Ticket Appeal - Regular Meeting

this opportunity to welcome you to this meeting of the City of Miami's Ticketed Appellate Hearings. My name is Dawn Grace Jones, and I'm the special magistrate assigned to hear today's cases. I ask that you quietly and carefully arise for the Pledge of Allegiance at this time.

Please remain standing to be sworn in for those of you who are presenting today or testifying.

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. So you want to carefully have a seat, please. These hearings are conducted by the city of Miami. and I'm the special magistrate as stated assigned to hear these cases. The purpose of these hearings is to give the alleged violator the opportunity to appeal the decision from the code enforcement inspector and to give the inspector the opportunity to put on a case as well. The hearings are conducted in a quasi-judicial manner. And as stated, again, I'm the person assigned to hear the cases. My responsibility is to act much like a judge in the court, and that is to hear the cases presented by you guys if you have a full trial, and to hear the case from the code enforcement inspector. And note that these hearings are open to the public. They are. It is required that all persons who are going to testify be sworn in, and you have been, at the beginning, and you were, and that's appropriate. These hearings will not be conducted in accordance with any formal rules of evidence. So note that if I find the information relevant and credible, I will allow it to be admitted. And anything that you have to admit, you need a copy for the file. Okay, you can't just keep your copy. You need two copies. Anything that you're going to admit. You have the right to call and examine witnesses. You can ask questions of persons that may be your witness. You can cross-examine back and forth. You can ask the code enforcement inspector questions if you have any. You can do that. I want you to note that my responsibility is to find facts. So I'm looking for what's true and what really happened. And I'll be limited to whether the violation occurred and whether the person named is the person responsible. Those are the things I'm looking for. So when people come up, and I'm just going off a little bit to let you understand off the path, to let you understand if you come up and the code enforcement inspector has shown pictures of a trash pile and it has an envelope in it and it may be a block away from you and it has your name on that envelope, you are and will be cited for that and it is appropriate. A lot of people don't understand that concept and I'm saying this because it becomes an issue. Yes, it's linked to you. It may be linked to several people. There may be several people who are cited for that, but that's one of the ways it works. In order to uphold the code enforcement inspector's decision, I have to find by the preponderance of that evidence that it's true, that you are responsible, and it goes with the part of the section of the code that they named. Once I've determined that, I will uphold. So understand that. You're also warned that if you don't pay by the date in which you're supposed to pay it by, and you'll be given instructions once you sign off on it, it may result in additional fines per day. That's how that works. And that's in the code. It's allowed. It's the rule. Okay? Okay. You can overturn my decision by appealing to the Circuit Court of Miami-Dade County within 30 days of the decision. That's your right. So once you've heard the code enforcement inspector put their case on, everyone will be only on this side. Code enforcement here, you're over here. You'll put your case on. That's how they'll work. That'll work. So we're going to commence with the proceedings. At this time, we are starting with the settlements. Most people in these proceedings settle, but you don't have to. You have a right to a full hearing, trial. I was very clear, I hope, on what I'm looking for so there's no shock of why. So understand, sometimes you're able to overcome the ticket. And that's your right to try to do that. But like I said, so you'll hear me call or they will call a lot of people settling. When you settle, you'll have two copies of the document. I'm signing off on both. You'll come see the clerk. You'll sign both. You'll take one with you. You'll get instructions as to how to pay. You'll take one with you and you'll leave one here. So that's how that works. So as soon as you finish there with your settlement, You'll walk up, you'll sign two copies, you'll leave one, you'll take one. That's the way that'll work. We'll start at this time. Go ahead.

Oh, go ahead. First case, page 177, case number 99413, property address 1107 Southwest 2nd Street. And CE12, please come over here and see the interim director. Additionally, page 180 is companion for the property at 1107 Southwest 2nd Street, case number 99411. Good morning.

Good morning. Your name, please?

Yolanda Caldera.

Yes. So this is 1107 Southwest 2nd Street. You have an agreement here with the city that the violation did occur. You are legally responsible. It is affirmed, and you've agreed to pay On the first one, which is case 00099413, you've agreed to pay $100. Is that correct? Okay. Okay. On the second one, it is case 00099411. You've agreed to pay $250. Is that correct?

Okay. So ordered. Thank you.

You can come sign, and that's it. We'll call the next one as...

Page 107, case number 80773, property address 585 Northwest 35th Street.

Okay, if that's your address, you should be up here, 585 Southwest 35th Street. This case was dismissed by law. They probably left.

Yeah, counsel's right there.

Counsel, you're not hearing your address. 585 Southwest 35th Street.

My apologies, Your Honor.

That's fine. Sir, the name on the file.

Nicholas Rodriguez for the owner of the property.

And that is MPW Holdings LLC?

Correct.

Sir, this is an agreement that is dismissed by law, though the violation occurred. Is that correct?

Yes, ma'am.

So ordered. Thank you. Thank you very much. You want to sign for your client? You're welcome. Thank you, sir. Thank you.

Can I get the property owner for 1514 Southwest 6th Street to come up?

No.

Page 28, case number 103108, property address 885 Northeast 81st Street.

All right. Your name, please? Good morning. My name is Patricia Grant Hoskin. Yes, ma'am. So you have an agreement with the city that the violation did occur. It's been affirmed you're legally responsible and you've agreed to pay $100. Is that correct?

Yes.

So ordered.

Thank you, ma'am. Come forward. Thank you.

Page 115, case number 107290, property address 2106, Northwest 13th Avenue.

Hi, good morning.

Good morning. Your name, please. My name is David Tao. And what's your affiliation with LL Province Properties?

I'm the owner.

You are the owner. Thank you. Thank you. So, sir, you have an agreement with the city that the violation did occur. It's been affirmed. You've agreed to pay $25, is that correct?

Yes.

So ordered.

Good for you.

Page 80, case number 120000, property address 719 Northwest 47th Street.

Good morning. Hi, good morning. What's your name, please? Louis Chacon. I see you. Yes, sir. 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's correct, yes.

So ordered. Thank you. Thank you.

