Code Enforcement Board - Regular Meeting

you

Continue to stand if you are here to testify and have to be sworn in.

For all those who intend to testify on this matter or any matter, please stand and raise your right hand. Do you solemnly swear or affirm that the testament you are about to give is the truth, the whole truth, and nothing but the truth? Thank you. You may have a seat. Do you solemnly swear or affirm you will translate from English to Korean and Creole to English to the best of your ability?

Thank you.

Do you solemnly swear or affirm you will translate from English to Spanish and Spanish to English to the best of your ability? Thank you.

Buenas tardes. ¿Alguna persona que requiera de traducción de inglés a español y de español a inglés? Muchas gracias.

Perfecto. Si se puede poner de pie, por favor.

Promete que todo lo que va a compartir el día de hoy es la verdad y nada más que la verdad. Levante la mano, por favor. Promete que todo lo que va a compartir el día de hoy es la verdad y nada más que la verdad.

Eso es.

Roll call. Mr. Keon Williams?

Present.

Mr. Ulysses? Mr. Galan?

Present.

Mr. Rodriguez?

Present.

Mr. Moshe?

Present.

Thank you. We have quorum.

Is there anybody that's requested an excused absence? I haven't gotten an email, so... Okay. I don't have anything right now, so...

What about, is he the only, that's the only board member that's missing? Yeah. Okay.

I think so, I haven't gotten an email, so I don't know if they're asking for an excused absence right now.

Okay, and if, maybe before the end of the meeting, we will probably do something. That's fine, and then we can do the next meeting. Okay, cool.

Good evening. Everybody here tonight is here because you've been cited for a violation, and you're here for the first time before the board. There's only one person here that's asking for additional time with an extension of time. When your case is called, please come to the podium, state your name, your address. If it's a corporate owner, please tell the board how you're related to the property. And the board will ask you whether you're going to plead guilty or not guilty. As you heard earlier, you will be pleading not guilty or guilty as to whether the violation existed on the property at the time the violation was issued. So you're not pleading guilty yourself personally, you're just pleading the property guilty or not guilty. If you plead guilty, the city will briefly put on its case and explain the violation to the board. The board will give you some time and a per diem. If it is a residential property and it is a first-time violator, the board can impose a fine of up to $250 per diem. If it's a non-residential commercial property, it's $1,000 per diem, up to $1,000 per diem. If you're a repeat violator, that means you've been adjudicated once guilty and this is your second time being adjudicated guilty. The board is authorized to issue a per diem fine of $500 per diem for a residential and $5,000 per diem for a non-residential commercial property. If you plead not guilty, the city attorney will put on its case. You can put on your defense and the board will determine whether you're guilty or not guilty. The fines don't start running until your time to comply has expired. So that means if you get 30 days, your fines do not start running until day 31. That's why it's important when you're done with your case, there's a paper that's at the podium. Take it with you. It'll tell you how to ask for an extension of time. As long as you ask for an extension of time before the 30 days have expired, the fines will not start running. You'll have time to continue to work until the hearing is set again. And maybe you don't have to come back because you have complied by the time you get a new hearing date. So it's important. That is very important. If not, you're going to have to deal with fines and mitigation. If you don't have a power of attorney and you're not the owner of the property or the managing member or a Florida attorney, please come and see me. Most of you have already checked in with me, so most of you are fine. The board can... in certain instances for irreparable and irreversible violations, issue a fine of $5,000 to $15,000 in specified cases. All orders of the board are appealable to the 11th Judicial Circuit Court of Florida within 30 days after issuance.

All right.

First case is on page 79, property address 729 Northwest 55 Terrace, case number 00151226, page 79.

Hello.

We're calling the to be heard first, not the extension of time.

Oh, okay, I thought you said they were. Okay, my bad.

Good evening.

Hi.

Can you state your name and address for the record?

Ray Nassir. Ray Nassir.

Thank you. And how does the property plead?

I'll try to say that again.

How does the property plead? Guilty or not guilty?

Guilty.

Guilty. Thank you.

Inspector.

Good evening. Eric and Sonosa after hours. Code compliance. They basically pled guilty already, settled the ticket. They just have to close out the permit as part of it. I just checked yesterday. The permit is now active. There's a tree removal and tree planning. I don't know where they are in the planning stage as far as if building is going to require anything more, but I'll give them 60 days to be on the safe side.

Okay. Sir, does that work for you?

Yeah, we have an unsafe on the overall property, so I'm not sure. For example, we're planting on Saturday, hopefully, and then calling for inspection next week. But as far as closing it, I'm not exactly sure if it's going to be held up by unsafe. Understood. So I'm okay with the 60 days if it's easy to do an extension, but if you tell me six months, that's like the oldest.

Sorry, did I cut you off? The city recommends 120? Gotcha. Okay. Okay. Thank you. I have a motion, please.

Just to explain, so 120 days, you may need more time. Make sure to request that extension of time.

Okay.

And keep track of both your building case and this case.

Okay. Thank you. I have a motion for... Yeah, I move for finding of guilt, 120 days with a per diem of 150 thereafter. Second. All those in favor? Aye.

Thank you, sir. Okay.

Page 136, property address 2635 Southwest 12th Street, case number 00156262.

Good evening. Good evening. Nicholas Rodriguez, 200 South Biscayne Boulevard, on behalf of the property owner, we're pleading guilty. Thank you. Inspector.

Inspector Castillo, Code Compliance, Southeast Office. At this time, the graffiti has been covered up. They have registered the property as vacant. And what is left for them to do is to secure the front of the building because they have secured the side and the rear, but the front where the stores were at, there's a broken window, which I have already, you know, he knows about that, just to secure the front because they might go ahead and try and break another window or, you know. Same thing, gotcha.

