Ticket Appeal - Regular Meeting
The City of Miami Ticket Appeal Hearing addressed numerous civil violation notices, primarily for illegal dumping and unpermitted tree work. Most property owners opted to settle their cases, agreeing to pay reduced fines.
About this meeting
- Government Body
- Ticket Appeal
- Meeting Type
- Ticket Appeal
- Location
- Miami, FL
- Meeting Date
- February 20, 2025
Transcript
593 sections
See a problem? Don't let it stay. Report anything from potholes to noise complaints through 3-1-1. It's your tool to make Miami cleaner and safer for everyone. Call 3-1-1, your voice for a better Miami.
Yo, camping buddy. Okay, you guys ready?
I thought you were driving. I thought you were driving.
Oh, I never said I was driving. I definitely can't drive.
If you're high, just don't drive. It's illegal everywhere. If you feel different, you drive different.
Buckle up! Nadie está más preparado para una emergencia que Dog Man. With all your kung fu skills and your K-942 to whatnot. Pero para el resto de nosotros, un buen plan hace la diferencia. Come on, let's go! Entonces, ya sea un desastre inesperado o el gato más malvado del mundo empeñado en destruir a los que hacen el bien. Destroy all do-gooders. Tú puedes ayudar a tu familia a estar lista. No time to waste. Will you get out of here? Empieza hoy en listo.gov diagonal kids.
On this edition of Empower 305, we have not just a special guest, but someone we've been wanting to have on this show for quite some time, only two years. But she's here, and her name is Angela Roberts, and she is the Director of Human Resources for the City of Miami. Welcome. Thank you. Thank you. Glad to be here. Finally. Thank you. Thank you so much. You have a very tedious job. Yes, I do. I've been knowing you for quite a few years. You do an amazing job. And I know you Started with the city what year?
I started with the city in 1999 as a temp employee and then just gradually moved up through the ranks of human resources. Eventually ended up working in what's the city's version of an EEOC. It's called EODP. Became the director there and then got promoted to the director of human resources in 2017.
And I've been the director ever since. Awesome. Quite a trajectory in your career, huh?
Yes.
But you're not from Miami? No, I'm not. I'm from St. Louis. St. Louis, Missouri.
Yes.
Awesome.
That's where I'm from.
What would you think is one of your key qualities that you believe makes your job so successful as an HR professional?
I don't think it's just one. I think I got a couple. I'm very transparent. So everybody in their life, they work in gray. There's black, there's white, and then there's some gray. For me, I don't do well in gray, but I know sometimes we deal with the political animal, so you might have to deal in gray a little bit. But for the most part, I'm black or white, which is very good for our HR director because we're the gatekeepers to the rules, the policies, the procedures. And then I think the biggest thing that probably has made me successful, I try to be empathetic as much as I can. And looking at the employees and their needs, but sometimes I got to put down the hammer. So I do that when I have to. And then learning my bosses. I've been through quite a few city managers and learning them and how they work, but also at the very same time being transparent as the HR director and still reminding them that we do have rules, regulations, and things that we have to follow. My favorite saying to all my bosses, I am here to save you from yourself. So I think that has helped me to be successful.
That's great, and you're a great communicator. I know I'm just a phone call away, just vice versa, right? Yes. What advice can you give city employees on maintaining work-life balance?
Kind of hard because I'm still struggling with that myself sometimes. But I think the better thing to do when you go home, go home. Let it go. And even throughout my career, especially when I started getting into the higher management roles, The nature of the beast a lot of times of this career that I have, it's sometimes you take the stuff home. If there's a, you know, throughout my career, I probably could tell some stories that'll bring you to your knees, but that I've had to deal with and so sometimes it's hard to not take it home. So my biggest thing to employees, this is a job and you should, while you're here, do the best you can. However, when you go home, you are home. Focus on your family, focus on whatever makes you feel better and feel good and separate the two mentally. The other thing is, you know, we are very privileged to earn vacation time Sometimes do a staycation, meaning that take some time off and get yourself together mentally and do the things that you need to do that's best for your peace of mind. So that's the advice I would give.
That's awesome. I know you've established great relationships here. Can you share a little about how you think the city supports diversity and inclusion?
I got to be honest and I got to say that depends a lot on who is the city manager at that point in time. I'll go back to The person who appointed me and was the city manager at that point in time was very big on diversity, but also making sure that those diverse group of people that were hired, that we focus on their knowledge, skills, and abilities, and them being able to do the job. The same thing with this particular manager that we have now. has really been instrumental in ensuring that there is diversity in the higher ranks that answer to him and just kind of taking And also focusing on ensuring that those people that they hire, they focus on their knowledge, skills, and abilities. So a lot of that does have to do with who the concept and the thought and the mindset of the city manager at that point in time.
Talking about hiring, there are a lot of positions that are available in the city. Where does someone go when they want to apply?
So you have two ways that you can apply. You can come in person. to the Human Resources Department. It's in the Miami Riverside building on the seventh floor. And we have a little small employment office. And in that office, there's always somebody there and they can tell you what we have listed, what job openings we have listed. And they will also sit with you and help you fill out an application to apply. We don't accept resumes. But you can attach them to your application if you want, but we look at the application. So the person can help you fill out your application and that's one way. The second way is you can go online and on the city's website and go under human resources and then it will list the job openings that we have. It will also tell you on the job announcement how to apply for the position. It gives you step-by-step, and there's also a number there if you're having problems that you can contact one of my staff from the recruitment division, and they'll be happy to help you and walk you through how to fill out the applications and answer any questions you may have about that job opening.
That's awesome. There's lots of times I think we get approached about where can I go to apply for a job, and that I didn't know. That's awesome. I didn't know that there was an employment office. That's an added component to the many things that HR does, right?
So I'm getting ready to take a job at police, being that you're from police. The office used to be on the first floor. It used to be a pretty big office. Until police special unit came and kicked us out.
I remember that. I remember the employment office was downstairs in the little window. And I remember filling out the application 20 plus years ago. And it was paper. And we've since then transitioned, right?
Yes, we have.
We have more paper reduction, right? Yes, we have. What is one of the most rewarding parts as your role as an HR director?
When I can help an employee. So let me digress for a minute. So when I was in EODP, I did the sexual harassment and diversity training. And one of the things that I would always tell an employee, and now definitely in this role, I guess the baseline of my career, if you ask people how they feel about Angela Roberts, you're going to get 50-50. You're going to get 50 of those that the 50% is going to be those that I've been able to help and do things for. And if I can go out of my way and make things right, I'm going to do it. And then you get the other 50% that will tell you they can't stand me simply because not knowing the whole gamut of what is being done behind the scenes that I have not been able to help the way that they want because it's a violation of a rule, a policy, or a procedure. So that gets a little hard to stomach sometimes, but I know, you know, I have to move forward and... It comes with the turf, huh? It comes with the turf, correct. So I would say, though, the biggest part of this job is when I can truly help an employee make a difference, go to bat for the right thing to do. That I have to say, that's the biggest part of this job that I like.
And your department continues to grow.
Yes, yes. When I first became HR director, I believe I had maybe 29, 30 employees, and now I have 40.
Some time ago off camera, we've talked about how you can grow from within the organization, right? Yes. We've seen that through the years, huh?
Yes.
You're one of them.
I'm one of them.
You are actually one of them. You are one of our testimonials. Yes. And that's how I would love for people to understand how... You can grow. You started as a temp, and then you continue to grow, which is what I tell my team members, some that have been alongside with me throughout my career, coming from police and others that have actually begun with us. You can still grow from within the organization. There's a lot that the city offers.
Thank you. Thank you. So, you you Thank you. Thank you.
And then we'll call the settlements up first, and then we'll proceed with the trials after that. I'd like to take... Can he try and quiet it down just a little bit? We'll take you soon, but I have a few remarks that I need to... Okay, very good. Thank you. I'd like to take this opportunity to welcome you to the meeting of the City of Miami Ticketing Appellant Hearing. My name is Darcy Siegel, and I am the hearing officer assigned to hear today's cases. It is required that all persons who are going to testify as to the facts be placed under oath, including the code enforcement inspector. The code enforcement inspector and each alleged violator will be placed under oath. But first, please rise and join me in reciting the Pledge of Allegiance and then remain standing in order to be placed under oath. Please remain standing so that you can be sworn in.
Please raise your right hand and repeat after me. 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? So help you God. Thank you.