Page 118, case number 122870, property address 1170, Southwest 18th Street.

And address 1170, Southwest 18th Street. Great. Hello, hello.

Hi, good morning. Your name, please? Francisco Gonzalez-Montana.

Your affiliation with the company?

I have the power of attorney.

You do? Yeah. City attorney. City attorney. Did you give it to her already?

No, no.

Well, no, we can't. Madam City Attorney, he hasn't given you the power of attorney as of yet. Anyone with the power of attorney, take it over so it can be checked out. We can roll. Thank you.

Okay. Page number 63, case number 111301, property address 1514 Southwest 6th Street.

Hello. Hi, good morning.

Good morning.

What's your name, please?

Sandra Garcia.

And what's your affiliation with ETXE Berry?

I am the property owner.

You are the property owner, city attorney. She's the property owner. Yes. And we are talking about 1514 Southwest 6th Street. Yes. So you have an agreement with the city. The violation did occur. It's been affirmed. You're legally responsible. And you've agreed to pay $1,000. Is that correct?

Yes.

So ordered. Thank you. Thank you very much. Thank you, ma'am. Thank you. Come forward. This way. Where are you going?

Over here, ma'am.

Where are you going?

Over here.

Here. After you finish here, as I've stated before, you're going to come up front. You have two. No, you stay there. You're going to sign two copies. You're going to keep one and give one to the city. And you'll get instructions on payment. She has to formally do it on the record. Yes, please.

Page 118, case number 122870, address 1170 Southwest 18th Street.

Thank you. Sir, your name, please?

Francisco Gonzalez-Montana.

Thank you. Guys, we're being recorded. That's why we're doing it a certain way. We have to keep order, right? So you have an agreement with the city that the violation did occur. It's been affirmed. You're legally responsible, right? Right. And you've agreed to pay $1,000, is that correct?

Yes, ma'am.

So ordered, sir. Thank you. You can come forward. Thank you. I am giving her the page.

Page 67, case number 112565, property address 340 Northeast 61st Street.

Thank you. 340 Northeast 61st Street. Great. Your name, please. Come on in.

Richard Fayette.

And you are with Magic City Properties?

Well, I'm actually Magic 13 Brewing.

You're an employee?

Lieutenant, yes.

Madam City Attorney.

Yes.

So, sir, 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? Yes, ma'am. Thank you so much. So ordered. Come forward. Thank you.

Thank you.

Thank you. Thank you. Thank you. Thank you. Page 195, case number 110494, property address 1237 Northwest 27th Street.

Good morning.

Good morning.

Your name, please.

My name is Jenny Say Pimentel.

Yes, ma'am. So I have a document here that you've stated that the violation did occur. You're legally responsible. It's been affirmed. And you've agreed to pay $250. Is that correct? That's correct. So ordered.

Thank you.

Page 78, case number 112743, property address 7778 Biscayne Boulevard.

CE 15. All right. CE 15.

Morning. Morning, Your Honor. Kevin Cruz, Greenspoon Martyr Office, located at 600 Brickell Avenue. Here on behalf of Goyetti Theaters, Inc., the property owner on the alleged violation.

Thank you so much. Sir, so you guys have agreed that the violation did occur. Correct. They're legally responsible. It's been affirmed. And you guys have agreed to pay $500. Is that correct?

Yes, Your Honor.

So, order. Thank you so much.

Thank you.

Page 147, case number 83893, property address 1855, Northwest 55th Street. Sorry.

That's okay, baby. Good morning. What's your name, please?

Dorothea Peterson.

Great. 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 $100. Is that correct? Yes, ma'am. Yes. So ordered. Thank you. Thank you. Come forward, ma'am.

Page 209, case number 105-519, property address 353 Northeast 61st Street.

353 Northeast 61st Street. 353 Northeast 61st Street. Thank you, come on in. Your name, please.

Joseph Hackler. What's the company you're with? Coon Coon LLC. About our Magic City, sorry, Magic City properties.

Yes, great. Thank you. Thank you, sir. 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 that you're going to pay $250. Is that correct?

That's correct.

So ordered. Thank you.

There's another violation as well.

You have two?

Yes. Is there a second one? On the last page should be.

353. It's on the 353 property?

Correct.

You have a next one with 353? You've already agreed to an amount?

We settled them both, yeah.

Correct. Just trying to help.

It's on the last page. Or maybe I... You need to ask them about that.

One moment, sir.

You had a second one.

No, I called one, he's done it. Where's the second one? One moment, gotta get the train moving.

You may want to ask him about it.

Can you repeat the address again? Do you have the case number?

Yes. It's 353 Northeast 61st Street. And the case numbers, we have 0-0-1-1-1-3-8-2. C-T-17. C-T-18.

Did you settle the two? Because we only have one order. There's only one case on the agenda.

I did settle the two.

Yeah, I did. Yeah, please. Go ahead. You're great. You're doing great. Call it this one now. Yes.

The next case is a derelict vessel. Case number 250204-0007823. City versus Manuel Gonzalez.

CE-18. Let me do it.

You can give it to me. I'm gonna call it. CE-19.

Yes, your name again, please. Good morning, Manuel Gonzalez.

Good morning, sir. So you have a derelict vessel case. And so you've appeared, this is great, found guilty, but the amount you've agreed to, it's zero dollars, right? Zero dollars, yes. Exactly. And it says remove seven days from today's date. Correct. So ordered, sir. You've agreed to that, and I thank you. On this 15th of, I'm putting the date on it, May. All right. You come up, sir, and work out getting your copy. I'm going to call now the second case for you, sir. Okay.

Okay, so it's page 156. and page 209 for property 353 Northeast 61st Street, case numbers 111382 and 105519.

Thank you. Thank you. You've stated your name for the record. I just need you to do it again, sir.

Joseph Hackler.

Thank you. It's already been established you are that person. So as it relates to 00111382, Sir, you've agreed with the city. The violation did occur. It's been affirmed. It's $250 you've agreed to pay. Is that correct? That's correct. So, ordered on that one. The second one is 00105519. Sir, violation did occur. Illegally irresponsible. It's been affirmed. Another $250. Is that correct?

