Ticket Appeal - Regular Meeting

This year we were working with 37 agencies, local and state agencies, so we're so excited for the small businesses.

This is phenomenal.

Thank you. Thank you. you you

We need to keep our voices down if you have something you're still doing. I would like to take this opportunity to welcome you to this meeting of the City of Miami ticketing appellate hearings. My name is Dawn Grace Jones and I am the hearing officer, called a magistrate at times. Please rise at this time for the Pledge of Allegiance.

I pledge of allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you. At this time, you can be sworn in. So stand up, keep standing. If you're testifying, it's very important that you are sworn in.

Please 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, so help you God? Thank you very much.

Thank you. Let me just ask, if anyone has someone, you can have a seat carefully and quietly. If you have someone who's going to translate for you, does anybody have someone with them? Are you translating, ma'am? Okay, I'm going to ask you when you go to your seat to you stand up. because you're going to be sworn in as a translator. Okay? So where are you going? You can be sworn right there. Are you the only person? Stand up, ma'am, if you're being sworn in as someone translating. We're doing it at this time.

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

Thank you. Thank you. So understand that these hearings are conducted by the city of Miami, a 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 the 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 the cases presented by the code enforcement inspectors, and then to hear the cases presented by the alleged violators. These hearings are open to the public. It is required that all persons who are going to testify be placed under oath, including the code enforcement inspector. Just understand also that these hearings are not conducted in accordance with any formal rules related to evidence and witnesses. Any relevant evidence will be admitted if I find it competent and reliable regardless of the existence of any statutory rule to the contrary. Each party shall have the right to call witnesses and examine witnesses and introduce exhibits and cross-examine opposing witnesses. It is my responsibility to make findings of fact based on the evidence of record. Fact finding determination will be limited to whether the violation did occur and whether the person named in the violation notice can be held responsible for that violation. In order to uphold the city's code enforcement's decision, I must find that a preponderance of the evidence indicates that the person named as the violator is responsible for that relevant section of the code. I'm looking at why my decision will be the amount of a civil penalty I'll give and the amount of any administrative costs that I may add. Understand that. You're also warned if you fail to comply with the violation by the date upon which the violation must be corrected, that will result in an automatic referral to the Code Enforcement Board, and that may result in additional fines per day. Okay, so if you want to overturn whatever my decision is, either side, you will appeal to Dade County Circuit Court appellate division within 30 days of the order. Within 30 days of the order, you can appeal. Okay, so after the code enforcement inspector has presented his or her case, you will present your case. And that's provided you're having a full trial. Right now, we'll start the proceedings. We are starting with the agreements, the settlements. So if you've settled your case, your case is going to be heard first. Those are the cases that will be called first. Everyone is to go to this podium, okay? So we're starting at this time.

Page 63, case number 97013, property address 5151 Northwest 4th Terrace. Page 63.

Good morning. Your name, please.

Good morning. My name is Damian Miranda. I'm the translator for my mom.

Your mom. I need your name on the record, please, ma'am.

Ana Maris Nunez.

I need her to say her name on the record, please.

Ana Maris Nunez.

Okay. You're allowing your son to translate for you, right?

Okay.

Yes. Okay. Sir. Sir. This is 5151 Northwest 4th Terrace, is that correct?

Yes, ma'am.

I have a document stating that you've agreed with the city that the violation did occur, you're legally responsible, it's been affirmed, and you've agreed to pay $250, is that correct? Yes, ma'am. So order it. So you're going to come over to the clerk. You have two copies, everybody. You're going to sign both. One you'll keep, one the city will keep, okay? So you'll come over and sign now. Thank you. Perfect, thank you.

Page 132, case number 97095, property address 600 Southwest 60th Court.

Good morning. Good morning. Your name, sir? Alberto Pleitas. Excellent. 600 Southwest 60th Court.

Yes, ma'am.

So you have an agreement with the city. The violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250. Is that correct?

Yes, I guess.

Is that correct?

Yes.

So ordered. Thank you, sir. You need to come and sign both copies. Thank you so much.

Page 76, case number 97680, property address 455 Northwest 45th Avenue.

Good morning.

Good morning.

Good morning.

So the address is 455 Northwest 45 Avenue. So you have an agreement with the city that the violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250. Is that correct?

Yeah. Yes.

So order. And your name, sir. I'm sorry. Excellent. Thank you, sir. So order. Come sign, please.

Page 66, case number 97651, property address 795 Northwest 59th Street. Where are they? Oh. Hey.

Good morning. Your name, please. Good morning. Your name?

Onija Young-White.

Good morning, ma'am. So this is 795 Northwest 59th Street?

Correct.

Yes. Your agreement with the city states the violation did occur. You're legally responsible. It's been affirmed, and you've agreed to pay $150. Is that correct? Correct. So order. Thank you, ma'am. Come sign. Thank you.

Page 94, case number 97022, property address 1878, Northwest 15th Street.

Good morning.

Hey, good morning. Good morning. Your name, sir?

Joe Shamrock.

Okay, so this is Riverside Holdings?

Yes, it is.

What's your affiliation with that company?

I own it.

You own the company? City's confirmed, right?

Yes, he's good. Thank you, sir. So that's 1878 Northwest 15th Street.

Yes.

So you have an agreement with the city. The violation did occur.

Yes.

You're legally responsible. It's been affirmed. And you've agreed to pay $250. Is that correct?

That is correct.

So ordered. Thank you, sir. Come inside.

Page 21, case number 85975, property address 1101 Northwest 19th Avenue.

Good morning.

Hey, good morning. Your name, please?

My name is Zaira Diaz.