Thank you. Please be seated. These are hearings conducted by the City of Miami hearing officer, the purpose of which is to give the alleged violators the opportunity to appeal the decision of the code enforcement inspector, which resulted in the issuance of a civil violation notice. These hearings are conducted in a quasi-judicial manner, and I am the hearing officer assigned to hear today's cases. My responsibility is to act much like a judge in court. That is to hear the evidence in cases presented by the code enforcement inspectors and then to hear the evidence presented by the alleged violator. These hearings are open to the public. These hearings will not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence will be admitted if I find it to be competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. All documentary evidence must be submitted for placement in the hearing file. No documentary evidence will be considered unless the alleged violator or the code enforcement inspector submits a copy for the hearing file. Each party has the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not covered in direct examination, to impeach any witness, regardless of which party first called the witness to testify, and to rebut the evidence against any witness. It is my responsibility to make findings of fact based on the evidence of record. The fact-finding determinations of the hearing officer are limited to two. First, whether the violation did occur, and secondly, if so, whether the person named in the civil violation notice can be held responsible for that violation. In order to make a finding upholding the code enforcement's decision, I must find that by a preponderance of the evidence indicates that the alleged name violator was responsible for the violation of the relevant section of the code as charged. If I affirm the decision of the code enforcement inspector, my order will specify, number one, the amount of the civil penalty, and secondly, the amount of the administrative costs of the hearing. The alleged violator or the city of Miami may seek to overturn the order of the hearing officer by appealing the order to the Miami-Dade Circuit Court Appellate Division within 30 days of the issuance of the order by the hearing officer. After the code enforcement inspector has presented his or her case, and you have presented your case, I will consider the evidence and then render a decision. This concludes my opening remarks. We will now commence with the proceedings. The clerk will now introduce the first item on the agenda.
Page 24, case number 95845, property address 1443 Northwest 70th Street.
Yes, to the mic. Hi. Good morning.
Spanish.
Sorry.
Is there anybody in the audience who speaks Spanish and is willing to? Okay. And before you do that, you're going to need to be sworn to translate from Spanish to English and English to Spanish. And also tell me what your address is. Because you volunteered, you're going to go next.
My address or the property address?
The property address. Did you settle your case or is it going to trial? I'm settling. Okay. Just tell us the address and we'll find it.
1661 Northwest 33rd Avenue. Okay. Did you mark that down?
1661 29th Avenue?
33rd Avenue.
33rd? Okay. Thank you. You'll go next.
Okay. And if the clerk can...
Yeah, you have to swear from Spanish to English and English to Spanish.
Please raise your right hand. Do you solemnly swear or affirm that you will translate from English to Spanish and Spanish to English to the best of your ability? Yes. Thank you.
Ask her please to state her name and address for the record.
And I have to translate that into the 1443 Northwest 70th Street.
Thank you. Okay, now I'm going to make a few comments and I need you to please translate to her what I'm saying. Tell her that her property located at 1443 Northwest 70th Street was cited by the city of Miami for tree removal, root pruning without a permit. She's spoken with the city today and she wishes to settle.
She says to forgive her for having done it, that she's okay with the settlement. The reason why they went ahead and cut the tree was because it was becoming a danger to the children, and that's why they went ahead and did it.
Okay. And after she spoke to the city today, she wishes to settle the matter for $100? Yes.
Yes, she says okay.
Okay, and ask her if she freely and voluntarily entered into that agreement with the city. Okay, then tell her, please, that I'm going to sign an order settling this matter for $100, and if she comes forward, she can get a copy of the signed order.
She needs to say that herself, or...?
No, no, I want you to explain that to her. Tell her that I'm going to sign an order settling this matter for $100, and she can come forward and get a copy of the signed order.
She goes to you or to the clerk? She just comes right here to the clerk.
Okay. Thank you. Okay. Buena suerte.
Page 29, case number 95070, property address 1661 Northwest 33rd Avenue.
Good morning again, sir. Could you state your name and address for the record?
Yeah, my name is Noel Almeida. The property address is 1661 Northwest 33rd Avenue. I'm here as an interpreter for my mother. Her name is Griselda Perez.
Okay, can you, you've already been sworn in in the other case to translate. Can you ask your mother if she gives you the authority to speak on her behalf? Okay. The property that your mother owns at 1661 Northwest 33rd Avenue was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks, or on private property. The violation was cleaned up and complied back on June 24th of 2024 and but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning, and you wish to settle it with the city. Is that correct? Yes. And after speaking to the city, you've agreed to settle this matter for $250? Yes. And did you freely and voluntarily enter into that agreement, or did your mother enter into that agreement?
Yes.
Okay. Then explain to her that based on your representations today and the fact that she's allowing you to speak on her behalf, I'm going to sign an order settling this matter for $250. Okay?
I just have one quick question. Sure. So there was two citations issued, one to our property and then one to the neighboring property. The neighboring property citation was issued because the line where it falls on, the inspector, I guess, did not know who did the illegal dumping, but I am here today to admit to that. Mainly, my concern is that they don't get, I guess, a citation issued to them, since they were not the ones that actually did the dumping. It was us.
Okay. You can let the staff over here know that. And I thank you for your honesty. And thank you for showing up today. Okay. Thank you. If you come forward, you can get a copy of the signed order.
Page 153. Case number 95479, property address 3060 Southwest 7th Street.
Do we have a Rene Lescano?
Good morning, how are you doing?
Good morning, how are you doing? Could you please state your name and address for the record?
Rene Lescano, 3060 Southwest 7th Street.
Okay, Mr. Lescano, it appears that your property, you actually have two citations. The first one- Just state your name and address. I want to make sure that one of your citations was voided, and I want the clerk to read that into the record, and then we'll talk about your second citation, which was settled.
You want me to repeat again? Page 150.
Case number 95480, property address 3060 Southwest 7th Street, is void.
Okay. Now call the next case, please.
Page 153, case number 95479, property address 3060 Southwest 7th Street.
Okay.
Now for this case, the other one was voided. For this case, state your name and address for the record.
Rene Lescano, address 3070 Southwest, I'm sorry, 3060 Southwest 7th Street.
Okay. Mr. Lescano, it appears that your property located at 3060 Southwest 7th Street was cited by the city of Miami for dumping littering on right-of-way sidewalks, alleys, or on private property. The area was cleaned up back on July the 4th of 2024, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city. Is that correct?
That is correct.
And after speaking to the city, you've agreed to pay $100 to close out this matter?
That is correct.
And did you freely and voluntarily enter into that agreement with the city?
I do.
Okay. Then based on your representations this morning, I'm going to enter an order settling this matter for $100. Thank you very much. Thank you. And if you come forward, the clerk will give you a copy of the signed order. Thank you.
Page 81, case number 94960, property address 1365 Northwest 23rd Street.
Good morning, sir. Good morning. Could you please state your name and address for the record?
Cesar Mestre, office is at 8105 Northwest 155th Street, Miami Lakes, Florida. I'm the attorney for the owner.
Okay, thank you, Mr. Mestre. Then I don't have to ask what your relationship is to Thomaston 1365 LLC. Um, your client's property located at 1365 Northwest 23rd Street was cited by the city of Miami for tree removal, trimming, root pruning without required permit.
That's correct.
Uh, and you've had an opportunity to speak with the city this morning regarding this matter and you wish to settle it with the city on behalf of your client. Is that right?
Yes, I did.
Okay. And after speaking to the city this morning, you've agreed to, um, Have your client pay $750 to settle this matter, is that correct? That is correct. And did you freely and voluntarily enter into that agreement on behalf of your client?
Yes, I did.
Okay, then based on your representations this morning, I'm going to enter an order settling this matter for $750. Thank you. Thank you.
Page 202, case number 96288. Property address 880 Northwest 26th Avenue. Over here, please. Yeah, thanks.
Just give me one second. I've got to find the case. No, I have it, but I have to scroll. Okay, I have it. All right. Pull the mic down a little bit and state your name and address for the record, please.
My name is Joanne Lee. Address is 880 Northwest 26th Avenue.
Okay. Are you the property owner?
I'm interpreting for my dad. He's the property owner.
Okay. And what language are you going to interpret?
Cantonese Chinese. Okay.
Yeah, just swear them in. Do you swear or affirm you'll translate from English to Mandarin, Mandarin to English?
Can you raise your right hand so I can swear you in? Do you solemnly swear or affirm that you testify to translate from Chinese to English and English to Chinese to the best of your ability? Mandarin. Oh, I'm sorry, Mandarin.