That's correct.

So, ordered. Sir, thank you. Thank you. You're going to come sign four copies. You're keeping two.

Page 91, case number 119307, property address 1414 Northwest 41st Street.

Morning.

Good morning, ma'am.

Yes, your name, please.

I'm Adriana Torres. This is my father, Carlos Torres.

Let him say his name on the record, please.

Carlos Torres.

Thank you. Thank you. So you guys 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?

Yes, ma'am.

So order. Thank you. You're going to come forward and you're going to sign two copies and keep one.

Page 46, case number 113704, address 1600 Northwest 43rd Street.

Good morning. Morning. Your name, please.

Valicia Day.

Thank you. Thank you. So, ma'am, you 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? Yes. So, order. Thank you, ma'am. Thank you. Come up. You're going to sign two copies. You're going to take one. And you have instructions on paying there as well with the clerk.

Page 122, case number 124183, property address 341 Northwest 39th Street.

Good morning. Good morning. Your name, please? My name is Francisco Cabrera, 341 Northwest 39th Street. Thank you so much. So, guys, 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? Yes. So ordered. Thank you. Thank you. You want to come forward to sign off on that. Thank you so much.

Page 82, case number 120337, property address 798, Northwest 43rd Street. CE 15 and CE 17.

798 Northwest 43rd Street. Good morning. Good morning. Ma'am, what's your name?

Barbara Brooks Woods.

Thank you, ma'am. Ma'am, you have an agreement with the city that this violation did occur. You're legally responsible. It's been affirmed, and you've agreed that you're paying $250 to settle. Is that correct? That's correct. So ordered. Thank you so much. You want to come forward and sign off on that? Please.

Page 174, case number 106510, address 1920 Northwest, 24th Court. Page 37, case number 105183, same property, 1920 Northwest, 24th Court.

Good morning. Good morning. So you have two, right? Yes, ma'am. What's your name? I'm David. Damien. David, those are you. Okay, Madam City Attorney. Yes, ma'am. Madam City Attorney. Yes. Power of attorney.

Which one was your ear on?

Come again?

Have I seen it?

Have you shown her your power of attorney? Yes.

Oh, is this one? Oh, okay, that one, okay, all right. If it's not like I was looking for it here, I didn't see it.

We're good, we're good, thank you. So, sir, on 00105183, You 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?

Yes, ma'am.

Okay. As it relates to 00106510, you have another agreement with the city. The violation did occur. You are legally responsible, but you've agreed to pay $250. Is that correct? Yes, ma'am. So ordered on both, I need you to come and sign four copies. You're taking one of each with you. There's instruction on payment right here. So come forward now. Thank you.

Page 198, case number 1012656, property address 82 Northwest 22nd Street.

Good morning. Good morning. Your name, please?

Adolfo Caribio.

Yes, sir. So I have here where you have an agreement with the city that the violation did occur.

Yes.

You're legally responsible and it's been affirmed. You've agreed to pay $250. Is that correct? Correct. So ordered. Thank you so much. Come forward, please.

Page 192, case number 107188, property address 718 Northwest First Street.

Good morning. Good morning. Your name please? Arturo Ortega. All right, Madam City Attorney. Madam City Attorney. So good morning, sir. Good morning. So you have an agreement with the city that the violation did occur. Your legally response point has been affirmed. You've agreed to pay $100. Is that correct? That's correct. So ordered. Thank you so much. Come forward now, sir.

Page 164, case number 110046, property address 4718, Northwest 11th Avenue.

Good morning.

What's your name?

Yes, sir. I have here where you have an agreement with the city. The violation occurred. You're legally responsible. It's been affirmed. You're going to pay $250. Is that correct? Yes. In the mic. Yes. So ordered. Thank you. Thank you so much. Come forward.

Page 160, case number 108218, property address 412 Northwest, North River Drive. Page 140, case number 111, 513, property address 412, Northwest North River Drive. Page 124, case number 124180, property address 412, Northwest North River Drive. Page 96, case number 122179, property address 412, Northwest North River Drive. Page 72, case number 113053, address 412 Northwest North River Drive. Page 48, case number 116914, property address 412 Northwest North River Drive. Page 18, case number 101981, property address 412 Northwest North River Drive.

Good morning.

Good morning. How are you? Really? I was okay. Give me one second. I'm just trying to sign off on all of these, and we will get started. But I could talk to you. Good morning. What's your name, sir?

Good morning. Mickey Marrero, 200 South Biscayne Boulevard, attorney for the alleged violator.

Would it be different people or one person?

The business is C-SPICE.

What's the business?

Sea Spice.

I have Jacob 1535.

That's the owner, but I represent the operator of the business.

All right. Thank you. So what I'm going to do, I talk really fast. Sometimes I'm going to do my best at this time to do that and see these numbers in order. So I'm starting with 00116914. Sir, you agree that the violation did occur. You guys are legally responsible. You've agreed to pay $250. Is that correct?

Yes.

So ordered. Next one would be 001011981. You agree the violation did occur. You're legally responsible. You've agreed to pay $250. Is that correct? Yes. Next one would be 00124180. Violation did occur. You're legally responsible. You agreed to pay $250. Is that correct?

Yes.

Next one. 00113053, legally responsible. Violation did occur. Yes. You agreed to pay 250. The next one would be 00122179. Violation did occur. Legally responsible. You've agreed to pay 250. Is that correct? Yes. The next one would be 00111513. A violation did occur. You're legally responsible. You've agreed to pay $250. Yes.

You've got to get them in some kind of order.

The next one would be 00108218. Violation did occur.

You're legally responsible. You've agreed to pay $250. Is that correct?

That's correct. So ordered on all 550 of those cases. Thank you, Your Honor. Thank you.

Page 202, case number 113530, property address 3039 Northwest, 21st Court.

Thank you. Oh. Okay. Thank you. Hi, good morning. Your name? Raul Yojas for MSFLJ LLC. Yeah, that's the name of it.

