uh it needs
to be completely replaced and that's okay. All right. I I understand I I understand the situation. Okay. So, Inspector Sanders, there are three parties here.
Uh you got the condo association that that owns the common elements including pipes. There is the property owner at in 47 um who may or may not have plumbing issues
and we don't know whether it's this pipe or some other pipe. And then you have these folks who are in 48. Um do we have the right parties here? Shannon, city of North can't hear you. Miss Miss Sanders, we can't hear you.
Shannon Sanders, city of North Mico compliance um officer. Um I have all parties here involved um regarding this matter. I cited 48 and 47 regarding this matter. Um 47 initially gave me a call
when this um violation was originally opened. I believe in 2023. Um they were having issues about plumbing. Um we were trying to work with them. Their lawyer contacted me. Um latter part of 2023 um violation
um still occurred. Um we went out there in 2024 and decided to open up some violations. So to answer your questions, all parties were cited and are involved. um because we don't know where both of them are saying that the being both
being 47 and 48 are saying that the plumbing and piping are coming from each other's buildings. Um I asked at that time for them to provide the city with um a plumbing report possibly call a plumber to see where the piping is
actually coming from that has not been submitted to the city during the time of my request. um more damage started happening. There ended up being a plumbing or pipe explosion that happened um that then you
know forced the hand of us opening up even additional violations but all parties were cited the condo 47 and 48. Okay. These folks before us today they
own 48 number 48. Yes, you're citing them for violations in 47. How does that make sense? I cited them for violations in 48. At that time, they had a tenant um we spoke um and she did at that time um state
that she had plumbing situations. The plumbing was backing up. Um and again, at that time, that's when I requested the report. So, I cited 48 because the tenant at that time said she was having plumbing by um plumbing plumbing problems. Are they Was the tenant a
tenant of uh of these property owners? Um I believe so. She I mean she the woman identified herself as a tenant. So Timothy and Jennifer did you also own 47?
No. No. And my my tenant maybe she misunderstood the plumbing issues that my tenant had that she could not use the toilet and her shower because the water was backing out of the floor of number 47 had nothing to do
with our apartment itself. All right. So your your apartment 48 you had it rented out. This this was not your home. It used to be but not now. Yes. Okay. So, you had it rented out? Yes, sir.
And because of these plumbing issues, that tenant vacated the property a year and a half now. Okay. So, now is it empty? It's empty and unusable. Okay.
All right. Uh I I cannot uh Inspector Sanders, I'm not an engineer. and met a plumber and we don't have um all the parties in front of us. We don't have an expert report. Has the building official been out there?
Um at the building official at that time, I don't know if she's been out there recently, but the building official at that time came out there because again there was a big explosion. It was myself, the building official, the fire department, all parties were involved.
So I I I see building department is there. Um again maybe they can say if they've been there recently but at that time we were. Okay. I don't know at this point who's to blame and who's required to fix it. My
understanding of condo law is that issues inside a wall such as piping, air conditioning, plumbing, sewage, those are issues that are typically the responsibility of the condominium association. I don't know. I' I've heard
this type of situation before where pipes get clogged and then the water goes up instead of down. Um, to me it looks like the responsible party may be the condo association. Is this a relatively new
building or is it an old building? It's a building 57, sir. Okay. Have they had have they had their 40-year reertification? Uh, yes, they did. And uh, if I can say
something, the work just started. It was delayed because of the apartment owner of number 47 would not allow the condominium contractor to go in there and repair the
issue. This was resolved as of two weeks ago. So now as we speak they're working in because I was there yesterday. They're working and they're actually gave us a a two to three week window
before they complete the repair because the repair is very sus, you know, you know, almost 20 ft of pipe that needs to be uh they dug up the uh the floor right now and they need to re connect the pipe
and then call the city for a for a reinspection. So, has a building permit been filed? Yes sir. The there is a building permit. Miss Sanders knows that. And also there is an extension. They had to have filed for an extension because it expired in
May. So they got extension now and they already they've been working on it. Who's who's applying for the building permit? The the association. Okay. And do they have a plumber to do the work? They have a actually a general
contractor. Yeah. They they have no pro the associations have no problems getting in there and doing the work. They the condo the condo docks allow them to do that whether the owner of the condo wants it or not. They have the right to do that.
There was there was an attorney involved that u let's put it this way for the last year and a half. It's been a frustrating issue between our the association, myself and my wife and the owner of 47 because her lawyer would not
allow our uh the association to enter her apartment. Wow. So that's resolved now. So all I guess for the next the next two or three weeks the apartment will be the
issue will be resolved. Magistrate, I I want to jump in and ask you a question. I see building department is holding up their hand. I was looking at the history of the um property. I don't see a current um 40-year um building certification
um that you asked about. So, I I would say no, they don't have a current one, but I'll let the building offic um building department answer that um as well. In addition to you ask who's pulling the permit for the work that's done. I'm showing 47 actually obtained,
applied for and obtained the permit for um the work that's being done um um in in the units. The owner of 47 applied um I'm showing here in the system. Yes,
the building um the permit was applied for in 2024 for an emergency sewer repair and it was by um unit 47. They have cases on the docket too as well. So, we'll probably hear their testimony. She texted and said she she's on um that
she's registered in, but yes, she obtained the permit. Now, I don't know if you know what um if they made an agreement and the condo was doing it through her, but it's actually she obtained it, her and her lawyer. Well, what I'm going to do is I'm going to table this case because I don't have
enough information to to find these property owners either guilty or not guilty. I'm not making a decision on guilt. I'm just saying that this case at this point is not ready because I don't know nor is there sufficient evidence
that the problem is with you Jennifer and Timothy. It it could be your it could be that that you did something or you know that it's within your control or ownership. It may be that the pipe is something that you have control
over. I I don't I I don't have the condo docs. I don't know what, you know, what the lawyers are saying. I don't know what the condo is saying or unit 47, especially if they file a permit. I'd like I'd like uh the city I'd like
Inspector Sanders to uh bring everybody in. That's the condo association, unit 47 and unit 48 at uh at my next meeting. and let's get to the bottom of it. And
I'd like some testimony from the city that can tell me what the source of the problem is and who owns or controls that property. If that pipe, if that pipe that we're talking about is within the common elements of the association,
then the association is guilty. If the pipe is within the uh property of 47, 47 is guilty. If it's for if it's 48, 48 is guilty. uh and and and why the uh you know why why the uh the pipe uh is
defective or clogged I I don't I don't know. I mean it's you know it it it's impossible for me to make a decision based on the information that I have in front of me. So let's get everybody before me. Hopefully by then they'll
have the pipe fixed. Yes. And it may be that there's an insurance company involved too because homeowners associations cover these kinds of damages. So, uh, it may be that the owner of 47 filed a claim with the insurance company
and it's being done through the insurance company. I I I don't have any idea what's going on. So, we'll table this until uh my next uh hearing on November the 5th. Is that my next my next
December? You got me confused there. I'm like, "No, it'll be December." Okay. Because you gave you gave me the uh you know the abatement dates and I thought that was the uh No, those are the abatement dates, but but your your next hearing will be December. Okay. So, uh
December 3rd. So, let's let's rehear it in December and by then hopefully it'll be fixed. Now, if if it becomes a a a condition where you could have an explosion or a fire or whatever,
um the building official can go in there and red tag as many units as are necessary to keep the public safe. And I think all the owners and the condo and everybody has the similar interest in getting this thing fixed. And it's probably not just happening in these
units. is probably happening in other units as well, being that it's an old building, which brings me back to the 40-year reertification. If they don't have a 40-year reertification, then maybe it's time to sight them for that and let, you know, let let their
inspectors figure out what the problems are. Uh, Miss Sanders, do you agree that if they're not in compliance with the 40-year reertification that they should be cited for that? Um, I see the building department is raising their hand. I'll let them answer that. Yes, please.
Miss Presley. Pressie. Miss Presley. Go ahead. While she's sorry. Um, that property actually is in compliance with the re resertification. The next one is due. It's in 27 2027. Okay.
Um, I'm just picking back off for Miss Sanders. The application that was filed for was only filed for unit number 47. and that application is now expired. They will have to um try to renew that permit or apply for uh a new one because
after um 6 months the permit becomes abandoned. So um either 47 going to try to try to renew that permit and it's up to the building official or they have to just um apply for another another permit. So when you bring this case back to me,
site unit 47 for an expired permit violation. Um we had a conversation yesterday with and and and their understanding that a per the permit needs to be renewed um before any work should be done. If not done before the day is out, I'll I will
cite them accordingly. Yeah. if they if they haven't at least filed something within the next 10 days, then cite them for um expired permit and let's see what happens uh when it comes before me.
I I can and if we can magistrate, I'm going to ask um and in Miss Alvarez if you would agree as well. Um, seeing that we have um this case before us, can we go ahead and call 22 and 23 right behind
it so that we can get maybe the same um adjudication um let's get the testimony of um 47 on I think we are already next. They're waiting for for us to finish with this. Okay. But thank you so much. Okay. As far as I'm concerned, this this
case needs to be tabled. So, bring it back with all the parties together, including the association. Make sure somebody from the association is present. Uh because if they're not present,
they're going to be cited. Okay. All right. Next, next case. Thank you. Uh next case is uh case number 22 and 23. Case number 22, Maria L. M Lure CEP PR
2024 000070. It was found guilty by magistrou by September 15, 2025. Fine set at $350 plus $100 cost assessment. Case number 23 Maria Lur
CBPR to 025 00288 and that case has not been uh found guilty before. The inspector for both cases is Miss Shana Sanders. And we you we do have an attorney, uh, Mr. Grant Barrows.
Good morning, sir. Thank you. All right. Uh, Mr. Bars, uh, you're an attorney representing the property owner. Yes. Yes, sir. Okay. Let me hear from the, uh, city first. Uh
again, uh this is a case that has been previously adjudicated guilty by another magistrate uh with an abatement date of September 15th and fi a fine side of $350. Uh the first case is uh about a sewer
drain. Uh Shana Sanders, please tell me what this is about. Um Shannon Sanders, city of North Miami um neighborhood service inspector. This case um just like the first one is about um for 2700 Northeast
7 for sewer lines, pipelines, um damage that was done into the property through through the pipes um that needs to be repaired. A permit was submitted to the city. I well I received a phone call from the city about an explosion that
happened. Um I myself the building official um at that time as well as the fire department went out inspected the property. We observed um what appeared to be an explosion um throughout the unit. Um they were cited
um and informed that permits need to be obtained. At that time they did apply for a permit. However, through the course of the past year, work has stopped. Um, a lawyer became involved. I understand there was litigation um
between the condo and the unit owners um as of my last reinspection. Permits have been applied for but has been expired. Um, which is the next case. Um, but I'll let the lawyer and the property owner explain what's going
on. and why is it taking so long um with fixing the per fixing the unit and with obtaining and securing the the necessary permits and getting them renewed. Okay, so this is the I guess I would call it for lack of a better term the uh
companion case to case number 44 which was unit 48. This is unit 47, correct? Yes. Okay. So, it's a question of, you know, pointing fingers. Everybody's pointing
fingers at everybody else. So, let's hear from the attorney representing the property owner that was found guilty and um let's let's let's hear from uh Mr. Bar.
