Special Magistrate - Regular Meeting

Good afternoon, everyone.

Good afternoon. Good afternoon.

Hey, good afternoon. Give me one second, Your Honor. It seems like Maria is having an issue with the camera. One second. Alright. Sorry about that. Ready to begin as soon as you are.

OK, I'm ready to go.

OK, let me. Thank you.

Recording in progress.

Let me let everybody in.

Hello. Hi, everybody.

Hi. Good afternoon. Good afternoon. Hi. Hello.

Okay. Got one more. Okay, Your Honor, it seems to be everybody for now.

Okay. So let's get started. Good afternoon, everyone. My name is Attorney Regine Monestine. I am the Special Magistrate for today's hearing. Welcome to North Bay Village Code Enforcement Hearing. It is conducted pursuant to Chapter 162 of the Florida Statute. Formal rules of evidence shall not apply, but Fundamental due process shall be observed and shall govern these proceedings. I shall hear testimony from the code inspector as well as the alleged violator. Any testimony that I deem competent and relevant will be admitted. All witnesses and parties offering this case first. Then the alleged violator will have an opportunity to present their case as well, including presenting documents and cross-examining the religious witness. At the conclusion of the presentation, I will announce a decision and issue a written order thereafter. If you are with the clerk of courts in Miami County,

Is it me that's having this issue or her?

I'm having the same issue.

It's breaking up.

Thanks, everyone. The judge will be back shortly.

Orlando.

Okay. I think I was having some technical difficulties. Did you hear my opening remarks?

Not completely. If you could repeat that, I would appreciate it.

Okay. Absolutely. I apologize for that. Okay, so good afternoon again. My name is Attorney Regine Monestee. I am the Special Magistrate for today. This hearing is conducted pursuant to Chapter 162 of the Florida Statute. Formal rules of evidence shall not apply, but fundamental due process will be observed and shall govern these proceedings. I will hear testimony from the code inspector and the alleged violator that I deem to be competent and relevant. All witnesses and parties offering testimony must be sworn in. The village will present its case first. The alleged violator will also have an opportunity to present their case, as well as cross-examine the village witnesses. At the conclusion of the presentation, I will announce a decision and issue a written order thereafter. If you were found guilty of the violation, you will be ordered to comply with the code within a certain time. If you do not do so, you may be fined up to $250 per day for the first violation and $500 for repeat violations. If you desire to appeal my order, you may do so by filing a notice of appeal with the clerk of courts. In Miami-Dade County, you will have 30 days within which to file an appeal. At this time, Madam Clerk, Please swear everyone in who will be testifying and then you may call your first case.

Good afternoon. Everyone who's given a testimony, please turn on your cameras and raise your right hand. Please turn on your cameras. A lot of people. Please turn on your cameras.

I didn't mean turn on your camera.

Do you swear that your testimony will be the truth, the whole truth, and nothing but the truth, so help you God?

I do. I do. Swear.

Thank you. Case number 08557, property address 7441 Coquina Drive. Owner, Kiyoki Real Estate Holdings, LLC. In violation of Code Section 105.1 of the Florida Building Code, work commenced without the required premise. A new gate was installed in the front yard. Inspector on this case, Orlando Rodriguez.

Good afternoon, Your Honor. For the record, Orlando Rodriguez, North Bay Village, Co-Director. This is a new case, September 8th. 2025, during a routine patrol, it was observed that the property was in process of installing a new iron or aluminum gate along the front property line. A search of the record showed that no permits were on file for that work being performed. Citation of $250 was posted and sent certified mail to the property owners. One month later, October 7, 2025, we did verify that that citation was paid in full. However, no permits were on file yet. I was able to find the contacts for the property agent, Mr. Tim, who's here this afternoon. He mentioned that the owner lives outside the country and travels frequently, so he takes care of the items that arise at the home. He was advised that the case would be coming to a hearing soon, and he began to work on the item as soon as I got in touch with him. On February 26th, we proceeded to issue the notice to appear for this hearing. For this case, we posted it at the property incentive certified mail. Tim has already been able to submit a permit application to the building department. I'd like to read that for the record. Permit number 000188. A revision does need to be made to that permit for it to be issued, but it seems like he will have his permit very soon. Our recommendation at this point is for the property to comply with this permit as soon as they can. We'd ask the fines of $250 per day commenced today and for the property to return as needed for a status report. And Mr. Timothy's here representing the property this afternoon.

Okay. Sir, please state your name, your relationship to the property, and let me know if you have any objections to the village's recommendation.

Yes, Your Honor. My name is Timothy Moon. I am currently operating as the property manager for Koike Real Estate. So, yes, Mr. Rodriguez was in touch with me, has been very thorough in explaining what was needing to be done. And upon that information, I have been in touch with the property owner and the contractor that did do the work to be able to go ahead and obtain that permit. Like Mr. Rodriguez said, they are out of the country and do frequently travel. So they were just unaware. It's a first-time offense of the processes that needed to be done.

But once we did... How long was it going to take for you to get your closest out?

As soon as we get the revision and we get the approval and then pay that permit, it should be able to be closed out there. So I was speaking with the contractor. Ideally, we would like to close it out within the next one to two weeks, max.

All right. I'm going to, I won't impose fines. I'm going to give you until the next, since this is a first time up, first case here, I will allow you to come. Hopefully you won't have to come back. You'll have it resolved and that will be that.

Excellent. Thank you, Your Honor.

Okay. Have a good day.

You too.

Thank you. But you do have to pay administrative, whatever the admin fees are.

Absolutely. Will do. Thank you. Thank you.

All right, next case, please.

Case number 241101, property address 1881 Kennedy Causeway, owner of the Bridge-Rotter Tower Condominium Association, Inc., in violation of Code Section 8.17J1 and 2 of the North Bay Village Code of Ordinances, building maintenance violation. Inspect on this case, Orlando Rodriguez.