Yes, ma'am. Thank you. This is 1101 Northwest 19th Avenue, right? So you do have this agreement with the city that the violation did occur. You're legally responsible, it's been affirmed, and you've agreed to pay $150, is that correct?

Yes, correct.

So ordered, thank you.

Thank you, have a great day.

You too, thank you, ma'am, come.

Page 184, case number 98053, property address 3667 Southwest 24th Terrace.

Good morning.

Good morning.

Your name, please.

Antonio Lopez.

Thank you, sir. So this is 3667 Southwest 24th Terrace, right? Yes. Yes, sir. So I have an agreement here. It says that the violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250. Is that correct?

Yes, it is.

So ordered. Thank you so much. Come to the front. Signed.

Page 115, case number 96552, property address 550 Tamiami Boulevard.

Hi, good morning, your name please?

Raquel Mederos.

Yes, this is 550 Tamiami Boulevard. And you do have an agreement with the city that the violation did occur. You're legally responsible. It's been affirmed, and you've agreed to pay $250. Is that correct? Correct. So ordered. Thank you. Come sign.

Page 68, case number 97519, property address 3910 Southwest 2nd Street.

Right here.

Good morning.

Hey, good morning. Your name, please? Walter Bertat. Yes, sir. 3910 Southwest 2nd Street. So you have an agreement with the city that the violation did occur. You're legally responsible and it's been affirmed. You've agreed to pay $250. Is that correct? Correct. So ordered. Thank you.

Page 126, case number. 97031, property address 823 Northwest 23rd Avenue.

Hello, good morning, your name please? Yes, this is 823 Northwest 23rd Avenue, right? Correct. So you have an agreement with the city. The violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250. Is that correct? Correct. So order. Thank you. Come sign.

Page 198, case number 98347, property address 1478 Northwest 33rd Street. Good morning.

Hey, good morning. Your name, please?

Carolina Collado.

Thank you. 1478 Northwest 33rd Street. Correct. So you have that agreement with the city. The violation did occur. Are you illegally responsible? It's been affirmed. Correct. You've agreed to pay $250. Is that correct?

Yes.

So ordered. Thank you.

Thank you. Page 201, case number 98373. Property address 1855 Northwest, 22nd Place.

Good morning. Hey, good morning, good morning. Your name, please?

Sheikh Akhtar.

And this is A-R-Y-A-L-L-C. What's your affiliation with that company?

I'm the president.

You're the president. He's the owner. You're the owner. So this is 1855 Northwest 22nd Place.

Correct.

So you have an agreement with the city. The violation did occur. You're legally responsible. It's been affirmed. And you've agreed to pay $250, correct?

Yes, ma'am.

So ordered. Thank you, sir. Come sign.

Thank you. Page 140, case number 98197, property address 258 Northwest 47th Avenue.

Good morning. How are you? Your name, please.

Sergio Concepcion.

Yes, and what's your affiliation with 258 Apartments, LLC? I'm the owner. You are the owner. And the city's confirmed. Sir, this address is 258 Northwest 47th Avenue, and this agreement states that the violation did occur. You're legally responsible. It's been affirmed. And you've agreed to pay $250. Is that correct? That is correct. So ordered. Thank you, sir.

Page 175, case number 98756, property address 3661 Southwest 25th Terrace.

Good morning. Your name, please.

Miriam Blanco.

Ah, yes. So this is 3661 Southwest 25th Terrace. Correct. You have disagreement with the city. The violation did occur. You're legally responsible. It's been affirmed. And you've agreed to pay $250. Is that correct?

Yes.

So order. Thank you, ma'am. Thank you.

Thank you. Page 13, case number 94919, property address 3056 Northwest 14th Street.

Hey, good morning. Sir, your name, please. And your affiliation with HDJA3 Realty. I'm the owner. You are the owner. And the city has confirmed. So this is 3056 Northwest 14th Street. Correct. Yes. So you have an agreement with the city. The violation did occur. You're legally responsible. It's affirmed. You've agreed to pay $525, is that correct? So ordered, thank you.

Page 239, case number 114209, property address 3290 Shipping Avenue.

Good morning.

Good morning, what's your name please?

Edmi Hernandez, representing the owner. She has a valid power of attorney.

Thank you. Thank you. And that's 3290 Shipping Avenue. Correct. And you have this agreement with city violation. Did it occur you're legally responsible? It's been affirmed, and you've agreed to pay $2,000. Is that correct? That is correct. Thank you so much. So ordered.

Thank you.

Thank you. I'm signed.

Page 217, case number 98736, property address 198 Northwest 46th Avenue.

Good morning. Your name, please? Javier Sanchez. Thank you. What's your affiliation with Elise Apartments, LLC?

He has a valid power of attorney.

So this is 198 Northwest 46th Avenue, right? Yes. And you have an agreement that the violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250. Is that correct? That's correct. So ordered. Thank you, sir. Come.

Before we call the next case, if you have requested your case to be set for trial and you would like to review the city's digital file, you can please come up to me. We'll do it quietly and show it to you on the screen. So please, this is your opportunity before we start the trials. After the settlements are done, please come up and we'll be able to show you your digital file. Now is your opportunity to look at it. Thank you.

Page 57. Case number 96096 and page 71, case number 92800, property address 990 Southwest 4th Street.

Hello. Hi, sir. Your name, good morning.

Good morning. Raul Yohas for 99, I have a POA.

Oh, you do have a power of attorney?

Yes, he's good to go.

So this is 990 Southwest 4th Street, two different cases. Yes. Okay. So you have these agreements, and they state that the violation, one of them states, let's just do it this way, the one in 00096096, violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250. Is that correct? So order. And let's just do the second one now really quickly. You're the same person. This is 000-928-00. Same address. Violation did occur. You're legally responsible. It's been affirmed. You agreed to pay $79. Is that correct?