Madam City Attorney.

All right. So, sir, you have an agreement here with the city. The violation did occur that you're legally responsible. You've agreed to pay $250,000. Is that correct?

Yes.

So, order. Thank you. So, you're going to come right up and sign two copies. Take one with you and grab the payment information.

Page 131, case number... 124226, address 316 Northwest 24th Street.

316 Northwest 24th Street. 316 Northwest 24th Street. Oh, you fell asleep, eh? You all right? Sir, your name, please. Roger Clayton. Okay. Madam City Attorney. Do you have a power of attorney, sir? You have a power of attorney? No, ma'am. Who owns this property? Me and my wife. Did you see the City Attorney? He said he and his wife. You said you and your wife, right?

Yes, ma'am.

You good? I don't have a name on here.

Thank you, sir.

What's the name of the company?

Ducan and Jamaican Kitchen.

I have 310 Wynwood LLC.

It's 316.

310 is the entire- 310 Wynwood LLC. No. 316 Northwest 24th Street.

Yes, ma'am.

So what is 310 Wynwood LLC?

That's the owner of the entire building.

You don't own the entire business? No. Are you a tenant, sir? Yes, I am, ma'am. Did you give me a thumb up? Sir, you have an agreement with the city that the violation did occur. You're legally responsible, right? You've agreed to pay $250, is that correct?

Correct.

So ordered. Thank you, sir. Thank you. Thank you so much. You want to come sign and take a copy and get your payment information.

Case number 110236, property address 5313 Southwest 3rd Street.

All right. Good morning. All right. Good morning. Your name, please.

Tanya Hendrickson Salicio.

Yes, ma'am. The only pause, I have to sign them. I signed a lot of them earlier. I didn't sign these. That's okay. So hold on.

You got to do what you got to do.

So yes, ma'am. So ma'am, you have an agreement with the city that the violation did occur. You're legally responsible. It's been affirmed. and that you will pay $200, is that correct? Yes, yes. So order, thank you so much, come forward.

Case number 110494, address 1237 Northwest 27th Street. Sorry? Mm-hmm.

This is 1237 Northwest 27th Street.

1237 Northwest 27th Street. Uh-oh. No?

Page 51, case 112-919, address 3910 Northwest 3rd Avenue.

Okay, thank you.

Morning.

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

Sebastian .

Madam City Attorney.

Yes.

All right. So sir, this is 3910 Northwest 3 LLC.

I'm the property owner.

So you have an agreement with the city. The violation did occur. It's been affirmed. You're legally responsible. You've agreed to pay $250. Is that correct? Yes, ma'am. So ordered. Let's go. You can come sign. No more? For whom?

For what? Settlements?

For those of you who have requested a trial, if you wish to come and see your file, which I would recommend, please come up to see me. I can show it to you on the screen while she's finishing calling up the settlement cases. Thank you.

Well, you have to call it again since it's out of order.

Case 110494, address 1237 Northwest 27th Street. 1237 Northwest 27th Street. They may have left. They may have left.

Page 214, case number 124008, address 3496 Northwest 7th Street.

What is that? Is that a file?

Why are we calling that up? Okay, well, that would, I didn't know we were done with the settlements.

I'm not sure. We have one that's not answering.

So they must have left.

1237 Northwest 27th Street.

I guess we can wait a moment. Do you want me to show the, I was going to.

I would like that.

Let's take five minutes. Just a few minutes for me to show whoever has a case set for trial can go ahead and I'll show you that.

So if you weren't here for the opening, just understand I'm looking for two things, whether the violation occurred, so if there's proof of a violation, and if the person named is legally responsible. So I was explaining an example of that earlier. Because sometimes if it's trash or something, it may have been down the street. But if your name is on any article in that trash or the trees cut match your trees, they may have cited you. And I do uphold those because that is a link. I'm looking for a link. Thank you. The settlement, it was called. This is it. This is it.

you

The cases I have that are set for trial is, well I know for the attorney for the MPA, we'll call the BTR up in just a minute. We have, do not come up. I'm just, these are the other addresses. 1359 Northwest 34th Street, which is having a conversation here. I already spoke to the owner on 1145 Northwest 48th Street, 5035 Northwest 5th Street. Are you here? Excuse me? Fifth Avenue, sorry. Did you not want to see the file? No, no. Did you want to see the file the city's going to introduce to prove the property guilty? Okay, I'm just asking, this is your opportunity before we start, before I introduce the evidence.

Okay.

I'm sorry, hit the wrong one. All right, obviously this is it. And you're Mr. Vidal? This is the ticket, dah, dah, dah, dah, dah, you know that. This is your appeal. And it's the tenant.

Amen.

They're not gonna be back, you gotta get somebody else. Somebody needs to be saying sign this and this is how you pay while you're calling the next one.

On that.

Case number 96917, address 6310 Northwest 15th Avenue.

Hey, good morning. What's your name, sir?

Good morning, my name is Allen El-Chami, address 6310 Northwest 15th Avenue.

All right, oh, she didn't put it on there, okay. So I have a document here from the city Well, you've agreed that the violation did occur. You're legally responsible. And you've settled this case with the city. You've agreed to pay $75. Is that correct?

Yes, Your Honor.

So ordered. Thank you. So you're going to come forward, sign two copies, take one, take some instructions on payment.

Page 84, case number 120338, address 5035 Northwest Fifth Avenue. Anybody here for 1411 Northwest 40th Street? 5035 Northwest Fifth Avenue, 5035.

Good morning, Your Honor.

Good morning.

So your name, sir?

Manuel Vidal.

So you have a document here where you've agreed with the city that the violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $200 to settle it. Is that correct? She said it was $200. Did you agree to pay $200 to settle the case?

$200, yes.

To settle. Is that correct?

Yes.

So ordered. Thank you. That's what you have agreed to, right?

To my shock, yes. Did you agree?

Okay. So, sir, you're going to come up and sign two copies. I'm going to take one and take some payment instructions with you.

Okay.