Yes, sir. Yeah. Thank you, sir. Yeah. I I I I heard your questions uh at the prior uh on the prior case and I think maybe I can uh provide some clarity here. So first of all, Miss McClure, she's in a very difficult position here. Has a bit
of history. She has a 99-year lease on unit 47 of the Fairmont House. Last year pipes, the common pipes that service her unit, at least her unit and the unit above her, unit 48, started backing up. So the sewage would come back up, come into her unit, and it would come into
unit 48's unit. The Fairmont House investigated, determined that it was due to a failure of that common in an area located underneath Miss McCclure's unit, and they decided that in order to repair it,
they would trench through her flooring to get to that pipe rather than go outside the unit. uh they asked even though they are repairing common property for whatever reason they asked my client they uh uh present my client's
she's not a lawyer she's not sophisticated they just asked her to sign this permit and as a good neighbor she signed it but it was a permit to fix their property uh they she signed it on the condition though that they would give her a
detailed list of exactly what they planned on doing out there and for how long she wanted to know how long she was going to be out of her house and and what they were going to do about fixing up the trenching that they were the damages that were going to cause. They never did that. They they refused to give her any kind of guarantees. So, we
asked that they stop the work. Uh they did for a time, but now they're back at it. Uh and uh Miss McCclure has called the police on them. uh the police have refused to trespass them uh with the idea that the association isn't allowed to go in and
do the work that's necessary to common elements. Uh you acknowledge that that's more likely the case. Uh so we have a situation where the association is doing work on propert they're using my client's unit to do work on their on their common property and my clients
being assessed with the responsibility maintaining permits for their work. And I don't think I think if there's any permit issue, it's purely falls on the association should obtain the necessary permits for this work. Are you on top of that, are you in the
process, excuse me, are you in the process of litigating whose responsibility it is? Yes. And how what's the status of that that case? We're we're stayed at this pending. They've
we have to take further action. They're asking to to uh arbitrate the matter. Arbitrate or mediate? Arbitrate. Okay. So, your position is that it's not your
client's responsibility to maintain the the pipes and but that that in order for the association to get into the pipes, they have to go through your client's unit. I don't think that they have to go through my client's unit. probably the easiest way for them to do it, but
there's nothing that's preventing them from trenching from the side. That's done all the time to access utilities that aren't accessible straight down. You can access through the side. I presume that's more expensive for them to do that and they've chosen the least expensive route. That's through my clients here. But I can show you the
condo docks which clearly state the uh responsibility for maintaining uh the plumbing system and the common elements is the association. Uh, I'm, as I did with the other unit, I'm going to table this for my uh, next meeting. And I would
appreciate it if you would send over the pertinent condo documents. And by the way, I looked uh, at the file. I I saw no photos um, at all. So if the if there are any photos of of the condition
showing uh you know the area and where it is and what's being done about it that would be helpful. So um your your client was found guilty I guess um she didn't show up at the uh meeting of
August 6. You understand that? Yes, I understand that. Okay. Uh, I'm not going to ratify the fine yet. I'm going to I'm going to see ultimately who's responsible
and uh if the responsibility lies with your client, then I'm going to ratify those fines at that at that time. But I I'd like both the city and the condo and the two property owners to provide me
with uh either a memo uh condo docs, exhibits with your respective positions by my next hearing. I read everything. I have done plenty of condo law
litigation. I have sat on these kinds of disputes before um both as a um city attorney and as a also as a mediator by the way and uh a
um special magistrate. So I am very familiar with the issues but I need I need the information to be able to make an informed decision. So I'm going to like the uh unit 48 previously we're going to we're going to table 47 as well
and also uh I would like the uh city to site the condo association because in most cases these pipes belong to the association and anyone else that wants to come in
whether it's an insurance company or an adjuster or a a an engineer. We'll set aside, you know, maybe 15 20 minutes if we have to and we'll listen to all the facts and see who's to blame and find the and and and and find the responsible
party. So, let's not do it today. I'm not capable of, you know, giving you an answer today. It has to be done after all the testimony is in. So, uh Mr. Baris, you can have a nice day. I'll uh see you next time.
Okay. Thank you. All right, Miss Sanders. Um I need as much information as possible, including photos. Okay. Um whatever you can get. Anyway, uh Miss uh
Jennifer and and um the husband, please allow the um inspector to uh do whatever inspection and whatever photograph she needs to take, whatever she needs to do. Please allow her in. Uh talk to each
other uh and then uh we'll we'll talk again in in about a month or two. Can't hear you, but I hope I hope that uh you understood what I just said. Yes. Thank you.
Okay. And um in the meantime, um let's hope that they finally fix it. Okay, next case. Thank you, magistrate. Um, next case is case number 20,
uh, Jose Lewis Umbbert, uh, CEBPR 20240097. Inspector for this case is Miss Shana Sanders. And I do have an Andrea Cunningham joining us. Yes,
Miss Cunningham, are you the property owner? I am not the property owner. I'm the permit expediter. Uh in this link, the power of attorney is she's assigned here. I'll ask her to raise her hand
that way she can be added. We have the power of attorney recorded in Miami Day County. Um Miss Anna the Cardin is the owner. She's the power of attorney. Okay. So, let me miss the coordinates.
I'm going to go ahead and promote you as a panelist as well. Wait, wait. Let me make sure that I understand. Yeah, you're at this hearing. At this hearing, you you have a power of attorney who was given
to you by somebody else that has a power of attorney. So, I have I'm the permanent expediter for this property. I have Miss Anna Decardinas who has the power of attorney. She's in charge of the property at the moment due to the owner
is in Europe taking care of his mother. Uh she's very ill. Miss Anna is in the meeting. We've been here since 9:30, but she's waiting to sign in. She's already there. I would I would I would feel more
comfortable if Anna the Cardness Yes. as a power of attorney would would would testify as opposed to you who's the plan expediter. I may call you as a witness, but I want to hear from the person that has the power of attorney. Yes, sir.
And and and she needs to be sworn. Yeah, Miss Dordin, we need to see you. I I I can't see. How do I do that? Um where do I Oh, video. Uh uh please uh help.
Okay. Nope. How do I put the video on? Oh, start video. Start my video. Sorry, my first time. Miss the coordinates. Uh let's go ahead and uh sworn you in first. If you can
please raise your right hand. Do you solemnly swear or affirm that the testimony you're about to give in this proceeding shall be the truth, the whole truth, and nothing but the truth? So help you God, please say I do. I do.
Okay, let me hear from the officer. Shannon Sanders, neighborhood service inspector. This is a new case for two 2000 Northeast 131st Street, unit 606 for building without a permit. I
initially inspected this property June 3rd, I'm sorry, July 3rd of 2024, whereas I received the a call about a from the actual tenant at that time who brought to my attention that the
property owner converted the one-bedroom apartment to a two-bedroom. At the time I did the inspection, what I observed was a two-bedroom apartment. I sent notices out to the property owner um a few months later um made contact with me
I think through his sister or someone stating that um they needed more time. They were trying to um evict the tenant. They were debating whether there was a
conversion at all. Um at that time they did get into the unit after the tenant was evicted confirmed that there was permit I mean there was a conversion that was dead asked for me to again work with them. We gave them some more time
as of my last reinspection. I do see that they have um submitted they have submitted permit applications to the city um for the conversion. However, they've been denied. I've been in contact with I spoke to the gentleman
one time and I believe again his sister maybe twice. Um but again they have submitted permit applications that have been denied um for the conversion that was done inside the unit. Is this a condo building? Yes it is.
And uh about how many units are there? I can look really quick. Um, this is unit 606, correct? Yeah, that is correct. Okay.
Well, I can probably tell you that just guessing the reason it's property uh permit has been denied is because of land use issues. Apparently, this building was approved
with X number of onebedrooms, probably X number of two bedrooms. And by converting that one-bedroom unit into a two-bedroom unit, not only did they violate the con
apparently violated the condo docks, they also violated the CO and the uh land use permits. That's my guess. But um let me hear from the property from the uh from Anna the Cardinas with a power
of attorney. What happened here? Could I possibly ask you to speak to Andrea? She She's more technical than I am. Okay. And she's been helping me. Thank you. Andrea, tell me why a one unit
[Music] condominium building is allowed to turn the one unit into a two-unit. Uh, tell me why why that why is that allowed? They um she needs to be sworn
in. She has not been sworn in yet. Wait, wait. Time out. You need to be sworn. Thank you. Do you solemnly swear or affirm the testimony you are about to give on this proceeding shall be the truth, the whole truth, and nothing but the truth? So help you God. Please say I do.
I do. Thank you. Okay. What What happened here? Yes, Mr. Jose. So this is Please speak up. Can you hear me? Yes. Loud loud louder. So uh the reason the the property has not been turned
into a twobedroom is actually has been turned into a onebedroom with a den. We submitted plans mechanical plans making sure that the air conditioning space is adequate. We have also submitted the electrical plans with the modifications
and the architectural set that went for review. We just received a second uh cycle which electrical has approved, flood has approved, zoning has approved. The only pending um uh discipline we
have is building. We had an issue because the building officer, Mr. Carlos Fernandez, is who's reviewing our project. He said uh his last comment was to please call him. He's only there on Mondays. So we just spoke to him on the
28th. He posted these comments on the portal. We start working on it. Basically he wants to see the existing and the before of how the apartment was. Our consultants are working on that to submit and send it for review.
And that's where we stand on. Um everybody other disciplines are okay with the layout of the apartment. We just kind of have to see if we can get some extra time so we can send these plans for review, get it approved by
building, request our inspections, pass the inspections, do a code enforcement visit, and close the case. They own the picture the pictures that I saw show what looked like a bedroom and it had a bed on it.
Yes. So I think that the owners um I mean I'm sorry the tenants were trying were going to have a baby so they were trying to create an extra space. Uh but according to the mechanical and air conditioning it will be fine. It's just
that's why we're trying to do the permitting to do this new layout. Well, at some point it was being used as a two-bedroom. Uh so, uh what I'm going to do is I am going to
give you time. Thank you. I'm going to I'm going to issue uh an adjudication and I'm going to give you time to legalize it, change it, do whatever the building official or the building
department requires you to do. Uh so that it is not a two-bedroom uh unit, but rather a one-bedroom with a den, a real den, not a den with a with a with a bed. And uh you know I I'm
sure you know what I'm talking about. Um it should not be a sleeping area. It may you know it may have a couch with a TV so that people can it's like an entertainment room and so on but not a bedroom. But I'm going to give I'm going
to give you time to convince and and to do whatever you need to do to restore it to a onebedroom. So ba based on the uh testimony of the city's code compliance officer uh the photographs and the evidence
presented showing that the violation exists and that proper notice has been given. I find in favor and enter an adjudication and set a compliance day of 60 days that is December 3, 2025. 60
days uh for you to comply with this the the requirements of the city. In the event of non-compliance, there shall be a daily fine of $350 until the violation is abaded. All you got to do is just make make it a den and not a bedroom.
Yes, sir. Thank you. And you have until December the 3 in order to do it. Thank you, everyone. Thank you. After December the 3, you're going to start getting fines. Yes, sir. Okay. Next case.
Um, sorry about that. Case number 43. All right. We can we can take out Miss Anna the Cardinals. We don't need her. She's already 23. No, 43. 43.
Miss Rita Gallagher, if you could please accept. Okay, go ahead. Miss Rita, you're declining the invitation. Can you please accept the invitation? Okay,
then let's move on to case number 18. 18. Oh, wait. Miss Rita, she was accepted. My apologies. Yeah, let's let's do that. Miss Rita, are you I'm not sure what's
going on. All right. So, I'm sorry about that. Um, magistrate is uh we're going back to case number 43. 43. Yes, she shows it. Miss Rita, if if we can I I need to see you if you could.
Please unmute and We go. I can't hear you. Welcome. Uh, Miss Rita Gallagher. We also have Are you the property owner together with
your husband or I see another name here, Stephen Gers? We can hear you, ma'am. And I see an attorney, Kenneth Sher. Morning. I'm here for Mike Mano Manco. I
don't see him on the screen, though. Who which case is that, sir? It was number excuse me, number 43. All right. Who else is it that you need to I'm sorry. I I have Rita. Uh I have uh
Kenneth and who else is part of 43 years? There should be a a Michael Mano or a Michael Mano. Okay, let me allow him. Mr. Mano, I'm allowing you to um be a panelist if you can please accept it.
Thank you very much. Miss Freda, we can see you, but we cannot hear you. And Mr. Manuel, we cannot see you nor hear you. Mike, turn on your video and your audio. There's a little button that looks like
uh Larry King's microphone. You're dating yourself. Yeah. And who else? Uh my number 43 says Steven Gers. Yes. And for me,
I get I believe from what I read that he's a joint owner. Um yes, I believe um that the wife is is signing signing on. I I spoke to the I spoke to her as well as the contractor yesterday. I believe um and once they
get in, maybe they can confirm. I believe this was the case where the I think the husband has passed away. Okay. Somebody's going to have to explain to me what a mini split is cuz it sounds like a air condition. It's a small air
condition. Okay. Sounds like a banana flip. Yeah, it's a small AC unit. They're small, highly efficient air conditioners that are good for uh rooms and small apartments. Okay. All right. Let me uh see if
everybody's on now. Miss Gallagher, you're going to have to turn on your phone by clicking on the uh microphone. Yeah, we can still not hear you. We see you, but we can hear you, ma'am. Counselor, can you see me and hear me?