Yes.

So ordered on both. Sir, just come to the front so you can sign. Thank you.

Page 173, case number 92207, property address 790 Northwest 63rd Street.

Good morning.

Joshua Wolfgang Zarabetia.

What's your name, sir?

Joshua Wolfgang Zarabetia.

Thank you so much. This is 790 Northwest 63rd Street. Yes, correct. You have this agreement with the city. The violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $200. Is that correct? So ordered. Thank you, sir. Come sign. Thank you.

Page 34, case number 97020, property address 820 Northwest 30th Avenue. Hi, good morning.

Your name?

Gloria Lacerna.

Yes, ma'am. This is 820 Northwest 30th Avenue, and you have this agreement with the city that the violation did occur. You are legally responsible. It's been affirmed. Yes. And you've agreed to pay $100. Is that correct? That is correct. So ordered. Thank you. Thank you.

Page 150, case number 98375. And page 153, case number 98372. Property address 661 Northwest First Street.

Thank you. Good morning. Good morning. Your name, please.

Mireya Guerra.

Thank you, thank you. Two cases. Let me do the first one. It's 000, this is the case number, 98372, the address 661 Northwest First Street.

Yes.

Violation did occur. You're stating you're legally responsible. It's been affirmed. You've agreed to pay $250. Yes. So ordered on that one. The next one, the case number is 00098375. Address the same, 661 Northwest 1st Street. Violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $525. Yes. So ordered. Thank you. Bye-bye. Thank you. Come over here. Bye. Listen, you can just hear them. But it's going to be an issue soon, but we can work.

Page 170, case number 98746, property address 2431 Southwest 26th Lane. No. That's not it.

Good morning.

Oh, it is.

They weren't speaking.

Hey, good morning. Your name, please.

Jorge Rodriguez Anton.

Yes, sir. So this address is 2431 Southwest 26th Lane.

Yes, ma'am.

I have an agreement with the city. The violation did occur. You're legally responsible. It's been affirmed, and you've agreed to pay $250. Is that correct? Yes, ma'am. So ordered. Thank you, sir. Come sign.

Page 123, case number 96099, property address 5745 Northwest 5th Avenue.

Good morning, ma'am. Carlos German.

Good morning. Your name, please?

Carlos German. I'm here on behalf of Margaret Tartt, my auntie.

Margarita.

What's your name, ma'am?

Margarita.

What's your last name? Thank you. So, yes, she did agree. Let me do this.

And you can stand right there. You're perfect. Is this 5745 Northwest Fifth Avenue?

Yes.

So, you guys are stating the violation did occur. The person named is legally responsible. It's been affirmed. And you've agreed to pay $150. Is that correct? Yes. So, in the mic. Is that correct? Yes. Thank you. I thought for the longest it wasn't on. It is. Thank you. So order.

Page 195, case number 98846, property address 626 Northwest 67th Street.

Hey, good morning. Morning.

Good morning.

What's your name, sir?

Daniel Cardenas.

And who are you to District 626, LLC?

I'm part of the company.

Part of the company. City. Mr. Daniel is part of the company.

Yes.

Sir, this is for 626 Northwest 67th Street. Okay, you have an agreement with the city that the violation did occur. You're legally responsible. It's been affirmed. You agree to pay 525, is that correct?

That's correct.

So ordered. Thank you, sir. Thank you. Come sign. Thank you. Bye-bye.

Page 243, case number 119987, property address 353, Northeast 61st Street. Uh-oh. You good?

Hello. Your name, please. Anthony Hall. And who are you to Magic City Properties?

I'm the owner's rep for Magic City Properties.

You're the reps? They're the reps. City, they're the reps. Yes. I always have to confirm, so don't worry. Okay. So, and this is 353 Northeast 61st Street, and you have this agreement with the city that the violation did occur. You're legally responsible. It's been affirmed. And you've agreed to pay $125. Is that correct? Yes, ma'am. So ordered. Thank you. Thank you so much. Come sign, please.

Page 109, case number 95665, property address 1929, Northwest 24th Court. Oh, yeah.

Good morning.

Good morning.

Your name, please.

Shamari Diaz.

Oh, Ms. Diaz. What's your affiliation with 1929 Northwest 24th Court, LLC?

The owner.

You own it. City. They own 1929 Northwest 24th Court. So you have an agreement with the city that the violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250. Is that correct? That is correct.

So, order.

Thank you.

Thank you. Come sign.

Page 138, case number 93848, property address 3420 Northwest 13th Avenue. Thank you.

Morning. Good morning. Good morning. So state your name for the record.

Flavia Ramirez. I'm her daughter.

Your name?

Maria Perez.

Thank you.

De La Rosa.

Yes. All of that is there. 3420 Northwest 13th Avenue. Yes. You have an agreement with the city. The violation did occur. You're legally responsible. It's affirmed. You've agreed to pay $250. Is that correct? Yes. So ordered. Thank you. You did it. Come sign. You did great.

Page 248, case number 91905, property address 1801 Northwest 42nd Street. Morning. Morning.

Good morning. Your name, please?

Yucaris Laguna.

Okay. And this is 1801 Northwest 42nd Street. So you have this agreement with the city. The violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250. Is that correct? Yes. So ordered. Thank you so much. Come sign, please. Thank you.

Are there any additional settlements?

She didn't hear you. Are there any more settlements? No more settlements, right?

I don't know. They're talking to somebody now. So nobody else wants to see their files before your trial. Then I guess we're ready to go.

Let's go.