How much time are you recommending?

66?

Is 60 good?

Should be enough.

Yeah? Okay, no problem. Can I have a motion, please, for 60 days?

Yeah, motion for finding of guilt, 60 days, and this is commercial or residential?

Commercial. Commercial.

250 thereafter. Second.

All those in favor? Aye. Aye. Thank you very much. You're welcome. Have a good night.

Page 37, property address 3271 Northwest 18th Street, case number 00142384. Property address 3271 Northwest 18th Street.

Good evening.

Good morning, I mean good evening.

Good evening. My name is Eduardo Navarro. Yes. I plead guilty.

Thank you. Inspector. Good evening, Giovanni Castillo, Code Compliance, Southwest Office.

What does he need to do? He's pleading guilty.

He's actually been working with us. He's just missing one vehicle to remove from the property. Everything else has been corrected. We spoke about it this morning. So I would recommend at least 30 days to give him a little bit more time to remove the last vehicle or to have it operable.

Okay. Is 30 sufficient for you or are you thinking maybe a little bit more? Yeah, if I need more time, I'll ask for an extension. Maybe 60 days is fine? 30 is okay? Yeah. All right, no problem. I have a motion.

Yeah, move.

Does he live at the property or is it commercial?

No, no. He lived there.

He lived there.

Okay.

So I would move for a finding of guilt, 30 days with a per diem of 150 thereafter. Second.

All those in favor?

Aye.

Is that 30 or 60?

30. 30. And if you need extra time, there's a paper there. He got it. He got it.

Thank you.

Page 130, property address 1599 West Flagler Street, case number 00070395. Okay. Page 130.

Good evening.

Good evening.

Good evening. Can you state your name and address for the record?

Ana Maria Sagastegui, 1599 West Flagler, stop by, Inc.

Thank you. And how does the property plead?

Not guilty.

Not guilty? Okay. Inspector, put in your case.

All right, Inspector, can you please state your name for the record?

Inspector Torres, call compliance.

Okay, did you put together pages 1 through 41 for today's hearing?

Correct.

Okay. Okay. And when you cited them in November of 2023, you cited them for failure to obtain a CU, failure to have a business tax receipt, as well as work performed without a permit, and failure to have a temporary use permit. Is that correct?

Correct.

Okay. So that was for permits for canopies and tents, a car wash, the flower stand, which also did not have certificates of use or business tax receipts. The gas station did not have the appropriate certificate of use or BTR for the inside A grocery store, right?

Correct.

Or retail business, because they had a countertop and outside seating, right?

That case was transferred to me, so I'm assuming that initially that was the... So when it was initially cited, that's what it was cited for? At the beginning, yes.

Okay. And in here we have all of the original notices of violations as well as the summons for today, is that correct?

Correct. Correct.

And the summons for today, we have failure to obtain a valid certificate of use, failure to obtain the business tax receipt, and work performed without a permit. Is that correct?

Correct. The three violations, yes.

All right. So the certificate of use and the BTR are for what issue on the property?

For the car wash and the flower stand that they have on the corner.

Okay.

And the work without a permit? It's for the carports that it was installed in the property without permits.

The carport?

Yeah.

Where they're doing the washing?

For the car wash, yes.

Okay, as we go through these, you'll see a copy of the NOV, a copy of the summons, copies of the Miami-Dade County Property Appraiser Report, as well as the SumBiz report showing the registered agent, where mailings were sent certified, as well as the property being posted.

Correct.

All right, so here we're looking at the flower stand.

Correct.

Which is required to be permitted and have a certificate of use and to be... They have to have a certificate of use to allow them to have the stand as well as them to have a BTR, is that correct? BTR, correct. Okay. And the cafeteria at this time is okay, is that correct? Correct. And so then the other issue is right here in the back, correct?

In the back with the car wash.

These are the canopies that were put up for a car wash, is that correct?

They have some more, there's more pictures in the case.

Okay, and then we have this structure that's off to the side?

Correct.

Let me see if you can, if you all can see that?

Mm-hmm.

Yeah, okay. So those are the two violations that are still outstanding, is that correct?

Yeah, the CU, no VTR, and work without permit.

For those. And everything inside with the cafeteria and the gas station, that part's okay, correct? It is okay, yes. Okay. At this time, the city seeks to admit pages one through 41 into evidence?

Admit it.

All right. Do you have any conversations with the owners?

Yes, I have.

Okay, and what did they tell you about the current and pending violations?

Right, for the car wash, they're working on obtaining a warrant that they need for the car wash, and they are working on the permits to legalize the carports.

Okay, and that's what they told you, but they pled not guilty, but they told you they're working on complying with what they've been cited.

Correct.

All right, nothing further.

Okay, ma'am, do you understand? You pleaded not guilty, but you've been in compliance or in cooperation with the inspector.

Yes.

You can. Just state your name and address for the record.

My name is Sam Al-Ghazawi, and I'm the tenant. Yes. I came in after... You need to speak into the microphone. I'm sorry.

That's the only way it gets on the recording.

Yes. I came in. I bought the business from the previous owner who had these things. Gotcha. I wasn't aware of it. Right. The minute the... inspector yes roached me you work I I fixed I I had you all I had everything up running the only thing I have pending is that the lady for the flower shop which is she's getting it you gotta get it that's all and as far as the car wash I have life for the warrant and I am actually in touch with an inspector Harris correct and he uploaded the document He told me that he uploaded it, which has the warrant number.

Understood.

I'm waiting for the warrant. All right. And the guy who's running the car wash applied for a certificate of use, but they won't give it to him until the warrant is there. So we're actually...

