Code Enforcement Board - Regular Meeting

Please continue to stand if you are swearing in and testifying on behalf of a case today.

Please stand and raise your right hand. Do you solemnly swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. You may have a seat.

Yep. One interpreter is here.

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

Thank you. Good evening. Is there anyone in this room who can speak English well? Who needs help with English? No? D'accord. Merci.

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

You have two. Roll call.

Mr. Keon Williams.

Present.

Mr. Ulysses. Present. Mr. Galan.

Present.

Mr. Javier.

Present.

Mr. Moshe.

Present.

We have quorum. Thank you.

Before we begin, I think it was two more individuals in the back that raised their hand for the translator. Yes? Did you raise your hand for the translator? Ma'am, those two? Did you swear them in as well? Okay, just want to make sure. I mean, yeah, because I only saw them two. So let's make sure we get them as well.

Thank you very much. Oh, three. Thank you. Good evening.

Everybody who is here this evening is here for the first time, which means that your violation will be heard by the board for the first time. When your case is called, please come up to the podium and state your name and your address. The board will ask you whether you're guilty or not guilty. If the violation existed at the time that the notice of violation was issued, you could plead guilty because the property is guilty. And when I say that is that you're not personally pleading guilty, you're pleading your property guilty. You can always plead not guilty. Either way, if you plead guilty, the city attorney will put on a brief summation of the case. The board will determine the amount of days you need to comply and will issue a per diem violation if you don't comply by that date. If it is a single-family residential home or residential property, it's $250 per diem and $1,000 for non-residential. That's for a first-time violator. If you're a repeat violator, it's $500 per diem for non-residential and $5,000 per diem for non-residential. I apologize. If you plead not guilty, the city attorney will again put on the case. You'll put on your defense and the board will determine again how many days you need to comply and will issue a per diem violation if you don't comply by that date. If you need additional time, there's a form there at the podium you can take and it'll tell you how to ask for additional time. It's important that you take that paper because the fines start running if you don't comply by the date that the board gives you. So for instance, if you have 30 days to comply and you're at 20 days and you get into a point where you're not going to be able to comply, and you ask for additional time, the fines won't start running. But if you don't ask for additional time, the fines will start running on day 31. So it's important to take that piece of paper and ask for additional time if you need it. All orders of the board are appealable to the Miami-Dade Circuit Court within 30 days.

Okay. Page 26.

Oh, one second. Can we get a, board members, I need a motion for an excused absence for our board member. Alicia is here.

Yeah, I'm so moved. Second.

All those in favor? Aye. Thank you. Thank you. And what was the page again, Alicia? I'm sorry, I cut you off.

Page 26, property address 2642 Northwest 23rd Court, case number 00044. 797, property address 2642 Northwest 23rd Court.

Good evening, sir.

Hi, good evening.

Please state your name and address.

My name is Rocio Garcia. I'm on behalf of my company and my partner, Galicia Financial LLC.

Gotcha. And how does the property plead?

I'm sorry?

How does the property plead? Guilty or not guilty?

Oh. I'm assuming I'm guilty because I just acquired a property. Gotcha.

The violation were made before. Okay, no problem. We'll get you some time here. Inspector?

Good evening. Inspector Troutman, North Office. We spoke before we determined that the property is guilty, primarily because the property was paved without a permit. So we had that conversation and he discussed the legalization process. and possibly selling the property.

What's going on right now?

So on this property... You just need to know what do they need to do and how much time to start. Yes, so what they need to do is they need to remove the paving. They did work without a permit, but their property is split, so it's two folios. So initially, those photos were for the entire structure. So one folio is just for the paving. of the property. This one is for the removal of the landscaping. Yeah, the second part is just for removing of the landscaping.

So for this one in particular, what do they need to do?

Get that concrete pulled up? Yes, they need the concrete pulled up with a permit, a driveway permit.

120 days to start?

That's perfect, 120 days.

And it's a rental? It's not occupied, though, right?

It's vacant.

So you don't live there, obviously.

The property's vacant, and I just wanted to sell all the houses because I never bought it. I acquired it through a loan. And the person who did the violation was before me. Gotcha.

Right. You're still required to fix it. So whoever, yeah. So keep on top of it.

I'll try to sell it as it is. Okay. I'm not in the construction business.

Was this residential?

It seems like it is.

Yeah, I see it's T4R. Yeah.

Does the city have any objection with 120 days?

No objection.

Okay, so then I would move for a finding of guilty with 120 days and $150 per diem thereafter. Second.

All those in favor? Aye. Thank you. You have 120 days, sir. If you need more time, there's a paper to request an extension. Yes. Thank you very much, okay? And make sure you keep in touch with your inspector, okay? Okay.

Page 21, property address 2631 Northwest 23rd Court, case number 00044800, property address 2631 Northwest 23rd Court, Olga Calvaro.

OK. Is this the interpreter? Yes.

OK.

Thank you.

OK.

Mr. Interpreter, what's your name?

Luis.

Luis? Okay, so here's what I want you to do for the board. When they speak, you will listen to it, and then you will just translate it directly to us, okay? Only because this is being recorded, and so we want to make sure that we're getting it in real time and not an interpretation of what they said, like what they're saying in real time, okay? I appreciate you on that.

And just pull the mic, yeah, over to you and speak directly into the microphone.

Thank you. Can you have them introduce themselves and their address?

Yes.

Here's how this works, sir. Mr. Interpreter, you ask her her name and her address. Then you will translate to the board her name and her address And the address obviously in English, not in Spanish on the record. She's not speaking on the microphone. You are. Okay. Got it? Yeah, because it's recorded. So that's what we need to have.

Understood. Maria Clavero is her name. And the address is 2633 Northwest 23 Court. Thank you.

And how does the property plead? Guilty or not guilty? Not guilty. Okay. Okay. Inspector, put your case on.

So I'll go slowly. I'll speak slowly while we go through it because they pled not guilty. So if you need me to slow down, just say, Rachel, slow down.