Yes, Mr. Mano, we can see you and hear you. Okay. Uh, I'm not here, Miss Rita. Um, well, I think you can deal with me. Uh,
Stephen Dur. Oh, wait, wait, wait, wait, wait, wait. Let's Let's keep some order here. Okay. Uh, let's have the uh the the inspector explain to me what this is all about,
why she cited the property owner. Uh, you know, the section of the code. I'm familiar with it. 532 is building without a permit. What What are we doing? What What is this about? There
there is no photo in the file. It be very helpful going forward if you have the ability to take a photograph of of something. I mean that to me a mini split I it had no legal significance. So if you if there would have been a photo
in the file it would have been helpful. Okay. Um Shannon Sanders um um neighborhood service department um inspector. I will make sure to include photos of a mini split um from this unit. was um with a short um okay
Shannon Sanders um neighborhood service inspector for um 270 Northeast 135 Street for unit 9. This is cases for a building without permit or installation of an AC unit without first obtaining the a permit. This violation was brought
to my attent to my attention through a complaint. Um, long story short, um, a resident came in, gave me a list of several units in the, um, in this condo, um, complex that did permits and did
work without first obtaining permits. I at that time gave courtesy notices, did not get responses from everyone, moved forward with opening up violations at the time of opening violation. Of course, now responses come in. They
stated that they would obtain the permit for which they applied for I believe at that time. However, the permit was not obtained. I I moved forward with failing it. Um I do believe at that time they went ahead and secured the permit. It
has now come and gone a year later. The permit has expired. The mini split has been installed and they still need to secure the permit. Okay. So, explain what the mini split is.
Um, it's a small AC unit. Um, is the best way I can explain it. Um, it's it's a air condition unit instead of being one second, Mr. Sherwood. Just let her let her answer. I'll I'll ask you plenty of questions later. It's it's a small AC unit. Um,
is it is it plugged in? Is it attached to uh plumbing? I mean, how does it um I wouldn't say I I won't I can't really confirm as to say it was instal if it's plugged in or not. I would let the building of the building department
in or the contractors um explain how it's installed. Um from what I see from the outside, all I see is a unit that's attached to the wall. Um how it's installed internally, I I I'm not comfortable with saying. Okay. So, has
the building official been asked or has the building official determined that as a matter of code that it needs a permit for for for the for the owner to be able to install it?
Um, it has been confirmed through the building department that a permit is required for installation of many splits. Okay. That's a determination made by the building official. I would say the building department. I I
don't want to say the building official, but I have contacted the building department um and have inquired is a permit needed for a mini split and I was directed. Yes. Okay. All right. That that's fair. All right. Who wants to talk first, Mr. Mano
or uh Mr. Sher? I'll give you a little background. A mini split is a modern version of what we used to see as the the window shakers, but it's a split system. You have one piece that's outside and one piece that's inside. So, it's it's
split, but they're more efficient and it's far less involved in a central air. Typically, they're used for a room or a small apartment. U I'll let Mike Manow describe for you the process that he went through for permitting and what caused the delay.
Okay. I I want to tell you upfront so that everybody knows I I I have no authority, no discretion to overrule the building official. So it's a good idea whether it's a good idea or a bad idea, whether it makes
sense or not. If the building department determines that a permit is necessary, you need a permit. We're not disputing that it required a permit. Okay? because I, you know, I I thought it was something like you plug into the wall and it, you know, it's got some uh
device that makes it uh cool, you know, cool the air of those devices. In about two or three years, it's going to be like a plugin. Okay. Uh Mr. Mano, tell me what the permanent needs to be sworn in. Mr. Michael Mano
needs to be sworn in. Uh yes. Okay. Mr. Michael Mano, you need to be sworn in. Thank you, sir. Um, do you sol from the testimony you're about to give in this proceeding? Shall be the truth, the whole truth, and nothing but the truth. To help you, God, please say
I do. I do. Thank you. Okay. So, what is the pro what is the uh uh problem with the permit? Well, it was applied for, it expired, it
needed to be uh reinstated. Where are we? Well, counselor, first of all, uh I beg your indulgence. I'm a little nervous. I never had to defend myself in this fashion. Uh I've done this is at the Fairmont
House. I've done several units in this building, all of them peritted. I have I have a I don't know if you can see this. What is it? This is a receipt from the
city of North Miami. I submitted paperwork 531 2024. I I spoke to Paul Raymond who's chief mechanical.
By the grace of God, he found the original paperwork and looked it over and he approved it. The only other hurdle I had to jump through was where's his card?
I had to get a flood officer to sign off on the because the building is right on Biscane Bay. It's in a flood zone. So that I I was a little dismayed to hear that you didn't get my picture, my
evidence. All right. So, let's go forward. What whatever happened happened? Uh what is your evidence? What does it show? It was a picture of a mini split. Okay. It was submitted after the fact. You had
till September 15. There's there there's a time deadline by which by which you have to submit. But he'll explain to you why he was laid up for about a year. Mike. Okay. let them know what happened to you not long after. By the way, by the way, are are you a
contractor? Yes, I'm the qualifier for Manco Air. Okay. Um, not long after submitting the paperwork, I contracted COVID, which knocked me out
for about I was to quarantine for about 10 days. Uh around November of 24, I started to lose feeling in my legs
after walking a short distance. I went to a surgeon and he said I had a severe case of scoliosis and stenosis, if you know what that is. I have done enough personal injury work
to know the difference. I I just don't All right. The the I don't see I don't see the relevance of it. You were ill. Well, I had I flew to Boston to have surgery because I was going to end up in a wheelchair. Okay. I I understand that you were very
ill. I know what scoliosis is and I I know that people that have had COVID have had horrible experiences. I I know all that. So, you're telling me you could not follow up on the original permit application because you as a
qualifier for the electrical for the air conditioning company, you could not you were involved. You could not do it. I was not I was not mobile. He was immobilized for about a year every Okay. So, so all right. I I understand
and I and I empathize with you. I know a lot of people in your situation. So, how much time do you need to get your permits? Um, I spoke to Gary Beswick, who is the
flood officer this morning. He said, I always thought I could email any additional addendum to the city of North Miami says, I can't do that. I have to bring it in. So
my wife can take a vacation day and drive me there tomorrow morning. And that's the only Where where are you? Where are you at now? South Pompo. Okay. I think my address is is in the file.
Okay. So in any event, how much time do you need to finalize the after the fact or restore the permit? How much time? I don't think two uh two weeks is plenty. If I can get 30, I'll be happy to give you more than two
weeks. I understand your situation. So, so you have basically you have to you have to reinstall uh reinstate the permit for the unit for the for the mini split. And it's a it's
a matter of timing. Is is 30 days okay or do you need more time? No, that's plenty. We have Miss Shanny Pressie would would like to say something. Okay. Does anybody else wants to speak? Miss Johnny Pressy. Shanny, we can see you or hear you.
Building official um the application that he submitted back in 20 um 2024, that permit application is considered abandoned. So he would need to make sure when he come back in the office um to submit a new application with all the
document the necessary documents that is needed cuz the application considered abandoned. So the application is no longer here in the in in the office. Okay. So he needs to start the process all over again and reapply for a new building permit. Correct. And how much time how much time does he
need in order for him to file all the paperwork for the for the city to process it and then do a final inspection if necessary. How much time do you think he needs? Oh, you asking for my opinion. It's up to you.
It's up to you. Um, your honor. Yeah, but in the normal course of events in the city, how long would it take him? How long 30 days or 60 days? He can All right. I'm gonna complete it. I'm gonna give him 60 days. If for whatever reason there's an
emergency or god forbid he gets sick again or if nobody can do it or he needs more time, will this is not a a life safety issue. Uh M. Sanders, may I ask you a question?
Yeah, sure. Why would uh Paul Raymond tell me that he would approve the original paperwork? Well, I can only you you you heard the building official. She she is the head
of that department. I'm sorry. Her testimony her testimony is that the under the building code the the building permit that you received in May of 24 has expired. Why has it expired? Because
I think that they're only good for a year. I I believe that's what the building code says, right? Uh Miss Presley, can we reopen that permit application? Can it be reopened or do we need to file all over again? And
needs to sub he needs to submit a new application. The reason being Yeah. The reason being after the it's no activity on the application, it considered abandoned and it's is considered abandoned because
it's past the um 180 days. Okay, that's what that's what I was getting at. This is not something that you know people just you know just say things to say things. There are code provisions and the building code says that after 180 days if you haven't done anything
with a building permit it's considered abandoned. Okay. Now, you know, is it a big deal to file a new building permit? I don't think so. Especially for something this simple. So, if you need 60 days, I'm
happy to give you 60 days. Whether you know whether you have to pay for another permit or not. We're not talking about a lot of money, are we? Uh, Miss Building Official, what what is the cost of a permit? A couple hundred bucks. The permit the permit was never obtained. So the application the permit
was never obtained. So after 3 months really the the it was no activities throughout the process once it was denied. Yes. So it so the application requires a fee with it. Correct. So once he come in with the
application as he stated the the reviewer the two reviewers will look at the application as long as he have the required documentation they will probably approve the um the permit and then he can be able to issue it to them to him and then he can call
for a final inspection. Right. Okay. But what's the cost? Um maybe like after the fact maybe like $400 because it's double fee plus 100. Okay. Can we wave the double fee? That's up to um the building official. Well, I that's why I'm asking you.
Um I'm I'm I'm the building officer. So, it's up to the building official. I can't um ask her about it. And um give me a second. Let me make sure. Well, you know, the the gentleman was deathly ill in a in a in a Boston hospital and I think that there is some
discretion on the part of the building department as to whether the double fee applies or not. I think that there's some discretion on that. Okay. Give me one one second. I'm going to find out right now. It was so bad in fact that yeah, he was on a roof and his foot gave out and he couldn't even get off the roof.
Uh um apparently what happened was that he filed an application but he never followed up on the permit. I I not Yes. Yes. The fee double fee will be waved. Okay. So I saved you some money and I
gave you some time. Now uh Mr. uh mono, if it's if you can't do it, then somebody in your company is going to have to help you. I can take care of it. Okay. So, you won't have to pay the double fee. I'm going to give you I'm
going to give you 60 days and then we see where where we are. Okay? It's not a big deal. Let's not make a big deal out of something that's not a life safety issue. Okay? So, what I'm going to do is I'm going to adjudicate
uh the the property owner guilty. Um and and just so that the property owner doesn't uh freak out, I'm not imposing a a penalty or a fine. Okay. Uh reader, is there a necessity for an adjudication?
Yes. Uh because uh I have no discretion. The the code was violated. the fee that that the the permit was was suspended. Uh and so I have no discretion as to that. My only discretion is I don't have
to impose a fine. I will not impose a fine. But there will be uh you can't withhold it. It will be an adjudication with uh with no fine, no penalty as long as you see I have to keep I have I have to keep
the case open to to ensure that the uh the work is done properly. So um based on the evidence presented um and proper notice having been given I find in favor of the city enter an adjudication and set a compliance date of 60 days is
December 3rd. Is that correct? Uh, madam 20 December. Yeah, December 3rd. Yes, sir. Yeah. And in the event of non-compliance, there will be a daily fine of $150
until the violation is abaded. Did you set a fee? I'm sorry, I couldn't hear you. $150 uh fine in the event that the violation is not abdated by December 3, 2025.
Now, you know, it's not the end of the world. If you know, you're a couple of days late. I'm sure that you're not going to be uh fine, but you know, just try to move as much as you can. If you if you if you should need an extension for whatever
reason, uh I will consider uh a brief extension if you need more time. But we got to get this permit done because I have no authority to overrule the building official on the requirement for a permit
for this particular contraption. Okay, that's I call it because I don't not familiar with it. I've never seen it. But anyway, good luck and I hope you feel better, sir. Thank you. You know, as Bill Clinton used to say, I I do feel your pain and I really mean it
sincerely. Um, you know, I I've seen a lot of horrible cases in my lifetime and you know, you you're sitting there and you're looking like uh you you you'd rather be somewhere else. I know. Okay. Thank you, sir. Let's move on.
Magistrate, can we please have a five minute break? I need to use the restroom. Yes. Normally, I do like to have some uh a recess, but I understand that the uh inspectors also want to finish so they
can do their job. I I usually do call for for that. Let me let me call let me call for a 15minute recess. Thank you. 15 minute recess. It's now uh approximately 12:05.
15 minutes. And I I really uh need to finish this meeting by 2:00. You think we'll be able to do it? I have 10 more attendees waiting on the waiting. Um and we have 46 cases.
We have we have only heard 10. No, we have 10 more attendees waiting to be heard their cases because usually once that we're done with the attendees, the the agenda will move on faster, but when we have an attendee, it's you know, it takes a little bit longer. I understand. I understand. And I'll try
to move a little quicker and let's make it a 10-minute recess instead. 10 minute. Okay. Let's let's uh let's do a 10-minute recess and then uh we'll continue and move along uh a little quicker. Okay. Perfect. Thank you, Majest.
Recording stopped. Recording in progress. Okay, we're back. We're back. You hear me? Yes, I can. Okay, we're ready for the next case.