So let me just ask a question. Would you want to read Would you want to re-enter your plea?

You don't have to. We'll just ask for a finding of guilt, 120 days to comply, and $250 a day thereafter.

To make it easier, we're guilty.

No, no.

It's okay. We're going to do it. We're going to do it for you. Okay?

We would like the $120.

You'll still get time to comply, and if you need more time, you'll be able to come back.

That's the only thing we're waiting for, and we're very hopeful to help us out.

Can I have a motion for 120 days guilty and $250 per day?

I motion for guilty 120 days and then $250 a day thereafter. Second.

After the 120 days.

All those in favor? Yes. Aye.

Yeah, it's 120 days. Member, day 100, if you're not there yet, go online, ask for extension of time.

Thank you very much. You're welcome. Have a good night.

You too.

Thank you, everyone. Page 111, property address 3671 Southwest 13th Street, case number 00156006, page 111.

Good evening. Good evening. Please state your name and address for the record. Nuan Horudugode, 3671 Southwest 13th Street. Thank you. And how does the property plead? Guilty or not guilty? Guilty. Thank you very much. Inspector?

Inspector Pino, Code Compliance, Southeast Office. He's been in communication with me, and he's already applied for his permit. This was from a complaint from a neighbor about the tree cutting. The permit's already in process, so he just needs some more time to finish getting his permit and closing it out.

You think of what, 120 days, Inspector?

Yeah, I'm good with that.

120. Thank you. Can I have a motion for 120 days?

Yeah, move for finding of guilty with 120 days and $150 per diem thereafter.

Second. Second. All those in favor? Aye. Aye. Thanks, sir. Thank you. You're welcome.

Page 29, property address 1520 Northwest 31st Avenue, case number 00141769. Page 29. Good evening.

Good evening, everybody. Good evening, everybody. My name is Nicolas Diaz. I'm the owner of 1520 Northwest 31st Avenue. Yes. I plead guilty.

Thank you very much. Back there. Giovanni Castillo, co-compliant Southwest Office. He has also been working with the city of Miami. Right. He just said he finished doing what he was supposed to do as of now. I haven't seen it till tomorrow or Monday. But it's just some minor storage he had left over on the property.

Okay, so what are you recommending?

I would leave 30 days.

30 is good for you? He can pass by whenever. Okay. It's correct.

Do you live there?

I do, but I do the family issues.

Is it a residential property?

Yes, it's residential, exactly.

So you live there? No. You live there? Yeah, it's residential. Okay.

Can I have a motion for 30 days? 30 days is enough? Yeah.

Definitely. Yeah, finding of guilt, 30 days and $150 per diem thereafter. Second. All those in favor? Aye. Aye.

Thank you. You're welcome.

Page 82, property address 811, Northwest 30th Place, case number 00103274, page 82.

Good evening, sir.

Last name, Eitan Gintovic, on behalf of the property owner, Patrick Little, 11419, Southwest 86 Light.

And how does the property plead?

My client had inherited the property from his grandparents who owned it since 1973. He had no knowledge of the unpermitted work and is committing to hear the violation, working to get an architect to resolve the issue.

So what is that, guilty with explanation? We'll leave guilty. Okay, thank you, Inspector.

Again, Giovanni Castillo, Code Compliance Southwest Office. I have been in contact with the property and as well as himself. They know the situation that's going on. We're going to meet at the property sometime soon enough, just to point out exactly what needs to be done. But they're in process of getting a contractor and engineer to get the process going.

Okay, and then I see here that the 2113 was void?

Correct. Okay. I have not been able to go inside the property, so I have not been able to see if there's illegal units. But there is work done without a permit.

Okay. And what's the recommendation here?

I would recommend 30 days. They can begin the process of property. Okay. Up to date. How long? 30 days to start. To start. Being that they have no permit on file yet. Okay. They can always request more time.

Can I have a motion? Yeah, motion for guilty, 30 days, and this is a residential property, correct? Yes. Correct. $150 per diem thereafter. Second. All those in favor? Aye.

You're going to need more time, so make sure you take that and just request your extension of time.

Page 45, property address 8600 Northeast 10th Court. Case number 00148187, property address 8600, Northeast 10th Court, page 45.

Good evening.

Good evening.

You can state your name and address for the record.

Michael Burrell. I'm an attorney on behalf of the property owner, Phyllis Carlin.

Okay, and how does the property plead? Guilty or not guilty?

Well, I was actually trying to, I did it late, trying to see if we can get an extension. before entering a plea. We're in the process of trying to sell the house.

The buyer's gonna basically be taking care of the pool and the... Well, for this part here, there would need to be... I mean, we could find you guilty and then give you the time that you need, but something for the record.

I thought we could do, you know, the continuance.

Yeah, you can just say... We don't generally...

They don't do continuances once you're set for hearing.

Right.

I got you. It's just a hearing at this point because they've already had time to comply. And getting ready to sell it is not a reason to continue it. I get what's going on, but then the new owner is just going to have to pick up where they left off.

Right, and we are speaking with a serious buyer, and he is willing to take on the task. It's almost a little cleanup task.

It's a failure to maintain in the facade. That's what's remaining on it. And the window. Yeah, the windows.

So not guilty.

I mean... Yeah, if we can have a not guilty with some time.

Well, no, no, no. We'll prove our case and then have the property found guilty. One way or another, there's a hearing today. You can either plead guilty or we'll put on our case and they'll determine whether or not the property's guilty or not guilty.

The property's guilty, so we'll... Say no more. We'll help you out here. Inspector?

Inspector Bailey, North Team. The property is, they have standing water in the pool. I don't know if the pool has been drained at this point.