Good afternoon again, Your Honor. Orlando Rodriguez for the record, North Bay Village Code Director. This case was before you last hearing, February 19th. Property had been accruing fines. At that point, $250 per day for 274 days. Total $68,500 fines in order to continue and for the property to return today. As an update, Mr. Omar, property manager, has done basically everything he needs to do to get that permit issued from the building department. However, it's just hit a snag with his contractor registering his insurance information and his updated license. So as soon as that's presented, he'll have an issued permit. So he's on the cuff of complying. So our recommendation is for the property to comply as soon as they can. As of today, fines have been running for 302 days, total $75,500. We'd ask for the fines to continue and for the property to return for a status report or hopefully a mitigation for next hearing.

Okay, and is someone here?

Usually Mr. Diaz is here and I'll see him this afternoon.

Okay, I'm going to go ahead and accept the village's recommendation.

Thank you.

Thank you.

Case number 5350, property address 7511 Coquina Drive, owner Muhammad Hussain and W. Jessamine. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits, new kitchen at the rear of the property, a screen porch, a roof, and electrical work done. Inspect on this case, Maria Tovar.

Good afternoon, Maria Tovar, Code Enforcement Officer. This property came before you last in February 1926. 30 days was given to obtain the necessary permit to comply with the violations. The property has been accumulated fines of $250 per day since June 26, 2025, for 267 days for a total of $66,750. All applications to legalize the unpermitted work has been submitted and they've been in the review process since October 6, 2025, pending comments from the contractors. We have not received any communication or any update from this property. So we are recommending to obtain the necessary permit to comply with the violations and for the fine to continue to accumulate until they come into compliance and to come back as the next hearing for a report.

Is there anyone here for this property?

I don't see anybody here.

Okay. I'm going to accept your recommendation. Thank you so much.

Thank you.

Case number 08051, property address 7929 West Drive, Unit 402. Owner, Jilla Renee Azabar. In violation of Code Section 105.1 of the Florida Building Code, Work performed without the required permits remodeled two bathrooms that required building, electrical, and plumbing permits. Inspector on this case, Orlando Rodriguez.

Good afternoon again, Your Honor. Orlando Rodriguez, co-director for the record. This case was also before you last hearing, February 19, 2026. Properties in order to obtain the necessary building permits required for the work they performed At that point, fines of $250 per day had been running for 239 days, total $59,750. Fines ordered to continue and for the property to return today. Last hearing, the contractor who's always here representing this property was present, Mr. Denny. He did not have any applications submitted at that time. However, a few weeks ago, I spoke with the actual property owner, Ms. Gilla, who's here this afternoon. And she indicated that she would be parting ways with Mr. Denny. He wasn't getting things done to their speed and satisfaction. So she has retained somebody new to hopefully take care of this process for them as soon as possible. Eric Construction Inc. is who she indicated to me they hired. So hopefully this gentleman will be well on the way of getting these items resolved. Our recommendation today is for the property to obtain their permit as soon as they can. Fines have been running for 267 days. As of today, $66,750. Could ask for the fines to continue and for the property to return next hearing. And the property owners here this afternoon, Ms. Angela.

Good afternoon, Your Honor. And thank you, Mr. Rodriguez. I'm here also with my partner, Daniel, The two of us have been in communication with Dennis Rojas, who was our contractor and no longer is. Danny can give a much more thorough update as he's been in more communication, but suffice it to say that we were... under the impression all of this time that our contractor had told us that he had submitted all of the permits and everything was in order. We had no reason to believe otherwise until it came to our attention that nothing had been submitted. And I'll let Danny take over about that.

Good afternoon, Your Honor. My name is Daniel Carries. As Sheila mentioned, I'm her significant other.

And both of you, so just both of you own the property together?

She's the owner of the property. I'm just her significant other who's trying to help her get through this because it's a little bit unexpecting on both of our parts, as you can imagine.

Thank you, Your Honor.

But as Jayla mentioned, when we received the first hearing date, we provided it to our contractor expecting him to resolve this issue. At some point this year in 2026, we reached out because it seemed odd that this was taking as long as it was. And he was telling us that the court was requesting more information and that's why the issue wasn't resolved. And speaking with the officer to the case, we find out that nothing had been submitted and nothing had actually been done on this case, which is when we began looking for a new contractor. So we have engaged a new contractor, Eric Construction, as the officer mentioned. I have a letter that I'm happy to submit today that says we're expecting to receive the permit and the plans for submission by April 9th. But that's the best update that we have right now. The only thing we ask of the court is if we can please pause penalties at the moment to give us time to kind of reset ourselves and actually move forward with what we've been trying to do for the last couple weeks now.

Yeah, so I appreciate your coming and being candid with me with respect to what's been happening. Unfortunately, I'm not able to pause any fines at this juncture. What I would recommend is that you just work very, very closely with the village to make sure that you are responsive and your new contractor is responsive so that you can get this resolved very, very quickly. But once we've resolved it, you're at full compliance and then we can have a discussion about mitigation.

I appreciate that, Your Honour.

Thank you, Your Honour. We are both law-abiding. We follow protocols. As I said, we had zero indication that this was the case, and it has taken us by storm. So we are trying to work. Mr. Rodriguez has been incredibly helpful and kind and supportive. So we will do whatever you tell us to do.

Yes, it's unfortunately, you know, I will just say this to help soothe your mind. This is not unusual, unfortunately. So, you know, the village certainly does understand that. But you as a homeowner are ultimately responsible. Okay?

Understood.

Thank you so much.

Case number 22. 1201, property address 7904 West Drive, owner, Bayshore Yacht and Tennis Club Condo, in violation of Code Section 151.20A of the North Bay Village Code of Ordinances, failure to attain recertification of buildings and components. Inspect on this case, Orlando Rodriguez.

Yes, and again, Your Honor, Orlando Rodriguez, North Bay Village Code Director. This case was also before you last year, on February 19, 2026. property in order to obtain their certification as soon as they could um fines at that point have been running for 1065 days totaling 266 250 fines are ordered to continue and for the property to return for status report as mentioned last hearing the property continues to work on the exterior of the building they have their concrete restoration permits issued and they have the swings installed and they work every day, Monday through Friday, and we're just monitoring their progress at this point. Our recommendation is for the property to comply as soon as they can. As of today, fines have been running for 1,093 days, total of $273,250. We'd ask for the fines to continue and for the property to return as needed, status report. Usually the board president is here, Ms. Mona Issa. I do not see her this afternoon. Oh, your music dropped.

Hello, someone?

Yes.