Yes. Uh, next case is case number six. Case number six. Uh, Bonita Daruch, CE RCV 202300365, found guilty by Magdar Kasu. Must abate by July 18th, 2025. Fine set at $200
plus 100 uh cost assessment. The inspector for this case is Mr. Alex Bernardan. The property owner present. I just let Yes, we can hear you. Oh, there we are. Yeah.
Okay. Benita D Ro I am her husband. Okay. All right. Um I swear you in Yeah. I need to see your right hand, sir.
Okay. Let me put the camera. Who Who's Bonita? The one with the shirt. He's my wife. Okay. My name is D. I don't. Uh, so do you solemnly swear or affirm
the testimony you're about to give in this proceedings shall be the truth, the whole truth, and nothing but the truth? So, help me God. Please say I do. I do. Thank you. Okay. Uh, I'll I'll let the inspector briefly summarize the case.
Uh, I've already reviewed the file and I've looked at the pictures and uh, this is a case where there have from what I read there have been repeated violations of recreational
vehicles including a boat, other vehicles over the years and you've already been found guilty. So, is that pretty much it? Uh, inspector It is sir. Okay. Because I need the city to confirm
what I just said. Now, uh at this time, uh they're they're keeping a boat. Oh, no. Currently, um there's an RV that's been there dated back from 2023 that's still at the property. Okay. Uh it's a motor home. You according to your your notes.
Yes, sir. Okay. Uh, Bonita, um, I'm not very sympathetic when people violate the law, and I'm less sympathetic when you violate an
order from a special magistrate that told you clearly that in May of 25, May 7th, told you that you had to get rid of that mo motor home by July 18th. And here we
are, you know, in October and you you you still you still have that motor home there. I don't think that there's anything you can tell me short of you got rid of it last night that is gonna make me happy. But I'm
gonna give you a few minutes to tell me why I should not ratify the fine that was entered by the special magistrate back in back in May. Um your honor, if I may.
Of course. I'm gonna give you time. So, so listen uh we we I'm sorry. U you have not been uh sworn in either. Thank you. Um do you solemnly swear or affirm the testimony you're about to give in this proceeding shall be the
truth, the whole truth, and nothing but the truth. So help me God. Please say I do. I do. And you're not. Yeah. Correct. You're not the owner of the property, are you? No, I'm not. Okay. So, I want to hear from the owner.
Well, the the thing is that the reason I'm here is just in case I has a problem. I was going to translate and uh since you don't have translator plus I don't think you translator speak Arabic. So, that's the reason I'm here. I'm also
his neighbor and I'm helping him you know fix this problem with the truck. So he at a point he was and he has a letter was asked to go in front of the board of uh adjustment to ask for a
variance to have the the the RV there. So we focus on on helping on that and now I am a member of the board of variance of the city of North Miami. So we then sir that respectfully you have a conflict of interest. No, no, but but he
he's not going because of the zoning because of the zoning of that particular area. That's not allowed. I cannot I can't Well, if you're a member of the zoning board and you're you're testifying in in the property owner's favor, you have a conflict of
interest. Nonetheless, I doubt seriously that the variance would be uh allowed for a motor home in a single family residential neighborhood.
Well, they do that all the time, sir. With all due respect, but Well, I haven't seen it too many times. Well, I do. I have. And uh and but the thing is that this is not a single family, Sony. This is for the can they can put uh more than a single they
changed the zoning and u now they can put uh like town houses up to three so because of that is not allowed the variance but but what I'm telling say has tried to remove this big thing that they was given to him and he's so he we
already started the engine and uh we already secure a place where to store it but uh he only need like 30 more days and he'll be out of there. He's it is a handyman and you know he has a lot of work and it's been hard for him to
remove the the the pro but I've been helping him you know I I I am retired so I'm trying we're trying to he's he's going to comply you know and I can assure you that he's my neighbor and uh he's very he's he helps everybody but
you know uh as we said in in in the he just you know he I told This is since 1923. You should have fixed this long time ago. So, let's go. I'm not I'm not persuaded. He's had plenty of time. This goes back to 2023. There have been multiple violations.
Um whether he could or he couldn't get a variance. This should have been resolved months ago. Um, and so I am going to um based on the testimony of the city's uh compliance
officer, the file that I've reviewed, the photographs, and all the all the evidence presented showing that the property is still out of compliance, that there have been repeated violations and the uh motor home is still there. I
find in favor of the city. Ratify the fines approved to date in the amount of $200 per day and assess cost in favor of the city. The fines shall continue to turn uh run on a daily basis until there is compliance and I authorize the city
to uh enter the uh the lean if if if they find it necessary. So sir, I'm sorry it's too late. There's a quarter the the the thing, you know, in in in a half an hour. It shouldn't take months to do it. So, I'm sorry. I I have to do
what I have to do. I you have to respect a a magistrate's order. And you of all people sitting in the planning board should be applauding what I just said. And planning, sir. Okay. Okay. Next case.
Thank you, sir. Uh, case number 28, uh, RNN Global Investments LLC. You still have the prior uh, case on the on the screen. Can you remove that? All right, here we go.
Sorry. Case number 28, R&M Global Investments LLC, D CBPR 2024 000058. Inspector for this case is Mr. Joseph Danches. And we have uh Mr. Mike Elbam
on the Zoom meeting. If you Mr. Elb I I can see you or hear you, sir. I'm here. Here. Mike Elbum. Yes, sir.
Okay. You're the uh the owner of the property. I am the permit expediter. I sub That's not That's not good enough. I submitted a power of attorney this morning. He has. Yes, we submitted to the city in the
email. Good morning. That was not accepted. Sir, you had time to submit an email. Most of the cities with all the most of the cities that we represent the client, they don't need the power of attorney. So, we didn't know you guys are referring to that. But as we were that I
made it right away. Sir, sir, whether you did or not, you know, the property owner should be the one to appear. He doesn't know how to talk to the to the court. The honor, he is not from here and he's been tricked so much and
he's also on the hearing. He just he cannot be also talking, but he's here. He's reviewing it from his house. Well, what does he speak? Hebrew. No, he speaks English. I spoke to him before. English? Yeah, he speaks English. Okay. Well, I' I'd like I'd like him to
tell me under oath that he gave you a power of attorney to speak on his behalf. Absolutely. Eduardo, do you hear us? Can you do you see him in plugged in or something? I don't know. Is it Eduardo or
Yeah, I think so. Yeah. Uh, Eduardo Castro. Okay, I am going to uh There's a mic album as well, right? Because we joined together on the same link. He didn't know how to connect.
Can you please raise your hand? I'm trying to figure it out who's who's part of this case. I'm not understanding. Eduardo, can you can you raise your hand in Eduardo? Here. You see?
Okay. I'm trying to promote him as a panelist, but they're not accepting it. So, can you text him and get his approval that he's approving me to talk on his behalf? It will help. Hello. Hello. All right. Good afternoon. Hello. How you doing?
What's your name, sir? Eduardo Alberto Castro Hernandez. Okay, I got them all. Eduardo Alberto Castro Fernandez. Fernandez. Fernandez.
Ednandez. Okay. Uh, you speak English? Yes, sir. Okay. Uh, Mr. Mike Elbomb here uh is telling us that you gave him a power of attorney to speak on your behalf.
That's correct because he's my new um the the the new the new guy I hired because the last one I have and I go to the city speak inspector the sang a couple of times. Uh they proud me. They
proud me. I put money. I start they start to do it. Stop. Stop. You're you're you're going too far. I just asked you if first of all I'm going to put you under oath. And uh has he been sworn? No. Me also not yet? No.
None of them. So both of you raise your right hand. Okay. Uh do you solemnly swear or affirm the testimony you're about to give in this proceeding shall be the truth, the whole truth, and nothing but the truth? So help me God. Please say I do.
I do. I do. Okay. I don't I don't need to go in back in history. All I need to know is whether you Mike Elbum and by the way, are you the owner of the property? That's true. I'm the owner.
Okay. What what uh what number are we? Uh Madame Clerk, 28. This is ter number 28, magistrate. Okay. and and and so the owner of the property is R&M Global Investments LLC.
Who are they? That's the LLC that the Dardo have as an entity to hold the the house. No, no, no. the that that's the previous owner of the home of the home and since
I buy the home never um I don't know how to say never refresh on the files or something about on my name I don't know what have that name to be honest okay madame city attorney uh did we sue the wrong did we cite the wrong party
yes I I'm checking now uh special magistrate unfortunately inspector Yeah. Uh sir, if you can please give us a minute. Mr. Elbam, uh just remain quiet for a
moment. Okay. I normally look at Sunbiz just to be sure, but I don't recall having done it in having done it here. So, so the property is 1010 Northeast 143rd Street. I just check property appraiser
and is currently right now as of today's day under Eduardo built to Castro Hernandez. But this uh citation or case was previously cited to RNM Global Investments LLC, which doesn't make sense. So, how would
the name change? It wouldn't it make sense how the name would change if there was a violation on the property because it was cited uh on uh 2024, right? So that's that's what's uh getting me.
Okay. I I I look I'm looking at my notes and according to Sunbis, R&M Global Investments LLC is a corporation uh is a limited part limited corporation
uh with the name Eduardo Alberto Castro Ernnandez. So I think we got the right guy. It's the same owner. It's the same owner. It's just you just it's the same person, same entity. Yeah. And then we have a Pola Montre
who is my wife. That's but I never played the company. I never put the house under that name. Just to be clear, I don't know what I I I don't I don't I don't have the name. It's still your company. It's still
you're still entity of the company. So that's probably why. Well, uh, somebody's making, uh, uh, signs. Uh, Mr. El Elbomb, I I don't know that you can weigh in on this. They're either the owner or they're not. He's the owner of that company.
All right. You need to put on your mic. Okay, sir. I'm looking at the property appraiser. Miami property appraiser shows Paola and Eduardo as the owners right now. Okay. It doesn't matter what the property appraiser shows. That could be different from Tallahassee and it could
be different. What I'm what we really need to look at is the clerk of the court's property records. That would tell you who the owners are. And I want the inspector to tell me what And you have your hand raised, I guess. Uh, no.
Uh, how did you determine ownership? At the time that I cited the property, I looked it up. It was Ed Ro's name, but he owns the that company that um um you know how you can look up the name of the company and the owners of the company. Okay. But where did you where did you
where did you look it up in the property records? It was on Give me a second. Let me show you. So, if I may, I have it open here back in u May 22nd, 2023. It says previous owner RNM Global Investments LLC.
Correct. So at the time of the citation was given the property owner was R&M Global Investment LLC. After this it was changed to Mr. Eduardo Belus Castro Hernandez and Paola in Montana. But at
the time of the citation the property owner like we said before it was R&M Global Investments LLC. Okay. So that's what we have to go on. Uh, so having clarified that and guys,
you can, you know, you can appeal, you can file a lawsuit, you can do whatever you want, but I've got to go with what the inspector tells me was the ownership when the violation was issued. If the
property changed names after that, there are issues, okay, on both sides. you know, so let's not get into the weeds and let's just figure out how you're going to
um get the after the fact permit for the carport conversion. Okay? Because even even if they even if they cighted an old owner, they can go out there tomorrow and site you again. So the the problem the problem is not
who owns it. The problem is fixing the the getting the permit for the carport conversion and the additions that were made to the property. And from what I recall, I the pictures that from what I recall, the pictures of the house look
very nice. I may be mistaken, but no, the the house does look very nice, but they did do the conversion. And that's basically what it was, just to get an after the fact permit for the conversion that was done. It they applied for a permit, but it was never issued. And it has never been reverted
back or and the the conversion still stands. Okay, sir. Uh so Mr. Elbam uh what what are you going to do? How much time do you need? This has to be corrected. So what happened is that I'll keep it
the story short because I know your time is short, your honor. We went with new plans to the city yesterday, but we got it already before. And what happened is that the city told us it have to go to Miami date county for a first review before it goes to the city itself. That
process takes about three months just by Miami date county. So I only Why do you have to go through Miami date county for flood issues or the new the new laws in Miami that every permit that you do for new construction or even after the fact for additions or
anything like that goes to Miami date to review? Who and who told you that? The city. Uh in fact, is that your understanding? Is there somebody from the building department that um that's on here that can clarify that? Hello sir. I mean hello.
Yes. Yes. Um, yes. So, when you adding square footage to a property, yes, you will have to go to Miami Day County. Is there any problem going to Miami date county? How long does that process work and and what happens after they get approvals there?