Not yet, because it's a whole process. We're not allowed to put it in the grass or in the sewer. Yeah, just one second. Hold on.

The case was initiated by Miami PD. We went out, my supervisor, myself, we did notice that there was a tent near the pool. The windows were out in the front, boarded up, standing water in the pool, green water. I did make contact with the owner a couple times. She's elderly, she said she needed some help. We gave her a link to get some assistance. I don't know if she qualified for that, and then I kinda hadn't heard from her since. The last time I went to the property, The violation still stood. The outside storage was cleaned up, but the area by the pool is still the way it is. Okay.

How much time are you recommending for what they need to do?

I mean, they have to drain the pool, so I would give them 120 days because the owner is elderly. Okay. And we made note of that.

Is the pool area secured? It's fenced off?

You have to physically walk up into the yard, go down the little stairs, so it's like in the front of the yard.

Is it behind a fence?

It's behind a gate, yeah.

Right, that's what I'm saying. It's locked in.

Yeah, it's locked in.

Yeah, that's all I was asking.

Yes, it is.

City recommends the 120 so they can go ahead and get that processed.

And luckily she has help now.

Gotcha.

I'll motion for finding of guilt, 120 days and $150 a day thereafter.

Second.

All those in favor? Aye.

Thank you. Thank you. You're welcome.

Did you get the piece of paper?

Page 34, property address 432 Northwest 32nd Court, case number 00131647, page 34.

Good evening, sir. Good evening. Please state your name and address. Wilfredo Vasquez. Okay. And how does the property plead? Guilty. Thank you very much, sir. Inspector.

He's coming. Did he say guilty or not guilty? Guilty. Oh, okay.

I would have to know.

Please state your name and just let them know what's going on in the property, how much time he needs.

Yes, Roberto Martinez called compliance. Basically, they do remodeling on the house, which includes windows, doors, addition, aluminum fence, and other work conducted on the property without permits.

How much time are they going to need? What is he done, and how much time do they need?

Well, during the process, he showed me that they're working on getting the plans to start getting the permit process.

I would start with whatever time you're allowing, 90 or 120 days. The city recommends 120. They are in the permitting phase. Okay. Thank you.

Can we get a motion for 120 days? Yeah. Move for guilty with 120 days and $150 per diem fine thereafter.

I'll second. Second. All those in favor? Aye. Thank you, sir. Thank you. Okay. You got the paper, right? Just in case you need more time. Sir, you got the paper. There you go. Thank you.

Okay, this is an add-on from last week for a special appearance. Property address 2512 Northwest 12th Avenue. Case number CE-2008-001440.

I actually have my booklet in the car because I kept it. All right, good evening. You state your name and address for the record.

Hi, my name is Elda Perez, and my address is 10628 Northwest 54th Street.

And who's with you today?

My realtor. Okay, gotcha. 10628 Northwest 54th Street in Doral. Right.

And you're here for the property 2512 Northwest 12th Avenue.

Okay, the thing is, I own the house on 10628, which I'm in the process of selling. Yes. And under my title... A lien came up on this other property whose address I don't even know because I have nothing to do with that property. I've never owned that property. Yes, but somebody who owned your house on 54th Street in Doral, you still own the property. Until nine years ago. It's my ex.

Yes.

And apparently he bought it. and sold that property after we were no longer together. So I have no idea how that has come up, affecting me now and myself of my property when I didn't even know about the existence of this property.

Now the city requested that the title person be present as well. Because we don't understand why that person doesn't own this property anymore, so I don't understand why they're saying it's affecting Your property. I mean, I don't understand.

Apparently it came up. She's my realtor, so she could probably explain that part.

No, but where's the title person? I'm sorry? Did you request from the title company to have somebody here? That's what we told you last time.

Yeah, last week we said title. I wasn't here last week. It was my realtor that was here last week.

She's aware. We requested that with the gentleman that was here.

Good evening. We understood, we were under the impression that you needed the person who had interest on the property to be released to be here. I don't have access to the title company because it doesn't affect us. It belongs to the buyer, so they have no jurisdiction on her property.

I don't know what that means. That was one of the requests, though. It was also to request a title person because we have no clue on why there's a crossing. We have no reason why.

exactly explain it so um i have the title work here that shows the lean under enrique hernandez which is not on have you given that to so i i you showed me the title commitment last week and i reviewed it and i was very clear with you and i said that if there's an issue with the title commitment whether it's a dispute as to a condition on schedule b of your title commitment The attorney handling the title who is getting the title insurance issued needs to deal with that with the title company. So if your contention is that somehow this exception on the title policy is incorrect, okay, you guys need to deal with getting rid of that off the title commitment if that's a condition to close. I don't know the details of it, I really don't. That's between the attorney that's handling title, the attorney that's being insured with that title being issued, and whoever's issuing that title policy.

The underwriter says that we need to clear to get a special release for this. The same thing they were doing in a property in Miami-Dade that has the same situation, was under his name, and doesn't belong to him anymore. They are doing the release, a special release, to allow the sale of the property that she owns that has nothing to do with the gentleman. One second.

Madam Attorney.

Mm-hmm.

But did that come from the underwriter or did that come from the... There's a difference because...