Okay, please state your name, your relationship to the property, and let me know whether you have any objections to the village's recommendation.

I don't see anybody here that's absent for this property.

Oh, you said you don't see. Okay. I'm going to go ahead and accept the village's recommendation. Thank you so much.

Thank you. Three, six through nine.

Case number 08065. Property address 1770 79th Street Causeway. Owner, North Bay White House. Association number 4, Inc. In violation of Code Section 105.1 of the Florida Building Code. Were performed without the required premise. Install hydraulic power unit, new controller, and a mini split AC unit. Inspector on this case, Orlando Rodriguez. Case number 08063. Property address 1790 79th Street Causeway. Owner, North Bay White House Association No. 2, Inc. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits installed a hydraulic power unit, new controller, and a mini-split AC unit. Inspector on this case, Maria Tover. Case number 08066. Property address 1780 79th Street Causeway. Owner, North Bay White House Association No. 3, Inc. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits installed hydraulic power unit and a new electrical controller for the elevator. Inspector on this case, Orlando Rodriguez. Case No. 08062, Property Address, 1879 Street Causeway. owner North Bay White House Association Number One Inc. In violation of Code Section 105.1 of the Florida Building Code, were performed without the required permits, installed a hydraulic power unit and a new electrical controller for the elevators. Inspector on this case, Maria Tovar.

All right, good afternoon again, Your Honor. Orlando Rodriguez, North Bay Village Co-Director. Yes, case will be for you last hearing as well. February 19th, property is ordered to comply with the violations. At that point, fines have been running for 183 days, total $45,750. Fines are ordered to continue and for the property to return as needed. We do have some good progress on this hearing. The 1800 building was able to apply for all four permits that are needed to comply with the violation. for the mini-splits and also for the electrical work done in the elevators. The 1780 building was actually able to apply for permits as well for the mini-split units, just for the record, 000134 and 000135. No other updates at this point. I did speak with Mr. Leonardo Cefino, who is the board president for the Master Association. He was not here last hearing. or the prior hearing. However, we did catch up this afternoon and he wanted to be here to speak to your honor and kind of dispute the idea that he needed permits for some of these items. And I told him that it's not something that is within the scope of this body that he does need to meet with the building official to anything that has to do with permit requirements and things that could be waived and things that perhaps can be skirted with certain plans or whatnot. So I did provide Mr. Leonardo, the building official's phone number earlier this afternoon. Hopefully they were able to speak. If not, we could definitely set up a meeting for them. Our recommendation at this point is for the property to comply as soon as they can. As of today, fines have been running for 211 days, $52,750. We'd ask for the fines to continue and for the property to return as needed. And Mr. Leonardo is here. I believe he has his elevator contracted here as well, Mr. Perez.

Okay, sir. Please state your name, your relationship to the property, and let me know whether you have any objection to the village's recommendation.

Oh, you're muted, Mr. Schiaffino.

Okay, yes. My name is Leonardo Schiaffino, and I am on the board of two of the associations on a property owner. We do have objections, absolutely. First, Building 1780 has already obtained its permit, approved, so I don't know why fines would continue. Building A as well has already, I believe that they got a final today. They got the permit approved and also completed and I don't know why their fines should continue either. So either of those two shouldn't even be a question.

Why don't we take one at a time? Let's take one at a time. Okay, so you said building

Building C, which is 1780, yeah, received its permit February 19th. They received the food permits, yes.

Okay. Mr. Rodriguez.

I have the permit numbers if needed.

Mr. Rodriguez, are you aware?

Yeah, 1780, I announced those permit numbers. And when I checked them on Tuesday, I believe, or yesterday, might have been Tuesday, they were in submitted status. They were not yet approved. If they happen to have been approved yesterday or today, that's great. However, they would still be, for full compliance, still be missing the electrical permits for the elevator items that were installed. And that is what Mr. Leonardo is disputing that he needs. So that is why I've asked him to meet with the building official.

We're more than happy.

If anything, he would like to waive anything. I mean, that's no problem with us. We're here to get these cases closed. We're ready to get this closed.

Well, he's saying that it sounds to me, Mr. Rodriguez, he's saying that the Building C, the permit is closed. Is that what you're saying?

No, Your Honor. The permit actually was approved. It's missing one final inspection, but the permit's approved. I have an email from the one. Oh, okay.

Okay. So we're going to stop right here. So permit approved and missing inspection does not mean final, right? Correct. When you say missing inspection, that means it's still open.

Your Honor, the violation was for not getting the permit, not for having the permit open. And if I can just give, I'll be very concise, but I just want to give context with this. Because the association is composed of four buildings, 150 owners, majority of them are elderly. When this board took possession of the buildings, the elevators had had violations for years. The elevators were at the point where they were getting shut down. The elevators are a vital component of the buildings. So what the association did was it very meticulously made this a priority. It did its due diligence. We had several companies come over. We ended up picking a company that does all Miami-Dade schools exclusively. They've done over 100 permits through Miami-Dade. The Florida statute is very clear on who has authority over the elevators. This is not a case where the association said we're going to do some work and we're not going to get a permit. It's the opposite of that. We went to go do everything exactly as we understood it to be correct. And this contractor who's done over 100 of these with Miami-Dade had no idea that an adjoining permit would have been needed from North Bay Village. The statute is very clear on it. It's very clear. It cannot be more clear. It says Miami-Dade County Office of Elevator Safety has regulatory authority having jurisdiction over all elevators, escalators, moving walks, and other conveying systems located within buildings throughout Miami-Dade County. as regulated by the State of Florida Statutes 399, the Florida Building Code Chapter 30, and Florida Administrative Code 61C5 in all municipalities, except the City of Miami and City of Miami Beach. Miami-Dade County also retains authority over its own equipment and property throughout the county, irrespective of location. So nobody... This is not a situation where the association said, okay, we're going to, the opposite. I got it.

So I need to hear from the city attorney. I understand. I understand. You're basically saying that Miami-Dade County has exclusive jurisdiction. You didn't need to get a permit from North Bay Village, correct? Listen, correct. We didn't know that. I got it. I got it. I got it. I got it. I need to hear from the city attorney.

I could chime in on that.

There's a little bit more to that.