So, it depends on if your plans is is in compliance, you should have no problem with Miami Day County. If if your plans is not within the compliance, you will probably have comments that you have to make corrections with. I'm not quite sure that's his um thing. I'm not quite sure why he's having problem with Mommy
Day County. I haven't looked it up. Um but usually if they end the requirements, they should have no 30 days. It's a full review for the county. I say no more than 30 days or less. I apologize. I did I did this process to
several of my clients. None of them ended less than 90 days in the county before it's back back to the city and then the city give back reviewed on that. So we in total this is a long process more than four months which which is um which I was going to
say magistry has been over a year. We're about to go to two years right now. Are any of these any of these any of these uh conversions, additions, uh any of it was either electrical, plumbing, structural, what?
Yes, it's all involved. Okay. Have you Mr. Wait, wait, Mr. Inspector, did you see anything that stood out to you as being unsafe or hazardous? There's a split. I believe there's a splitter on the pictures that was added.
you could see the the square footage and how the house was before and how it is now. You I'm not allowed inside of the property, but I um the permit that they applied for uh last year said it was two bedrooms and two new bathrooms. So,
that's already uh that's plumbing and I'm I'm pretty sure there's going to need a uh that splitter unit is going to have to have electrical run through. And has the work been done already? The Yeah, it's been done. That's the problem. They're getting an after the fact permit because it's been done. I don't know if through the if you had a
chance to look through the pictures, it's been done. It's just, you know. Yes, Mr. Elbomb. So, the thing was that he took a GC over a year ago. The GC tricked him with the money. He took the money, told him that he provide permits. He went and just
submit a a stupid permit in the city, took a number and he told him, "Oh, that's your permit." So, he was false by GC. And now we are stepping in to correct everything pass which is which is yeah which is understandable but they did the work before they got that GC.
Yeah. Yeah. You don't you don't do a major construction job without a permit and certainly certainly you need plans. You just can't go out there and do whatever you want. You need plans and you need those approved by the city. Look, I'm going to give you 60 days. All
right. If you have a problem with a county and it's legitimate or if you have a problem with the city, then you know, come back and tell me, ask for an extension. But as of right now, I think 60 days should be more than enough, especially if you're experienced, you're
an expediter, you know how to do things, you know how to do go to Miami date county and it's a single family uh as I understand it, it's a single family home. It's not like you're talking about a multif family Yes, sir. property. So based on the unrebotted
testimony of the city's code compliance officer and the photographs and evidence presented depicting that the cited violation still exists, proper notice has been given. I find in favor of the city enter adjudication and set a
compliance date of uh 60 days. Uh that's December 3, 2025. In the event of non-compliance, there shall be a daily fine of $350 until the violation is abated. So you you got 60 days. After
that, you start acrewing fines. If you have an emergency, if you have something that really is, you know, out of the ordinary, uh either with the city or the county, talk to the inspector and if you can't agree, bring it back in in in front of
me and I may want to modify it. But right now, as of 60 days, if you don't have the permits, you're going to be fined $350 a day. And that's all. Let's Let's move on. Thank you so much.
Mhm. Miss Almanto decline. I don't know why. M Mark morely. What number? I'm trying to The thing is that they keep Okay, here we go. So, we are on
number 18. Okay. Thank you. Hector M. Post. Yeah. and I agn you. We need to see you. We need to hear you.
We need to know what's Hello. Hi. What's your relationship to to the property? Are you an My my baby mama lives there, you know. um we separated but my my child still
lives there and uh that RV was mine. I already moved everything from the property. That's why I'm trying to you know be here to represent uh you know the place where my my kid and uh my ex lived.
Are are you are you at the property right now? I'm not at the property right now. I was all morning but I had to go to work. I got all the pictures and everything and if it's necessary I could be there in 20 minutes. Well, here's what we're going to do. Um,
first of all, I you you need to be under oath. Yeah. So, if you can please write your right hand. Raise your right right hand. Give me a give me a second. I think I need a charger already because my phone got 5%. I was all day. Let me just run
to another car where I have a charger. Give me one minute. Okay, in the meantime, I'm going to go ahead and read uh the case. Magistrate case number 18 act uh Hector Mos Gaiosa
Annayia A Alvar Alvardo CECB 2024 000019 the officer for this case is uh Inspector Alex Bernardan um Mr. Bernardan are you yes there you are
ready Mr. car house. Yes, I'm ready. Okay. My hand, please. Thank you. Do you solemnly swear or affirm the testimony you're about to give in this proceeding shall be the truth, the whole truth, and nothing but the truth? So, help you God. Please say
I do. Yes, I do. Thank you. Okay. We know we know what this is about. You said you were the owner of the RV, right? Yes. And your family lives at the uh at the property in question.
Yes. You also own a boat? Yes. The that's why I want to explain you know that the boat that's why that's like a misunderstanding from this one as much as I see cuz like at first it was about a boat. The boat was moved long
time ago and then we just received this one about Arvi. So, Arb was moved before 15th and now it's clean and nice, you know, everything clean and nice. There's no no violations anymore. So, uh maybe I can I don't know. Can I add
pictures here? But uh Bernard Bernard Bernardes Okay. Uh you went out there and you saw uh an RV or a Yeah, when I went out there um I
witnessed an RV parked out front on the um in the driveway. When did you go out there? I believe it was September 8th. Okay. On September um I have a photos of I have it here. I can share it right now.
Yeah, I think I saw the photo. Uh, when was the last time you were there? Um, when I did the final reinspection, I believe September 17th, I believe. September 15th is the final reinspection. Okay. So,
a picture of it today, right? I can stop by following the case and do a reinspection. Look, the inspector is going to go out there. If everything's okay, we'll dismiss the violation. If it's not okay, it's coming
back to me and um I'm going to I'm going to levy a heavy fine and and please don't don't play games with the city, take it away for a week, then bring it back for the weekend and and so on and so forth. The next time I'm going to be uh harsh, okay? So keep the RVs and the
boats and all these other things away from the property um until if you get a variance from the city which you obviously don't have. So I'm I'm going to table this case and wait for you to give the inspector the photos and he's
going to go by there and take a look and then we'll see where we go from there. Okay. Understood. Goodbye and thank you. Thanks very much. You're welcome. Drive carefully always. It's not fun.
Sorry, my just great. Uh, case number 15, Britz MFistan and Joseline, CEBPR 2023 00834. It was found guilty by magistrate
by May 16th, 2025. Fine set at $500 was 100 cost assessment. The inspector for this case is Mr. Jonathan Le. And then Miss Joseline, if you can please accept the the invitation.
Thank you very much. Okay, Miss Joseline, we need to see you. We we need to hear you as well. You can please enable your camera and the microphone. Well, and I've been here since 900 a.m.
Yeah, I know. I understand. Well, we don't start till 9:30. Can we please? We cannot see you. We We can hear you. We cannot see you. I'm here. Yeah, but we don't we don't see you. Yeah, that somebody tried to help me.
Okay, understood. Okay, now there we are. Good morning. Can you please raise your right hand? Yes. Do you solemnly swear or affirm the testimony you're about to give in this proceedings shall be the truth, the
whole truth, and nothing but the truth. So help you God. Please say I do. I do. I think I think Jonathan Lestre u first of all I I I didn't see my order in the file. So,
um, going forward, please, uh, when there's an adjudication and an order and a ratification, it's, uh, necessary to have an order in the file so I can review it, make sure that it's consistent with the, uh, the facts.
So, uh, trust me, I didn't see it. I went through it three times. Anyway, we have a finding that I made. Uh there's a fence was was put up without a permit. I uh found the
property owner guilty and I uh said get the permit uh for the fence by May 16th. And it I I set a $500 fine because I I I thought that uh the it was necessary and
it was a a a uh what I would consider a very important issue, the the fence. So please, ma'am, uh Joselyn, tell why I should not tell me why I should not
ratify the fines and make you pay the fines because you you failed to comply by May 16th, which was plenty of time. Um yes, I understand that, your honor. And the thing is right now I have the permit.
Um, I did not receive the your notice. That's the problem. Where is the Where's the permit? I have it right here. Mr. Inspector, have you seen the permit? That is not uh No, sir. Um, as of the final
reinspection, uh, which was on September 14th, um, they I didn't see any application or a permit obtained, but let me check our system to see if if she did obtain it. Okay. What's the date on that permit?
Uh, Josh, that's not a permit. I have Miss Shnie Pressy that she would like to speak from the building department. Who wants to speak from the building department? Officer uh, Pressy. Shnie Pressy. Okay. What is it? Uh a process number.
Okay. I'm trying to make sure we talking about um 12200 Northwest 125th Street. Yes. Yes. Okay. So, the application she came in to submit for the application on the 23rd of this month is in process now. So, she have not obtained the permit yet. So, it's in review.
It's why you're in my hand. That's the That's just not a permit, ma'am. That's an application. That's a Wow. You you were asking the city to give you a permit. That is not the permit. It has to be reviewed. Okay. I didn't know that.
It has to be reviewed. Uh madame um uh building official, do you see anything? Um I'm building officer right now since she just applied for the um permit. It's with zoning right now. So zoning and
building need to review the application. Once they both um reviewers look at the application, they're either going to approve it or deny it based on her submitt. And then we will notify her whether her permit is approved or denied. So she is may take up to 30
business days or less. It depending on but she just submitted it. We're going we're going to table it for 30 days until uh November 5th. Okay. But to me, when I see the permit number, I thought I was okay. No, that's only a number. That's only a
process number. That's not the permit. Does it say permit on it? Does it say permit on it? Yeah, it said permit number. BFP. No, it's a process process number. You still need to wait, ma'am. You need to talk to the building
department about what you just showed us and see where it, you know, wait for them to approve it. Okay? If they don't approve it, you need if they don't approve it, you need to change it. Okay? You need to be in touch with the building department, which is
I'm giving you I'm giving you 30 days to finish the work, okay? To get your permit. after third after that period of time, I'm going to ratify the fines that I impro imposed months ago. Oh my god.
I don't want I don't want I I don't I don't want to put any more burden on you, ma'am, but you've got I understand. This is this is this is going to be priority number one for you between now and 30 days from now. No problem. Okay. Table it for 30 days.
Okay. So, let me ask you a question. Do they going to write me a letter in 30 days or I have to go? You you have to you have to take it upon yourself to do whatever they want you to do. It's not up, you know, they're
they're not going to call you and tell you everything. You have to take the initiative, okay? You have to go to the building official at least once a week to make sure that things are going along okay. Well, pay pay them a visit once a week for the next 30 days.
Okay, no problem. Thank you so much. All right. Okay. Bye. Oh my god. Please help me. I'm sorry, ma'am. Go ahead, Madame Clerk.
Uh, case number 14. I'm trying to Mr. Gerald Wilson. I'm trying to send you an invitation to promote you as a panelist. If you can please accept it, sir. Gerald Wilson, you keep declining the invitation.
You're supposed to accept it. Okay, here we go. So, case number 14, Francis EV, uh, CE ODS 20250072. Uh, the inspector for this case is Miss Shana Sanders
and Mr. Gerald, we need to be able to see you and hear you. If you can please enable your camera and your microphone. Mr. Wilson, we can't see you or hear you. None of it. I believe I have staff outside trying to help him
out because he's outside. Okay. It just uh I guess the inspector may know, but uh the property is jointly held by Francis V with uh apparently her husband Gerald
Wilson, whose name doesn't appear, but uh he's on the title, so he doesn't need a power of attorney. He's one of the owners. Yes, Mr. Yald, we cannot hear you or see you yet, sir.
He's at the Oh, he's at the window. They're trying to do something to his phone. Hi, Mory. Hi. There we go. Hello. Hi, Mr. Wilson. We're not talking to uh Gregory Reges.
We're talking to Gerald Wilson. Right. Right. Yeah. Okay. Yeah. your Mr. Wilson, if you can please raise your right hand. Thank you. Do you solemnly swear or affirm the testimony you're about to give in this proceeding shall be the truth, the whole truth, and nothing but
the truth? So, help me God, please say I do. I do. Thank you. Mr. Wilson, are you one of the owners of the property? Yes. Is are you married to Francis V?
No, that's my mom. Also, she you own it in um the way the way the title is written makes it seem like it's your wife. Yeah. Yeah. Yeah. Because JTS means joint tenant. Okay. I I get it.
Anyway, you I saw the picture, sir. Uh and and I I I it looks like a junkyard and it looks your house your what whatever you own. Is it a house? Is it a house or a business?