Okay, everybody who wished to view, viewed. We have one BTR case, two MPA tickets, and three tickets set for trial. The inspectors who have cases set for trial are Inspector Mills and 2-4 Inspector Maragildo. So just me on the right and everybody else on the left.

Okay, if you're ready, we can start with our trials.

We have a trial that's switched to a settlement.

Okay.

Page 186, case 107585. Property address 1359 Northwest 34th Street.

Hi, good morning. Your name, please? Yes, sir. Sir, I have here where you've settled with the city. You've agreed that the violation did occur. You're legally responsible. It's been affirmed. You've agreed to pay $100 to settle, is that correct?

Yes, even if you give me $50, that can be good for me.

No, did you agree to $100, sir? Did you agree? Yes. Yes, so ordered. Thank you, thank you, sir. This is a good settlement. That was funny.

Okay, the city will call up Case number 00124008, that is BTR Revocation. The address is 3496 Northwest 7th Street. The owner of the property is Montejo Real Estate Holdings. The business, if I get the correct one, is WQK Investments LLC, and they're here today, and they do have the standing. I believe council does want to request a continuance. We can't agree to it. I do have our officers here, but again, that's up to you to decide. Our next hearing date is in June.

Good morning. Good morning. How are you? Fine, thanks. We'll be requesting continuance. We received several notices of the violation, but it never stated what exactly are they intending to argue the violations were. I received it today from the city attorney, and I would like time to go over it. She gave me 52 pages of documents.

You received it today?

Yes. I called the inspector several times, I believe Mr. Pierre. I asked him exactly what violations are you moving forward on. any documentation, and I was not able to get anything out of them.

So are you saying you did not understand what the violation was?

I understand what the violations are, and just to go over the documentation, because they're discussing an incident, a stabbing outside. Okay. They're talking about traffic violations of Individuals, not even customers of the stores. No, I don't want to hear details.

Unrelated. Okay. So you're saying because of what's in the information you received today, you want to be able to review that to be prepared. Is that what you're saying? Yes, Your Honor. Does the city have anything in response to the motion?

Council did not reach out to me. I don't know if he knew to reach out to our office, but he asked today. I provided that. I showed him everything but the Instagram video because I didn't want to put that up on our larger screen today. So I provided it today. Obviously, we don't agree with it because it's a BTR revocation, but it's up to you.

But why wouldn't you agree with it? I'm just asking because I want to hear your side.

The city, well, the city doesn't agree to it because one, council, this case has been, was noticed to be set more than a few weeks ago. The property was posted. Notice was made. I don't know if he reached out to the inspector. Nobody reached out to our office. I would have provided him everything I had in advance. Our officers are here. We're prepared to go. The allegations are serious in nature. So from our purposes... That's our position. I understand his position.

Right. I understand you. Thank you. So did you speak with the officer in between when you got notice and today? I just want to know.

Yeah, I personally called the officer whose name is on the document, Mr. Pierre.

Right.

And I did not get any information from him, just what's on the paper. There's a court date. And that was back in March. And then it was continued to April. And it was continued.

No, I don't want to know that. I'm just asking about information. I'm trying to understand whether you would have had enough information to move forward and if you were provided any other than what you got today. And you're saying no.

Absolutely no information.

Okay. Are you Mr. Pierre, sir? Say your name on the record, please.

My name is Pierre, business tax receipt supervisor.

Yes, sir.

I have not received a call from him that I know of. I have checked my emails, and I check my voicemail every day. We have spoke to the property owner, because he came out and spoke with me and our assistant director, and he was advised of what was going on. So they are aware of why we are here. Okay.

Did you speak to the business owner, not the property owner?

No. The business owner came in and spoke to me and the assistant director. That guy right there? Yes.

Okay. Okay.

Okay, so it's my understanding, sir, you did get information from the city as to why you're here. Details.

Well, we know there were violations, but as to what violations, like I spoke to him personally.

Right.

And he wouldn't give me any information at all as to what occurred or what's the purpose of the hearing, whether it's... or there was an incident where somebody was arrested at the store.

So I'm going to say, are you saying that you requested documents and they were not provided to you?

I requested documents or anything and nothing was provided.

If he's made that request and they weren't provided or that's his statement, then unfortunately, I mean, I'm not happy about having to say this, but I would hate for what I believe will be a revocation irrespective of when this hearing occurs to be reversed. based upon that issue. When is our June hearing date?

I'm sorry, it's really hard to hear you with the speaker system here.

No, I'm saying that you are making the statement as a member of the bar that you requested the documents, you didn't receive anything, and now you're here having requested from me the first time, which of course I gave to you. And therefore, I believe whether or not it's today, next week, next month, Next year, this BTR will be revoked. We will be successful at hearing. I don't want to have a hearing, have the finding that I believe will happen, but then have it reversed, right? That doesn't make any sense. Our next hearing date is June 17th. And that would be a hard no continuance on June 17th.

I'll be out of the country on a legal matter. And I'll be back the end of June.

We would request June 17th.

What's the date of the hearing? I can approach and show you. I'm meeting with federal prosecutors in another country.

I'm not saying it's true or not that what you'll be doing. I'm just trying to determine. They have dates that don't come up weekly. So when you say you'll be back at the end of June, I'm sure there'll be no hearing at the end of June. I do have to ask, however, when is the next hearing after the June 17th hearing? The next one. I'm just asking.

July 17th.

Will you be back in the country by July 17th?

I'll be leaving.

I'm sorry. If we can have some.

Oh, it's July 8th. July 8th. I'll be leaving around that time to another issue. But if we can have end of July.

No. I mean, look, he could have somebody else cover this hearing for him as far as I'm concerned. I mean, this is not a criminal violation. This is a civil issue.

If you're given the opportunity to be continued, reset, coming back, it's not going to be changed again. It'll be just held in default. You wouldn't have been here. So I'm willing... Almost to go ahead and you're here now.

It's June 17th or July 17th. He can pick which one he wants to agree to. Right.

You say July 8th is also. No, no, no.