This case has been coming before you now at this point since May of last year. It's been quite a while. They have been found in violation for many months. And this has been ongoing for quite some time. And now Mr. Leonardo, which he is well in his rights to do, wants to dispute the idea at this point that he still needs a permit. Although one of his buildings, the 1800 building, has already applied for and for all the permits that are being required from the building department but he feels that that should not be done for the rest of the buildings because of these statutes he's found and all these things so that's why i want him and the building official to get together um because the building official has already declared that these permits are required he understands where the items mr leonardo has mentioned and the statutes however he still says the electrical portions of the The elevator items that were installed need to be inspected by the village. The county does regulate elevator permits. You get a permit from the county for the elevator. However, the electrical portion of the hydraulic units and all those items they installed, it goes together with the elevator. according to the building official and our building department require a permit from us. So that is where they have that.

So let him respond to that piece with regard to the electrical piece.

Your Honor, we have no problem with getting the permits through North Bay Village. But something has to be explained. This process took a long process because essentially what we're doing now is we're meddling. We're going back to work that was already inspected and approved by Miami-Dade and closed the permit. And now we're meddling with that work. This is why having conflicting and congruent duplicate permits permits on work makes no sense.

What he's saying is that it's not duplicative. It's ancillary. It's electric, not the elevator itself.

Your Honor, the violation says hydraulic pump. that only has to do with Miami-Dade with elevators. You would need an elevator engineer. This confused the elevator company. Now they're thinking, well, what are we going to do? They have to check with Miami-Dade. We're going to undo our elevator pump.

What if they come back with a different- Did you have a meeting or did your elevator folks have a meeting with the building official? I spoke to him this morning.

He was going into a meeting. He was very understanding. Unfortunately, he had to go into a meeting and we're hoping to talk to resolve this before.

But I'm going to do I'm going to pause. I'm going to pause on this on the fines because I hear that there could be a compelling argument with respect to, you know, whether there should have been or or or need needed to have you needed to have a permit. So because I have a question about that, I I'm not going to hold you responsible for that argument. for today. So moving forward, the fines are going to be paused. I want you, I'm going to order you to have a conversation with the building official, work this out. Hopefully you won't have to come back here next month, but if you do, then at least I will have a clearer picture as to the exact parameters of, of, of a, of a permit. Okay.

Okay. Okay.

Fair enough. That sounds great. We appreciate it. This, like I told you, we're, ready to get disclosed. These will be four cases less for us to hear. And if need be, we know we could have the building official here next hearing as well, and we could resolve it. But hopefully that won't be necessary.

And for the record, we're putting everything through everything. We're doing work on the elevator door. We put it through North Bay Village. We asked Miami-Dade as well. Any question, anything, we're being certain that any work that's done is put through the city to say yes or no, we need or don't need.

Great. And Mr. Rodriguez, if necessary, have the city attorney come to that meeting if there are legal issues with respect to whether a permit was necessary, whether Miami-Dade County has exclusive jurisdiction or not. So that if it has to come back before me, those legal issues are crystal clear and as well as the facts, okay? So that would be very helpful.

Will do. Thank you, Your Honor.

Thank you so much.

Thank you, Leonardo. Thank you. Thank you.

Thank you, Your Honor. Thank you.

Case number 3182, property address 1681 Kennedy Causeway, owner M.G. Prosper, M.B.V. LLC, in violation of Code Section 105.1 of the Florida Building Code, Commence demo work inside the building. Demolition of walls, floors, and the ceiling. Inspector on this case, Orlando Rodriguez.

Good afternoon again, Your Honor. Orlando here for the record, North Bay Village Co-Director. This case is also before you. February 19th, 2026. Property was ordered to comply as soon as they can. Property was ordered to begin filing fines. well, pardon me, they did get a wave on the fines at that hearing, and they were just asked to return today for a status report since that was their first hearing. As mentioned in the previous meeting, Mr. Peter, representing the property, was here, and he was exploring the different ways that he could comply with this issue. One of those ways was actually getting the entire building demolished, which is the plan of the property owners anyway, rather than getting the remodeling permit that was in question here today. So they've decided to go the demolition route. The property architect has already been in touch with our village building department. So they've been exchanging information and getting the requirements. So it looks like they're moving forward. Our recommendation today is for the property to comply with the violations as soon as they can, for the property to begin accruing fines of $250 per day commencing today, and for the property to return for a status report.

Is anyone here for the property? Anyone here?

Mr. Peter was here last time. I don't know if he is here. Mr. Peter Graves here? iPhone? Nope.

All right. I'm going to go ahead and accept the village's recommendation. Thank you.

Thank you.

Case number 250831, property address 7601 East Treasure Drive, owner of the Grandview Palace Condominium Association, Inc., in violation of Code Section 151.20A of the North Bay Village Code of Ordinances for little-time recertification of buildings and components. Inspector on this case, Maria Tovar.

Good afternoon, Maria Tovar, Code Enforcement Officer. This is a new case. On June 30, 2021, during a walkthrough conducted by the building inspector and the building official at the Grandview Palace garage and pool area, several items were identified that needed to be addressed immediately. An engineer evaluation report was requested, including but not limited to the area of the pool deck attached and detached garage building and the main tower. Also found were some exposed electrical boxes and a fuel tank that wasn't protected against vehicular impact. In August 2021, building department met with the contractors representing the Grandview Palace to discuss the concrete restoration work in the area that needed to be secured. And the violation report was still outstanding. And they were giving to the end of the month to comply with that report of the building was going to be posted on SAVE. On December, 2022, the final letter was sent to let them know that they were still in violations of the 25 year recertification of the buildings and components. On August, 2025, the property was still out of compliance and it was referred to the code department for enforcement. A civil infraction notice was sent to the Grandview Palace Condominium Association with another 30 days to come into compliance. And today, that's why we're here today, they're still in violation. So we are recommending for the property to obtain the necessary permit to comply with the recertification of the buildings. and for the fines of $250 per day to begin accumulating today until they come into compliance and to come back here if they need.

Okay. Is there anyone here?

Yes. My name is Jay DeFaro. I'm the president of the Home Owners Association and also a director.

Do you have any objection to the religious argument?