It's complicated. I received an email from Vivian Rivera. Mm-hmm. a paralegal from a miss riviero's office in miami lakes um here's what it says our office represents miss elder perez and connection mr enrique hernandez the seller's former spouse previously appeared on the title to the subject property which has resulted in a cloud on title we understand that mr hernandez owned the property located at this this property address which was foreclosed in 2014. There was a recorded lien recorded against Mr. Hernandez in connection with that. Mr. Hernandez visited the city yesterday in an effort to address this matter and mitigate the fine. Is it our understanding that the lien is no longer associated with him since he is no longer the owner, which is not true? We kindly request any written confirmation that it was released. My response back, and I copied also your attorney so that he would be aware. And we never received anything back, by the way, from this attorney, which was Mr. Hernandez and a real estate agent were present last night at the code board meeting. The violation and lien were issued when Mr. Hernandez owned the property. All code liens in the state of Florida are in rem and in personam. Even after Mr. Hernandez went through the foreclosure, the lien was not extinguished as it predated the foreclosure action, and the violation remains outstanding. The lien remains in full force in effect against Mr. Hernandez in name, and it remains with the violating property address. The property was purchased in 2006, and the foreclosure was in 2014, and then I gave the certificate of title with the new owner's name. The city was informed last night by the real estate agent who said she represented, but had no power of attorney, a woman who once owned it. At first, it seemed they said the violating, they own the property in violating, but I'm guessing the Doral property with Mr. Hernandez. That woman, whose name is Elda Perez, did not show up at the hearing last night, and no one had a power of attorney to represent her, nor was an attorney there on her behalf. So I'm not sure how anyone expected anything to occur at a quasi-judicial proceeding without having legal authority to proceed. As stated before, the lien is an impersonum lien against the person of Mr. Hernandez and an in rem lien against the Miami property. I do not know what legal theory exists that keeps an impersonal only lien on a property that has been sold. No one ever told Mr. Hernandez he was not responsible for the lien. That just never happened, and I don't know why you were told that. And then I stated I copied the board's attorney, who does a lot of real estate in his private practice. The matter is reset for June 4th so that they can be present, and they were both told that. And I let them know, this attorney know, Ms. Riviera know, it was set for today at 5 o'clock. But they're certainly not here. I don't know if you ever spoke with, this is her. Can I ask you a question? And it was only the paralegal that was emailing us. The attorney never responded.

Let me ask you a question. Have you dealt with the attorney? Because my experience with a lot of this is that the paralegals do everything and the attorneys don't check any of this.

Actually, this is the attorney representing her, not representing the buyer of her house.

Right, but only the paralegal communicated with us. We never heard from your attorney. She never responded to the emails. That's my question.

Is the attorney personally involved and have her hands on the file like she's supposed to?

Yes, yes. Actually, when you wrote the email back to Ms. Rivera, it was saying there that nobody had a power of attorney to represent Mrs. Perez, and that's the reason she's here. Because you told us that she needed to be here or we have a power of attorney to represent her interest. She is not the owner of the property and that's why she came today to request not the violation to be extinguished or the lien, but just to get a special release so we can sell her property. And this is going to continue to stay on this property that has the lien. As far as we understand, the violation has been corrected, but it's under Raul Tapia's name. I don't know.

Okay.

No? The violation is open.

Go ahead.

You had a question.

No, I just have a question. Is there any issue with doing a partial release just on the Doral property?

You can do whatever it is you want. I don't know what good any of that's going to do for them because we will not be giving the violator, the in persona name is Mr. Hernandez. He would certainly not be getting... a partial release you can give a put a partial release for her name if that's what you want to do yeah that's all we're asking us to do it would not be for his name and the only reason why they have a an issue is for his name so you know if they think that that's going to help them that's up to you to decide to do i can certainly draft that document and and have that you know, sent to them tomorrow.

And just for the board's edification on issues of partial release. Yeah. Historically, there was, the city was allowed to take a position on the partial releases, sort of evolved to where the city takes no position whatsoever. Right. And the only thing we advise you as the ultimate decision maker is the balls in your court We'll do what you say, but we can't take a position one way or another. Right.

And the code does say that a violating party is not entitled to a partial release, but we've still had boards issue partial releases. Again, I think this is purely your decision to make.

I got you. Would the partial release be asked to the individual? Just her.

No, it would just be for an individual. The property in Miami remains with the lien. It would just be her name.

And the address of her property in Doral.

I don't know that that helps her, but... Because the position is that there will still remain the name of the male individual. Yes. The gentleman that was here, it still stays in his name.

It would still stay in his name. Yeah. Yeah.

Would that suffice for a title company, a city attorney? Who knows?

You don't know?

I don't know. Here's why I asked a very important question, because I have real bad experiences with these things. Title companies give paralegals these files and let them run with it. Sell them to attorneys, and I know some that do this that actually have control of the file and they actually respond to these things. And the email to Ms. Dooley should have been responded to by the attorney, not the paralegal. And I'm not putting anybody down. Actually, nobody responded to me. Well, I mean, that's even worse.

The paralegal wrote it, but her attorney nor her attorney's paralegal even responded.

That's even worse, right? But the point is that usually when you have these issues and you're trying to get it done, the attorney usually steps in because the attorney has, one, the ultimate authority to talk to the title insurance company. and argue about what exactly they need to satisfy those conditions so that they can issue that title insurance policy. Because all this is is the insurance company satisfying itself that if something comes up, they'll be able to take care of it and their financial exposure is limited, their risk is limited. I don't know if what you're asking for is going to resolve it. I am not here to give you advice. I am just here to tell the board, listen, the ball is in your court. Do what you think needs to be done.

Mr. Hernandez had a property in Miami-Dade, which I personally sold back in 21. And for some reason, there are liens on this property still under the new owner. and Miami-Dade is issuing a release, a partial release, so she can sell her property because also is showing on her title.

Do you have a copy of that? Yes.

Do you know why it's showing on her title? Was it because of the marriage?

Well, she owned the property in Miami-Dade.