Okay.

Inspector, can you state your name?

Inspector Troutman, North Office. No, I'll be asking you the questions.

Yeah. They pled not guilty.

Okay.

All right.

Did you put together pages 1 through 54 for hearing?

That's correct. And you cited this property...

for work without a permit and illegal units. Is that correct? Correct. Are both those violations still outstanding? Correct. Okay. So, as you can see on the monitor, you cited the owner with the notice of violation. Okay. And the summons was sent to the owner certified mail as well as posted at the property, is that correct? Correct. Copies of all those notices and postings are in this file, is that correct? Correct. All right, we have the property appraiser report, the deed. Yes, correct. Affidavits, receipt of mailing. We go through them. Is this the property in question? Correct. All right. Is it a duplex? It is a triplex at the moment. Okay. And this is the back of it. Is that correct?

No.

A few pages down. That's the back of it. Okay. So this is the back of the property which has an awning in the back?

Yes, correct.

Okay. Is that awning permitted? No.

Okay.

Does that awning require a permit? Yes. It is attached to the roof, correct? Correct. As we go through the pictures, you can tell what else is going on with the property.

There was a renovation in addition to the rear of the property.

Okay. Is this part of the addition here? That's correct.

All right.

We have this other awning.

That's a new door.

Okay, and we have a door, and then we have the next door property, is that correct? That's correct. So we don't even have five feet between the neighbor's property and this property. That's correct. But we have an opening. Correct. Did you see any permits for this?

No.

Here's a copy of your posting. That's not part of this one, is it? All right, there we go. We'll remove page 36. And this is the property itself. It also has these awnings in the front, is that correct? That's correct. And those require permitting if they're allowed, yes? That's correct. All right, did you find any permits for any of these?

No.

Are there any other violations on the property?

No, further down there are better pictures that explain the addition. Right here? Yes.

You have this here. Why is this highlighted here on page 43?

So I drew out the additional living unit, the third unit, as well as the two awnings that were added to the property.

Okay. Sorry that I have to keep moving this around, but at least I want it to not be upside down when you guys are looking at it. So these are the areas that we're talking about?

Correct. And what is this? That's the rear of a neighbor's yard. That was the rear of a neighbor's yard. That's the opposite. I did a 360 of the entire property.

Okay, just so we could see it. At this time, the city seeks to admit pages one through 54 into evidence.

Admit it, we're just removing page 36, correct?

Yes, without that other page. Were you given access to that extra unit?

No, I wasn't given access. It was occupied during our inspection.

Okay. Have you spoken to the owners?

Yes, I spoke to the owner while we were present. He gave us a walkthrough of the property. And I spoke to the new owners. They regained the property. I sent them the entire package.

What do you mean the new owners?

Well, not new owners. The owners passed away. And this is a family member. And I spoke to a family member. I sent them the email and the correspondence of what happened at the property so they can bring it to compliance. She replied back that they're working on it and they'll come to hearing. Okay. Have they pulled any permits that you know of? No permits are present.

Okay. Nothing further at this time.

Okay, thank you. You want to ask them if they want to tell us anything they want to add to this on why they're not guilty?

They're saying that they inherited the property from a deceased relative. Okay. And those were all done before. Okay.

Okay, so do they...

They have the certificate. Okay.

So just let them know that they have, because of what we discovered, that there's a process that has to take place to bring the property into compliance. I'm sorry? No, ma'am. It's these individuals. No, ma'am. Ask them, do they know how to go about getting a permit and applying for the permits?

They want to be in compliance and they're looking for guidance on how to be legal, how to comply. Okay, no problem.

Madam Attorney?

board member have a question do they currently live at the property or do they live somewhere else do they live at the property yes okay okay the city recommends 120 as they are trying to figure everything out okay so i think 120 is a good start and then my other question too would be it's only supposed to be a duplex by the way understood so

Explain, even by the property records, it can only be a duplex. It can only have two units. Now, they may be able to legally add more units, but looking at what was built as this third unit, I don't think there's any way to legalize how that structure was built, but you never know. You never know. They could have more units, but right now they're only allowed two. They need to get permits if they want to have more than two units.

Okay, we're good? Okay, so board members can have a motion.

I'm sorry, she's asking if they can request the additional unit.

Absolutely, they can go through the process.

They may be able to, but given the setback, as she mentioned, it will probably be very hard for them to get that approved.

Yeah, they may have to take down what's there and put something different up. I don't know. They'll need to meet with zoning and building and have those discussions with a contractor, an engineer probably.

Is there a program or something that can provide them guidance based on their age or their circumstance or they can?

Well, it's a. Hold on.

For them to help them get into compliance?

It's a multi-unit with a rental. Usually that's for single family homes. Okay. But the building department does have, I mean, they can check.

Yeah.

And see with the building department what options they may have if they want to bring it back to the duplex and go from there. Okay.

Did they have anything else to say?

They are three relatives, three senior citizens, and she's asking if there is an office or something they can go to for guidance and help for the process. They want to be in compliance.

They can speak to Assistant Director Frankie when they're finished here. Not yet. When it's done here and speak to him and he can tell him at least where to go, but they're going to have to hire... An engineer, an architect, or a contractor.

Thank you. I'm going to make a motion for giving them 120 days. Guilty. Finding of guilt. 120 days and $150 a day thereafter.

Second. All those in favor? Second. All those in favor?

Aye.

Okay, so we've given them 120 days. And to speak with the assistant director to start the process with guidance. And then also, please keep in contact with the inspector. Should there be any additional questions they may have?

And that they can request more time if they need it.

Yeah. Oh.

They're definitely going to need it.

Yeah, 100%.

And Mr. Interpreter, make sure you give them that piece of paper there to request more time.

If they need more time, they can request more time.

All right, call the next case.

Thank you. Thank you.

Page 24, property address 2628.

Mr. Interpreter, Mr. Lewis, could you tell him to speak to the director? Get his card.