I'm totally confused with this. In the end of 2024, we filed all of the proper reports for the four-year certifications. We received approval for all of the thermal and electrical certifications. All of the construction that is being mentioned here in relation to the building, the garages, that was already completed more than one year ago. There's been several projects that were totally completed, financed and completed. The only thing that was left as outstanding as part of the construction is the fact that when we submitted the four-year inspection reports, which the city has, everything that was approved excluded the balconies in some of the lines and the towers, the balconies falling, the edge of the balconies that had not yet been completed. And what we were informed that it's a normal process. You do the four-year certification. If there is some additional component that has to be done, Those components can be addressed, and then the final certification is issued. Okay, and we have performed all of those things. Six months ago, I sat with somebody here in the office, and basically we explained the same situation. The process of completing the balconies, which is the last stage, after I repeat The 40-year certification, full documentation for all components of construction, civil, concrete, garages, columns, all of this was already presented to the city and it was approved by the city. And any additional comments that were made was already responded by our engineer, which is on this call right now. Okay, so we have provided certification letters. We have letters as to the stability of the building for occupation. All of those have been done. I'm not aware of any things from 2021-22 that we have not responded to or any fines that are open and pending in relation to this particular matter, Your Honor. Okay.

Madam Tovar, please respond.

Okay. Okay, so that report, that work that he said that he submitted on 2024, and it was submitted, but there was some comment, then some item that needed to be addressed, and that is what it hasn't been responded to the building department.

Right. Can I respond to that? Sure. Right. Okay. Thank you very much for your update, ma'am. But anyway, so the answer to that is the following. The report was submitted. Over a period of several weeks, Giovanna, our assistant manager that is sitting over here, dealt with the lawyers, with the engineer in relation to that. All of the items that were to be responded to in that report, can you confirm that, Giovanna, that was responded by the engineer?

Correct. The only thing, Your Honor, my name is Giovanna, for the record, assistant manager of W Palace. Hi, Maria. Hello, Orlando. The only thing that is pending on our end, and that's what, to my knowledge, it will be the completion of the balcony restoration, which we are, it's only, I guess, what, 10% left?

We only have the pool area. All of the external side of the building has been completed. That's fine. All we want is additional time to complete. How much time do you need? Well, I would say, what's the estimation done by?

Your Honor, just to be on the safe, around six months.

Six months? Six months.

Do it to, again, we have to do mobilization.

Okay, so here's when I don't know. So what we're going to do is we'll come back next month. You'll give me a status update. You won't tell me that you submitted all of these documents and you've done all of the things and then say, but we do have something left. You're just going to tell me what is left, okay? And we will go from there. But I'm going to go and accept the village's recommendation. Thank you.

Would you allow me to respond to that, please? Sure. Okay. Basically, what I meant to say is that after presenting all of the documentation, even in conversation that we had here at the office, everybody understood that the only thing that was pending was not a remediation of anything that was submitted on the 40th. It was just completing the project. That's all I'm trying to clarify.

No problem. All right.

And even in dealing with the bank, by the way, Your Honor, even in dealing with the bank and projecting the lines of credits and everything that is necessary, the projection for completion of the inside of the area, which are only the towers around the pool deck, was estimated at around maybe five months, maybe six months. So this is why I'm mentioning that figure. Of course, there could be rain, there could be other things. You know, every time it rains, we cannot do work. So there could be an estimation done by the engineer and also by, you know, the directors and the construction company involved in providing that estimation. It was a six-month period. But I'll comply to what you've said. If you'd like, Ben, in a month, we can provide you an accurate letter from the engineer. You know, why don't we do that? You do have a letter from the engineer providing to the bank.

Okay. You know what? You're going to have this conversation with the village, and you'll come back next month, okay? Perfect. Thank you very much. Thank you so much.

Thank you, Maria. Is that is no fine attached to it?

No, no. The fines will continue.

Okay.

Thank you. Well, this is their first hearing, Your Honor. There's no fines running in.

But I thought you said that it was it's been since 20.

Well, that's when they received their initial notice that the building has to do with the certification. And that's when the case began. This is a new case. But it's been giving them plenty of time. Yeah, they've been working diligently. However, what the gentleman just doesn't understand is sometimes we like many of the buildings here that we hear. They have ongoing work and they're curing fines as the work takes place because that's just the way it is. They were late, so now they're trying to catch up and the fines begin running. So this property's had about two years actually to get this done. They're still working on it, but now has gotten to the point where the building official passes it to our department and we need to begin enforcement. So this is their first appearance in our court here for their certification being overdue.

Okay, I won't start the fines until next month. Okay. You have an additional time to make sure that you can get this done.

Thank you, Your Honor.

Thank you. You mentioned a session for next month. Is that an expectation of completion of the work in 30 days? Because we do not believe that the work can be completed.

I understand. I understand. But just understand that if you're back here next month, fines will start.

But how can we make sure that we are not here next month? We are asking for an extension.

It would be a status report. It would be a status report. We just have you back to give an update, see where you're at. And we want to make sure that you're continuing to work and move forward so the building is safe.

We understand. Thank you very much. Thanks so much.

My pleasure.

Thank you. Case number 211215, property address 1666 Kennedy Causeway, owner Causeway Tower LLC, in violation of Code Section 151.20A of the North Bay Village Code of Awarenesses, valid to obtain recertification of buildings and components. Inspector on this case, Orlando Rodriguez.

Good afternoon again, Your Honor. Orlando Rodriguez for the record. This case is also before you last hearing. February 19th, property is ordered to comply as soon as they can. The property had been accruing fines at that point for 1,342 days, $335,500 fines are ordered to continue and for them to return for status report. As an update, the property does continue to work on the garage repairs. They had started a dry run with the building department for their building, actual building restoration. That was going through as Festo's approval through Durham. I'm not sure if they were able to get that yet, but they need to start working on the building concrete restoration permit. But Mr. Richmond may have an update on that. Our recommendation is for the property to comply as soon as they can. Property's been accruing fines now for 1,370 days, $342,500. We'd ask for fines to continue and for the property to return next month. Mr. Richmond is back.

Okay, sir, please state your name, your relationship to the property, and whether you have any objections to the builder's recommendation.