Yeah, the problem is that she owned the property in Miami-Dade. The title commitment, if I recall correctly, simply makes reference to the book and page number. It doesn't make reference to her personal name. It doesn't say, I need a release as to this person. It says, I need a release for this book and page number, which I don't think you can do. But again, I would hope that somebody would have picked up the phone and called the title insurance company and the underwriter and clarified Schedule B with them. But It's not my file.

And it lists her name on the book and page in that file.

I don't know. That's the problem.

Usually... Yeah, I've seen it. It doesn't have anything to do with us. Okay. So... What the county does doesn't have anything to do with the city.

Okay. So, at a minimum, the name and the address of the Doral property, I don't think it hurts us to do it.

Yeah, I just want to make sure that any partial release as to Ms. Perez would not jeopardize anything on the subject property. No, no, it remains on the property.

That's what it says.

Right.

So what it would say was, what the partial release will say, will say, Elda Perez, you know, release this property from anything that has to do with this book and page. That's it. And then it will say, for that other property, shall remain in full force and effect against that guy's name and the property.

Okay.

Okay. That's what it'll say. It'll have two paragraphs to it. The first paragraph will release her and that property, or her name. I don't know that that does what they think it does, because I don't even think this problem exists. I think this is made up by a title agent who doesn't know how to read what liens are and doesn't understand the difference between in personam and in rem, but that's just my opinion.

So maybe if the city attorney thinks it's right that they speak to the title company first and ask if this special release would actually do anything, satisfy their...

I don't think they'll know how to answer that question. They're going to go, I don't know. I'm just being honest with you. You can go ahead and grant it, we'll do it, because it's the only one they're going to get from us. We don't do any other kind of release.

Right, I mean, I don't see any harm in it, correct? It doesn't jeopardize the city's position in any way or the lien or anything like that.

No.

And so they can see if it works for what they need. And if it doesn't, then they can.

She's not the violator for the city of Miami property.

At that point, then they'll have to. It's beyond us. We just won't hear it again. Okay. I don't mind taking a motion on this.

So you want a motion to do a partial release for Elda Perez and the property located at 10628 Northwest 54th Street, Doral, Florida. from the book and page recorded for CE 2008-001440 at 2512 Northwest 12th Avenue.

Yes. Yeah, so moved. Second. All those in favor? Aye. Okay.

I just need them to come over here and write on a piece of paper their email addresses.

Give her your email address. Thank you. We hope that helps. Okay.

What will happen is it'll get drafted tomorrow morning. I'll send you a copy. You can look at it. Say it's, you know, at least make sure the information is correct as you want it for that Dural address, for the legal description stuff, make sure that's fine. And then I'll send it to our clerks who are right there, and they're really good at sending it out. So they would probably send it to recording hopefully sometime tomorrow. I'll be sitting right back here tomorrow morning for unsafe structures, so I'll be here.

Hopefully that helps.

Yeah, and probably hers too.

Next case.

I have another case. I have a few representatives, but they have no standing, so Jose requested that they be heard in absentia. Page 26, property address 3496 Northwest 7th Street, case number 00140828.

Oh, so they don't have no power of attorney?

They don't have standing?

They don't have, these are the tenants. They told me that the landlord was on his way. The landlord's not here. They don't have a power of attorney, so it's in absentia. Well.

So we're already up to our absentia, so we can just start hearing these.

Yeah, yeah, go ahead.

And then if you want to hear from them after we're done presenting, you can.

Well, let's present first, and then let's see if we have a translator.

All right, for 3496 Northwest 7th Street. Inspector, can you please state your name for the record?

Yes, Roberto Martinez, co-compliance. Hold on.

Did you put together pages 1 through 58 for today's hearing?

Yes, that's correct.

All right. The property was cited for work performed without a permit, and that's for awning and a concrete slab. Is that correct?

That is correct.

And you sent the notice of violation to both the name of the owner who's on the property appraiser website, as well as the SunBiz report showing the registered agent. Is that correct?

That is correct.

And within pages 1 through 58, we also have the copies of the NOV that was both certified mail to both parties and posted at the property, as well as the summons for tonight that was mail to both parties certified as well as being posted at the property, correct?

Yes, that's correct.

All right, we have the USPS confirmations as we're going through these. We'll get to the pictures. So we have, there's no current permitting on the property, is that correct? That's correct. There's certainly no recent permitting been done, and nothing in Laserfiche that showed the awning or the back slab was permitted, correct?

That is correct.

So in this case, what we're talking about is, as you can see from the right here, you have concrete that goes all the way to the property line, is that correct?

That is correct.

And that's not allowed because it's within the five-foot setbacks. There has to be at least grass for that five feet, correct? That is correct. All right, and as you can see, it goes all the way that way. All right. Well, actually, on this one, it might be able to, because it's commercial, but you still have to be permitted to do that, correct?

That is correct. I want to correct myself.

And this is the awning?

Yes, the awning, which has also signs on it. I believe the last person I talked to told me that they removed the signs, but it's still...

Right, so the awning needs to be permitted, and so will the signs. Even though they're just banners, they're going to have to have a permit to put the sign up, correct?

That's correct.

Okay. Which they can get, they just need to legalize it.

Correct. All right. There's also other issues on the property, which is another case.

So we're not going to go to that one. We'll just stick with what's right here before us. All right. At this time, the city seeks to admit pages 1 through 58 into evidence.

Admit it.

All right. Any contact with the owner or any permits, anything being done right now to bring the property into compliance?

I've spoken to him, I believe, once, twice.

Who's them? In a few months. The tenant or the owner?

He was the owner. He didn't know, and I explained to him what he needed to get. I haven't heard from him since.

Okay. Okay. At this time, the city rests. As for a finding of guilt, the tenants are here. So I'll leave the time for compliance up to you, but $250 a day after.