All right, the first case for trial is going to be page 203, Inspector Dukes. Page 203, case number 0098904, property address 3144 Southwest 24th Terrace. Again, 3144 Southwest 24th Terrace.

Good morning. Good morning.

Hold on. They're going to put their case on, and then I want to hear from you. Hold on, please. Okay. Thank you so much.

All right. Inspector, did you cite the aforementioned property for a violation of 22-6 of the city code?

Yes. Inspector Dukes, City of Miami Solid Waste Department. Good morning.

Okay. Composite Exhibit A, pages 1 through 24, is the file that you put together for today's hearing. Is that correct? Yes.

Yes.

All right, have you had any contact with the owner?

Not to my knowledge. Okay. Right now.

Did they speak to you today at all?

No.

Okay. Showing you what's marked from page one. It's showing the notice of violation. And also included here is your affidavit of mailing of that notice of violation as well as posting on the property. Copy the order for today, the summons for today, which obviously they're here. which includes the affidavit of posting and mailing as well that it was sent certified. It's a copy of their appeal. The appeal was construction debris was placed on the edge of my property Thursday by my next door neighbor. Have pictures. Have you been provided or seen any pictures at any time?

Not to my knowledge.

Okay.

I do recall speaking to the gentleman of this property.

Okay. On the phone?

On the phone.

Okay.

And he said that it wasn't his, that it was the neighbor's.

Okay. Were you able to make any confirmation that it was the neighbor?

No.

Okay. So continuing, quick claim deed, copy of the property appraised report showing the owner. And so here we have a series of photographs starting at page 15, which are fence pieces and other plastic, looks like household goods.

Is that correct? Correct.

All right. Does this fairly and accurately depict what's on the property?

Correct.

Was it only on this property line or was it on another property line?

It shared both property lines.

Okay. And this is a copy of the posting of both the ticket as well as the summons, and this shows the area clean. Is that correct?

Correct.

All right. At this time, the city seeks to admit composite exhibit A into evidence.

So admit it.

Hold on, let me at least get to, there we go.

I don't have any further questions at this time. Thank you, thank you. Good morning.

Good morning.

Your name please?

Isora Castells.

Thank you, thank you. I'd like to know what you, you've heard the city put on their case. I'd like to hear from you as it relates to your defense, and I'd like to see your evidence.

Okay, so I have pictures here of the roofing material that was placed there that The night before, it was on the other side of the property, which is the next door property. And then I have pictures of the following day, or actually when they put it, whoever put it in our property. It doesn't show who did it, but it shows there. So I have pictures of that through our camera. I mean, it doesn't really show who puts it, but it shows where it was and then afterwards where it was placed. It's not ours. It's not ours. You know, we never put it there. So I have no control what people do.

Right. But we do have to, unfortunately, the way it works is to keep order. We have to be responsible for what's in front of our home. So... You said you have something showing it wasn't that same material was somewhere else, not in front of your home. I hope it's dated. I'd like to see it. The city needs to see it.

Yeah, I think I made an announcement earlier if you have photographs or things to bring them up, but I haven't seen anything. They didn't come up.

You need to show the city. I'd like to see it, but the city needs to see it.

Okay.

So.

I have copies. I can give you both.

Okay. We need them now. Yes, ma'am. Thank you. Thank you.

Yeah, we'll void this. Or you can dismiss it. It's great pictures. That's why I asked when you got here.

I'm sorry, I didn't hear you.

Okay. Yeah, no, great pictures. It shows July 11th. It shows the same things on the other side of the fence. And then the picture, that's why I love the cameras. And then it shows it being placed in front. So do you just want to do a dismissal based upon photographs? That'll just be easier? Yes. Thank you, ma'am. I'm sorry you waited so long that you didn't hear me. It was worth it. Okay.

Case dismissed. And thank you so much. Thank you. You still, if I were you, I would take a copy of this. Yes, you want to come up and sign and take copies. So you'll always...

And that will get entered into the system probably today or tomorrow. But you'll have your order.

Excellent.

All right, next case will be page 46, address 8501 North Bayshore Drive, Inspector Perkins, ticket 00097219. Again, page 46, 8501 North Bayshore Drive. And we're ready when you are, Madam Magistrate.

Okay, I'm ready. And then we're going to do two settlements. But go ahead, ma'am.

Okay. All right. Inspector, please state your name for the record.

Inspector Zastrow-Perkins.

Did you cite the aforementioned property for a violation of 22-6 of the city code for improperly dumping litter on the public rights-of-way alleys, sidewalks, or on private property?

Yes.

Okay, and did you put together pages 1 through 30, which comprise the digital file that's showing up on the screen right now?

Yes.

All right, and so as of page 1 and through the first several pages show copies of the ticket that was issued on... Let's see, we have it on June 26th, is that correct?

Yes.

Okay. And in this particular instance, this is a copy of the ticket, proof of where it was mailed to, your affidavit of posting and certified mailing. Then we have a copy of what would be an order from today, the summons sent to the same place, posted as well on the property. We have the ticket appeal here. which states I'm not in violation of the code cited by Mr. Perkins. There is no proof that materials on my property were illegally dumped, nor that they meet the materials defined in Section 22.6 as being unauthorized. There is no proof that the branches weigh more than 50 pounds or are longer than 5 by 5 by 4. Is that the appeal?

Yes.

Okay. And now we have the property appraiser report showing the owner of record. These are the proof of the USPS mailing, warranty deed, This is your fact sheet. It says out on a wrong date and larger than it should be, correct?

Yes.

All right. So I'm going to show, starting on page 19, a series of photographs. This is one showing, this is a box on top of the pile. Is that correct?

Yes.