Cantonese, yes.
Cantonese, there we go. Sorry, I heard, you know, hi. To the best of your ability?
Yes.
Okay, thank you. Can you ask your dad if he allows you to speak on his behalf? Yes? Okay. All right. It appears that, and can you tell him while I'm making comments, that his property, located at 880 Northwest 26th Avenue, was cited by the city of Miami for dumping, littering on sidewalks, alleys, or right-of-way. The area was cleaned up on June 27th of 2024. But the civil citation remained unpaid. He had an opportunity to speak with the city this morning regarding the ticket and he wishes to settle. Is that correct? And after speaking to the city, he's agreed to settle this matter for $250. Is that right? Ask him if he freely and voluntarily entered into that agreement with the city. And tell him, please, that based on his representations today, I'm going to enter an order settling this matter for $250. Okay, and if he comes forward, he can get a copy of the signed order. Okay, thank you.
Can I have Morton Ringard or whoever's here for 1651 Northwest 33rd Avenue come up? 1651. 1651.
Page 92, case number 94296, property address 1119 Northwest 6th Street.
Good morning, sir.
Good morning. Give me a second here.
Could you please state your name and address for the record, please?
Christopher Langan, it's 1119 Northwest 6th Street.
Okay, Mr. Langdon, it appears that your property located at 1119 Northwest 6th Street was cited by the City of Miami for dumping littering on right-of-way alleys, sidewalks, or on private property. The area was cleaned up back on June 24th of 2024, but the civil citation remains unpaid. You've had an opportunity to speak with the City this morning regarding the citation, and you wish to settle it with the City. Is that correct?
That's correct.
And after speaking to the city this morning, you've agreed to settle this matter for $250. Is that right?
That's correct.
And did you freely and voluntarily enter into that agreement with the city?
Yes, I did. Okay.
Then based on your representations this morning, I'm going to enter an order settling this matter for $250. And if you come forward, you can get a copy of the signed order. Thank you. Thank you.
Page 102. Case number 95223, property address 320 Southwest 13th Avenue. And page 105.
Let's just read this first one in. Okay. Or wait, the second one. No problem.
Good morning, ma'am. Good morning. Could you please state your name and address for the record? Yes, Maria Obregon, 320 Southwest 13th Avenue.
Okay. And what is your relationship to Greenhouse 320 LLC?
I am the owner. Okay.
Ms. Dooley. Can we just confirm that she's the owner of Greenhouse? I'm sure when she checked in.
One moment, please. Page number?
I'm sorry, page number 102.
The address is 320 Southwest 13th Avenue. Okay.
If they didn't check it, I'm going to check it right now. Sorry, it's owned by a corporation, so now I've got to find out who is that corporation. Clever.
Maria?
Yes. Obragan? Yes. Good to go. Thank you.
It appears, Ms. Obragan, that your property located at 320 Southwest 13th Avenue was cited by the City of Miami for unauthorized use of a residential City of Miami containers. The violation was complied back on June 24th of 2024, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this citation, and you wish to settle it with the city. Is that correct?
Yes.
And after speaking to the city, you've agreed to pay $100 to settle this citation. Is that right? Yes, that's correct. And did you freely and voluntarily enter into that agreement with the city?
Yes.
Okay, then based on your representations this morning, I'm going to enter an order settling this matter for $100. Okay? You have one other case.
Okay.
Page 105, case number 95220, property address 320 Southwest 13th Avenue. Okay, and again, could you state your name and address for the record?
Yes, Maria Obregon, 320 Southwest 13th Avenue.
And it's already been established, Ms. Obregon, that you are the owner of Greenhouse 320 LLC. And so the property located at 320 Southwest 13th Avenue was cited by the city of Miami for dumping littering on right-of-way alleys or on private property. The area was cleaned up back on June 24th of 2024, but the civil citation remains unpaid. You've had an opportunity to speak with the city this morning regarding that citation, and you wish to settle that citation with the city as well. Is that correct?
Yes.
And after speaking to the city, you've agreed to pay $100 for that citation. Is that right?
Yes, it's correct.
And did you freely and voluntarily enter into that agreement with the city of Miami?
Yes.
All right. Then based on your representations this morning, I'm going to enter an order settling that particular citation for $100. Thank you. And if you come forward, you can get a copy of both orders.
Okay.
Thank you.
Page 45. Case number 94523, property address 560 Southwest 71st Court.
Good morning, sir. Are you the property owner?
He is.
Okay. Is he your relative?
Neighbor. Okay.
Are you going to interpret for him? Yes, ma'am. Okay. You need to be sworn in that you're going to interpret from Spanish to English and English to Spanish. That's the language, correct?
Yes, ma'am.
Can you raise your right hand? Do you solemnly swear or affirm that you will translate from English to Spanish and Spanish to English to the best of your ability? I do. Thank you.
Okay. Could you, sir, just first put your name on the record, please, and your address?
My name is Juan Mena, 571 Southwest, 71st Court, Miami.
Okay. And then could you ask the gentleman with you, your neighbor, his name and address? Yes.
Could you translate that into the... Reynaldo Hernandez, that's his name, address is 560 Southwest 71st Court, Miami, Florida, 33144. Thank you. Can you explain to him that his property located at 560 Southwest...
71st Court. Tell them. Was cited by the city of Miami. For dumping littering on right of way. The area was cleaned up on June 27th of 2024. But the civil citation remained unpaid. He had an opportunity to speak with the city regarding settlement this morning. Is that correct? And after speaking to the city, he wishes to settle this matter for $250. Is that right? And ask him if he freely and voluntarily entered into that agreement with the city. Tell him then, based on his representations today, I'm going to enter an order settling this matter for $250. And if he comes forward, he can get a copy of the signed order.
Thank you.
Page 97, case number 95068, property address 1651 Northwest 33rd Avenue has been voided.
Thank you. Page 157, case number 95066, property address 1625 Northwest 30th Avenue.
Right here?
Over here, if you don't mind. Thank you. Good morning.
Hi, good morning. So she's the owner. I'm her son.
Okay. Does she speak English? She don't speak English, no. What does she speak?
Spanish.
Okay.
I speak Spanish.
I understand you do, and you're going to translate for her.
Do you solemnly swear or affirm that you will translate from English to Spanish and Spanish to English to the best of your ability? Yes. Thank you.
And can you ask her if she gives you the authority to speak on her behalf?
Yes. Okay.
Sir, could you state your name and address first, and then we'll have your mom...
Yeah, my name is Franklin Machado, and I reside at 1625 Northwest 30th Avenue.
Okay. And your mother's name, please?
Her name is Mercedes Fernandez.
Okay. Explain to her, Ms. Fernandez, that her property located at 1625 Northwest 30th Avenue. Tell her.
Yes. Yes.
You understand me or no? No. Okay, so can you just, when I talk, can you whisper in her ear what I'm saying? Okay, what I said is that her property located at 1625 Northwest 30th Avenue was cited by the city of Miami for dumping littering on right-of-way. The area was cleaned up on June 24th of 2024. But the civil citation remained unpaid. Okay. Tell her that we're here today. No, you're okay. Tell her that we're here today to settle this matter. Is that what she wants to do? Okay. And after speaking to the city, she's agreed to pay $250 to settle this matter.
Yes.
And ask her if she freely and voluntarily entered into that agreement with the city.
Yes.
Okay. And tell her, based on her representations, I'm going to settle this matter. for $250. Thank you. Could I just add one thing? Sure.
We've been living in that neighborhood for 51 years. I'm born and raised in Miami.
Me too.
We've never gotten any notification as far as the big garbage, what the standards are pertaining to that. We did get it for the recycling and for the normal garbage pickup. We've gotten notifications, and we've complied with that. But with this solid waste, the big garbage that comes once a week, there's no notifications given to us as to what the standards are pertaining to that. And, you know, we would, if the solid waste is here, somebody in solid waste would send the notifications to the residents, the residents would know, and they would comply, and it would be, you know, we wouldn't have so much garbage, we wouldn't have so much issues. And so that's all that, send us proper notification as to what the standards are, what can be dumped, because, you know, We're an evolution, we continuously change, you know what I mean? Our laws change, our way of life changes, and so just properly notify us so we can, you know.