July 17th. It's July 17th. He can pick which one he wants.

Both dates. I'm not going to be.

Sir, did you. The suggestion was and the only other option you would have. is to have someone to cover it for you. But you would have been given sufficient time to prepare, and that's what the issue was as it relates to asking for continuance, right? No problem. We'll take the July 17th. All right, so this will be continued, what is that, 60 days?

Yeah, and this is the notice. You probably will get more notices that will be posted, but this will be your notice.

7-17- 25, so ordered, that's our, that's it. All right, thank you. I thank you, all the best to you guys. I'm gonna start calling. What type of cases are you guys ready to do?

We have the MPA cases.

You want me to read them? Nope. Okay.

Sounds good. Yeah, no, it's because I know which ones they're withdrawing an appeal on and which ones it's not. No. Okay, thanks.

Yes, it's done.

All right.

Counsel, it's my understanding that... What's the withdrawal case? that on ticket number 202-42411-1, you're withdrawing that appeal?

That's correct.

Okay. Just want to make sure that's correct. Then, we have the two 67th Northwest 27th Avenue street tickets. I have Pablo Velez, who is counsel for MPA, is present here today. He's reviewed them as well. for that address, the only ticket we'll be moving forward on for that address is going to be the 202-41227-3 ticket.

That's correct, yeah.

Right, not the dash five ticket.

Right.

Just the dash three ticket.

So the other one will be dismissed because it was two, right?

Yeah, so I think, yeah. Well, you're... Right. They'll take care of dealing with the other one. Yeah, right?

Okay.

Yes, Pablo Velas for the MPA, yes.

Okay, so then we, because the issue was that they were kind of double jeopardy, so we'll withdraw the appeal on the other one if you dismiss the Dash 5.

They'll take care of that. They'll do whatever they do in MPA land with that ticket. That I can't control.

So it's on the record, so that's fine. And then the only one we want to hear is the remaining one case.

Well, there are two cases. Still.

Well, no, dash 3, if he's removing dash 5, we withdraw dash 3.

Yes.

Yeah. Okay.

So for your appeal hearing today, you have two cases to hear on appeal. We'll do the 20241227 dash 3 first.

No, no, I'm saying the whole issue, my appeal on that was because it was double jeopardy. If he's taking care of dash 5, I withdraw 3. Oh, okay.

So you're going to withdraw that appeal. Yeah. Oh, wow.

The basis of the appeal was that it was the same thing twice. So if he's taken out one, I'm fine.

Okay. Well, that makes it easy. So then we just have the 250803 case. That's correct. All right. which is apparently this guy.

Good morning. Good morning. So for the record, Mickey Marrero, 200 South Biscayne Boulevard, attorney for Omni Parking, regarding being the valet operator at this location.

Good morning, Inspector. Can you please state your name for the, I should say officer, right? The parking enforcement officer.

Parking enforcement officer Kenneth Carrera. for the valet citation at Upper Buena Vista, 184 Northeast 50 Terrace for Omni Parking Services. All right, that's a long title.

Thank you for being here this morning. I'm gonna show you what, well, these are the notices that were sent out by the city clerk for today's. And so, page three, for purposes of our magistrate, is the appeal letter that was filed. So I'm going to just hold it there so that the magistrate gets a chance to read it. Let me know when you're finished reading it and then I'll...

Okay, go ahead.

All right. Officer, this is the valet citation that you issued, is that correct?

Correct.

Okay, because you're a K Carrera. It is a violation that you issued on the date of issuance is a Saturday, March 8th, 2025, is that correct?

Correct.

And what was the violation for?

It was for illegal storage, which meant that they kept a vehicle on the valet ramp for over 15 minutes, and also for not displaying a name tag on the valet attendants.

Okay, so pursuant to, pursuant to section 35-311A, how long is, somebody pulls up to valet, is that correct? And they can only sit sort of in front of that valet stand. Is that what we're talking about?

So what happens is the valet ramp is only for dropping off and picking up vehicles. While I was enforcing the area, I observed the white BMW that had been there for 21 minutes while other vehicles were being taken away. The vehicle remained on the valet ramp.

And they're not allowed to be there for more than 10 minutes, correct? Well, we give them 15. Okay, so you give them like an extra five? Well, I gave them 21. Okay.

All right.

And under 35-310 subsection three, each valet attendance required to have a name tag. Is that correct? Correct. Okay. And in this case?

They didn't have it. We're not displaying.

All right. And so this is a fair facsimile of...

This is actually part of the appeal, but... And just for the record, we're not appealing the name tag component. We... You know, I have no issue with that. They didn't have the name tag. So the only thing we really need to discuss is the ticket about the storage, which I can get into. We rest on the name tag.

So there are small photographs here. I think there's a, this is yours, which looks a little prettier because this came from your office. It's the pretty blue. These are the photographs. How did you go about determining that it was only there for a certain amount of time?

Well, as you can see, the first picture has a timestamp on it, and then the second picture has another timestamp on it.

So the first was at 2.36 p.m., and the other one's at 2.57 p.m.?

Correct. And then when I went to approach the valet, that's when they decided to move the vehicle, as you can see.

Okay. And these represents, this is the sum total of, plus the refusal to sign... of the violation, is that correct?

Correct.

Okay. Did this also have a video associated with it?

Yeah, we wore a body cam video. Okay.

Just give me one moment. I'm assuming this is it. Okay. What happened?

Is this the correct one? That's not it.

I was going to say that's not it. Let's go to this one. I was like, that's November. No, that's not it. Okay, this is the 8th.

Let me see. That's 2.30.

Is this the correct one? It's all from the same date.

I just... That took multiple videos, I think.

Okay. We don't have the white car in this one. You see it's right over there. Okay.

Is there a complaint for the QTH on 54-22 Northwest 4th Avenue? It's going to be a red Nissan 350 blocking the driveway. But this is at 235?

Okay. So let's move to... Let me try to get the right time. I apologize. The white car is not this one, no?

That's the one right here.

This one right here?