Get his card. 2628 Northwest 23rd Court, property address, I mean, case number 0044799. Case number 24, I mean, page number 24. Okay.

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

2628 Northwest 23rd Court.

Thank you. And how does the property plead? Guilty or not guilty? Not guilty. Not guilty?

Okay.

All right, Inspector, please state your name for the record. Inspector Troutman, North Office.

And just explain to her that if she needs time to fix whatever it is, that's meaning that she's guilty.

That is guilty?

That is guilty if you need time. Okay. Okay. So we're going to say guilty. Okay, so she needs time.

Okay.

Thank you. Inspector, what do you need to do?

So Genesis, your name, and then what she's doing and what she needs and how much time, extra time she's going to need and that she can get more time.

So the violation issue is that they create an additional unit in the rear of the property. They need to legalize it through the building department with permits or remove. And they are probably going to have to start with at least 180 days for legalization.

Okay. This is the property area? Correct.

Okay.

All right. Does she live there?

It says they have homestead. Does she live in the property? Yes. Okay.

Okay. All right, so she was recommending 180 or usually we start at 120.

Do we know if the structure is like within?

Yeah, we can do our standard 120 and then we'll give more time as needed from there.

Okay, so is there anything that she wants to add before we make a motion?

I understand.

Okay, she had started the process with another architect. Right. Now she has a new architect. All she needs is more time to be in compliance and go through the process.

Okay. We'll give her more time. Just, you know, I understand sometimes these architects can delay and ask for more money and stuff like that. So, We're not trying to beat her up or anything like that, but we just, we want to help her come into compliance. Okay.

So I would move for finding of guilty 120 days and then $150 per diem penalty thereafter. Second.

All those in favor. Aye. Make sure she takes the paper there. So if she needs more time, she can request it directly with that information there. Okay. Okay.

Thank you, thank you, thank you.

Page 106, property address 276 Northeast 82nd Terrace, case number 00156924, property address 276 Northeast 82nd Terrace.

106. Good evening.

My name is Ana Maria Fraga, 277 Northeast 82nd Street, Miami, Florida, 33138.

Thank you very much. And how does the property plead, guilty or not guilty?

Not guilty.

Not guilty? Let me ask you one more question. Do you need time to fix whatever it is?

I talked to the inspector about it because it is very difficult for me to put it in storage.

Okay.

It's too expensive.

So you need some time.

Yes. So guilty. My son can come and take it to Michigan.

OK, so if you need more time, that means definitely. Yes. That means you're pleading guilty and that you're going to ask for time to get it.

We can present the case.

Well, Mr.

Chair, we'll present the case. Inspector, can you please state your name for the record?

So you're saying not guilty.

Yeah, she wants to I Wait before I used to have a motor home their parking. I never had this problem So I my I understand is that it was okay.

I understand and then that is only temporary Understand let us put on a case here a quick and then we'll hear you inspector Bailey North office Did you put together pages 1 through 34 for today's hearing?

Yes, okay, and did you set the property for having? recreational watercraft as well as a recreational vehicle and Yes.

And what's left is just the recreational vehicle, correct? Correct.

Yes. All right. And so this property is located in a T3 transect zone, is that correct? Correct. And based upon that in Miami 21, it's not allowed to have a recreational vehicle on the property because a recreational vehicle is considered a temporary structure. Is that correct? That is correct. Okay. And so I'm showing you the notices that were sent that obviously she's here and she received, sent certified mail, her property was posted. We have copies of that, copies of the property appraiser, the deed, proof of mailing, your postings. And so we'll just show this is the RV. That's it. Okay. At this time, the city seeks to admit composite exhibit A into evidence.

Admit it.

Okay. And the RV is still there. Is that correct? Correct. The boat has been removed. Okay. And so what needs to happen is this RV needs to go somewhere else. Yes? Yes. Have you spoken to the owner about getting the RV moved? I have. And what has she said? She needs a little more time. She needs a little more time. Okay. I thought I heard her say something about her son. Was it maybe going to help her with it? Or did she tell you about it?

She told me that she was able to get the boat moved and she needed a couple more days to get the RV moved because she was trying to sell it or something like that. Okay. All right. At this time, the city rests.

Okay. Ma'am, you want to add anything? It's your turn to speak now.

For what?

In terms of the boat and the RV.

No, the boat is already gone. Okay, and the RV? Yeah, it's only the RV. That's my baby. I go to this beautiful country and everywhere. And this is only temporary. I come to Miami for a while, and then I go back to California. I go to different states. I mean, I retire. I'm not going to be sitting down to watch TV.

I need to enjoy my...

Whatever time I have left.

Let me ask a question. Do you plan on traveling anytime soon?

Yes, I wanted to, but I'm not going to be able to do it right away, so I'm going to ask my son if it gets to a point for him to come and just take it.

Is the RV operable?

Oh, yeah, my RV is beautiful. It's not a junk or anything like that. I mean, she knows. Let me ask this question.

Do you expect to travel in the next 90 days, 120 days, you think?

Well, if it gives me 120 days, that would be wonderful.

But you're probably going to travel within that time frame.

Oh, yes. Yes, I'm planning to travel to California and everywhere. Okay.

With the RV.

In the RV.

And she has been very nice.

Oh, yeah, I know. She's very professional. She is.

She is.

Okay.

She's traveling in the RV soon.

Okay. But do you understand that the RV is not allowed to be parked there even when you return?

I understand now that it's not allowed. But you know what? I just want to mention this. I'm retired and I'm handicapped. I do have a handicapped plate for parking. I don't know if that would take care of it or not.

No, it does not. The RVs are not allowed to be parked for any reason in a single family home area. That's the law. The commissioners can change the law, but right now that's the law.

Well, let me know when you change it. You can go speak to your commissioner about changing it.

Maybe they will. Maybe they'll let you.

I understand that now. I really didn't know that I wasn't able to do it.

Thank you. Can I have a motion, please?