Okay, and I would also suggest you have code inspectors that are sitting on the side here. Hopefully your code inspector is still here. I would talk to that individual. Also, I hear what you're saying, and you're not wrong, You know, a little education doesn't hurt anybody, but he or she can explain to you. And I would also suggest for everybody else in the audience, even if you've settled this matter, to make sure that you talk to the code officer who's assigned to your neighborhood and have a very good rapport with them, because they're not here to punish you. They're just here to look out for everybody and to make sure. The problem with the dumping especially, I will tell you, and everybody else can hear it too, that when one person dumps in an area, they all of a sudden think that it's a dumping area. And people will drive by, even though they've paid somebody to take and cart the stuff away, somebody will see it and they go, oh, I can just dump there. And so it may not even be your stuff, but the problem is it started, it's your responsibility to clean up, and I know that it's a problem, and it's really not fair for the other residents of the city And I've even heard people say to me, oh, but it was nothing but cuttings and trees and things like that, natural stuff. The problem is that rats and vermin love natural stuff, okay? You know, maybe people and kids like the other kind of stuff, but it just causes just mayhem in the neighborhood. So we all need to work together and try and clean these things up. And I thank you.
Thank you.
Okay, have a good day.
Thank you. Thank you. God bless you.
Thank you.
Same to you. Please come forward. And just for future reference, it is in the city code, but, you know, if you want them to send things out, but all of the requirements on how you're supposed to, what's allowed to be put out, when it's allowed to be put out, the amount that's allowed to be put out is located within the city code. It's chapter 22, and you can find that at municode.com.
Page 223, case number 112622, property address 271 Southwest 69th Avenue.
Good morning, sir. Good morning. Give me one second here. All right. Okay, could you state your name and address for the record, please? My name is Jose Alex Castro and 271 Southwest 69th Avenue. Okay. Mr. Castro, it appears that your property located at 271 Southwest 69th Avenue was cited by the City of Miami for tree removal, trimming, root pruning without a permit.
Yes.
And your property was cited for that violation. You've had an opportunity to speak with the city this morning regarding that citation, and you wish to settle it with the city. Is that correct?
Correct.
And after speaking to the city, you've agreed to settle the matter for $100. Is that right?
Yes, ma'am.
All right. And did you freely and voluntarily enter into that agreement with the city? Yes, I did. Then based on your representations this morning, I'm going to enter an order settling this matter for $100. Thank you so much. Thank you. And if you come forward, you can get a copy of the signed order.
Thank you. Have a good day.
Thank you.
You too. Page 189, case number 95249, property address 31 Northwest 58th Street.
Good morning, sir.
Good morning.
Could you please state your name and address for the record?
Yeah, Francisco Bello, 31 Northwest 58th Street, Miami, Florida, 33127. Okay.
All right, Mr. Bailo, it appears that your property located 31 Northwest 58th Street was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks, or on private property. The area was cleaned up back on June 27th of 2024, but the civil citation remains unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city. Is that correct?
And after speaking to the city, you've agreed to pay $250.00 To settle this matter?
And did you freely and voluntarily enter into that agreement with the city?
Then based on your representations this morning, I'm going to enter an order settling this matter for $250. Thank you. And if you come forward, the clerk will give you a copy of the signed order.
Okay, thank you. Thank you. Page 167. Case number 96563, property address 1129 Northwest 34th Avenue.
Morning, sir. Could you state your name and address for the record, please?
Emilio Gonzalez, 1129 Northway, 34th Avenue, Miami, Florida, 331-25. Okay.
Thank you, Mr. Gonzalez. It appears that your Property located 1129 Northwest 34th Avenue was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks, or on private property. It appears that the area was cleaned up back on July 1st of 2024, but that the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city. Is that correct?
And after speaking to the city, you've agreed to settle it for $250? Yes. And did you freely and voluntarily enter into that agreement with the city? All right. Then based on your representations this morning, I'm going to enter an order settling this matter for $250. Okay. Thank you. And if you come forward, you can get a copy of the signed order.
Thank you.
Thank you.
Page 136, case number 94374, property address 7004, Northeast 5th Avenue.
Morning, sir.
Good morning.
Could you please state your name and address for the record?
Yes, Alejandro Rodriguez, 7004, Northeast 5th Avenue.
And Mr. Rodriguez, what is your relationship to Linder Funds Investment LLC?
I'm the owner.
Can we verify that? Thank you. Okay, Mr. Rodriguez, it appears that the property that you own at 7004 Northeast 5th Avenue was cited by the City of Miami for dumping littering on right-of-way alleys or on sidewalks. The area was cleaned up back on June 24th of 2024. but the civil citation remains unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city. Is that correct?
And after speaking to the city, you've agreed to pay $250 to settle this matter. Is that right?
And did you freely and voluntarily enter into that agreement with the city?
I do.
Okay, Mr. Rodriguez, and based on your representations this morning, I'm going to enter an order settling this matter for $250. Yes. Thank you. And if you come forward, you can get a copy of the signed order. Thank you very much. Thank you. Right here, sir.
Page 118, case number 94692, property address 280 Southwest 69th Avenue.
Good morning. My name is Olga Rodriguez, and this is my mom, Dora Rodriguez. She's a property owner.
Okay. Ask your mom if she gives you the authority to speak on her behalf.
She gives me authority.
Okay. All right. Ms. Rodriguez, it appears that the property that your mom, Dora, owns at 280 Southwest 69th Avenue, was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks, or on private property. The area was cleaned up back on June 27th of 2024, but the civil citation remains unpaid. You've had an opportunity, or your mom did this morning, to speak to the city of Miami, and you wish to settle it with the city. Is that correct?
And after speaking to the city, your mom has agreed to pay $200 to settle this matter. Is that right?
And did she freely and voluntarily enter into that agreement with the city?
Okay. Then based on her representations through you, I am going to enter an order settling this matter for $200. Thank you. Thank you. And if you come forward, you can get a copy of the signed order.
Page 49, case number 79462, property address 280 Northwest 52nd Street.
Good morning, ma'am.
Good morning.
Could you please state your name and address for the record?
Catherine Martinez, 280 Northwest 52nd Street.
Okay, Ms. Martinez, it appears that your property located at 280 Northwest 52nd Street was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks, or on private property. The area was cleaned up back on March 20th of 2024, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city. Is that right?
And after speaking to the city, you've agreed to settle the matter for $250? Yes. And did you freely and voluntarily enter into that agreement with the city?
I did.
Okay. Then based on your representations this morning, I am going to enter an order settling this matter for $250. Thank you. And if you come forward, you can get a copy of the signed order. Thank you.
Page 116, case number 94117, property address 3315, Northwest 14th Street.
Good morning.
Good morning. Just give me one second here. Okay. Are you going to be interpreting?
Yeah. They understand slightly, but.
Okay. Well, who speaks better, your mom or your dad? Okay. Then ask your mom and dad to state their name. Come up to the mic.
Okay. And address? Yes.
All right, ask your mom and dad if they give you the authority to speak on their behalf. And can you then come forward and just put your name into the record? Okay. Ms. Benitez, explain to your parents that they were cited, their property located 3315 Northwest 14th Street. Was cited by the city of Miami. For dumping littering on right of way. The area was cleaned up on June 27th of 2024. but the civil citation remained unpaid. They've had an opportunity to speak with the city this morning regarding settling this matter. Is that what they want to do?
You've got to speak into the mic. She said that, yeah, they got to speak to the city this morning and because they don't have proof that it was not them who... through the garbage there. For that reason, they're just gonna settle.
Okay. Ask her if the garbage was located in front of her property.
Yeah, it's in the front of the house.
Okay. And ask her that after she spoke to the city, if she wishes to settle it for $250.
Ask her if she freely and voluntarily entered into that agreement with the city.
Yeah, she said yeah, because they really don't have the time to appeal anything.
Okay, can you explain to her, though, that she can go to trial today if she wants to, if she feels that, you know, for some reason that she shouldn't be held responsible for this?
She says that she really can't because she doesn't have the proof or evidence or cameras that would show that she wasn't the one that threw the garbage there.
Okay. All right. Well, thank her for her honesty today and tell her that I'm going to enter an order. Settling this matter for $250. Thank you. And if you come forward, you can get a copy of the signed order.
Thank you. Page 120, case number 94878, property address 746 Northeast 80th Street.
Good morning, ma'am.
Good morning.
Could you state your name and address for the record, please? Katarina Pressick, 746 Northeast 88th Street, Miami, Florida, 33138.
All right.