Okay. Can we, I just want one person to speak and you're going to translate for them.

So I believe translation is no longer needed as one of the tenants that speak fully English and they would like to express themselves.

Okay. Can you?

Hi. Good evening.

Good evening.

Thank you for your time. I'm here on behalf of the tenants. Okay. Do we have one thing that we would like to request? Your name. Can you give us your name? Oh, I'm sorry. My name is Eliana Thorne.

Okay.

We would like to request for the concrete slab to be added to the address because that folio number is addressed to three addresses. So the tenant that's here is for the address 3498. And the concrete slab belongs to that address, not the owner's address, which is 3496. So if we can put that violation under that address, that's what they're requesting.

Let me see.

Go ahead. The actual address for the property is 3496.

Correct. The lot is under 3496 and it has three addresses, 3498 and 3498.

Right, but it's, well, those are created addresses. That's not.

But they're on property search.

Yeah, but that, it's all one folio number.

Yes, unfortunately.

That's how that works.

Yeah. Yeah.

Instead of three folios, it's one folio.

It's all one folio. I'm sorry.

If I may add, that property, which is in another case, the landlord subdivided the property. It was supposed to be two businesses. There's four.

Right.

So they subdivided illegally without permits. So that's why the confusion in the issue is. So this is one property.

They may be giving you different addresses, but the address for the property is 3494. You can see right here.

You only have one address under this folio.

3494 and 3496.

3494.

But the violations under 3496.

Right, 3494 and 3496 are the two addresses because those are the two legal addresses. There are no other addresses for the property. That's the one folio number.

Is that correct, Inspector? So 3498 is not there?

Doesn't exist.

Well...

Let's look.

I saw it on property search, all three.

It's all part of the same folio. It's going to be on the property because it's all the same folio.

That's why we're trying to come here for it. That's why we're here.

It is. It's all on the same property.

It doesn't matter. The address itself won't matter.

It's the folio.

I mean, I'm interested now. Now we're in it. I know you want it to be done sooner, but I, you know.

So the tenant is here to comply. He would like to know what we need to do.

But I don't think anybody has an objection to the 120 days, whatever time, but you can tell them what they need to do.

We'll give them 120 days.

Well, there's a couple of issues here. The main issue in my case here is that the permit for the yannis and the concrete slab on the rear. Now, there's another case for, because again, the landlord... subdivided the commercial property from two to four suites. And that's where the issue, that's why they need to legalize that as well. So it's confusing, but it's just an issue there. And that's why I believe one or two businesses there, the CEO is going to be revoked because they're illegally in a location where they're not supposed to, doesn't exist. So it's, yeah.

Let's go to the first one. I guess we can do the first one. It shows three addresses there. Is it say three addresses? It's all one folio.

It's all one folio. So everybody's responsible for everything on there. unfortunately yeah that's what i told him yeah so like so when you get one thing you have common elements right so you're all responsible for your common element um if one of the other bays had something else you know now just because the county has given you a few addresses doesn't mean they're legal we get properties all the time that says oh on this one and that one and you're like yeah You're not allowed to have a second unit here. Oh, but I have apartment B that doesn't exist. Um, people can go and put in second meters and they go, see, I got a meter. That doesn't mean it's a legal address. So it does, it does happen. And that stuff needs to get taken care of, but you have a good inspector to work with. And, um, Just try to keep in mind that if you guys need to come back, you need to have a power of attorney from that property owner or they actually need to...

They're here, actually. The owners are sitting here.

Are they here? Yes. Then we're not in absentia. Where are they?

I thought they said they were not here.

Where's the interpreter? They're not here. I was going to say the owner's not in this building, right? I apologize.

Yeah, that's what I was under the impression. Yeah, I was under the impression that they were the owner. Gotcha. Let's go ahead and move forward with the motion for...

So we'd move for a finding of guilt and absentia, 120 days, $250 a day thereafter.

Gotcha. So moved. Second. All those in favor? Aye. Aye.

Thank you. Thank you.

I don't have anything else. Okay, so I'll move to the... The absentias.

How many you got?

Well, hold on. I got to do my little circling. Page 16 is a reset. The owner had a family medical emergency.

7, 8, 9, 10.

Nine.

Nine.

Can I do it in 10 minutes, what do you think?

I hope so, let's go. All right.

Inspector Smith, you better start running. Page 10, 1700 Southwest 24th Street, 00152112, but now I gotta be able to find it. Okay, here it is. Inspector, please state your name for the record.

Laquita Smith, Southeast Office. Okay, did you cite the aforementioned property for a work form without a permit that is for the driveway? Yes.

All right, you put together pages one through 26 for today's hearing?

Yes.

And in that include the NOV that was sent certified mail to the owner, the property was posted, the summons that was sent certified mail and posted, including all of the USPS information. And then we have the photograph showing before and after in terms of a two-stripe driveway. To a, let me get there. There we go. Two stripes to this, is that correct?

Yes.

No permit.

No permit.

All right, any contact with the owner?

Yes.

What'd they say?

He said that he will be getting his permit and doing what he needs to do to come into compliance, but he's disabled.

Hold on a second. There's two for this address, isn't there?

Correct. He did pay. All right.

So I am actually calling up. This is actually page 40. This is actually page 40, which is 2115. Sorry. All of a sudden I was like, wait, this isn't the trees. And then I realized there's a page 40. So for the driveway, right? All right. So they, have they pulled any permits, done anything to do come into compliance?

Um, he, he started the process on both. So one for the tree and then the other for the driveway. And then he did make a payment for the tree that he, um, okay.

And when did they start the permitting process in March? All right. Did they, did they know about tonight's hearing?