Is there a recommendation from the city as far as how much time should be provided?

I think the board was looking for, the chair was looking for... How many days?

120 days. I'm certain she's going to be traveling within four months.

No objection? Okay.

I really appreciate that.

No problem, ma'am. So I'll motion for...

Thank you so much.

Wait. Ma'am, wait.

Wait. Hold on, hold on.

I'm going to motion for finding of guilt. We're going to grant you 120 days, and if it is not removed after $150 a day thereafter.

It's going to be a second. All those in favor? Aye.

When you get ready to take your trip, just let the inspector know.

Okay. All right. Thank you, ma'am. Enjoy your retirement.

Thank you.

Okay.

Page 15, property address 1855 Northwest 27th Street, case number 0058693. Property address 1855 Northwest 27th Street. MQM Investments.

Yeah, MQM Investments, LLC. Good evening, sir.

Good.

Did you state your name and address for the record? Yes, Mario Mahecha, and the address is 1855 Northwest 27th Street. And how does the property plead? Guilty or not guilty? Guilty. Thank you very much. Inspector?

Inspector Troutman, North Office.

One second. What does he need to do to get a compliance?

This is the single family home to the duplex.

Perfect. So they have, the single-family home they create, the violation was they created a second unit in the rear of the property, and they're going to have to create a duplex. So what they're going to have to do is legalize the property through the building department, and I will give them 120 days. Okay.

Inspector, I mean director, the city recommends 120. They are in the inspection phase of the permit. Okay.

Sir, you want to add anything, or are you good with the 120 days to start?

Yes, we are already going through the process of legalizing that.

Thank you. Can I get a motion, please?

Yeah, move for finding of guilty 120 days and then $150 per diem thereafter. Second. Got it.

Thank you. All those in favor? Aye. Thank you very much.

And if you need more time, there's a paper you can grab right there. Oh, you got it? Good.

Page 48, property address 14. 285 Northwest 46th Street, case number 00131248, page 48.

This is going to be JDS Engineering. Good evening, how are you doing?

Hello, good evening.

Can you state your name and address for the record?

Juan Salazar for JDS Engineering, 285 Northwest 46th Street. He's representing the house.

Okay, you can state your name as well.

Manuel Forero, APC Engineering Enterprises. We are the contractor of record doing the as-built after-the-fact permits.

Thank you very much. And, sir, how does the property plead, guilty or not guilty? Guilty. Okay, let's find out what we need to do when we get you squared away, okay? Inspector?

Inspector, George is after hours, so obviously work without a permit. Right now, their application is in review status. Okay.

Director? City recommends 120 as they are in the review phase. Sir, do you have anything else you want to add or we're good?

Is this a residential? Do you guys live there? Does somebody live there?

No. Well, it's vacant at the moment.

It's vacant at the moment.

And you're going to sell it once it's good to go?

We don't know.

Or rent it.

Okay. I have a motion for 120 days.

Yeah, a move for finding of guilt, 120 days and $150 per diem fine thereafter. Second.

All those in favor? Aye. Thank you, sir. And grab that paper. Thank you.

Page 45, property address 5734 Northwest 4th Avenue, case number 00122022. Good evening.

Good evening.

Good evening, Jennifer Bionda, 5734 Northwest 4th Avenue, Miami, Florida, 33127.

Thank you. And how does the property plead? Guilty or not guilty? Guilty. Thank you very much. Inspector?

Inspector George's after hours, their violation is also work without a permit for several things. As upon checking Monday, there was no application even submitted at this point. So no permits are pulled or finalized or anything.

Ma'am, do you understand what needs to be done?

So when we purchased the home, we had no idea that all of these listed items did not have a permit at all. So we have done the surveys, but it is extremely difficult finding an architect and a contractor. We have been going around the ropes. So if you guys have any resources or if you guys have an architect and some contractors that work with you guys and you can have a list for property owners such as myself. Or even a resource that we can look at before we purchase a home that we can see if a permit is being pulled up and we can know before purchasing because I would have never purchased this property if I had known.

So just so you know, we can't recommend people to you. So we're just not allowed by law to do that because then you'd come back saying that person was terrible and you sit here responsible for it. So it's always the bad apples that ruin the good things.

I know, but it's been extremely tough.

And the other thing is... Should you purchase anything in the future, it's always good to go and check the local building department. But you can go online and check and see, hey, any new building permits here? Because this looks all shiny and new to me. Yeah. Yeah. That's how you do it. A lot of times, the only thing that they pull, you know, they'll pull just your basic title search. But even a title search where they went to the city, unless there was an open violation, you still wouldn't know. Yeah. about it until the lien starts running. So you have to pull you have to look for building stuff. And that's frustrating. That's frustrating.

There is there is a resource to check on individual properties, the full permit history. It's called a microfilms request. It's called a microfilms request. And it goes all the way back if they have the records to when the property was built. And you can kind of mirror that to what the property is today. And if you see anything that's different, you can then talk to a contractor to see if it's legal. So for the future, I know.

I did that with my house. And I had seen this, obviously, and I live in the city. And so I went online. I did my line. I did it to the county and everything else. And I ended up being able to argue to get my house cheaper. because I had to do some work. But we can't recommend, unfortunately. But you're a single-family homeowner, so there are resources available to you through the building department that they might be at least able to get you started. I'm not saying they're going to be able to give you a name of somebody, but you might be able to reach out there.

We tried that.

The minute you walk into the building on the first floor? Yeah. Okay. Okay.

All right, well, we're going to help give you some time here to come.

Drive through the neighborhoods when you see people who are doing, and seeing all the things under construction, and if it looks nice.

That too.

You know.

Director. The city recommends 120. Okay.

I motion for finding of guilt. We'll grant 120 days and $150 a day thereafter. And should you need more time, you can always ask for an extension.

Okay, thank you. Second. All those in favor? Aye. Okay.

You can also recheck your sales agreement and see if in that there was any representation that it was in compliance with all applicable city codes.