It appears that your property located at 746 Northeast 80th Street was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks. The area was cleaned up back on June 24th of 2024, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city. Is that correct? Correct. And after speaking to the city, you've agreed to pay... $250 to resolve this matter. Is that right?
Right.
And did you freely and voluntarily enter into that agreement with the city?
Okay. Then based on your representations this morning, I'm going to enter an order settling this matter for $250. Thank you. Thank you. And if you come forward, you can get a copy of the signed order.
Page 19. Case number 98348, property address 2750 Northwest 14th Avenue.
Good morning, sir. Could you state your name and address for the record?
Yes, my name is Eduardo Escorcia. I live on 2750 Northwest 14th Avenue.
Okay. Escorcia, is that your name? Yes. Okay. Mr. Escorcia, it appears that your property located at 2750 Northwest 14th Avenue was cited by the city of Miami for dumping littering on right-of-way alley sidewalks or on private property. The area was cleaned up back on October 7th. of 2024, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it. Is that correct?
Correct.
And after speaking to the city, you've agreed to pay $250 to settle this case. Correct. Did you freely and voluntarily enter into that agreement with the city? Yes. Then based on your representations this morning, I'm going to enter an order settling this matter for $250. Thank you, and if you come forward, you can get a copy of the signed order. I think it'd be easier if I just sign them now. We have a few settlements that just came in, so I'm going to take like a three-minute recess, but I'll get to them as soon as I can so that we can proceed with the hearings today.
Right. We have one trial set for today. I'll go ahead and let them know so they can come up and take a look at the digital file.
Perfect. And that's with Inspector Negrin.
The owner for 330 Northwest 25th Court. Bella Mila Estates. You can please come up so you can take a look at your file. Come over here.
Page 200, case number 95579, property address 801 Northwest 19th Court. Good morning. Good morning.
Good morning. If you just give me one second here, I have to get to page 200. Okay.
I'm her niece.
Okay, you're her niece? Okay. She speaks Spanish or English? She speaks Spanish. Okay. Ask your aunt if she gives you the authority to speak on her behalf. Yes, I know. Okay. Then could you, Denise, first state your name and address? Yes.
My name is Cynthia Bautista, and my address is 14611 Southwest 19th Street, Miami, Florida, 33175.
Okay, and your aunt's address and her name?
Her name is Ana Saavedra, and her address is 801 Northwest 19th Court, Miami, Florida, 33125.
Okay. Your aunt's property located at 801 Northwest 19th Court was cited by the city of Miami. Okay. For dumping, littering on right-of-way. The area was cleaned up on June 24th of 2024. I'm sorry, June 28th of 2024.
That's incorrect because she cleaned it up the same day, but I guess.
Okay. You know what happens sometimes? That either the code inspector goes by and sees it was cleaned up But the responsibility of the cleanup really and the notification is on the property owner to let the city know that they've cleaned it up. So explain that to her.
But according to the city's records, the area was cleaned up on June 28th of 2024, but the civil citation remained unpaid.
She had an opportunity to speak with the city this morning and she wishes to settle with the city. Is that correct? Yes. And after speaking to the city, she's agreed to pay $150 to settle this matter?
And ask her if she freely and voluntarily entered into the agreement with the city.
then tell her, based on her representations today, I'm going to enter an order settling this matter for $150. And if she comes forward, she can get a copy of the signed order. Thank you.
Page 85, case number 95080, property address 1000 Northwest 29th Avenue.
Good morning, sir. Give me one second. Let me just get your case here. Okay. Could you state your name and address for the record, please?
My name is Julio Alvarez, and my address is 1000 Northwest 29th Avenue.
Okay. Mr. Alvarez, it appears that your property located at 1000 Northwest 29th Avenue was cited by the City of Miami for dumping littering on right-of-way alleys or on sidewalks. The area was cleaned up back on June 24th of 2024, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter. And after speaking to the city, you wish to settle it for $250, is that correct?
Yes, I did.
And did you freely and voluntarily enter into that agreement with the city?
All right, then based on your representations this morning, I'm going to enter an order settling this matter for $250. Thank you. And if you come forward, you can get a copy of the signed order.
Thank you.
Thank you.
Page 68, case number 81991, property address 2610 Northwest 22nd Avenue. Thank you.
Good morning.
Good morning, ma'am. Could you state your name and address for the record, please?
Miriam Formoso, 7883 Northwest, 166 Terrace, Miami Lakes.
And what is your relationship to El Kake Trust Fund?
I'm the owner.
And we verified that, Ms. Dooley? I have no ability to do so.
I have it here.
Okay. Well, they didn't bring it to me, so I haven't reviewed it. Can you take it now? Please. Yeah, take me two seconds.
She's good.
You were sworn in at the beginning of these proceedings? I was, yes.
It appears that the property that you own at 2610 Northwest 22nd Avenue was cited by the city of Miami for dumping littering on right-of-way alleys or on private property. The area was cleaned up back on April 17th of 2024, but the civil citation remains unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city. Is that correct?
Yes, correct.
And after speaking to the city, you've agreed to pay $250 to settle this matter. Is that right?
Yes, correct.
And did you freely and voluntarily enter into that agreement with the city? I did. Okay, then based on your representations this morning, I'm going to enter an order settling this matter for $250.
Okay, thank you. Can I just say something for the record? Absolutely. The person that lives in this property is my tenant, and he was the one who dumped me. Tires, a couple of tires. So I don't understand, or I know the policy of the city of Miami is that the owner is responsible, but I wish that the tenant would be responsible. He was the one, and we live far away. I don't go there every day, so we don't know what he has done.
I understand, and that's why you have a lease with your tenant, and maybe there's something in the lease that says that you agree to comply with all county laws, state laws. I don't know.
I understand. He left. He didn't pay me for three or four months, and I lost everything. I'm sorry. It doesn't matter what the lease is. They're going to do what they're going to do. I just wanted to say it for the record.
No, that's fine. But the problem is, as the owner, you're responsible. And, you know, I tell everybody, sometimes when you get a piece of property, you get the good with the bad. Sometimes you get a great tenant who keeps it maybe better than an absentee landlord would. And sometimes, you know, you just take a chance and it's unfortunate. But as a property owner, you ultimately are responsible.
Okay, thank you. Thank you.
Page 61, case number 83248, property address 5513, Northeast, Miami Place, Unit 12.
Good morning. Good morning. Does she speak English?
No, a little bit.
What? Is that Spanish?
Creole.
A Creole.
We don't have a- I speak for her.
Okay. Then we're going to, have you sworn in? Yes. Okay. No, no, I know, but to translate from Creole to English.
Please raise your right hand. Do you solemnly swear or affirm that you will translate from Creole to English and English to Creole to the best of your ability?
Thank you. Sir, could you state your name and address? Enter the mic so we can hear you. Yes, you. No, the gentleman. Okay, can you speak into the microphone? Pull the mic towards you.
There you go.
And what is your address, sir?
And ask the woman that you've agreed to translate for her name and address. Yes, I'm going to translate for Marguerite Daphne, 5513 North East Miami Place, apartment 12.
Okay. So when I talk, if you can explain to Ms. Dauphins in Creole what I'm saying, okay? So tell her please that her property located at 5513 North East Miami Place, unit 12. was cited by the city of Miami for dumping littering on right-of-way. The area was cleaned up back on April 8th of 2024. But the civil citation remained unpaid. She's had an opportunity to speak with the city today regarding settlement, is that correct? And after speaking to the city, she's agreed to settle this matter for $250, is that right? And ask her if she freely and voluntarily entered into that agreement with the city. Then tell her, based on her representations today, I'm going to enter an order settling this matter for $250. And if she can come forward, she can get a copy of the signed order. Thank you. Merci beaucoup. How's that?
Page 17, case number 97208, property address 940 Northwest 30th Court.
Morning, sir. Just give me one second. Let me find your case here. Got it. Okay. Could you state your name and address for the record, please?
Johan Fraga, 940 Northwest 30th Court, Miami, Florida, 33125.
Hey, Mr. Fraga, it appears that your property located at 940 Northwest 30th Court was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks on private property. The area was cleaned up back on July 9th of 2024, but it was cleaned up sooner?
It was cleaned the same day. As a matter of fact, it only took the grappler one time. They didn't have to come back. I believe it's excessive because it was the beginning of a hurricane season and there was no limbs. There was very, very small shrubbage. It rained and it was stormy the night before. Some of it might have flown over, but there was not blocking a sidewalk like they claim.