That's when you see the gentleman getting inside the vehicle. As you can see, they were ramping other vehicles, and that vehicle stayed there. If there's no parking here, maybe around the corner.

And that's the car finally leaving after it had been there for more than 10 minutes.

21 minutes. Okay.

At this time, the city has nothing further. I would seek to admit the one video of relevance as well as... The documents.

So admit it. What is the city seeking?

It's the payment of the fine, finding of, upholding of the violation.

Right, but how much is the fine?

It's $500 for the improper ramping and for the no-name tag is $100.

So $600 total. Okay. Thank you.

Sir, I'd like to hear from you. Yes. And your name for the record again, please.

Yes, good morning again. Mickey Marrero, 200 South Biscayne Boulevard, attorney for Omni Parking, the valet operator at this location. I just have, and again, as noted earlier, I'm not contesting the name tag. That's pretty black and white. You're going to pay that $100. Yeah, that we have no objection to. If I could ask the officers a couple questions just to clarify my understanding of what happened. Do you normally patrol the area in question here?

Whenever I'm assigned.

Okay. And this particular venue, have you seen it before on a Saturday, Sunday, a general level of busyness and amount of cars?

Correct, yes.

Did this particular day on March 8th, 2025, did it seem like a busier day than normal to you at least? No, it seemed like a regular day. Okay. All right. Thank you. So the reason, again, and my client, I don't know if you saw on the record, they appealed four different cases in speaking with Mr. Velez and reviewing the case file.

I will object to any other tickets being brought in, but I know.

It's okay. I'm not getting into the specifics of those. I was just saying, and I reviewed, you know, the appeal that they filed was somewhat emotional, but when I reviewed him and I met with Mr. Velez, I really only felt that, that's how we withdrew some of the cases, I only felt that this one had merit. And the reason is, I spoke to the valet officer and the supervisor, and what happened here is, and I think the reason that the code says what it says, is you want cars moving, you don't want cars parked in the valet ramps, you don't want someone parking their car for an extended period of time causing traffic disruption in the city. In this particular instance, when I spoke to the officer, and unfortunately he could not be here because he has a day job and just couldn't miss, but he said that, and again, I understand your testimony, but according to him, There was an event at the venue that they were.

I'm objecting to testimony that he's testifying.

To what?

I mean, I get we allow hearsay, but he's the attorney.

Right, right. I get where he's coming from. You don't have an affidavit from this person. The person is not here. You don't have documents. Right.

So the 21 minutes, which was a little bit more than what's normally permitted, occurred because the amount of cars in that particular day It's not that they weren't moving cars, it's that they had two operators, which to them normally is sufficient to operate this venue. On this particular day, there was an increase in business at the venue, so they were trying to just move cars as quickly as possible. And what occurred is, just because of the location of that particular car, they were able to move other cars quicker. And it was cars that came later, so maybe a car was there two minutes and it got moved just because they were trying to clear the ramp as much as possible. So it was a slight increase in the amount of time permitted, understood, but the reason was that they were trying to clear the ramp at a faster rate. And again, I know that the person's not here. I recognize that I couldn't get them here. But this is why I felt that this particular case, the goal of the code is to try and clear the ramp and have movement. And that's what they were trying to do. And it just so happened that because one car was further out, it just wasn't as convenient for them to move them quickly. But the end result was they moved more cars to the valet storage at a quicker pace. and then ultimately when they were directed, they did move that one, but moving that one first, it wasn't this, I think what the code is trying to prevent somebody pays a valet operator an extra extra amount of money and they keep it there or they keep cars there and they're not they're not efficient in the movement and cause traffic problems here the opposite resulted traffic moved faster in a in a stressful situation of a busy event and it just so happened that the collateral damage was one car happened to stay a little longer because of the movement of more cars and that's why so i felt that there was merit on this case because they really were trying to resolve it. And that's why this was appealed. And that's why the only one that we're really trying to discuss here in lieu of all the other ones.

And just as a rebuttal, while, you know, the best of intentions are what they are, and I don't think council's opinion of how people are moving or what they're trying to do is relevant to your determination, even if somebody was here testifying to that, that would also be irrelevant. The city code requires what it requires. If the city code's intent was to, hey, do the best you can do, that's fine. That's not what the city code says. Subsection A of 35-311, which you have, states, you know, it is considered storage if it's there for more than 10 minutes. They gave them 21 minutes. If they didn't bring enough people on site to do the work they needed to do for whatever was going on, that's on them. And in this particular case, it is on them. They're in violation of both pursuant to the city code. And we would ask for the $500 to be assessed for the violation of illegal storage there, as well as the $100 for the failure to have the name tag, which they're not contesting, and any cost of prosecution you deem appropriate.

Sir, do you have anything else different?

I don't. You know, frankly, I recognize that code says what it says. But I'm just, in this instance, and again, this is the first time they're here, first time they've appealed it. I've advised them on all these things and what they have to do, and I understand the attorney's position. But here, in this first instance, this first violation for this, I think best intentions were met, and the result was a better operation for that day.

Thank you. Thank you. I was waiting on my paperwork. I got it.

All right, Council, I was just handling her the orders. They're different orders than the ticket appeal order.

Yeah, they look a little different. So here's the thing. I've heard what you've said. I've heard both sides, and you know that. I've seen video, and that really helped. Really helped. I noticed that cars were actually going around that car, and they were being moved out. I didn't see anything sitting but that car. That's a problem. That's a big problem. Because I'm looking at the code. That's what I have open in front of me. And it's very clear. No storage on the ramp, you know, in the area used for ramping. And if they remain there more than 10 minutes, it's considered that the vehicle is being stored. That is a problem. And it's a big problem. And you're talking, what, 21 minutes? Not even 12 minutes, 15 minutes, 21 minutes. So I'm going to go forward with this as it relates to, I think they're both on one. So I'm going to put $600 plus, I'm going to put an additional $50 court cost on here. because the violation did occur. And I'm going by violations occurring and who is responsible. The fact that even if they did have a big affair and cars could not be moved quickly, that would not be on the officer who did a fine job in noting the 21 minutes the vehicle was there and getting sufficient proof of that. So all I could do under these circumstances is uphold. $600 and $50, so ordered. Thank you.