Good afternoon, Your Honor. My name is Frank Richmond. I'm the Commercial Property Manager of Causeway Tower. And as he stated, I believe when I had my meeting yesterday with our permit processor and on-site project manager, Orestes, that he was meeting with North Bay Village. And as he said, dry run just to make sure there wasn't anything else that they needed because every time you submit it and then they send it back, it costs again. The issue with the asbestos with DERM was resolved. They needed a letter from our architect and also revised information that the area of work was not going to be where the decorative panels that have been existing aren't going to be disturbed. So that was all resolved with DERM. So I've given him checks and everything that he was just waiting on I guess, again, I get confused between Miami-Dade County and North Bay Village, which one he's dealing with at the time. But I believe in the next couple of days he should have, or by Monday, the... approve or at least the permit for the building portion the parking garage were approximately close to 60 percent completion our estimate day time of renew of completion is on schedule for may 30th And of course, depending on final inspections and all that, again, barring rain and everything, you know, we've been lucky with the dry weather, even though it's not good for the rest of the grass and the Everglades and all that, but it was good for exterior construction. So that's where we're at. And I have objections because no matter what I'm saying, they're going to still do the fines until we have mediation. And it's always nice to see everybody.

Well, thank you always for coming and for providing us an update. So, yeah, I'm going to go ahead and accept the village's recommendation, and we'll see you here next time. Thank you.

Absolutely. And everyone have a happy Easter, which is going to be between the two meetings.

Happy Easter to you, too. Thank you.

Thank you. Bye-bye. Appreciate it.

Case number 250341, property address 150A 79th Street Causeway, owner has Realty LLC, in violation of Code Section 8.17J and 1 of the North Bay Village Code of Ordinances, built in maintenance and standards violation. Inspector on this case, Maria Tovar.

Good afternoon, Maria Tovar, Code Enforcement Officer. This property came before you also in February 19, 2026, and it was ordered to obtain the necessary permit to comply with the violation. This property has been accumulated fines of $250 per day since October 23, 2025 for 147 days for a total of $36,750. On March 12, 2026, a permit application was submitted for the repair of the building. For the records, permit process number BLDC-0000201-2026. No electrical permit has been submitted. This permit is still in the review process at this time. We haven't heard anything from the property owner. And this is the only updates that we had. We are recommending for them to attend the necessary permit for the fines to continue to accumulate until they come into compliance and to come back for the status report at the next year.

Okay. Is someone here for that property?

I don't see anybody here for that property.

Okay. I'm going to go ahead and accept the village's recommendation.

Thank you.

Case number 08068, property address 7520 West Treasure Drive. Owner, 7520 West Treasure, LLC. In violation of Code Section 105.1 of the Flooded Building Code, where performed without the required premise, install two mooring piles and two electrical jet ski lifts in the rear of the property. Inspector on this case, Orlando Rodriguez.

Good afternoon again, Your Honor. Orlando Rodriguez, Northfield Village Code. This case was before your last hearing on 12 February 19th. Property is ordered to comply with the violation. At that point, fines of $250 per day were running for 155 days, total of $38,750. Fines ordered to continue for the property to return for status report. We have not received any permit applications or communication from this property. They have failed to come to this hearing, so we continue to wait for an update from the owner. We have not been in communication with them. Our recommendation at this point is for the property to comply as soon as they can. At this point, fines of $250 per day have been running for 183 days, a total of $45,750. We'd ask for the fines to continue and for new property to return as needed.

Okay. Is anyone here?

Anybody here for 7520 West Treasure Drive? I don't see anyone, John.

Okay, I'm going to go and accept the diligence recommendation. Thank you.

Thank you.

Case number 250823, property address 7545 East Treasure Drive, owner Caribbean Towers Condominium Association, Inc. In violation of Code Section 151.20A of the North Bay Village Code of Ordinances, bill is to obtain recertification of buildings and components. Inspector on this case, Maria Tovar.

Good afternoon. Maria Tovar, Code Enforcement Officer. This property also came before you last on February 19, and it was ordered to obtain the necessary permit of to comply with the certification of the buildings and components. This property has been accumulated fines of $250 per day since February 19 for 28 days for a total of $7,000. On March 18, 2026, the engineer sent a letter to the building department requesting an extension of time of 30 days to complete the electrical permit, the electrical work that needed to submit the report for the recertification. They've been working on the electrical part of it, but now they're still in violation. So we are recommending for them to obtain the necessary permit to comply with the violations and for the fines to continue accumulating until they come into compliance and to return back for the report.

Is anyone here?

Yes. You're muted.

Please state your name. Good afternoon. Please state your name, your relationship to the property and Let me know if you object to the village's recommendation.

My name is Jackie. I'm a board member. I'm not objecting. I want to clarify. The clarification is related to all the works completed today. We have completed, we pulled the permit and closed the permit for the elevators. We pulled the permit and closed the permit for the seawall reparations. We pulled the permit and closed the permit for all the structural and non-structural corrections. We have completed today $1.3 million on works. The portion that is missing is we receive 25 pages with corrections very clearly defined and very well put together by the North Bay Village inspector, the electrical inspector, of which 59... 58 corrections needed to be done, of which 49 corrections are right now completed, 100%. And we're working on the remaining, which are seven or eight corrections. We were told to call for final inspection once all the items were completed, as opposed to go on a one-by-one basis. We are very diligent. We have been very diligent. So, I don't know how the system works, as far as the penalties. All what I can say is that we have provided all the works. We went through the extensive effort to hire engineers, to request approval from the owners, to request loans. And as I said, we have completed all the major works, elevators, seawall, structural work. reparations, non-structural reparations, all permits pull, all permits close. And right now, we're completing the electrical portion, Your Honor.

Okay. Well, thank you so much for coming. You know, continue to be in touch with the village as you move forward, okay?

Yes, ma'am.

All right. Thank you so much.

Right now, question. Are we giving the additional period a To complete the seven or eight items that we still missing on the electrical portion?

Yes, you'll have 30. You have the time that you need. It's just a matter of fines.

Well, that's an issue for us because we just represent the owners, obviously. And every time they see something like that, they really believe that we are already in debt with the city. of North Bay Village and that we will have to pay that. What I can say is we've been very, very diligent on doing our work.

This is the second hearing for them.