Well, you have two choices here. We can go to trial, and I'll listen to their testimony and your testimony, or you can settle it.
Yeah, it's been lingering for eight months. It would have been compost by now if I would have just left it in my yard. So I'd rather just go ahead and take care of the problem.
Well, either that or the city would have come by and picked it up and billed you for it.
The city did come pick it up, and the same day. Right on schedule. I never take out my garbage way before. I take it out the night before, like I'm supposed to, and it was picked up normally. I believe, if I could show you a picture, you could see.
Well, if you want to settle it, you can settle it. Let's just settle it. It's your choice.
It's taken much of my time already. Let's just settle.
Okay. Well, I've got a couple of questions to ask you. Sure. Okay. So at any rate, the civil citation remains unpaid. You had an opportunity to speak with the city this morning regarding this matter, and you want to settle with the city, is that right?
That's correct.
And after speaking to the city, you've agreed to pay $250 to settle it?
Correct.
All right. And did you freely and voluntarily enter into that agreement with the city? Yes. All right. Then based on your representations today, I'm going to enter an order settling this matter for $250. All right. Thank you.
Page 134, case number 95902, property address 448 Northeast 56th Street.
Morning, sir. Just give me one second to get to page 134. Asking, as their government, why did this happen? Okay. Could you state your name and address for the record, please? Sure.
Good morning. Kevin Hines, 448 Northeast 56th Street.
Okay. Mr. Hines, it appears that your property located at 448... Northeast 56th Street was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks, or on private property. The area was cleaned up back in June 24th of 2024, but the civil citation remains unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and you wish to settle it with the city. Is that correct?
Yes, I have.
Okay. And after talking to the city, you've agreed to pay $250 to settle this case? Yes. And did you freely and voluntarily enter into that agreement with the city?
Yes, I did. But if I could add, we happened to be at that time under a state of emergency here in the state of Florida and here in Miami. And in the state of emergency, it says in the order that I read, it says it would suspend the effect of any statute, rule, or order that would that would in any way prevent, hinder, or delay any mitigation, response, or recovery action necessary to cope with this emergency. In ordinance with this section 252.36111 Florida statutes. So I was under the understanding that we were supposed to clean it up and and I was doing a good thing. I did not do something to... You know, it's not like it was just illegally dumping in front of my property. I actually cleaned up after the flood. So, you know, I guess no good deed goes unpunished, but, you know, I didn't do it as... I mean, I live in Morningside. I don't, you know... You know, that's not what I do.
No, no, I get it. And maybe that's why, you know, the city offered you a settlement in this matter. But, you know, we have to also be very careful that after and during, especially state of emergencies, when we pile up things, sometimes it's worse than just leaving them on our property until things settle down. Because then you have a huge pile of... that sometimes causes more problems than you would think. I know you were trying to do the right thing and clean up your property, because either during or right after an emergency or a state of emergency, you go a little stir-crazy in your house, and it's time to come out when the sun maybe comes out.
Sure.
But I'm just telling you that it causes sometimes more harm. And I assure you that if you left trees or whatever was, I don't know what was there, but if you left it on your property, you wouldn't have been cited. But the fact that you put it all out there, and it also, like I said earlier, causes others to see that, and they think, oh, great, it's a dumping area. We'll just make one huge pile, and then ultimately you're held responsible for it.
Well, you know, actually, it was kind of the opposite of that. It was like strode everywhere. It was actually in the streets and everything. And not only I, but the neighbors, we all did it and got it out of the streets. Because the flooding, I mean, the water was like literally waist deep in some areas. And it was in the streets and it was, we had downed wires. I mean, it was a dangerous situation. You couldn't even pass the streets. So we weren't cleaning up our properties and taking it out to.
No, no, I understand. And just to clarify, the orders are directed for the local governments. They're not. directed to the average individual citizen. And while I can understand that that may have been confusing when you looked at the order, but emergency orders are not directed to you, the citizen. They're directed to the local governments to do what needs to be done. And so that's probably where in the confusion lies. Because again, When they coordinate those emergency efforts, a lot of us here work on the emergency operations center teams. When they coordinate those efforts, when something happens, the governor gives them the authority to do what they need to do, but that's not an order for you to say, hey, our neighborhood, we're just going to do our own thing. Does that make sense to you?
Actually, sure.
So that it's done in an organized rather than an ad hoc way. this neighborhood's doing this and that's that because then, as the magistrate said, you'll have a lot of problems with, one, you could have power lines down and that's, you don't even want to go into that stuff because you don't know what's live and what's not live. Or anybody doesn't. But then they don't know where they got to go to pick up. They'll set certain parameters of when they're going to pick up. And then if you can do what it is that you did this time, you'll actually get a notice. They'll actually post it on your door or they'll come by your neighborhoods and they'll tell you Go ahead and put it all together.
Well, actually, it was really great because the day after we did all this, they had the trucks in the neighborhood. They keep it really nice. Again, no good deed goes unpunished, I guess.
I was in Miami during this period of time, and I know I ended up sitting in my vehicle in somebody's driveway for about three hours because I was scared to death to drive through it, and I drive a pretty high car. You were washed away. It was terrible, terrible.
Anyway, I appreciate your help.
Thank you.
The only thing we have left is a trial. Okay.
I'm ready.
Then we're ready to go. It's gonna be page 39, case number 00095634, address is 330 Northwest 25th Court, Bella Mela Estates. Again, that's page 39.
Good morning, sir. Good morning. Could you state your name and address for the record?
My name is Julio Chia, 330 Northwest, 25th Court, Miami, Florida, 33125.
And what is your relationship to Bellamia Estates, Inc.?
We're the owners of the company, me and my family. We're part of it.
Yes, they're both the owners. Okay, they're both the owners. Okay.
This is my father.
And could your father state his name and address for the record?
Julio Chia.
And your address?
330 Northwest 25th Court, Miami, Florida, 33125.
It appears that your property located at 330 Northwest 25th Court was cited by the city of Miami for dumping littering on right-of-way sidewalks, alleys, or on private property.
Correct.
and that the area was cleaned up on June 24th of 2024, but the civil citation remains unpaid. How do you plead to that offense? Guilty or not guilty? Not guilty. Okay.
Checking something. All right. Inspector, can you please state your name for the record?
Yes, good morning. Inspector Negreen, Solid Waste Department, City of Miami.
Did you cite the aforementioned property for violation of 22-6 of the city code? Correct. And this was in relation to fencing as well as other garbage located in the back alleyway, which is adjacent to the property at issue. Is that correct? That's correct. All right. I'm going to show you what's composite exhibit A, which is pages 1 through 50. Is this a document you prepared for today's hearing?
Yes. Okay.
And for the record, I did go through it with both of the owners when we were on a little break, so they were able to at least look at it. Page one, as you can see here, this is the original notice of violation, which is issued on June 12th of 2024. Is that correct? Correct. And it went to both the owner as well as the registered agent, correct? Yes. And we have your affidavit of posting. of both having posted it and certified mail, correct? Correct. And then we have the summons for today, which was sent to both the registered agent as well as the owner, the corporate owner, which you posted on the property and then mailed to the addresses they provided by the property appraiser as well as Sunbiz for today's hearing, correct? Yes. And then this is the appeal itself, which is on page 16, is that correct? Yes. I'll leave that up for you. Madam Magistrate. Okay.
And you filed an appeal in this matter and you stated that the garbage dumped in the back city, alley, I'm sorry, 26th Avenue, not really on my property. It's an old fence, clearly not mine. My old fence shown... In the picture.
In the picture, my old fence is still...
Something's still standing, is still standing. Proper documentation was not sent priority, but posted in the back of the fence. Came to find out days later, own this property for close to 30 years. I've never had this issue. Why would I dump garbage behind my house? That was your, and that's why you're claiming you should not be held responsible. Is that correct?
Definitely not.
Okay. You've had an opportunity to review the city's file. did you have an opportunity to review the city's file?
I'm sorry, what do you mean?
Did you look at the papers that are in the city's file? Yes. Okay. And the city's wishing to enter those documents into evidence. Do you have any objection to me considering those documents?
Yes, I do, actually.
Okay, and tell me what your objection is.
Can I go through the rest of them, or you want to just do it now? I have more.
Well, what do you object to?
Well, I definitely object to getting cited for really an improper ticket to the property. And also, that's an alley. So that's a rental property. So we have tenants. That's not the way we enter the house. It's in front of a house. It's in the front. No, I understand. It's an alleyway.