Because there may be.

Sometimes they do. Most times they don't. But check. You never know. You never know.

Page 50, property address 2821 Northwest 11th Avenue, case number 00126819, page 50.

Good evening. Good evening. State your name and address for the record.

Kevin Vega, 2821 Northwest 11th Avenue.

And how does the property plead, guilty or not guilty? Guilty. Thank you very much. Inspector? Inspector?

Inspector George's, after hours. This one was work without a permit for several items, doors, windows, fence, and an addition to the front of the property. And so right now their application is in the pre-screen corrections status.

Okay, so she needs some time. Inspector, I mean, Director, what are you? The city recommends 120. They are in the pre-screen corrections phase. Okay. Thank you. Sir, do you have anything you want to add, or you're good?

No, I'm in the process of doing it, but I found some people who I paid a lot of money to that don't know how to do their job, and I'll have to sue them and find new people to do it, so I just need time.

Sorry about that, man. Well, at least we'll help you get you some time to get going, okay? Thank you.

Can I get a motion for... Motion for finding of guilt, 120 days and $150 a day thereafter.

All those in favor? Aye.

Don't forget to take the piece of paper to request an extension of time and do that before the 120 days expires, okay?

Okay, thank you.

Because you'll probably need more time if you're having this issue, so... Just do that, and then you'll come back again and be like, I actually have somebody getting the work done, and we're just with our plans now. You may need another 120 days. Just make sure. And we will remember.

Yeah, I found someone now, but now it's just the money.

Yeah. I got you. Nope, we understand.

Thank you.

Thank you.

Page 85. That's it. Property address 1190 Northwest 67th Street, case number 00154450. Property address 1190 Northwest 67th Street.

Good evening. Hello. You state your name and address for the record?

Dominic Ricciola, 1190 Northwest 67th Street.

Okay, and how does the property plead, guilty or not guilty? Not guilty. Not guilty, okay. Inspector?

Inspector, can you please state your name for the record? It's not guilty, right? Not guilty.

That's what I thought it was, okay.

All right, did you cite the aforementioned property for you to have a CU and BTR? Yes. Okay, and did you put together pages one through 36 for today's hearing?

Yes, that's correct.

Are both violations still outstanding?

As of today, they got the CU, but they still don't have the BTR.

Okay, so did they comply the CU before the 30 days that you gave them to comply it? No, they just complied it. They just got it today, okay. So you're still pleading not guilty?

The reason being is because I was put on fire watch and it was like a disaster. This is also my first multi-family property. Okay, that's fine. I'll just...

I mean, I don't know. It's going to be the same result anyway, but that's fine.

If you think it's guilty, again, this is my first time. I'm willing to take... I mean, it's guilty. I don't know. Okay, guilty then. I mean, we applied for the BTR today as well, so... You'll probably then have this complied within the week if...

Right. Well, the BTR. Yeah. Yeah. It doesn't take very long for the BTR because you've got your CU. That's the hardest part, right?

It's a couple days. Yeah. Okay. No problem.

All right, so he wants to change it to guilty. How much time does he need now that he's got the CU and they applied for the BTR?

About, you said, what, a week or a month? We're doing 30 days just in case. Yeah.

30 days? If you need more time, something weird happens, anything crazy, take that piece of paper, make sure you request the extension of time.

This paper right here? Yeah.

I'm assuming that, yes, that looks like the paper. MiamiGov.com, code boards, extension of time. Put 50 days on your phone or it will start ringing at you.

Thank you.

Make sure. One second, we still need to make, so 30 days and this is a multifamily, you said?

Yeah.

So I'll motion for finding of guilt. We'll grant 30 days and $250 a day thereafter. Second.

All those in favor?

Aye.

Aye. Thank you. Thank you.

Page 32, property address 2631 Northwest 23rd Avenue, case number 00068902. Yeah. Page 32.

Good evening.

Good evening.

Go ahead. John Prosser, 3768 Fro Avenue, Miami, Florida.

And how does the property plead, guilty or not guilty? Guilty. Thank you very much, sir. Inspector?

Good evening, Inspector Troutman, North Office. I inspected the property on site. We found that he has awnings in the pool installed without a permit. The correction would be to legalize the process with the building department. He's in the process of permitting and getting that squared away. I would recommend 120 days.

Perfect. Do you live in the property? I do not. Okay. Gotcha. All right. Director, do you have any comments? The city recommends 120.

They're obtaining a permit to demolish.

Okay. Can I get a motion, please?

Yeah. I move for finding of guilt, 120 days, and $150 per diem fine thereafter.

Second.

All those in favor? Aye. Aye. We'll give you 120 days. Just take that paper if you need more time for that, sir. Thanks.

Thank you.

Page 30, property address 2479 Northwest 34th Street, case number 00068104. Page 30. Good evening.

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

Doris Landero, 2479 Northwest 34th Street, Miami, Florida 33142. My name is Doris Landero. 2479 34th Street. Thank you.

And how does the property plead, guilty or not guilty?

Guilty. Thank you. Inspector?

Good evening, Inspector Troutman, North Office. So the issue with the property is, the issue we identified was they extended the rear of the property without permits, as well as the entire property is paved without a permit. And the owner needs a minimum of 40% pervious surfaces of the home.

Okay.

So the correction would be to legalize the structure and and also the paving through the building department. They don't have any permits on file, and I haven't made contact.

Okay.

Can you ask them, do they understand what is being asked of them to come into compliance?

Yes. Yes, they didn't know at the time, but now they're aware of it and they want to be in compliance so they can go through the process.

Okay, no problem.

Director, do you have any comments?

I recommend 60 days so they can start a process and we can keep tabs on the property. Okay.

Any board members have any comments or questions?

Do you know if the structure, Inspector, is the structure in the back like within setbacks and everything or is it like complete out of it so they might have to tear it down or?

It looks like it was within the setback. They extended it back, but the distance between the rear and the end of the structure is enough space. It's more than five feet. Okay.