Okay. And it's the address.

Correct.

When did you first notice this pile in front of the house?

I first noticed that that would be June 24th because I had the talk with the property owner. and explained to them that you couldn't put that out there. And then she explained to me that the gardeners, you know, come in the trees or whatever and put it out on the 24th, which was a Monday.

Okay.

And the second day, I was like, well, that can't sit out there because it's going to get larger. People will illegally dump in that area because they're both ends. It's like a dead end. Okay. She said she would have it removed and it's not. The following day. So that's a Monday. That's a Monday.

When's their pickup?

Thursday.

Okay. So you actually went out, you spoke to the owner, you said it's got to go.

It was by telephone.

Oh, by telephone. Okay. With a warning?

That would be... Okay. Yeah, education.

And then what happened?

Then the following day, it still was there. I got called away to do something else. Wednesday came around, and that's when I wrote the citation ticket roughly around 2 o'clock that afternoon.

Okay. It shows at 62624 at 1403. That sounds about right.

All right.

And are these photos fairly and accurately depict what the property looks like?

Yes. Okay. They got a ticket in the next door neighbor as well.

Yeah, it's longer than five feet. Right.

Yeah. More than 50 pounds.

It's further than that. And this is palm frond branches, is that correct? Yes. About three feet in the air?

Yes.

Yeah. Okay. How long have you been a solid waste inspector?

Total years, approximately almost, well here, approximately two, and then two at the regular code.

Okay.

So a total of four. All right.

And do you, in the ordinary course and scope of your job, issue tickets for violations of 22-6, which deal not only with putting things out on the wrong day, or as well as being too large?

Correct, yes. Okay.

And all of these photos are photos that you took showing the posting on the property as well, is that correct?

That's correct.

This time the city seeks to admit pages one through 30.

So admit it.

Did you talk to the owners after?

No. When we spoke, conversed back and forth the first time and she said she would try to have it moved because she couldn't do it herself. That was the end of that conversation. She said she would have it moved, it never was moved. And also the next door neighbors, which really don't have nothing to do with it, but they both said they would move it. It never was moved. So both parties got tickets, citation.

Okay. Both got tickets? Yes. The neighbor too, because it's on both sides, right?

Yes. 8459, which is right next door.

All right. But 8501 is actually where the garbage came from and also has the box on top. Correct. All right. Nothing further.

Thank you. Sir, your name, please.

Thank you. My name is Brian Halley, and I'm here representing Mr. Brett Rosen, the property owner.

Thank you, sir. You are an attorney. Yes, I am. Thank you so much. I'd like to hear from you as it relates to this violation.

Yes.

Alleged violation.

We're asking that the violation be dismissed because there's no evidence that Mr. Rosen illegally dumped anything on the property. They called him and asked him to move it, but there's no evidence that he put it there. And there's also no evidence that the branches in those pictures are over 50 pounds and that the 22-6 applies to this situation. There's just a picture, but there's no evidence of the weight of any of those branches or anything on the property.

looking at this i i have to tell you it's quite evident that the whole pile is very heavy and it's very large and it was out on the wrong date according to testimony and it sounds very credible there was someone in the property that spoke to understanding that they were responsible for this and they were going to have it moved There were warnings given instead of violation notices, as often violation notices are given right away because it's a violation. If they think it's a violation, they give a notice and no warnings. Sometimes conversation while the notice is given. Here, there were warnings, two days of warnings. I don't find that you've given me a defense yet, And in stating that this is not 50 pounds, I'm looking at this huge pile. And the addresses are on the boxes on top of the piles. So it would belong to the homeowner that was cited just based on the evidence that's here. But do you have anything else, sir?

Sure. Sure. There's also no evidence that they didn't put it out on the correct day and it just wasn't picked up by the trash truck that comes around and picks up the stuff in these neighborhoods each day. All the neighbors put the clippings and the trash out in the street so that a truck comes by, you know, once every two weeks and it picks it up. There's no evidence that the truck came by and just forgot to pick it up in this scenario.

Well, I think there's plenty of evidence that, one, it was out on Monday, a day it can't be out. You're responsible for what's on your lawn or your public right of way or the swale, whether you put it there or not, that's the law. So I don't know who did it is not a defense. The testimony is very clear. It was Monday. The pickup for bulk is Thursday. There's bulk pickup every week, not every other week. If these people have allowed their front swale to be the trash dump for the neighborhood, that's really their problem. That's not how it works. You're responsible for what's on your property. Both properties were cited because it was between them. The testimony is that their client admitted that this pile was theirs. Even if it wasn't theirs, it doesn't matter. It's on their property. And then they added a little box on top, which, frankly, that's not even supposed to be with bulk trash. That should be in recycling in the blue bin.

The law has been stated as it relates to the rules by the city. I'm listening. This is what was testified to. I'm not hearing a defense to what I'm seeing. I'm seeing the evidence showing the enormous pile that, you know, like I said, testimony is credible that it was days before and there were warnings given and the person that the officer spoke with said they understood the were responsible and that they would move it. It's not moved. I've heard what you've said. Let me just ask you one question. Do you have anything new that you haven't stated?

Well, I would also like to say if he comes on a Monday and talks to my client and they said they're going to move it, and he comes back two days later and gives them a citation, that's like 48 hours right away.

There is nothing in the law that says a person is entitled to a warning. So that is a courtesy. And the courtesy was given days before. As I stated, often the violation is just cited because it should be, because we have to keep order, right? And it wasn't because he was giving them a chance, which he didn't have to. So I'm gonna go ahead and rule. I'm not hearing a defense. I find that the violation did occur. The person named is legally responsible and it's been affirmed. I'm looking at evidence of such. The amount is 525 plus a court cost of $100. So ordered, sir. I'd like for you on behalf of your client to come and sign and take one copy. Thank you so much. We have some settlements.