Alleys are usually in the back of a house.
Correct. So when I used to live there maybe, I don't know, maybe 20 years ago probably, where the post office was at, which is, I'm behind the post office. They've always done illegal dumping there for as long as I've known. And I've never had this issue.
You're lucky.
I'm sorry?
I said you're lucky.
Yes, I've never had this issue, but... Well, you mean you've never been cited before? I've never been cited. I've always seen garbage in the other side. Obviously, I never called or never worried about it because it's not blocking nothing, not obstructing my, you know, my entrance or nothing like that.
Is there grass located near the fence?
Is there grass?
Okay.
Very little.
Okay. Well, does your gardener take care of that?
I mean, no, it's actually, there's not that grass. Like, if you look at the pictures, it's just like rocks and like little, like gardening, landscaping ornaments.
But who takes care of that? The city or your tenant or you?
Nobody. Oh, the tenant. I'm sorry, the tenant.
Okay. So the tenant realizes that that's part of the property. I just want to clarify.
Okay. So what I was getting at, so we found out days after because my tenant never goes back there. He only goes to the front of the house. We found out days later the notice was pasted in the actual front. I mean, in the back of the fence. Then after, I think, they put it in the front.
Okay.
But, well, prior to this dumping, after that, you know, I was very, you know, paranoid I was going to get cited again. You could check if you want with the 301 calls. There was three more illegal dumpings that, obviously, you have my tenant shook because he's always now on the lookout for garbage. And I have records that I called three more times, and they dumped three more times sofas.
Were you cited three more times?
No, because you called 311.
Because I called. I understand. Because why? Now my neighbor is paranoid, and he's still paranoid. Well, it's not paranoid.
He knows that it's his responsibility. I'm just telling you. I'm just telling you.
So I did my part. I put a sign, no trespassing, surveillance. I put a dummy camera to just maybe deter the problem. You don't have to say dummy.
Put a camera there.
Yeah. I put a camera, and... They still, they don't care, and they still dump back there. This is an ongoing issue, I see.
I understand that. Okay, but so what is your objection to me considering the city's, are you saying you're objecting because it was posted in the back as opposed to the front?
It's clearly not my garbage. It's clearly not even my fence.
I'm not asking that, okay? I'm asking what is your objection? You'll have an opportunity to tell me your case. We're going to We're in trial now, okay? I explained at the beginning, the city will have an opportunity to explain their case. You'll have an opportunity to ask them any questions that you want to ask them. And then you'll have your turn to speak your piece. The city will ask any questions they have of you. I'll listen to all the evidence and then I'll rule. But my question to you is, what is your objection to me considering the city's documents? That's what I'm trying to get to right now. Are you claiming that they posted the back of the property as opposed to the front? Is that one of your objections? I'm just asking. I'm trying to figure out.
That'll probably be one of the reasons as well. Okay. They posted in the back.
Okay. All right. State statute states that the property has to be posted, correct?
Yes. The remainder of what I'll show you shows all of the postings, including in the front of the house. Okay. And it doesn't say posting on the front or the back, but... It's posting and mailing. It's either or. We've done both.
I'm just not there yet. I'm going to overrule your objection to the fact that it was put in the back because the statute clearly states that property has to be posted. It doesn't say front versus back or anything of that nature. What other objections do you have me considering the evidence that they have so far, these documents that that you're the owner of the property. Do you object to that?
Okay. What proof do you have that that's my garbage?
Okay. We haven't gotten there yet. Okay. And I will tell you that the question becomes, if it's on your property, it becomes your garbage. I'm just telling you. I've heard many cases here, and you'd be surprised. There are cases where the city of Miami puts on gloves, and if there's lots of garbage bags in front of somebody's property, they will go through that garbage, and if they happen to find that it belongs to somebody else, they go and cite that somebody else. And how do you, can you imagine that somebody else comes in and says, well, I don't live on that street. That can't be my garbage. Well, somebody dumped it there. And they're the ones ultimately responsible. Maybe the city couldn't figure out whose fence it was. I haven't heard all the evidence, so I don't know. Maybe it was your tenant who put it there. Maybe it was somebody else that put it there. I don't know. But I'm just trying to figure out what other objections do you have. I'm going to enter into evidence your appeal. that I read into the record. You obviously have no objection to that, right? Do you have any objection to me considering this Sunbiz.org document that's up on the screen now that basically shows that Rodolfo Chai is the owner of this property? You have no objection to that, right?
Okay. And... This is the case history fact sheet. Okay, so now you can proceed.
Okay, Inspector, you found the address and the property owner information by going to Sunbiz after the Miami-Dade County property page, correct?
Correct.
All right, and so that's the address that you used to send the certified mail for both the corporation as well as the registered agent, correct? That's correct. All right. And you have your case fact sheet. This is the deed showing who's the owner of the property. Wait, wait, wait. Okay.
Wait, could you just, I just want to look at it quickly.
Okay. And then the next is the property appraiser showing the owner of record. It's not a homesteaded property. And the value. And the value. Here's all the UPS tracking numbers to show that it was mailed. Yes.
All right.
And then let me turn these, correct? And this photograph you took on June 11th, this is the front of the property, correct?
Yes, correct.
Okay. And then this is the backside of the property, is that correct? Yes. And so it's up onto the, right by the sidewalk area, pushed up against their back fence, correct?
Yes, correct.
And you have the wood pilings as well as all of the garbage.
Yes. All right.
Do these photos fairly and accurately depict what it looks like?
Mm-hmm.
And you also see to the left here, there are looks like cylinder blocks as well. Yes. That are sitting out on the sidewalk, a budding right up next to the fence.
That's correct.
Okay.
We have a blue bin box that's sitting out there as well. Is that correct? Yes. Okay. And all of these are located within their property?
And that's the picture of the other garbage that's there as well? Mm-hmm.
Which is a lot of pictures.
Yeah.
And this is the front of the house, correct? Yes. And what I'm circling here, that's where you posted it, correct? Yes, it was in the front of the property. Okay. So, sorry, I flipped it once too many. This is the original posting?
Yeah.
For the notice of violation?
Okay. And then you have the back. Yes. Again, when it's cleaned up.
The city collected the pile. Right.
And it removed all of it. It removed the brick cylinders, everything. Everything. That was sitting out there.
Could you just put those so that I can see them? Horizontal. There. There we go. What, you need to look at it normal? That's fine. Yeah.
Okay. You want it larger?
No, it's fine. I can see.
Okay. We're almost at the end. And then here was the last posting, sorry, which was for today, right? The summons for today. At this time, the city would seek to admit pages 1 through 50.
Okay. Sir, you saw the photographs?
Okay. Do you have an objection to those photographs?
Okay. Then I'm going to enter everything that the city has presented so far into evidence.
Thank you. Inspector, did anybody contact you or speak to you about the conditions of the property? No. And was there a 311 call or any other call that had been made prior to this? No. When was the last time prior to this incident that there was a 311 call?
It was 2017.
And have you since then received 311s?
Okay. Nothing further at this time. Okay. Do you have any questions of the code officer? No, I don't. That box that's there, does it have a label on it?
I don't think that wasn't a label. There was no address label on it. It would have been cited if it had been.
Sir, can you get in and out of the property from the back or not?
You could, but it never opens.
Well, I see that there's a door here.
There's a door, yes, but nobody goes in and out through there at all.
Okay, but if somebody wanted to, they could. Of course. Okay, okay.
All right.
And... Ms. Inspector, the entire wood area, is that the entire property?
Okay.
Sorry.
So some is graffitied and some isn't?
Okay. Was any of the wood fence replaced or changed that you could tell? No.
Okay. Okay. Was there any construction going on in the area that you could tell?
I don't think so, but remember, I don't have a really good view, you know, coming from the alleyway.
Okay. No, I meant in the area. No. That's a lot of construction material. I know. A lot. Okay. All right. Sir, it's your turn.
Well, just how you stated right now and you asked the inspector about the fence. The key, the key, I guess the key here is the fence. You can clearly tell it's still the same fence. I understand if I would have put a brand new fence and you would have seen that. It's you got me, you know, with a hot potato, but it's not even my fence, not my garbage like I stated before. You know, I understand. if maybe something else was put up but it's the same same fence and god knows who put all that garbage in there and it is true that's a lot a lot a lot of garbage also if my tenant i guess let's just say he would have thrown that out someone would have seen him do that and someone would have called that that was an illegal dumping going on
Well, unless he doesn't use that area much. Let me tell you the problem that I'm having. Can I look at some more of these photos, please?