Any other comments?

I would motion for finding of guilt, give them a little more time, 90 days, and it is a homestead I see, so $150 a day thereafter.

Second. So explain to her that we're going to make a motion to give her 90 days. And if she needs more time after the 90, before the nine days expire to put in a request or more time. Okay. All those in favor. Okay. Yeah. And if she has any questions, she can reach out to the inspector directly. Okay. Thank you very much.

Here, make sure they get this. If you need more time, after the 90 days, request it there.

Yeah.

Page 28, property address 2381 Northwest 28th Street, case number 000-066892. Page 28, property address 2381 Northwest 28th Street. This would be for a...

Patricio Jorge? Yes, okay. Good evening. Okay. You want to just have, state his name and address for the record.

My name is Patricio Jorge. Direction 2381 Northwest 28th Street.

The address is 2381 Northwest 28th Street.

Okay, and ask him how does the property plead, guilty or not guilty? Guilty. Okay, thank you. Inspector, you want to let him know what they need to come into compliance? Yeah, he plead guilty, so you want to let him know what he needs?

Yes. So the issue was they extended the property on the side of the house without permits. Okay. We did a walk through of the property and with the plans we found out what portion was extended. We made contact. Currently there aren't any permits on file and he understands that they have to legalize it through the building department.

Okay.

And I would request 120 days. Okay.

Can you ask him if he knows how to go about doing that, the process of applying for the permit?

Yes, he hired an architect and he's going to go through the process. Okay.

Is this his personal residence? Is this his personal residence?

No, no. Okay. Any other questions? Can I have a motion for the 120 days?

Yeah, I move for finding of guilty 120 days and then a fine of $150 per diem thereafter. Second.

All those in favor? Aye. Let him know that we've given him 120 days. If he needs more time, he can apply for the extension. Okay. Okay.

Okay. Thank you.

Thank you.

Let's call the next case, please.

Okay, we're going to call up the special appearance from last week. It's add-on two, so it's not going to be in your book. Case number CE-2008-001440. Property address 2512 Northwest 12th Avenue.

This is the case from last week that we did the partial release.

The attorney here?

No, she's not. I got an email from her just now with an explanation.

Let me ask you a question because I don't want this to drag us out because we went through. This is our third case. I know we got other to be heard. Those are abstentions. Those are abstentions. Yeah. Okay, so we don't have nothing else. This is okay. All right.

I just want to make sure.

It's not going to take that long. I don't think it's going to take that long.

All right.

So after our meeting last week, if you guys can put your names on the record.

Yes. State your name and address for the record, please.

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

Thank you.

Rose Santos, I'm a realtor, 3103 Northwest 99 Place, Doral.

Thank you, and good to see you both again.

So... So... I guess where this goes is I guess Ms. Dooley will put on her side of what she discovered. Based on that, that's why I asked for them to come back. Okay.

Right. So everything kind of went, the next day I went to go do as instructed, you know, that morning.

Absolutely.

To do my stuff. And then I found out that the property was, had been, well, recently sold. not too long ago, and it was a corporation. So I sent a question over, like, what is this corporation? They've been here. I own the property. My name is Elder Perez. I think the long and the short of it ends up coming around that somehow that Ms. Perez quit claim deed her property to her corporation, which means it's not one in her name anymore. So she's selling it in a corporation's name to... I guess some other party. I don't have the sales contract. So I don't know who this alleged buyer is. At that point, I didn't even know if there wasn't some other buyer out there, right? So I was concerned about representations that were made to this board. Your counsel was also copied in all of these emails that were done. And so... One, it's a corporation now that's selling a property. It's not in her name. So one, I'm uncertain as to what could be attaching to anything. I haven't seen the sales contract for this new property. I mean, she's holding it up in the air. And the attorney, I guess, still doesn't feel necessary to show up to explain what's wrong with title. Now that, because I have to be honest with you, and I didn't really check it You just take people on what you think. So that assumption is my mistake. Because I assumed that the property was in her name. Because that's why you'd be coming here. But it's not. It's in the name of a corporation. So I think that befuddles me even more. Ultimately, it's your decision to do. If you want to do a release for her name... That's fine, but as Mr. Herrera agreed as well, and I'll let him explain it, he said he wanted everything brought back to you guys as well so that you guys could make your decision with all of the information present because this particular person has never had the property with which she's stating that there's a cross-attaching lien, and yet somehow there's a cross-attaching lien. It was owned by her former partner, Or ex, as she put it. I don't know if that was ex-husband or just ex-business partner or ex-common home owner from another house. That part I'm not sure. So I'll leave it there. Whatever you choose to do, the city doesn't have a problem with it. But those are the concerns that happened to me that morning when I found things that had not been ever stated. So I thought, well, this is very confusing to me. and so that's when I included Jose and everything.

So, you know, if you look at the chain of title, the sterile property that she now has transferred to an LLC, in 2017, it was held by her and Mr. Hernandez, who was the first gentleman that showed up here that one day.

Yes, I remember that.

And at that point, the city's lien was clearly attached to that property because it is in their both names. Somehow, in February of this year, she quick claims the property to the LLC, removing Mr. Hernandez. Okay? So, the issue is, and I'm sorry, it's real hinky that all of a sudden the lien, our lien, attached to that property, and now they're arguing that because Mr. Hernandez is off the property, they want a partial release on this property when in 2017, two of them own that property together. And then under circumstances which I don't have the background on, I only have representations and the lawyer doesn't even show up here, I have a coincidental transfer to an LLC, then I have a Schedule B title requirement where they have to produce a release to get out of this. I know the county gave it, but the violating property is here.

It's still here.