Yeah, I mean, just continue to be in touch with the village and continue to do to do the work, okay?

We appreciate all the help. As you can understand, some of the electrical required, shutting down the entire power. It's a lot of coordination to do with 102 owners or 102 units. But we've been doing our work. We completed all, again, is important. Everything is important, but the mayor works, structural issues, non-structural issues, the seawall, the elevators, it's all, even the pool. I understand. I understand. Please be a little patient with us. We are just a small community and we're just homeowners trying to do our best and trying to compliance. Yes.

Thank you so much for coming. Thank you so much. Thank you. Bye-bye. Bye.

Thank you. Miss Jackie, just so you know, if any of your owners have any questions, doubts, we're here. We're the public servants who serve you here. So please give them my phone number. They can call, text me anytime. We'll be happy to clarify anything or put them at ease on whatever we can do.

We appreciate that very much. You don't know. Actually, those social chats is a nightmare. I know.

There's a lot of rumors and stuff. We'll be happy to clarify anything.

I appreciate it very much. And trust me, I'm going to take on your offer.

Okay.

No problem. Thank you much.

Case number 08074. property address 1819-1855 Kennedy Causeway, owner 1819 MBV, owner LLC. In violation of Code Section 105.1 of the Florida Building Code, a new canopy roof was installed over the rear deck of the restaurant without the required permits. Inspector on this case, Orlando Rodriguez.

Good afternoon again, Your Honor. Orlando Rodriguez. For the record, North Bay Village Code Director, this case was also before you last year on February 19th. Property was ordered to comply with the violation. Property had been accruing fines of $250 per day at that point for 92 days, total of $23,000. Fines were ordered to continue for the property to comply as soon as they could. The property, as referenced before, the property has become a process with DERM of what they call consent agreement process. The last activity we reported last hearing was that DERM was under review since December. I did check the DERM portal this week, and as of 3-12-2026, the item is still pending, but it's still being reviewed. They updated their queue, so it's still in process, our recommendation. At this point, it's for the property to comply as soon as they can. Fines, as of today, have been running 120 days, $30,000. We just ask for the fines to continue and for the property to return as needed. Nobody was here last hearing. I don't see anybody here this afternoon.

Okay. I'm going to go ahead and accept the village's recommendation. Thank you.

Thank you. Just four more to go.

Case number 08558, property address 7509 Adventure Avenue, owners Joshua C. Combs and Ryan Thomas Whidbey, in violation of code section 105.1 of the Florida Building Code, commence work without the required permits, install a new roof with lights on the rooftop of the home. Inspector on this case, Orlando Rodriguez.

Good afternoon again, your honor, Orlando Rodriguez for The Village. This case is also before your last hearing, February 19th. Property was ordered to comply with the violation. Property was assessed fines of $250 per day at that hearing. Property was ordered to return today. The property was able to submit a permit application since the last hearing, which is good progress. However, they were missing several items in that permit package, so it has not been officially accepted by the building department, but they are on their way. I did get a call from their contractor, Mr. Jose Sanchez, who just wanted to call me and clarify that he was working with the owners and he was going to get everything submitted as soon as he could. So they're on their way. Recommendation at this point is for the property to comply as soon as they can. Property has been accruing fines of $250 per day since last hearing, 28 days, $7,000. We'd ask for the fines to continue and for the property return as needed. I don't know if anybody's here for 7509 Adventure Avenue.

Okay. No one's here. I'm going to go ahead and accept the village's recommendation. Thank you.

Case number 250827, property address 1801 South Treasure Drive, owner North Bay Villas Condominium Association, Inc. In violation of Code Section 151.20A of the North Bay Village Code of Warnings, we look to obtain recertification of buildings and components. Inspector on this case, Maria Tovar.

Good afternoon, Maria Tovar, Code Enforcement Officer. This property also came before you last on February 19th. It was found to be in violation and it was ordered to obtain the necessary permit to comply with the certification of the building and components. I have been in communication with Mr. Fermin at the Manning's office. They have been working to comply with this violation. They have done the parking area. They have put a permit to do the roof. They have hired an engineer to help them out on the process. But as of now, they're still on violation. So we are recommending for them to, they had no fines, but we are recommending for them to obtain the necessary permit to comply with the violations and for the fines of $250 per day to commence today until they come into compliance and come back as needed.

Is anyone here?

Yes, Your Honor. My name is Carlos Martin, General Counsel for North Bay Villas Condominium Association. How are you today?

I'm great. How are you?

We'll find out at the end of this hearing.

Any objection to the village's recommendation?

I would object to the fine starting. I would ask that they be held as we continue to provide information. We have completed since a lot, we continue to work very hard. The parking lot project is completely done now. The roofing project is now 50% done. There's still electrical certification elevators, structural and windows. The association has new engineering. They are going through the bids for these projects to give us an evaluation of those bids so that we can choose those contractors. As I described last time, the association has taken this a long time in part because the association has had to get financing through a bank and had to clear up its financial problems to do so. And it's finally done that, but it also has to spend this money wisely because it's a small community in terms of the amount of work that's necessary. We're talking in the millions of dollars. So, as I explained last time, we expect about an 18-month to 24-month construction project in tow. We would like to continue to provide progress reports every month as necessary by the municipality, but we would like the fines to be held in abeyance so long as we're showing progress so that we can not burden these owners with additional fines at the end of the multi-million dollar project, Your Honor.

Yeah, I certainly understand your position. And you've been here this afternoon and you've heard, you know, a lot of these condo associations are, you know, they're small and they're, you know, elderly folks. But unfortunately, at this juncture, I'm not able to do that. But, you know, the village is not punitive, right? So once you come into compliance, they'll definitely work with you. with respect to mitigating the fines.

Thank you.

All right. Thank you.

So are we back at another 30-day progress report then?

Yeah, let's come back in three days. All right. Thank you, Your Honor. Thank you so much.

So we are assessing fines at this time, Your Honor?

Yes, yes.

Okay.

Thank you. Your Honor, do you have any discretion as to the amount? Could it be $25 a day instead of $200?

I have discretion, but what's the compelling reason? You're doing what everyone else is doing. You're working diligently to come into compliance. What sets you apart in a significant way?