Of the alleyway.
Let me make it smaller. That good or more?
Okay.
And I'm sorry to interrupt. For the record, those are not cylinder blocks. Those are landscaping, I guess, trims.
Okay.
The ones up against the fence?
Correct. Those are not cylinder blocks. If you zoom in.
And they can't be there either. For purposes of the city, they're required to keep their property and area clean and free of debris and to not allow such things to go on. Clearly, this is an area that their tenant is not here, so no one can say whether or not the tenant did something else or told somebody to leave it back there and the city would come and take it. The garbage is back there. They're either, one, willfully allowing people to use their property as a dumping ground because they're clearly not back there, There's a lot of garbage that's been back there, and I don't think it's a short period of time. It's open. Somebody's had a chance to go through it. I don't know what the landscaping blocks are there for, but those wouldn't be allowed to be there if they're from the property. Under 22-6, it is their responsibility to maintain their property, and they failed to do so in this case. Apparently, they are in the future moving forward doing that, but they were not doing it at the time. And the tenant is not here to testify, and they certainly can't speak for the tenant.
Where is the garbage picked up in this neighborhood? Is it picked up in the front or in the back?
Normally in that area in the front.
Okay, because I see it looks like there's garbage cans, unless those are people. I can't tell. Yeah, right, back there.
Anything. Anything.
Okay. Maybe it's not. It's hard to tell. It looks like a person, but I don't know if they're...
Okay.
And another question I have is, what is the extent of the public property or the right-of-way from the fence lines?
Well, this is a private alleyway, so this belongs to all of the owners back there. And you can see that there's the sidewalk. All of this stuff is within and on the sidewalk. It has the same effect as the front of the property. It's no different. You know, in the front of the property, if you're on the sidewalk, on the swale, even into the road, that's your responsibility for your property. It's no different in the back or the side.
Okay, but what I'm getting... is the fact that this is a private alleyway, then the property owner would own up to 50% of the road. Yes. That's abutting his or her property. Yes. And then the other 50% would belong to the owner across the street. Correct.
Okay.
Follow what I'm saying, sir?
Okay. So... The fact that you're telling me this is not yours, that you didn't personally do it, what else are you telling me why you should not be held responsible for these materials being placed on this roadway? Which is clearly your property.
I understand it's my property, but... I did not dump that there. My tenant didn't dump that there. So can I make an example of something? How about if somebody will dump garbage in front of your property, your real property, you're okay to eat that $500 ticket and just... Well, I would have two choices according to the law.
Choices would be to immediately call 311 and tell them that somebody has dumped a property that does not belong to me on my property. That would be number one. Or the second thing is I'd have to go clean it up.
How about if you were out of town? or you have a rental property. Put yourself in my shoes.
No, no, I hear what you're saying. Or I would be told to put up cameras, and if there's somebody else dumping it, that clearly shows that somebody is creating a criminal act, then, you know, that basically will get you a, you know, I wouldn't say a free pass, but at least would give you a defense as to why you should not be held responsible. The problem I have here is that this is a massive amount of materials. Clearly was not, I don't believe. And I don't think, I think that by preponderance of the evidence shows that this was not put there like in a minute. OK, this took some time because it's a massive amount of stuff and so a lot. And so whoever was living at the house at the time and as the as a landlord, you are ultimately responsible. That that's that's the way the law is. You're fortunate that you have a tenant there who can be your eyes and ears. OK, but even if it was vacant, the property that would not relieve your responsibility to make sure that the property is cleaned. It helps you to have it occupied because now you have a tenant who is telling you, you know, there's a problem here. Either call 311. put up cameras. And what happens, as I said this earlier, is that when somebody sees an area like this, it looks like a dumping area, that they think that it's nice to put it all in one location instead of spreading the wealth. But the problem becomes whoever's property it is, is going to be held responsible to clean it up or to remove it. And that's the problem. I understand you didn't do it, okay? I don't think you did it personally. Okay. I don't know if your tenant did or not.
I highly doubt that.
Okay. And maybe it's a 95-year-old woman is your tenant. I don't know. I highly doubt that. Okay. But what I'm saying is I believe that this did not come from your property. Okay. From what I could see. Okay. Did you check to see if there were any permits pulled? No. There were none or you didn't check? No.
Okay.
Okay. Did you check to see if there were any permits pulled?
Remember, it's the citation coming from last year, June. At that time, no.
You did not check or there were no?
No, yeah, I did. Okay, that's what I'm trying to get. Yeah, I'm sorry. I'm sorry.
Okay, so you checked and there were no permits pulled?
Yeah.
Okay, but that in and of itself doesn't mean that there wasn't work there because many people unfortunately do work without a permit. But I don't believe that this, from what I'm seeing and listening to you, your testimony, I don't think this came from your property. But that It doesn't sway me with whether or not you're guilty or the property's guilty of having this material on the property. Do you have anything further?
I don't. Okay.
Well, based on what I've seen, clearly this material was on your property, and it clearly was your property. It's clearly your responsibility to take care of. I understand that you don't think it's fair. I understand that that you believe you shouldn't be held responsible, but it is your property and it's it's your responsibility to maintain this area. And that's why I ask if like, for instance, if there was a pothole there. OK, and somebody was driving down this alleyway and they got a flat tire. They're not going to go to the city. They're going to come to to you. OK, because it's your responsibility to make sure that that area is clean of debris and clean of any potholes and things of that nature. So and that's why I had asked about grass on the area. because a lot of times there's a little bit of patch of grass, and people don't realize, even though their gardeners go out there and clean it up or do whatever they do to it, that's part of their property and their responsibility. So if there's nothing further, I'm going to find that this property is guilty of dumping, littering on right-of-way. I know it's a $525 citation, but... It's cleaned up now, and it may be an expensive lesson to you, but I'm going to enter an order resolving this matter for $250. And that's my order.
That's fine.
Okay, and if you wait, I will give you a copy of the signed order.
Okay, can I state something?
Sure.
So for the record, the money, paying the fine or the money was never the issue. It was just... I'm not going to, I wanted to be heard and to let you know, you know, everybody here that, you know, that this is, just know that I was really, really, it was an unfair call and it was a low blow, but it's all good.
You know, I'm going to, any of these comments, I'm going to object and ask that we're done. And he's looking at her and I think that that's inappropriate.
She's just out there doing her job. She is doing her job, but I will tell you, um, it I understand and I appreciate your statement about the money that but the city you know is very happy not to cite your property if it's clean and the fact that you started off this conversation by saying you use the word paranoid I wouldn't I wouldn't call it paranoid I would I would call it being responsible. That's what I would call it, okay? And, you know, unfortunately, your tenant has learned that he or she needs to be responsible, and if they see something, they need to say something. And if that means picking up the phone and calling you, or if that means picking up the phone and calling 311, or if that means picking up the phone or the computer and contacting the code officer and say, you know, I went to sleep last night. Everything was fine. I woke up this morning. There's a massive amount of stuff here. I didn't do it, okay? That's all that has to be done here is to be responsible and to watch out. Go ahead.
So another question. Obviously, after this incident, there was more garbage being thrown. If I hadn't noticed those garbages as well on call 311, I would have got incited for those too.
That is absolutely correct. Absolutely correct. So you dodged a bullet there. Okay. And each citation would have been $525.
Well, you know, now, well, now there's a police officer actually back there now.
Good.
Yeah. He's actually good. My tenant told me that, you know, and, and also after this incident happened, um, I spoke to somebody in the city and actually put a sign that illegal dumping is being surveyed in 24 hours, whatever. But now, I haven't had any instances last year.
Good.
See? So I guess it works.
I guess it works. And also, as I said earlier, I'm going to tell you, the city does an excellent job of going through the materials there. And if there is any way, and that's why I asked about that box, okay? If there's any way that they can figure out Where that item came from? Because you know what happens a lot of times? What happens also is you have people that just are evicted or they leave their properties and then they go and they clean them out and then they just see an alley somewhere or they see this area that looks like it's already a mess. Why mess up something else? We'll just add to the pile. And if the city can figure out where that stuff came from, and you can only imagine that the property owner, whose male it was, okay, who is being cited, and that's not the tenant, but the owner, okay, I'm just telling you that everybody needs to take the responsibility to keep their property clean.
Thank you.
All right, thank you.
There are no further cases.
Okay. Go right over here.
This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.