It's still here. So, again, we don't take positions, but what troubled me, I guess, was the the lack of full disclosure, because this is a quasi-judicial board. It's like you need all the facts to make a determination. And I think we've had two hearings on this, and the title agent, the attorney, doesn't show up, and then about 20 minutes ago, she sends me a letter, copy and pasting the same email she sent to Ms. Dooley, but she doesn't care to show up here and answer questions about it. And I'm sorry, I'm not alleging that this is nefarious, but, or there's smoke, there's something. And I'd like, at least for that attorney, to show up here and explain it, because it's very, and again, number one, I don't know her personal issues, and I'm sorry if you're going through financial, I don't, it's not, I don't mean to be insensitive, but I don't, it doesn't go to my analysis. My analysis is that in February of this year, there's a quick claim deed, Removing the violator off the property to make it seem.

That's not what happened. If I could explain.

Hold on. I have a chain of title here. There's a quick claim D transferring the property from the name of you and him to you alone and from you alone to the LLC. I have it right here. Public record. Okay.

Hold on real quick. Do you just want to address just that piece right there? Nothing else. Just that.

But that's not correct, so I need to explain what happened.

Hold on. Do you have anything of proof to show what is not on the public record? Because that's public record, what he's citing, what he's citing to us.

Just for that piece there, because... On 2017, Mr. Hernandez did the property only to her. So he was off title since 2017. So in February... And he's the only violator.

Just to bring that back to you. And the property... He hasn't been on that property then and nothing related to anything of him as part of that property. So this request of you makes no sense. Understood. Because he's not connected to that property. Right.

And I think we understand that now.

And then in February... she quit Claim Deeds to her own corporation, which further puts it in another.

Great area, yeah.

And this is the quit Claim Deed.

Okay, you want to explain that piece? Yeah.

In February of this year, I needed to get a loan, a private loan, to pay some back old property taxes because I was at risk of losing the house. It's my realtor, and then the person that she found me from the loan company, he advised that it would be easier and quicker, because I was in a time crunch, to get the loan if I took my homestead exemption off and created an LLC and put the house. The house was never sold. I'm the only owner of that LLC. Put the house under that LLC in order to facilitate me getting the loan, you know, a mortgage basically on my house, because my house had no mortgage, thankfully.

Right.

To get a loan, you know, so that I could pay those back old property taxes. Mm-hmm. And in actuality, play Mr. Hernandez on money that I owe him. So that's what I did. I followed the advice. I created the LLC, transferred the house under the LLC, paid the property taxes, and once that was done, I listed my house for sale. I am the sole owner of the LLC myself. Mr. Hernandez has nothing to do with it, okay? So I set up my house for sale. Everything was going fine until this stuff comes up having to do with his violations that are somehow now being attached to me. So the only reason I created the LLC and put my house on the LLC was to facilitate me being able to get that loan and pay the back property taxes. That's it. Hold on.

So you got a hard money loan where they would have pulled title on the property for which clearly this random lien from a city of Miami property that has nothing to do with you did not show up. That's what I'm telling you. What they're asking from you now, they don't need. It's. But your attorney has once again chosen not to appear. And there is nothing that has been provided to us from a title agent that tells us what this problem is. Because it makes zero legal sense to anybody about this. So, and as counsel for the board said last time, you need to get us the information. Who is this title person? Why have they done this? Why are they requesting this? And once again, your attorney has chosen not to show up. I don't know why.

One second. I have a question with a board member.

Okay. I just have a quick question so I can understand for clarity. Was Ms. Perez ever attached to the violating property? No. Okay.

So that was the last time you guys were here, I made that argument. And I even told you that a title agent has the right to contact the underwriter and bring this issue to the underwriter's attention and have a requirement removed from the title policy. But the problem is that the person with authority to do that has decided that it's easier to send generic letters that don't address the board's concern or the city attorney's concern.

I understand. And the title agent represents the buyer, not her. Her attorney is doing seller docs. So there is so much she can do or represent in terms of the title agent because she doesn't work with them. It's another agency that we don't know who it is. It's another attorney that we don't have control over.

That's the problem. The title agent didn't necessarily put that in her letter.

The only thing that we have is that she needed to remove the homestead exemption in order to get the private loan. Otherwise, they wouldn't take it because taxes had priority. So they wouldn't stand second. And that's the reason she lost her homestead exemption. to save the house. I have documentation here to prove that the house was taken off the block a day before the sale date. Also, one more thing, just one more thing to clarify. The special release done, I know it's different. I understand we have talked about it, Mr. Dudley. The Miami-Dade, they go by the tax number, the folio number only. They don't use names of ownership to provide the release. That's why we never mentioned this before, because we never thought it was important. Okay.

Does anybody else have any other questions?

Because I don't think... And you said that the title company is of the buyer's title company? Of course. And they don't have any, like, motivation to solve this with you guys together?

We are on a 15-day extension that expires Monday.

Yeah.

You would think that the attorney would show up here to discuss that. The problem is that even... The emails make it seem that while she wants to get it closed, she has no interest in getting it closed because she would have been here to answer the board's questions when these concerns were raised.

And ma'am, and that right there is the biggest red flag that I think all of the board members who've been here present for the last three meetings... We recognize that. That is the biggest flag. We've asked the first time. You came back the second time with no one. We asked. In fact, before we asked, we gave you the special request, did we not? Yes. And then we asked if there was any other thing, please make sure that that person was with you if you had to come back. You're here now for the third meeting, and that request has either been flat out ignored or just rejected.

Here's the letter, just so you guys can read it yourself. Yeah. This is the last one. This is the one that I guess you just sent and then just emailed to us now.

And that's just not acceptable, because if you can take the time to show up here...

But you might want to read it. Maybe it gives you information you need to help make a decision. The lawyer not showing up, if you're inclined to grant a partial release, should not affect, you know... This woman, but also.

Just in case the board needs, I have the sales contract here with me.

I could tell you based on what I'm reading, if you have 15 days, that should have been motivation to show up as opposed to sending a letter. That's just me personally, and so I probably wouldn't even vote to do anything else other than what we did last meeting. Me personally. And so I just, for me that's a red flag at this point being that we're here now three meetings. That's a red flag. If you know you had an extension of 15 days,

We've been doing that since day one. The day we found out, we've been trying to solve this problem. And remember, I'm just a realtor trying to help somebody that is in distress.