Yes. Okay.

So at this time, I think I already admitted the evidence, right? Not yet. It's actually page 40, 0152115. The city would ask for a finding of guilt, 30 days for compliance, which would give them time if they communicate with the inspector to request an extension of time, and $150 a day thereafter. So moved.

Second. All those in favor? Aye. Aye.

All right, let's go back to their other case. Whoops. That is page 10, the other 1,700. Where is it?

Hold on. 112. All right, we're going to have to pass that one.

You were supposed to add that in. Remember, you didn't add it. It was added. Both of them was added. Okay, see look, we have two cases here. That's it, not there. See if you can. We'll pass or reset on that one if we have to, but right now we'll pass page 10. Page 12. Okay. 15 Southwest 41st Avenue, Inspector Torres, 000-84428. Inspector, please state your name for the record.

Inspector Torres, go complaints.

All right, did you cite the aforementioned property for, let's see, a whole lot of things, but what's remaining is it's a non-conforming parking lot, no CU, and no warrant, is that correct?

Right, right. Initially, the property, it is a vacant lot, and they're using this property as a parking lot.

Okay. And so you put together pages 1 through 72 for today's hearing?

Correct.

You sent both the NOV and the summons for today to the owner of record, as well as the registered agent pursuant to Sunbiz certified mail, as well as posting the property for each event. Is that correct?

Correct.

You have proof of that here. Your affidavit is compliance, copy of the property appraiser report, and here's, I think this says it all. So this is the parking lot that's being run. Property appraiser gives you great pictures sometimes. There's no permits been pulled to turn this into a parking lot?

No, it was my understanding by the property owner that they were trying to do unity of title because the property next door belongs to the same owner, but we work together, but we haven't received anything. But they haven't done anything yet? Right, so they haven't done it.

So they're using this as an adjacent lot to their building?

Correct.

Okay. At this time, the city seeks to admit pages one through 72 into evidence. Admit it. Evidence having been admitted, city rests as for finding of guilt. Three days, $250 a day thereafter.

So moved. Second. Second. All those in favor? Aye. Thank you.

Next one's going to be Inspector Martinez, 3151 Northwest 2nd Avenue, case number 00148277. Spector, did you cite the aforementioned property for failure to register a vacant structure as well as failure to maintain the lot?

Good afternoon. Roberto Martinez, school compliance. Yes.

Okay. You put together pages 1 through 39 for today's case, and you sent both the NOV and some uncertified mail to the owner of record, which is an estate, and you posted the property of law. Is that correct?

That's correct.

And you have your proof of mailing and your affidavit of posting, a copy of the property appraiser report. And this is the property itself, which is overgrown, vacant, and not registered. Is that correct?

That's correct.

At this time, the city seeks to admit pages 1 through 39 into evidence.

If I may add, the property owner passed away. Right, I know.

It's an estate. Yeah, it's an estate. This was on page 122. I mean, sorry, 22.

You said admit it, right? Yes.

All right, at this time, the city seeks to, evidence having been admitted, city rests, asks for a finding of guilt. Three days for compliance, $150 a day thereafter.

We know if like an estate's been opened or somebody's like in charge. Do we know if there's like an administrator for the estate?

I haven't been able to find an estate or anything there.

Okay.

And nobody's been responsive.

Nobody?

Yeah.

All right. I move as stated. Second. All those in favor? Aye.

Wait, I have to read. Is it under your name? Where are you? There we are.

All right, we're gonna go back to page 10, 00152112.

Property address 1700 Southwest 24th Street. Inspector, please state your name for the record.

Laquita Smith, Southeast Office.

Okay. You put together pages 1 through 31 for today's hearing?

Yes.

Initially, you issued a ticket for the removal of two trees on this property without a permit. Is that correct?

Correct.

Was the ticket appealed?

No, he paid.

He just paid the ticket. Yes. Okay. And then as part of any ticket issued, they are required to go ahead and obtain their after the fact documents. uh, mitigation permit if necessary. Correct.

Correct.

All right. In this case, have they done that as of yet?

No.

All right. So pages one through 31 include the ticket that was sent certified mail to the owner as well as posted on the property. The owner paid. So they are aware of the ticket. Here's the summon sent to the same party. Is that correct? Certified mail and posted. We have the proof of mailing, um, At this time, have you had any contact with them other than emails?

No.

All right. It looks like they pulled a new construction permit, but nothing for trees. We're not here for the trees themselves, but that's where you can see where they're missing. All right at this time the city seeks to admit pages 1 through 31 into evidence a minute evidence having been admitted city rests As for a finding of guilt, what do we give on the last one was that 30 days? Okay, so 30 days 150 day thereafter All right inspector Martinez page 24 3 1 2 Southwest 32nd Avenue K00139737, again, page 24. Inspector, did you cite the aforementioned property for work performed without a permit outside storage of miscellaneous materials and failure to maintain the lot? Is that correct?

That is correct.

All right. And actually, we're not moving forward on 2108. We're just moving forward on 2180, correct?

That's correct.

Okay. So just two of them. Because the other ones are repeat. The work which was done was the relocation of the meter box and other electrical and plumbing work. Is that correct? That's correct. Have they done anything to come into compliance?

Nothing.

All right. You sent the pages from pages 1 through 35. You put together and sent certified mail, both the NOV and the summons, to the address per the property appraiser. Is that correct? That's correct. You have your proof of mailing. You've attached iBuild for permitting. And we have our photographs as well. to show the property, which is an apartment building, and here we have our meters. Is that correct?

That's correct.

All right. And you didn't find any permits for our new meters?

No permits. Okay.

This time, the city seeks to admit pages 1 through 35 into evidence?