A house. A house. Okay. I I saw junk all over the place. I mean, I The pictures speak for themselves. I've been working on it. I almost done, but that on the last few days, the rain didn't let me finish it. And my my dad
got sick. They noticed they not they the doctor says he just beginning to have cancer in the stomach. So, I had to take him to a hospital a few times for emergency and then the rain didn't that um the rain didn't let me stop. But I I
I just need about probably two weeks to finish. Okay. Miss uh Miss Sanders. Um I I I saw the condition of the property. I would definitely cite this property owner. Um,
mi Miss Sander knows she I've been working on it because she passed by and she told me that I have put a lot of effort on it. No, no, no, no, no. Don't get that on on record. I did not say that. I did not say that. Shannon Sanders, code
enforcement officer. Um, no. This case is for, as you already stated, you know, items, miscellaneous items being stored outside. I didn't say a lot was done. You didn't say what? I did not say that a lot was done. I, you know, he when I reinspected the
property, he was out there doing some work. He asked for more time. As I told him, it's this has been open since January. Um, I could not grant more time um at all. Um, he, you know, the pile was very, very, very, quite the contrary of what he's saying. And it was a very
small pile that was out for bulk pickup in comparison to what um is located at the property in the it's it's a lot a lot more needs to be done. Um I can't I can finish it. Okay. Wait, wait, wait, wait. You just
can't talk whenever you want to. You got to wait your turn. Okay. F First of all, first of all, um the inspector is right. Uh, this has been going on since um when January of this year
in I would say I originally cited him in January, but this has been going on since last September actually. Yeah. Uh January 22nd is the citation. And you can you can sir you can always and and I'm sorry about your father. You know, we all have tragedies in our
families. Yeah. Yeah. Yeah. We all do. But um we're done with excuses here. I mean this is nobody wants to live with neighbors like you. Okay. I know. So I'm gonna give you I'm gonna give you
10 days. Okay. Remove everything. Okay. Yes. And if you have not removed everything to the satisfaction of the inspector, then I want the case to the case will come back to me at my next my next uh uh
hearing and I will impose a $500 a day fine. um for failing to remove um the items the items okay this is not acceptable okay this is not this is it you know so
I don't need to say more okay thank you for the 10 days to remove it or else it's coming back to me at my next meeting and I'm going to impose fines after the 10day period if you still have not removed the uh the property
everything you say Okay. Whatever you have to you have to pay uh you have to pay somebody to do it. You got to do it. All right. All right. All right. Thank you. We don't want junkyards in residential areas. All right. Let's move on.
This was I'm sorry. Uh magistration said this was tabled. I'm sorry. Was it tabled the case? Uh yes, it's it's um actually no. No. No. I'm glad I'm glad you asked. Okay. Um,
no, it's not tabled. Um, based on the testimony of the city's code compliance officer, the photographs and the evidence presented depicting that the cited violation still exists. Proper notice has been given. I find in favor of the city enter an adjudication and
set a compliance date of 10 days from today. 10 days from today. In the event of non-compliance, there shall be a daily fine of $500 until the violation is abaded. Thank you. All right.
Have a good afternoon. Bye. Thank you, sir. Okay. Um, Miss Markinley, I've been trying to send you a pan promote you as a panelist. If you can please accept my
invitation. Thank you. This is cases number 31 and 32. Registrate. 31 and 32. Yes. Case number 31, Raymon Bastian. CF LR202300445.
And case 32 is Raymon Bastian CSC U202300856. Inspector for this case is Mr. Jonathan Lamester. Um oh Mr. Markley uh if you could please
say what relationship you have to the property. Good afternoon. Um I am a commercial truck driver. I would like to ask for 10 minutes to pull over so I could proceed. Okay. So, I'm going to call another case
in the meantime, sir. Thank you. My pleasure. Sorry about that. Okay. I'm going to go ahead and Kira Peralta. I'm about to Miss Baralta.
This is case number 45. M46 YMP Center Court LLC CEVP R204 001000 found guilty by magistras must abate by September 1525
fine set of $500 plus 100 cost assessment case number 46 YMP center court LLC MHVIO 2024 000075 found guilty by magistrate kasu must obey by September 5th 15 fine set at
$450 plus 100 cost assessment inspector for both cases if Miss Shannon Sanders. All right. Is there anyone here on behalf of the owner? Yeah, Miss Kira, we cannot see you. Hi, good morning. Saw you briefly but then you
disappeared. Yeah, this is um I'm going to be transparent. I'm the legal assistant for YMP um real estate management. Um this is my first hearing. Um but I do have some information regarding um or like
any up like updates. Uh we've been in contact with um Wait, wait, wait, wait, wait. I think you jumped the gun a little bit. First of all, you have to be sworn in. Oh, okay. By the clerk. Is that your right title or is it uh uh
I think we lost her. I'm here. Sorry. Oh, Cindy. What What is the title that I What should I be calling you? So, I am the executive assistant, but currently I am the clerk. Okay. But you are you are the executive
assistant to the director. I just wanted to note that for the record. Thank you. I appreciate that. All right. Anyway, what's uh uh have you been sworn, ma'am? No. Miss Baralta, can you please raise your right hand?
Uh do you solemnly swear affirm the testimony you are about to give in this proceeding shall be the truth, the whole truth, but nothing truth? So help me God, please say I do. I do. Thank you. Okay. Uh uh the inspector um you don't
need to say much. I've reviewed the file. Okay. Okay. I I've looked at everything and I've u determined that you know that there's no compliance and there was no abatement and there's a guilty finding
on on August the 6 by magistrate Kazoo. So, I'm going to give the property owner a couple of minutes to tell me why I should not ratify these fines. Go ahead, Miss Baralta. Good morning. Yes. So, my name is Kira
Bara. I'm the legal assistant. Uh, we have been in contact um regarding the compliance with uh the email with uh Kenneth uh winning from the city of North Miami.
Um so we have been making strides um to comply, but right now we're just requesting more time if possible. All right. I can't give you that. Um uh the fines will begin um retroactive to
September uh 15 of 225. Um based on the testimony uh of the compliance off the code officer and my review of the file, photographs and other evidence, property has been out of
compliance since September 15th um and so I find in favor of the city ratify the fines acrewed to date um in the amount of uh $500. fines shall
continue to run on a daily basis until there is compliance and I authorize the entry of a lean. The order is exactly the same with regards to 45 and 46 same property uh different violations but uh
essentially it's just uh a terrible uh situation existing uh as depicted in the pictures. So that's my ruling and uh the property owner should be guided accordingly. A lean probably will be
filed and uh and uh it will have to be paid off. Um so anyway, thank you for appearing but there's nothing I can do about this. And when would uh approximately when would the lean be filed? The lean probably I it's up to the city
attorney. They do the filing or the finance department. I don't know when it's the finance department. I would say maximum we deliver them I don't know two weeks from now. So keep that in mind. Okay. So you don't want a lean to be put
on your property because it's going to create all kinds of problems. You may have to pay uh a few thousand dollar but um you know that's the position you put your yourself not you but the owner of the property put itself in. All right.
Next, next case is there for both of them. I'm sorry. Yeah, that has been ratified for both of them. Mr. Sanders. Yeah, both cases. Mr. Minley, are you ready now, sir? Mainly Gurer.
Yeah. Um, there you are. Let's move along, please. We can't hear you. If you're still driving, I'm going to have to call the next case. Go ahead. Still not ready. You're still not ready. Got it.
All right. Uh, Mr. Eduardo Rebe, if you can please accept my invitation, sir. Eduardo Rebe, I'm not sure what case number is he. That's why they I've been asking and he
wasn't Mr. Rea, we we need to see you and hear you, sir. We need to find out what case are you here for today. On mute. There you go. Mr. Rever, what case are you here or cases that you're here for
today? Well, I'm not sure that my case is is to be uh taken care of today. Can you hear me? Yes, we can. What is the property address, please? The property address is one 930
Northeast 19 Drive. Somehow, somehow Let us look up the property, sir. Give me one second, please. Cynthia, um Miss Alvarez, I I spoke with them yesterday. This is the the property owners that we spoke to. You translated
for 19 um 11930 and 11960 Northeast. That's the one that went over for last month. Yes. We heard them at September. Yeah. I told him the abatement date was today but not for the hearing.
Mr. Edardo, you're at the wrong hearing. You guys were supposed to show up last month. Okay. Oh, last month. But the thing is that we did we didn't get the mail because they had the wrong address. Sir, this is the magistrate hearing for October 1st. If you have any questions,
you were more than happy to help you out, but right now we're we're on the October 1st. We had I had nothing to do with that case, sir. That was a month ago and I was not serving at that time. Correct. So, you'll have to deal with it separately. Okay.
All right. Moving along. Mr. Jean Cherry, if you can please accept my invitation. Jean Cherry, Mr. Jean Cherry, nothing. Uh, I have an unlicensed room. I'm not sure who that is. If you can
please accept the invitation on unlicensed room and if you don't accept it then we'll move along and then we'll start from case number one.
Okay. Unlicicensed room. We need to hear you see you and we need to change the name of uh the name on your Zoom. Can you please enable your camera so we can see you? Okay.
All right. They left. So, um, Mr. Markley, are you sir ready or if not, we're going to have to move along because we cannot be coming back over and over. Markley,
are you still driving, sir? Uh, yes, I am. If you could give me just about five minutes, I'll be able to You know, we can't, sir, we can't wait forever. Uh, this meeting has to end at 2 o'clock. So if you don't stop within the next five minutes, we're done. We're going to hear your case.
Yes, your honor. I will stop in the next five minutes. Okay. All right. Anyways, so my district, uh let's uh start by case number one in the meantime. Okay. You can remove uh uh Mr. Ger from the screen. We don't need to. Got it.
Okay. Okay. Case number one, Aquasta Condo Association, uh, CEVPR2025 00237. Do you would you like me to read all the cases because it's the same? Yeah, let's let's hear them. Let's hear
them all. Are they here? Uh, that No, there's not. No one. Okay. So, let's get rid of uh the first um I guess four cases. Yes. So, uh case number one, I already read it. Case number two, what a condo association. CF AW2023
000111 found guilty by magistr must abate by May 16 2025 fine set who's talking now could go better um hello sir
I'm off I'm on it sorry about that Uh, I forgot. Uh, case number two, May 16, 2025 by set at $350 plus 100 cost assessment. Case number three, Aquestrada Condo Association, COC
MHS 2023 00695. And case number four, Aquasta Condo Association, COF 202300005. The inspector for of for case number one
is Jonathan Lame mystery. For case two, three and four, sir, you have to wait. Two, three, and four is Miss Janna Sanders. Okay. Who's Who's the uh gentleman uh in I have no idea. That's the person that I was inviting before and they were
declining my invitation. So he has to wait for his unless he has something to do with these first four cases. Uh no, he has nothing to do with, you know. Um mute him. Yep. Done. Okay. Uh the first case, uh it deals
with a dumpster enclosure. I already saw the picture, Mr. uh Inspector Lamaste. Uh there's really nothing more to say. Uh they have a some kind of a dumpster in there, but the enclosure uh is a separate issue. They did it
without a permit and it looks terrible. Yes, sir. Um no permit. Um I conducted my fun inspection on September 14th. Um and uh they failed to obtain an after the fact building permit for the dumpster closure. and you've been
properly uh properly you noticed the association and uh you got service and you did an inspection and it's still in the same condition. Correct. Uh proper notice was given I posted the notice of violation at the property and also mailed certified
letter to the property owner to the condo association. Okay. Based on the unreoded testimony of the city's code compliance officer, the photographs and the evidence presented depicting that the cited violation still exists, proper notice has been given. I
find in favor of the city enter an adjudication and set a compliance day of um 30 days. In the event of non-compliance, there shall be a daily fine of $350 until the
violation is abaded. Next case uh is Shana Sanders. He's been found guilty. So that one is other you. Oh I Okay. So uh anybody uh needs to say anything on behalf of the city?
Miss Sanders. Danny Sanders, neighborhood service inspector. Um as of my reinspection, compliance has not been met. Okay. So the dirt and the mildew and the stained cement wall are still there as per the photograph.
Well, as per the photograph, um they have repainted the building. However, along with with um the the magistrate required them as well as the city required them to obtain a permit. All commercial buildings are required to obtain a painting permit for which they failed to do. They only complied with
half of the violation for which they are aware of. Okay. They're not in full compliance then. So based on the unrebotted testimony of the city's code enforcement officer, the photographs and other evidence presented showing that the
property has been out of compliance since uh May 16, 2025. The abatement date I find in favor of the city and hereby ratify the fines acrewed to date in the amount of $350
and assess cost in favor of the city. The fines shall continue to run on a daily basis until there is compliance. He's number three. Number three, Shannon Sanders, City of North Miami Neighborhood Service Inspector. As of my last reinspection,
compliance has not been met. They have made minor repairs to the um to the building. However, as instructed, they were they are required to obtain a permit. seen that it is um a commercial property. The city again required them
to obtain a permit which they have failed to do. Right. And this is pursuant to an an annual housing inspection and there are pictures of of cracks throughout the building. Right. That is correct. Including stairway uh railings. Yes.