I mean, in terms of due process, generally, we don't compare due process based upon other people. It's just on our own merit. I don't know if anyone else has asked for it.

I'm asking for it just because I think the association... Well, I use the words compelling reason. Tell me, what is your reason?

Again, I know that there's a chance at mitigation at the end of this. Mitigation is usually dependent upon the amassing of fines over time. So if it's a $2 million fine, let's say, and you're trying to mitigate it, the mitigation will be usually more than if it's a $100,000 fine and you're trying to mitigate it, right? So the amount of the fine does determine the amount of the mitigation. Compelling reasons being the association has to take millions of dollars in loans. to resolve this issue has done so. We're hoping that the mitigated amount at the end is a small amount that obviously the city will get its administrative costs back. It will make its point in terms of the punitive nature that not happen again, but also that these members can live with after absorbing a 10-year loan at several million dollars.

So why won't the mitigation process resolve your issue?

Again, it's not that it won't resolve it. It's just my experience as a condominium lawyer for 20 years in Miami, and I'm sure your experience as a special master, and I think you're also a city attorney somewhere else. Yeah. I think it's North, are you actually in Miami? Euclid City. Yeah. Is that the amount that's mitigated to is a lot of times dependent upon the amount that you get to, right? So if it's a $500,000 fine, the mitigated amount would be more than if it's a $100,000 fine. So I'm trying to keep the overall fine as low as possible so when we do mitigate, these owners aren't affected as much. And also, I like to give myself points for actually asking for it. No one has asked for that. And I'm also trying to validate my $200,000 rate for my client. Right, yeah. Which, by the way, is reduced because this is a condominium in crisis.

Right, right, right. So we're at $250 per day.

And I asked for $25. Maybe we split the baby at $100.

Yes, sir.

All of our cases.

Let me hear from the village with respect to the request to mitigate. What's your response to that?

I applaud this gentleman. I think that's a great request. I totally hear where he's coming from, but it's in the code that the continuing fines, which what this is, shall be in the same amount as that that was in the citation, whatever it was. But believe me, it's...

Okay.

I totally get where you're coming from. I appreciate it.

So unfortunately, it looks like I don't have the discretion that I thought. Thank you so much, Mr. Rango, for that. So we will address this at mitigation.

All right. I do appreciate your time. Thank you so much. And I appreciate the city's patience.

Thank you. All right. Have a good day.

Thank you.

Case number 250825, property address 1865 Kennedy Causeway. Owner, Kennedy House Condominium, Inc. In violation of Code Section 151.20A of the North Bay Village Code of Warnings, fill it to attain recertification of buildings and components. Inspect on this case, Orlando Rodriguez.

Good afternoon again, Your Honor. Orlando Rodriguez for the record. North Bay Village Code. This case is also before you. Last hearing, February 19th. Property is ordered to comply. It was a violation and the property is ordered to return here today. No fines were issued at that point since it was their first hearing. I did speak with the property manager, Ms. Andres. She provided me an update. The electrical report has been nearly completed. They did find some minor items that needed to be addressed on that report. The structural report is complete and sealed as well. The property members met and they were prepping to send the report to the village. And I did get confirmation from our building clerk as of yesterday that the property has officially submitted all of their documents for review for the building officials. That's great progress. So now with that, once the building official reviews that document, they'll get to see what scope of work is needed and that the building could move forward and go ahead and start going out for bid and fixing these items. They need to be fixed with a permit. So our recommendation at this point is for the property to comply as soon as they can. We're requesting the property begin according to fines today at $250 per day and for the property to return for a status report. I believe Ms. Lorna was here last year and she's back again this afternoon.

Good afternoon, Your Honor. Good afternoon, Mr. Rodriguez.

Good afternoon. Okay.

I think that was a very accurate report of what's going on. We did submit the structural and the electrical reports yesterday to the city. We are working towards compliance. And just for clarification, in order to be in compliance, does the work need to be completed?

Yes. The official recertification letter has to be issued to the property signed by the building official.

Okay, so we're working towards compliance. We're doing, you know, we've made significant progress. I've been sitting here for a long time, so I already know kind of how this city is ruling. We would ask to not begin issuing fines today as we are showing significant progress, but ultimately, you know, it's the discretion of the magistrate.

Wait, is this a new case?

This is their second.

Oh, this is, yeah, no. So let's, yeah, just... Work really, really hard. Come back. Maybe you won't come back. Get this resolved. And, you know, the city will work with you with respect to mitigating. All right.

Thank you, Your Honor.

Okay. Thank you. Thank you.

Case number 250922. Property address 1550 Kennedy Causeway. Owner BMS North Bay Village LLC. CO-OWNER PUBLIC STORAGE, IN VIOLATION OF CODE SECTION 151.20A OF THE NORTH BAY CODE AFFORNANCES, VALID TO ATTAIN RECERTIFICATION OF BUILDINGS AND COMPONENTS. INSPECTOR ON THIS CASE, MARIA TOVAR.

GOOD AFTERNOON, MARIA TOVAR, CODE ENFORCEMENT OFFICE. THIS PROPERTY CAME BEFORE YOU LAST FEBRUARY 19, 2026. IT'S FOUND TO BE IN VIOLATIONS. in order to obtain the necessary permit to obtain the certification on the buildings and components. We had not received any permit application or any update from this property. So we are recommending for the property to obtain the necessary permit to comply with the violations And to begin accumulating fines to $250 per day until they come into compliance. And to come back at the next hearing for the report.

Okay. Is there anyone here?

1560 Kennedy Causeway.

No? All right. I'm going to go ahead and accept the village's recommendation.

Thank you.

Case number 250829, property address 1750 South Treasure Drive, owner, Forest Property Group, LLC, in violation of Code Section 151.20A of the North Bay Village Code of Ordinances, failure to attain recertification of buildings and components. Inspector on this case, Maria Tovar.

Good afternoon, Maria Tovar, Court Enforcement Officers. This property came into compliance prior to the hearing. Please dismiss.

Okay. Thank you. Dismissed.

Thank you. That's it.

Okay, Your Honor. That does it for our agenda this afternoon.

Okay. Great. Thank you, guys.

Thank you.

Good Easter. All right. Thank you. You too.

Bye-bye.

Recording stopped.