Okay. Okay. We only have two other trials. Page 168, case number 92743, property address 1221 Northwest 44th Street.

Hi, good morning. Your name, sir?

Good morning. My name is John Sigler, Vice President of Starlight Investments.

Ah, city. Vice President of Starlight Investments.

Yes, he is.

So this is 122.

I even checked it and brought it up on the big screen.

Yay. So it's 1221 Northwest 44th Street.

Correct.

You have an agreement with the city that the violation did occur. You're legally responsible. It's been affirmed. So you've agreed to pay $250. Is that correct? Correct. So ordered. Thank you. Thank you. I'm signed.

Page 25, case number 96836, property address 641 Northeast 57th Street.

Hi, good morning. Your name? Good morning.

Jaron Galinsky.

Sir, this is 641 Northeast 57th Street. Correct.

Yes, you have an agreement with the city.

The violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250. Is that correct? Yes. So ordered. Thank you, sir. What do I pay?

They will explain it to you.

He needs to know about payment. Right here, sir, you'll sign. Two copies, one you take, one you leave with the city. Thank you, sir.

Thank you.

Case number, page number 181, case number 97351, property address 2461 Northwest North River Drive. Hey, good morning. Your name, please, sir.

Ignacio Matos.

Yes, 2461 Northwest North River Drive. Sir, you have an agreement with the city. The violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $250, is that correct? Is that correct, yeah. Is that correct?

Yes.

So ordered, thank you. Come sign, sir. No, you're gonna come sign two copies. You're gonna take one, leave one, but you sign both. Thank you so much.

All right, our next case for trial is going to be page 145. Address 1140 Northwest 58th Street, Inspector Gila. Case number 00098185. Again, 1140 Northwest 58th Street. No. That's 1143. Yeah.

What's the next one down?

And they have, they are pages 1145 and, I mean, sorry, 145 and 148. It's our last two cases. So we can hear, let's see, we'll do page 145 first, which is 1140. It's not in 1140. Okay. Did you put extra photographs in? For 1140? Hold on a second. There's nothing extra here. Oh, you deleted and put a new one. Okay, sorry. There were more pictures. Okay, so it's good. Oh, 22 minutes, all right. Sorry. All right, Inspector, can you please state your name for the record?

Inspector Gillis, City of Miami, Solid Waste.

Okay. Did you cite the aforementioned property for violation of 22-6 of the city code?

Yes, that's correct.

Okay. And can I get the name of the person present? Allison Austin.

Okay, great.

Thank you. You cited the property for this violation on July 8th, 2024. Is that correct?

Yes, that's correct.

All right. And pages one through 35 of composite exhibit A is a digital file that you put together for today's hearing, is that correct?

Yes, that is correct.

All right, and the first part of it obviously shows the ticket citation was issued, the address it was sent to. This is proof that you both mailed it certified and you posted the property, correct? That is correct, yes. All right, and then we have an order. We also have the summons for today, which went to the same address. Yes. To Ms. Austin. at the address you provided to the property appraiser and your proof of affidavit and posting as well. Is that correct?

Yes.

And here we have the appeal that says the area where trash is has extraordinarily been the same place for more than 30 years where trash has been left and collected. This is the first time ever I've been told that we can't leave trash there because it wasn't collected last week. Random people have continued to dump and it exceeds the limit. Okay?

Yes.

All right. This shows the owner of record. with the documents from the property appraiser, as well as the Miami-Dade County Property Appraiser Report, the USPS copies of your tracking for the certified mail, yes?

Yes.

And now we have the photographs. So is this the pile in question?

That is the pile, yes.

Where is it located in relation to 1140 Northwest 58th Street?

The property across the street, the gray one.

Okay. And what made you attach it to that property?

I did spoke to owner. She approached me. She admit that she did put up some of the debris there But she didn't put the whole the whole Tree trimming so she did admit that she puts some trash there a tree cut across the street Not in front of her house where pickup exactly And it looks like it's been out there for a long time.

Is this a large pile I

Yes, it is. Usually when that happened, if the pile is too large, the operation would not pick it up because it's over the size amount. So they probably left it out last week, and then I was able to find it the following week and cite those problems. Okay.

And you don't know how much was added to it, is that correct?

No.

But you do know, you did the measurement, it was over 34 feet.

Yes, that is correct.

And it ended up, as they usually do, getting filled with other rubbish and garbage from people just... Yes. Did she create the dump pile?

Yes.

The dump pile grows on its own. Is that correct?

That is correct.

All right. And all these photos fairly inaccurately depict the photographs as you took them and what you saw at the scene when you issued the ticket.

Yes. Yes. Okay.

And then these are copies of photographs showing where you posted the property.

Yes.

All right.

And then we have a few other photographs, is that correct?

Yes.

Shaken, showing trees that were trimmed at the property. That is correct. Freshly cut, is that correct?

Yes.

All right, that relate to what was seen across the street.

Exactly.

Okay. At this time, the city has nothing further. Actually, we seek to admit Exhibit A into evidence. Sorry.

So admit it.

Did you talk to the owner at all other than was this your trash?

No, that was on the same day that I issued a citation. She approached me saying that she's been dumping there for the past few years. She never had an issue.

Okay. Yeah. Now I have nothing further.

Thank you. Thank you.

Good morning. Good morning, Ms. Jones. Please state your name for the record. Allison Austin.