Okay. So uh this has not been previously adjudicated. So based on the unreedited testimony of the city's code compliance officer, the photographs and the evidence presented depicting that the cited violation still exists. Proper notice has been given. I find in favor
of the city enter an adjudication and set a compliance date of 30 days. Uh in the event of non-compliance, there shall be a daily fine of $350 until the violation is abated. When I say 30 days, does that mean my 11 November 5th
hearing? That's November 5th which is with Manchester Castle. You're 60 days but 30 days it'll be for the November one. Okay. I I'd like the four of them to stay together. So whatever I said 30 days. You said you did 30 days
before. I said 30 days. Okay. So that means that they have to comply by November 5th, 2025. Okay. All right. So that will come back to me on December. On December 3rd.
Yes. Okay. All right. Last one is uh the gate. Did we deal with that or no? Case number four. Shannon Sanders, neighborhood service inspector. This is a new case for the pool that's surrounding the gate. Um our
city ordinance requires that any gate surrounding the pool needs to be self-closing and automatically closed, which this one does not. I initially inspected the property on February 23rd, 2023 while doing an annual housing inspection. I observed again that this
gate has not been was not self-closing. I've had several conversations with um property management as well as the director um as the property management as well as the president of the condo association
who you know stated that they were going through financial difficulties. They are going to get things done. You know, as of my RAS me inspection, the gate still remains non-selfclosing and they are making, you know, minor minor minor slow repairs to the building. I am
showing property my administrative staff I believe on the um the 8th of September. Um I'm showing that I posted the property myself for the notice to appear
on the same day, September 8, 2025. Okay. Okay. Is there water on the pool? Um there is I believe No, no, I'm sorry. There is no water in the pool. The pool is um damaged. I had to think for a moment. The the entire pool um is in
need of of repairs. Um they do have a notice around the pool um stating that it's closed. Um there's cracks around it around the deck and everything. The entire, you know, that entire area is um it's like a construction site.
They called you. All right. Um that that is not a good situation to have a pool uh in that condition. It usually uh when when it rains you start getting mosquitoes. You can also have a child fall in. It's a
life safety issue. It's getting real close here to issuing a u uh a red tag, but that's not my call. But based on all of these conditions, if they don't move quickly to fix it, um
this is sounds to me like an unsafe structure. Based on the unreuted testimony of the city's code compliance officer, the photographs and the evidence presented depicting that the cited violations still exist, proper notice has been given. I find in favor
of the city and an adjudication and set a compliance date of 30 days. Um, in the event of non-compliance, there shall be a daily fine of $500 until the violation is abaded. 500, correct?
500. Thank you. Okay, let's try. Let's let's see if we can see uh McKenzie again because I unfortunately as I announced earlier I've got a I've got about 30 minutes left before I have to leave. So why
don't you uh Mark Markley Ger and any cases that you need to adjudicate like right away? I'll take those. the right anything that anything that can wait uh
till the next meeting I would appreciate it. I I have a a meeting that I can't I you know I I didn't anticipate that we would have 46 cases uh some of which were a little uh difficult and controversial but let's
see if they're not answering as of yet. I'm going to go ahead and unlicensed is they're still here. Um, so Marley Cier. Yes. Yes. All right. We're going to hear you now
or never. So that's Yes, your honor. Okay. I can see you and I still don't know what's his relationship to the to the property. Can you hear me? I can hear you. I cannot see you. Yeah, we need to see you.
said the host has disabled um my camera. Oh, go ahead and start the video. My apologies. This is case 31 and 32. Sir, what's your um relationship to to the owner or the property?
Um I am the member of the LLC that is being cited being fined. I would like to Is this I'm sorry. Quick question. Is this for property address 1260 Northwest 135th Street? Correct.
Okay. So, this is case number 31 and 32. Sir, okay. There is no there is no LLC here. Exactly. Oh, you talk you you mean the company uh MG Transportation? Uh LLC. Yes. Honorable Boost.
Are you are you involved with a transportation company? Yes. This is I'm member of that company. Okay. So, you're a member of the LLC that operates the MG Transportation NEM LLC. You're part of them.
Yes. I'm the proprietor. Okay. You don't have you don't you don't have a BTR. You don't have a certificate of use. You've got to have it or you can't operate. What's your answer? Y. Um,
if I may, he needs to be uh if if I if you could please raise your right hand. Thank you. Do you solemnly swear or affirm the testimony you are about to give in this proceeding shall be the truth, the whole truth, and nothing but the truth? So, help you God, please say
I do. I do. Thank you. Let's note for the record that the owner of the property which is the subject of this violation is not present and uh this individual uh his testimony
uh may or may not be relevant or may or may not be accepted um but the owner is ultimately responsible for the violation. So, uh, Mark Hensley, if, uh, if you will have something to tell me about the, uh, BTR and the certificate
of use. Are you in the process of getting them? Are you having trouble? What's what's going on? Um, your honor, this is what what's going on. First of all, I would like to say
the my company originally was classified as a local passenger transportation business. It has since been converted into a a commercial trucking business. Um my company now fall under the jurisdiction of the Federal Motor and Safety Administration uh which is the US
Department of Transportation DOT and um the state of Florida regulate license licensing safety and operation. The city of North Miami particular use requirement is a duplicative and unnecessary as applied to any commercial
trucking operation. So my my business address in North Miami uh is is functioning so solely as an administrative office not as a passenger transport hub or vehicle yard. Uh for for this reason I I respectfully assert that the city uh certificate of use
requirement not be applied and to to my current federal regulation operation. Sir, you you have you have something going on at 1260 Northwest 135th Street, right? Whatever you call it. There's some business going on there, right?
Yes, your honor. But under um federal under federal administration uh which is DOT I don't really I don't really abide by federal administration orders. I abide by the uh city code uh that that
requires any business to have a uh a business tax receipt and a certificate of use. Whether you you have authority under the Transportation Administration or the state is of no concern to me. It
the question is are you in business and do you have the license to engage in business in North Miami? That that's really a very simple question to ask and I need an answer. I am currently active on Sundays. Your honor,
how what is the problem with getting a business license? I I was under the impression that um being in um commercial interstate transportation that I was under impression that it didn't apply to me to
it wasn't required for me to have a certificate of use. That's why it one was never filed for you. You may be in interstate commerce in a transportation business that you you can probably do business in all 50 states, but that
doesn't mean that if you uh if you have an office or you're uh doing business in in in uh in North Miami, that doesn't mean you don't have to register. Everybody has to register. Is that is that your understanding, Inspector?
Good afternoon, uh special magistrate. Um well, first things first, uh Rafael Padron, who is our uh business tax receipt specialist, you'll be able to provide more insight. But mind you, sir, um I issued the violation on August 31st, 2023. It's been over two years. If
he had any questions or if he ever thought that, uh it did not apply to him. He could have reached out to myself or to the business tax receipt office uh in regards to clarification. But again, um I'll pass the mic to Raphael Padron, again, our business tax receipt
specialist. Sir, is there uh Mr. Padron, is there some uh exemption for businesses that are regulated by the federal government? You're muted. Muted. Sorry. No, no. Uh no, your honor, not
that I am aware of. Um the owner came in last week and expressed that once his type of business changed, he thought that he no longer needed to see you. And I told him that's irrelevant. He's registered on Sunbis with North Miami address. His home base of operations is in fact his home and he does need to
have the business tax and certificate of use. The last time that business tax and certificate of use was renewed was for the 21 to 22 fiscal year. Essentially, it expired. They both expired September 30th, 2022. He was given his balance and informed
what he has to pay to come into compliance. Okay. So, um you're going to have to do it, sir. If not, the owner is going to get uh hit with a with a violation, which I'm I'm I'm going to give them a little bit of
time because and by the way, I think the owner should be notified of these things so that they can at least be aware that there's going to be a ultimately it could be a lean against their property. But I they chose not to come and that's fine. uh I just take that into
consideration um when I uh issue uh my my final award anyway based on the unrebotted testimony of the city's code compliance officer and the evidence presented depicting
that and this is as to both the certificate of use and the business tax receipt um cases 31 and 32 I find in favor of the city enter an adjudication and set a compliance date of uh 30 days. In the
event of non-compliance, there shall be a daily fine of $350 until the violations are abated as to 31 and 32. So, sir, you go and speak to Raphael Padron at the city. He'll explain everything to you. You'll bring your uh
you know, whatever paperwork is needed. Bring a check and you know, get this done. If there's an issue with zoning uh with the certificate of use, um you come back and we'll talk about it and uh if you need like land use approval or
something, we'll give you more time. But you got to have the the permits uh to operate. And uh please be sure that the owner, your supposedly your landlord is notified because otherwise
uh you may be in trouble with him. Okay, you're in violation of the city code. All right. Uh let's move on quickly. Um Miss uh uh give me again um unlicensed room, which is the one who's been trying
to speak throughout the previous cases. Sir, what case or what property address are you here for today? Can you hear me? He's uh Hello.
He's 12201 Northwest 7th Avenue. So, this is cases from 7 through 11. Um I believe so. Yeah. Mhm. So, we'll be able to knock off a few, right? Yep. Okay. So, first of all, um what is
your name, sir? That again. Your name? Oh, Ferro Gabriel. Okay. And And how are you involved with these properties? Owner.
You're the owner. Okay. What is your name again, sir? Chris Gerald Gabriel. Is the name of the corporation is a Scott? It is. Oh, yeah. He's is a Okay, got it. All right. Okay. So, are are you Gabriel Fris
Gerald? Yes. Okay. So, you're you're the president of the corporation? Yes. Okay. I looked you up. Are you're legitimate? Have you been sworn? No, not yet. If you could please. Thank you. Uh, do you solemnly swear or affirm the
testimony you're about to give in this proceeding shall be the truth, the whole truth, and nothing but the truth? So, help me God. Please say, "I do." I do. Thank you. Uh I'm going to go ahead and read the cases first if you're please. Okay. Case number seven site uh site
last cut group inc 2025 001 90 uh uh sorry inspector for this case is Mr. Jonathan Lester. Case number eight side loss cut group Inc. CBPR
202500191. Inspector for that case is Mr. Jonathan Lester. Case number nine site luscott group incpr to 02500192. Inspector for that case is Mr. Jonathan.
Site Lasut Group Inc. CF OB to 02500162. Inspector for that case is Mr. Jonathan Mestri. And last but not least uh case number 11 site Lasco Group Inc. CE Gab 2024 0000001.
The inspector for that last case is Miss Sha Sanders. All right. Uh sir, you have a number of violations on your property which you have to fix. You have a an improperly installed awning overhang.
You have an improperly installed fence. There's some uh exterior renovations, windows and doors. You have a business tax receipt issue that you don't have a business tax receipt.
You need to get a private waste collector with dumpsters and a dumpster enclosure. And so you realize that, right? This is doesn't come as a surprise to you.