We understand that, and that's why we gave the special release last meeting. So what are we here doing today? It doesn't seem to make any sense of what we're doing here today with you guys before us. It doesn't make any sense.

Is the house in jeopardy right now? I know you said you stopped the sale prior. Was it... Okay.

But the release wasn't issued. She needs to pay off the money that she borrowed.

Right.

The release was not issued?

I did not do the release that next morning after this happened, and your counsel said, I want this to go back. And so I said, well, we can be back right on Wednesday, so... I'm waiting. So right now there is an order of release. If you don't, if you just say thank you and leave, you know, that's your order right now. If you want to change that, whatever. But right now you have the ordered release. Your council wanted to make sure that you guys understood what was going on.

Well, I can tell you right now, me personally, now knowing what has transpired between the quick deed sales, between the different parties and now the corporation and And then a still without any representation from the seller or buyer, whoever the other attorney is.

She is the seller.

She's the seller. For me, that's a red flag at this point. And I'm glad our city attorney at least pointed out that information to us and to bring it here today because we wouldn't have known that.

She's been the sole owner of the property for 30 years. And the property in the city of Miami has no connection with her today, yesterday, or never had. So it was a very surprise to her. Yeah.

You can't sell it, yeah.

Mr. Board Attorney, sorry, you said that there was a title transfer in the beginning of the year with two people's name or it was just her? Because Rachel showed the deed and it was just her.

Yeah, just her to the LLC. It was just her to the LLC, but before it was just her, it was her and her husband.

The husband was the property owner in the city. It was the husband's city property owner that had the problem, right? So that means that it would attach. There's in personum and in rem. And I always think in italics when I say that, right? In rem is with the property, and in personum is with the person. So that lien... is going to follow that person wherever he goes and owns property. When he doesn't own that property, it's not with him anymore. Why? Because it's not on the property because he's not there. So he's been off that property since 2017. So what they're being told, I think, is a legal fiction and probably somebody in some back room, if that's what they're being told. It doesn't make sense to me who's decided this is an issue of something that isn't a legal issue. I don't even think it exists. I don't counsel if you agree with me, but because there's no legal force in effect, the city could not go and say, oh, this guy owned this property in 2017, and he's off it, and it's somebody else. Now I'm going to go collect on that property on an in personam. I'm not sure how we would do that.

I mean, it's up to the title.

You know, I'm not sure how we would do that, and that's the point. Now, it's in REM on that Miami property, and it's not going anywhere. And any property that this guy actually owns.

Correct, yeah.

And you were saying that you need the release with the folio? Is that what you were saying?

I have the Miami date. If you want to take a look how they have done it, I'll show it to you.

We don't need that. I mean, I... My position remains the same as it was last week in the sense that if there's no harm to the city or to the violating property, I agree that I don't think that this is an issue. I don't know if it's an abundance of caution by the title underwriter or something that popped up. I don't know. I mean, I would be satisfied with giving her a partial release again. Again, because I don't see that's going to cause any harm or damage to the city or the violating property, but I don't know what the rest of the board thinks. I agree with that. Might as well just give it a release and they can handle whatever they need to handle. Yeah, if it's not going to affect the city or the violating property in any way and have any adverse effect to it, and it may help them resolve their issue, then I don't see any harm in doing that. And I agree that this should have been brought up because the facts were different than what they were presented last week. Yes. But I think that based on that, it doesn't change my position.

Okay. Well, here's the good thing is that we passed a motion last week to grant the special release. This information that was being brought up by the city attorney and our board attorney was saying, hey, Before we do this, this is out there. So to take that into account. So I don't have any issue other than what I've already expressed, which I felt that the person should have still been here nevertheless. But if the board, the will of the board is okay with moving forward with what we've already granted. Yeah, if you don't re-motion, then you can just say, you know, you can just table this and move on.

You've already passed it. So you're good. Doesn't seem like anybody here wants to change it.

Which is fine.

I'm good with the partial release. Yeah, so we've already granted the partial release. forward on this issue here.

I would say, though, that if something comes up between now and closing and there's some further issue, I would highly recommend you bring that attorney and that title person in to close this out because this is something that clearly shouldn't be an issue. And you had a person here who does title, who does closings as well. So just make sure that they're here next time if needed.

Okay. Well, Madam Attorney, I'm just going to ask that we just execute the motion that we've already- Tomorrow morning. Yes. Okay. Thank you very much. Thank you. Thank you so much. Appreciate it. No problem. Abstentious.

Page 52, property address 1351 Northwest 56th Street, case number 000134158.

All right. So this is, this is abstentious, right?

Oh, what was this?

Oh, that's what I was saying before. Ah, okay, because that's why I didn't want to go through that. If I do, I have people already here. Sir, good evening. And state your name and address for the record.

Terreno Bentley, 1351 Northwest 56th Street, Miami, Florida 33142. Thank you.

And how does the property plead guilty or not guilty?

I mean, guilty. I mean, most of the stuff was already taken care of.

Gotcha. You just need a little bit more time. So guilty. Guilty. Thank you very much. Inspector.

Inspector George's after hours. So I cited this property for several things. An inoperable vehicle, the lot, failure to maintain the lot, outside storage. There's trailers out there if you wanted to take a look at the pictures. And basically, right now, the only thing that has been remedied is the inoperable vehicle that has been moved. But along the side of the house, the trailers are still there. There's still plenty of outside storage. One second, sir. Nothing else has been done.

Okay. When's the last time you were out there?

I went by there, I want to say Monday.

Okay. Probably did a lot of work between now and then. Okay.

Sir, you have anything you want to add?

Trailers have been gone since last week. So you couldn't have seen the trailers. Trailers have been gone.

I just took the picture.

Yeah, that's.

Look at the picture. There's a day stamp on the picture.

You see on Monday, trailers have been going way before Monday.