Thank you, Your Honor. Thank you, thank you.

Okay, our next cases are, we have two set, which are, all right, page 53.

Yeah, all right. Is Brian here?

Page 53, case number 116133, address 1145 Northwest 48th Street.

Good morning.

Good morning. Let me get through there. Hold on.

There we go.

All right.

Are you ready, Madam Magistrate?

I am ready, ready, ready.

Okay.

Inspector, please state your name for the record. Brenda Marigildo, sanitation.

Did you cite the aforementioned property?

Yes. Yes.

For dumping littering on public rights-of-way alley sidewalks on private property in violation of 22-6.

Yes. Okay.

And pages 1 through 33 consists of the file that you created for today's hearing. Is that correct? Yes, ma'am. It includes the actual ticket, which we already saw. We have your summons that was sent to the owner, who's here. Proof of mailing, proof of posting, is that correct?

Yes.

All right. I'm gonna go through all these things so you can see them. Here's the copy of the appeal on page 10. This is our proof of mailing, warranty deed showing the owner, property appraiser report showing the owner. Does this photograph, as we start on page 21, fairly and accurately depict what was in front of the house?

Yes, ma'am.

And the house in the back is the green? Yes. Yes, ma'am. And these are the photographs that you took on November 19th of 2024, is that correct? Yes, ma'am. Is this something, an amount in size or quantity, or of what is there that the city picks up?

It's a combination of both.

All right, so pallets that don't pick up?

We do not collect pallets or any wood. What is the white, the table? Yeah, I believe, yes. Sort of table? Yes.

We've got something acrylic, we have boxes, pile tie, certainly a pile that's more than 50 pounds.

Correct.

All right, which also includes items that the city

does not pick up as well.

Is that correct?

Yes, ma'am. All right.

At this time, the city still admits pages 1 through 33 as Exhibit A.

So admit it. All right.

Inspector, did you ever have a conversation with anybody at the property or the owner?

Yes, I spoke to the owner, the young lady there, and I explained to her. that the reason why the ticket was issued is because those are things, items that we do not collect, not only that it was a very large pile, which I had to ask for a special collection, because our regular trucks would not pick it up on regular collection days.

Okay, at this time the city has nothing further.

Thank you, thank you.

Ma'am, your name for the record. Good morning. My name is Eileen Quintana, owner of 1145 Northwest 48th Street.

Okay. Thank you. Ma'am, I'd like to hear from you in your own defense.

Thank you so much. And thank you so much for taking the time on your leadership and everything. First of all, I just want to say that I am completely aware of the violation, and I see that there was an enormous dump and... Not to excuse anything of that matter, I received a donation and I may have overlooked the size of the pile and the containment inside that pile. I'm a director of a nonprofit and a community leader, so I'm here today to try to have some leniency or completely reduce the cost of this violation. I'm trying to take this role as a learning experience. even though I know it's not an excuse, I'm a single first-time home buyer and work for an art, I have an art nonprofit. With all considering, I just really would hope if we can, this will never happen again. And it was just a complete oversight. So if there's anything that we can do to help towards the cost is really where I have a,

So Madam Magistrate, the city already offered a settlement. That's what I was going to ask. I went through everything else. The settlement was less than the ticket amount. She rejected that amount.

No, I was going to ask.

I did explain that, what happens when you go to a hearing. Pursuant to the case law is very clear that the magistrate cannot take into consideration empathy or anything like that in terms of a violation with regards to whether or not it happens or amounts of fine.

Okay. Here's the thing. In the opening, I tried to be very clear. I look for two things. If the violation occurred and if the person is responsible. And so people come and sometimes they can prove they're not responsible. I've seen videos of others putting that there. They've shown me because you have to disprove what's been done. This isn't that circumstance. Ma'am, there is nothing else I can do except uphold the violation. It did occur. You're legally responsible. It's been affirmed. That fine would be $525. And because we're here, there's an additional $100 being placed on this, ma'am. All I can tell you, this is so ordered. This is what we're doing. And I ask that you, you know, all the best to you. and what you're doing. But you said you got it. And that's, I guess, the most important thing. You got it going forward. And so that's it. $525 plus $100. You admit it yourself. You understand. It does exist. And there is a violation. So, ma'am, I need you to come and sign off on this. The opportunity was with the inspectors in the city to settle. And that's why I was Trying to be clear at the beginning. So ordered, ma'am. Thank you. Thank you.

All right, next case will be page 102, 1411 Northwest 40th Street. Same inspector. Let me get to that one. And he has a valid power of attorney. Have you let me know when you're ready? Who? You. I'm ready. I know, you're always ready.

I'm born ready.

Never not ready.

Let's go.

I'm ready.

All right. There we go. All right. Inspector, please state your name for the record. Brenda Marie Gildo, Sanitation. You cite the aforementioned property for what's known as illegal dumping, littering on public rights-of-way alleys, sidewalks, or on private property pursuant to 22-6 of the city code. Yes. Okay. Okay. And you put together pages 1 through 40 for today's hearing as your case file, is that correct? Correct. Which includes, as we can see here, the citation which was issued, the proof of posting and mailing to the owner, as well as the summons for today, which we see here, interspersed with some copies of the orders for today. I don't know why those show up, but they do. We have the deed, the USPS tracking numbers,

Hold on a second. Let me text something.

The owner of the property today is?

Excuse me. It's a Florida Home Experts. Right.

It used to be Antoinette Wooten, correct?

Correct.

Right.

That's what the violation was written to. I said that's what the violation was written to. It wasn't written to the correct owner.

When did, let me check something.

May 1st, closed.

The owner changed this past May, correct?

No, last year, May.

When was the ticket issued?

I think May 17th.

May 17th. I may just have to avoid it. Hold on, let me check. Yeah, the ticket should be voided.

It was issued to the wrong property owner at the time.

What happens is it switches in the system.

Can I?

No, there's nothing to say.