Thank you, Ms. Austin. Ms. Austin, you've heard the city's case evidence, seen their information. I see a clear violation. I can see why he related it to you based on what you stated and based on the trees that were cut that match. However, I'd like to hear from you in your defense.

Yes.

So... As I stated, I've been living in this home 65 years. We've only had a place to dump trash on the block. The first time I learned that everybody should dump their trash in front of their home is when I heard it from the inspector. In my entire living there, I did not know that, so ignorance is not an excuse. But it is the only place I've ever known to leave trash. I then spoke to neighbors to my right and my left, both in their 80s, who I met there as a child, and that is what we understood, that this is the place where we dump trash. My neighbor has been there maybe 16 years, and since she has been there, this has always been the place where we dump trash. So the first issue here is I was unaware that that is not where we dump trash. The second issue here is when the truck didn't pick up what was already, I purposefully put my things out on Sunday because I know that pickup is on Monday on that pile.

Right.

When we put our things out on Sunday, there were already things there. The other thing I learned with this inspector is there is such a thing as how much and how high. Again, ignorance not being an excuse, but it is my truth. And so we did cut some trees, which we try to do every year or every other year so that hurricane season is a real threat And the driver, when he came to pick it up, he said, oh, no, my truck is full. I have to come back. This is not good. So I happened to be outside on that Monday. And he said, this has to, trash has to be in front of your house. I don't remember our conversation. But I said, should I move it? Because now I'm physically wanting to move my bushes back across the street. No, no, no, he said. They'll send me back to pick it up. I accepted that. So when they didn't move it, to the attorney's point, I think, more trash was added. By the time this gentleman showed up, true to form, it was a large pile. But this is now multiple layers of dumping. And when he accused Claudette of it, It wouldn't, I could not have said anything because it's where we've always dumped. It wouldn't for me to say, no, it's not mine because I thought I was doing what was right and dumping it where I've always dumped it. Again, lessons learned all around in this whole experience. So that is my story that this is layers of trash. What we left is not nearly what's there And he don't know who else left what, so I feel like we are getting the punishment, as it were, for doing something we've always done in a situation where nobody else can be held responsible, or nobody else is responsible, because we don't know where the additional came from.

Thank you. Thank you. Who is Ms. Claudette to you?

My neighbor. She's the other case. The other case and the trash is in front of her. It's on her, the swell at her home.

Oh, okay.

It's interconnected. We were both charged.

Okay, you have a case too, a separate case? But this is- That's the next case set for trial.

Yeah, we have, it's here today.

Ah, okay, okay. Okay. Okay, here's the thing. As the city attorney's office explained, although I feel awful because you're credible, and I know you're telling me the truth, and I know you live there forever. And you thought that was the way to do it. I still have to go back to the rule. The rule covers size, the rule covers it being dumped there the size of it it covers things like the day it's dumped there if it's dumped too early and I know you did it the day before because you thought that was appropriate but the size is the issue and yes it should be in front of your home and you didn't know that but the code requires that the rules require that it's so unfortunate the way this has happened but the violation did occur and it's been affirmed and you are actually legally responsible. Go ahead, what you have to say.

I was asking about the size. So the violation is that it was not in front of my home because the size I can't be held responsible for.

You can, and let me tell you why. The rule, the way the investigations are done, I've seen all the way down the block an envelope in a big pile. And that way, The inspector has to do something in doing their job in keeping areas clear and neat and things in order. And in doing so, they have to relate that as best they can to someone. So if the envelope is in that pile way down the street and the person says, but that's not my pile, that envelope is yours. So now they have somewhere to relate it. So by you saying you put your trash there, That was all the inspector needed to say, okay, I have a responsible person. If they can have several people, because a neighbor also in their yard some, and they put something out or not, but in their yard, then they pull them in too. That's part of investigation. That's part of trying to keep order. You have to have a way of doing things, and that is the way. Either it's right in front of your yard, the wrong day, wrong size, or it's somewhere else, but they have a way of relating it to you. This is across the street. He had a way of relating it to you by your own admission and by looking at the trees that were cut that match. They do that too. That match the trees. If somebody's doing construction and they see that's what they're working on, a fence in the back, And it's two doors down. It's that fence. They relate it. This is a part of their investigation, their skills there. And then they talk to people and they try to get information so they can understand how this happened. And in this case, the violation is there. You, by your own admission and by those trees in your yard, are legally responsible. It's been affirmed. My issue is also It's 525, that's the penalty. I would add $100 court cost. What I'm going to do based on your testimony, your not understanding, and I know going forward just based on who I see you are from what I could see, this won't happen like this again.

And it never has before, ever.

But it won't happen again. So I have to go with the 525, but I won't put the court costs because it's a clear violation. And, you know, now you understand the rules and how they work, and I'm sorry you had to learn this way, but you got it.

You can appeal that again.

You can appeal. You have 30 days to the circuit court of Miami-Dade County.

And there's no way here we could reduce that amount.

It's 525. That is the penalty for this issue. If had you settled when they tried to work with you and explaining to you how it works, because it seems like everybody's been explaining, including the guy in the truck from what you've said, said something about that. The inspector explained it. So you knew before today. So had you spoken with the city, you may have been able to work out 250 or 200 or 125 or 150 or something. That's what all of those people did in understanding. But now that we're here, it should be 525 plus court costs. I'm not going to put the court costs on. But the violation did occur. You're legally responsible. It's been affirmed. And so the penalty is 525. So ordered, ma'am. Thank you. All right. Thank you. Go ahead. You have to sign.

And you wish a trial? Do you want to settle your case? Do you want to settle your case or do you want a trial?

Okay. You understand the question, though? Okay. Okay.

Are you ready?

Go ahead.