Yes. Um um I'm working on the permits I already um um put down on the certificate of use um to the city and um those because we was already on the dumpster approver. We already finished the dumpster. Right now they already
they already put down the they permit. they fill out the the application and for them to for the city to give them the the approval. You have a waste hauler uh on the contract. Um is they just get my email? They say
they'll contact me for my email. All right. You you got to inspector, have you been in communications uh with the property owner? Um I can't speak uh in regards to the waste. That's uh Shannon Sanders case. But in regards to the awning uh the
permanent doors and for the business tax receipt for the restaurant Closes uh restaurant I believe. Um no I have not se Cuisine for case number 10. Um I haven't been in contact with him but he's aware. Um we uh I've uh posted the
violation with the North Miami Police Department. Uh we did a business tax uh correction. I'm sorry. Um, every month, uh, the North Miami Police Department and, uh, someone from our team, we do, uh, what we call a business compliance
sweep. And one of the nights we did stop by to his, uh, residence, and we gave him the violation, um, in regards to the awning, in regards to the business tax receipt for the CEO cuisine, um, for the illegal structure that's done at the
property. So, he's he's well aware of the violations. All right, baby. Hi. Uh, Miss Sanders, uh, why don't you weigh in on your violations? Shana Sanders, neighborhood service inspector. Um, this is the case for the
sanitation violation for the private hauler. I have indeed been in contact with the um with the um the business owner. I was the officer on the west side for many, many years. So, I'm very, you know, familiar with this property owner. So,
maybe he was comfortable with giving me a call. I did not realize we had all of these cases for um um Mr. Lamestre as well. He did, you know, verbally inform me when I was handd delivering the notice to appear that he was working on
other cases um and other violations. I don't know. Um as of my last reinspection, compliance had not been met. the dumpster still remained um in need of some repairs and he had not secured proper waste services with Waste
Pro um at my last reinspection. Okay sir, how much time do you need to comply with all of these violations? At least you know the city take time to to approve the permit. So at least I
could say three month. No, I'm not going to give you three months. I'm going to give you uh I'm going to give you 60 days. Uh because, you know, there's just too much neglect and uh some of this stuff can be
done relatively easy. Uh like getting a f a fence permit or an awning permit and uh hiring a uh waste hauler should not take you nine months to do. So, uh, I'll give you I'll give you 60 days and we'll
see where we are then. Okay. Based on the, uh, testimony of the city's code compliance officer, the photographs, and the evidence presented depicting that the cited violation still exists, proper notice has been given. and I pine in favor of the city and enter an adjudication
uh as to all of these cases each individual uh case same order uh compliance date of uh December 3, 2025 uh in the event of non-compliance there
shall be a daily fine of $350 until uh the violations are abated. So after each violation, you got 60 days, $350. If you are not in compliance as of that date, in case of an emergency, you can
talk to the inspectors, they'll try to help you through the build uh building uh uh permitting process. And um in if you have an emergency, it'll come before me and then I'll rule on it. But right now, you got
60 days. And so we've uh taken care of quite a few cases in uh in one shot. Okay. Um madame clerk, um I have five minutes, so you tell me
if you have cases you want me to rule on real quick. I have um case number five um BCBG LLC CE LR2023 004
46 found guilty by magister by April 18th 2025 set at 150 + 150 assessment spectctor for this case is Mr. Jonathan and Messy. It's just a matter of ratifying or not.
All right. Are they still uh uh inspector? Are they still not in compliance? Correct. Merry Smith. Um so this business is at a strip mall. Um I spoken to the property management team um at the strip mall and they informed me that
um the owner um still pays rent um but she hasn't been operating at the location for a while. So, I don't know what's going on with her, but the business is still active on Sunbiz. Um, and they're still they're still there. They're still there.
Okay. Well, e either the man the ownership is going to have to evict it or pay the fine, you know, for the for the business. But, uh, if if if they're still doing business there without a business tax receipt in violation of the magistrate's order, uh, I'm going to go
ahead and ratify the fine uh, based on the unreuted testimony uh, of Inspector Lamestre. Uh, the photographs and the uh, evidence presented showing that the property has been out of compliance since April 18th, 2025. by fine in favor
of the city. Hereby ratify the fines acrewed to date in the amount of $150 and assess costs in favor of the city. The fine shall continue to run on a daily basis until there is compliance. Let's take uh one more case and then
we're going to have to roll the others because um okay u case number 12 and 13 have the same property owner and it's just a matter of ratifying. Would you be okay with that? Okay. Okay. Case number 12 is Crystal Bay
Investment LLC CF OB 2023000499 found guilty by Manus Kasu must abate by September 15, 2025 fine sent at 250 + 100 cost assessment. Case number 13, Crystal Bay Investment LLC CECU
202300827 found guilty by magistrate by September 15, 2025. Fine said at 250 plus 100. The inspector for both cases is Miss Shannana Sanders. Um Shannana Sanders, neighborhood service inspector. If I can before you
um give um rat, you know, ratify these fines. Um Mr. Padron, are you still there? Is this the case that we spoke to that I walked the gentleman over there for his father? Um me, you and Gary spoke about this. You said he submitted
the application. Um, I was disconnected because Zoom crashed. So, what case are we on? This is 13 and 14. No, 12 and 13. 12 and 13. 12275 Northeast 6th Avenue. I just want to make sure cuz I think he's been This
gentleman came in two days right after the hearing. He's been submitting the applications and stuff or whatever. Um, when you jump in, um, um, Raphael, you know, you can. I just want to make sure. Is this the one where I walked the gentleman over with his um his son? I don't remember. Um let me let me see
if I can look up the account real quick because like I said, I was disconnected and the whole thing froze. I don't want to ratify these fines. Magistrate, you know, cuz he has been working with the city. Um some he submitted them and it's been sitting on someone's desk for a couple of weeks. We
just got it moving um the application I believe about a week or two ago. Um when he came in asking, "What's going on? And I see you cited me again or or gave me notice or something to that effect. Uh I I believe I believe we do have an application in in the system. So he has Yes. This I believe
this is the one that we spoke about. So he has been attempting to come into compliance. It's just going through the process. Yeah. So if we can I don't mind granting him more time because he he has it's been sitting on someone's desk for over a month. Um he came right after the
August hearing. I believe he said the eighth and submitted it and it just didn't get moving until I think a week or two ago. Okay. Uh this is a condo association. So who is the he that we're talking about? I believe he was um he may be the
manager. He might be the condo board. Uh I I'm I I don't remember exactly. I I believe he said he was the property owner. It could have been. Um his son came in and I spoke with the gentleman over the phone. and he said, you know, he was out of town, this, that, what
have you. But he was sending his son. Um, and his son came over as promised. Um, you know, we walked through everything. And yeah, I I noticed you wrote apartment building, not a condo building, you know, it might be an apartment. I It
might be an apartment. Um, because I remember it's three separate buildings there. Um, but he I'm going just say I I believe he was the property owner or either the manager of the business. Okay. And this arose out of a an annual
housing inspection. Um, more than likely, yes. Um, for me to have been in that area, I noticed I I noticed that. So, uh, let's, uh, let's table this, uh, for the next next hearing and see where if
they're in compliance, then don't bring it back. But if they if they're not, then bring it back. Yeah. Yeah. Because I believe his his last conversation it was with Durm. So yeah, he's working on it. Cindia, how many more cases do we have approximately?
like 17 17. So those will be tabled to the December hearing be with you. Yeah. If if there's any one of those 17 that you need me to act on, uh I can
take one more case. So pick pick uh whichever one you feel is the most important. No, I believe the ones that were the most important, we already heard them. Uh if I'm not mistaken, I don't know if
any of the inspectors I'll jump in with I'll jump in with mines. You know these BTRs, especially while we have Raphael here. 19 55 Northeast. What's the case number? What's the case number? C E F L R. No case number
on the agenda. What number is it? Agenda. Um, let me see. India, be sure to have enough time so that when you're tableabling the others, you can put it on record. Yeah, absolutely. 25 and 26. Okay, let me go see.
I'm going to get rid of my So, case number 25, NMBB Partners LLC LLR 20250078. In case number 26, NMBB Partners LLCC
EZU 202500237, inspector for both cases is Miss Shana Sanders. Shannon Sanders, neighborhood service inspector. Um, first case for Z CEZCU 202500237. They kind of go hand in hand. One is for
the um, failure to obtain and or renew the certificate of use. The second one is CLR 20250078 for failure to obtain the business tax receipt. Both of them are for um, business names. Synergetic Services Inc.
Whereas I initially cited this property and did an inspection on the property on 7:23 being July 23rd, 2025. Whereas I got a notice from Waste Pro about um services um the sanitation services not
being um paid in or they had an outstanding balance. At that time while doing an inspection I went ahead and said let me take care of everything there. Ran their license. Um at that time I saw that it needed to be renewed. Um, I had a conversation with the
property owner um at the um property as well as I then got on the phone with Mr. Padron because the property owner stated that he thought he was up to speed and was in good standing with the city. We brought to their attention he wasn't. How much we told them how much was
needed to be paid. Um as of my last reinspection the business tax receipt nor certificate of use were renewed. Um I am showing proper service was given. I myself handd delivered the notice to appear and
certified mailing was mailed out on the 9th. I see Mr. Patron raising his hand. Um, again, I did contact him at the time of doing the inspection when I initially, um, cited in when I did the
reinspection because again, the business owner thought he was up to speed and then got standing with the city. Go ahead, u, Mr. Bedron, with your testimony. As of September 17th, they're in compliance. Okay, so he paid. There we go. Okay, that's it. That one's done.
I don't want to interrupt you, but at the same time, I know, I know, I tried. By the way, I I don't know whether it matters because you probably did the good service anyway, but you have a notice of posting. I noticed I noticed Boulevard. Okay.
You're always on top of it. I noticed it. I said we gonna slide that one on. Yeah. No, no. I read I read everything. So, both cases have been closed then 25 and 26 on Does anybody really need something heard? Because I really need to go.
Jonathan, do you have anything as an emergency? Because all the rest of the cases will be postponed to the December hearing. We can hear you, Jonathan. All I see you is just shaking your head. All right. Cases 16 and 17. Uh Miami
Vibes Hostel, um 12:30 Northwest 135th Street. Case number 16 and case number 17. Um so very quickly, um this is in regard to a business tax receipt and certificate of use. Um they were found guilty by Magistrate Smith. um and they
had to abate by May 16th, 2025. 2025 fine was set at $350 plus $100 cost assessment. As of the final reinspection, the business is still operating as a hostel. Uh they're advertising on a host as a hostel. Um you could go on Expedia, Google Maps, um
wherever you could think of uh for a hostel, uh for search of a hostel, it's still being advertised as a hostel at the at the location. Okay. I I I saw that. I don't like this type of operation
uh especially without a business um uh certificate of use or I don't even know whether they would qualify I if it's a single family neighborhood. I don't know if it is or not. Nonetheless, I did enter an order which by the way is not
on file. Uh so please in the future make sure that all orders are part of the file. So as to 16 and 17 uh same order uh I will ratify.
I will ratify the uh fines based on the testimony of the enforcement inspector uh and the evidence presented including uh detailed uh evidence of uh operating a hostel property uh has been out of compliance
since May 16, 2025. I find in favor of the city and hereby ratify the fines acrewed to date in the amount of $350 on each case uh and assess costs in favor of the city. This fines shall continue to run
on a daily basis until there is compliance. And with that folks um I've got to run. It's been a pleasure. Thank you magistr. Uh, whenever you get a chance, whenever you get a chance, Cindia, in the next couple of days, if you could give me a call,
um, I would have normally asked your boss, but he's not available. So, if you could give me a call or I'll call you and we'll discuss. Absolutely. Yeah, I'll call you. Absolutely. Okay. Not tomorrow, though. No, I won't call you tomorrow. I promise.
Thank you, man. Good luck. I know. I I do I am well aware of that. Thank you. Okay. Good luck in your meeting. Thank Thank you. And I'll see you all. I'll see you all next time. I'll talk to you soon. Uh bye bye. City attorney, do you want me to read all the cases that have been tabled on
camera? Correct. Yes. Okay. So, case number 21, Josephine one corpdu 20240015 found guilty by magistrate kasu. This case has been tabled to the December
Third meeting case number 27 Perline R Turner and uh CEBPR 202500231 has been uh tabled to our December 3rd
meeting. Case number 29 R A R O Investment Trust CF LR20230004 54. This case has been tabled for our December 3rd meeting
number 33. uh R I R R A R O investment trust CE zu 202300863 has been tabled to our December meeting December 3rd 2025 case number 35 Roger Bay LLC VPR 2023 3
00823 found guilty by magistrate kasu must abate by January 17, 2025. This case has been tabled to our December 3rd meeting. Case number 36, Rosenthal Enterprises
Ltdr 202300468. This case has been tabled for our December 3rd, 2025 magistrate hearing. Case number 37,
Ruben E. Leadesma, CER CV 202300379. This case has been tabled for our December 3rd magistrate hearing. Case number 38. R U DG L H A Bell House
LLC C E F O B 202300461. This case has been tabled for our December 3rd magistrate hearing. Case number 39, R U DG L H A B E L House L C
E Z C U 2023000784. This case has been tabled for our December 3rd magistrate hearing. Case number 40, cell K condo association FYB RR 202300000021
previously found guilty by magistrate by June 20th, 2024. Fine set at 350 + 100. This case has been table for our December 3rd, 2025 Matt district
hearing. Case number 41. Scott Andrew Galia LLC CF OB 202300476. Found guilty by magistrate by September 15, 2025. Fine set at 250 +
100. Cost assessment. This case has been tabled for our December 3rd, 2025 magistrate hearing. Case number 42, Scott Andrew Galia LLC, CE Zcu202300800.
Found guilty by magistrate Kasum must abate by September 15, 2025. Fine set at 250 + $100. This case has been tabled for our December 3rd, 2025 magistrate hearing.
And that concludes the end of our agenda for this October 1st, 2025 magistrate hearing. Need anything else, madame city attorney? We're good. Thank you. I appreciate you. Have a great day.
Have a great day. Thank you so