Okay, thanks. Next case is going to be page 145, I mean page 148, case number 00098173, address 1143, Northwest 58th Street, Inspector Gila.

Inspector Gila, City of Miami, Solid Waste.

Okay. Did you cite the aforementioned property for having illegal dumping and littering on the public rights... Public right-of-way sidewalks or on private property. Yes. Is that correct?

Yes.

Okay. And pages 1 through 25 is a series of documents and photographs that you put together for today's hearing?

Yes.

I'm going to show you, as you can see up on the screen, what's marked as part of composite UZ. Page 1 is the ticket that went to a Claudette Mark, is that correct? That is correct. Because they own the property.

Yes.

Okay. And the correction is large piles of tree cut strictly prohibited by City of Miami. The pile is too large, right?

Correct.

Okay. Now, moving through that, we also have notice of where it went to, your affidavit of posting and mailing. Correct. Copy of what would be any order for today, the summons for today.

Yes.

Which was certified mail and posted at the property. She's here, so... That work, the warranty deed, and the complaint here was a complaint from operations for a large pile of tree trimming?

Correct, yes.

So this wasn't a proactive investigation? No. You got called out there?

Yes.

By the guys in the truck?

Yes.

There's a property appraised report showing the owner of record. Correct. There's the postal service showing the mailings, and we have a series of photographs coming in at this time. Is that correct?

That is correct.

All right. Is this the property in question?

Yes.

Okay. And so we see fencing here. Is that correct?

That is correct.

We have some new pieces of wood and some old pieces of wood. Correct. Okay. And now we have this trash pile. Correct. With some pieces of wood, thin slots. Correct?

Correct.

All right. And is this the total... Picture of it?

Yes.

All right.

That is correct.

And is this directly in front of the house that was cited?

That is in front of the house, yes, property line.

Okay.

The photo fairly and accurately depict what the trash pile looks like.

Yes.

Okay.

And again, it's over, well, again, that was from the previous one. It's more than 34 feet wide, is that correct?

Yes.

More than 50 pounds?

Yes. Okay.

And this is also photographs of smaller pieces of wood from cuttings from the new fence pieces.

In the yard, yes.

All right. And this also shows where you posted the property. Is that correct?

Correct.

All right. Do you ever speak to the owner?

Yes. Right after I post the citation, she reached out to me. She called me by phone. She said she didn't put the trash there. It wasn't hers. And that she believed it was the neighbors across the street, and that's when we had a long conversation. And I advised her, and I even provided her with a no dumping sign. She placed it on the fence, and she said she didn't do it, it's not hers. And I explained to her, you did contribute to it, because some of the wood that's in your backyard is on the pile. She said, well, it's not hers, she didn't put that stuff there. Yeah.

Okay. And has allowed, obviously allowed her property to be a dump site for all of her neighbors.

Correct.

For whatever reason.

That is right.

All right. At this time, the city seeks to admit composite exhibit A.

So admit it.

At this time, the city has nothing further.

Thank you. I have one question. When you say you spoke with the property owner, was that before you cited the property?

Right after. Okay. It was after I posted the citation, because my numbers and my information is on the citation, so she was able to call me.

Okay. Yes. Okay. Thank you. Thank you.

Okay.

Thank you.

Your name, please? Claudette Mark.

Ms. Mark. Thank you. You've heard the city's testimony, case, all their information. Ma'am, I'd like to hear from you. I'd like to know how this is not related to your property at all.

The day the inspector came is the day that I just came from a deployment. I saw him came and post the thing on my fence. And we spoke that same day. He was telling me about the wood for the fences. And I show him where my pile of wood hasn't even been put out yet because it was still inside the yard on both sides of the fence. And I was telling him, it's the neighbor next door to me that put those woods there. because I have not put any wood out yet because the woods were still inside the fence because they were still doing the work to the fence. So we didn't put any wood out there yet. And he saw it. He saw the wood inside the fence just like the previous wood they were showing earlier after this one. He saw both sides where all the woods was inside.

Now the trees and everything,

I have not cut any trees in my yard. Even though I have a lot of trees, I have not once cut any trees in my yard. I'm not home most of the time, as I said, because I'm on a deployment and I let him know that. I have been showing my deployment information that I just came to Florida because I was out for a period of time for my deployment. And he advised us to get camera to see who was doing the dumping and everything, which we went and do. So every time someone came and dumped stuff there, I sent him the pictures on WhatsApp. And as I said, we've been talking for a really long time about this project. This is inside my yard that he's showing this. It is not outside the yard. All my wood, as I said, is inside. I did not put any wood outside because I didn't have time for that. I just came, did not even have time to settle in my house yet. When he's showing this wood, it's not my wood, as I told him. And he looked at it and everything, and he agreed with everything. I told him they're working on it, but none of my wood is outside. And the trees, I don't know where those trees come from, but he was saying it's because it's in front of my house. And I get it from my house, but I don't do no dumping because I have nothing there to dump because I don't do any maintained outside my house besides the fence. And as I said, I have so much wood inside the fence that it just stand there and rot on the grass. And as I said, I've been sending him pictures. Every time people are dumping stuff there, I've been sending him pictures, showing him it's not us, it's other people. And every time he's telling me, get another camera, I need a camera this way, I need a camera... I've gotten cameras to show him that it's not us that's doing the dumping. People are still dumping there. And even though I'm letting him know that, nothing is happening. And he has put... I have posted the poster that he gave us. I did put it on the fence, but everybody's still ignoring it. And... And I've let him know. I've told him that many, many times. But he still gave us this ticket.

Right.

Which I'm not understanding. Why am I getting the ticket? Because, as I said, it's not us that's doing the dumping. All my stuff is still inside my yard.