Ticket Appeal - Regular Meeting

I'd like to take this opportunity to welcome you to the meeting of the City of Miami Ticketing Appellate Hearing. My name is Darcy Siegel, and I am the hearing officer assigned to hear today's cases. It's required that all persons who are going to testify as to facts be placed under oath, including the code enforcement inspector. The code enforcement inspector and alleged violator will be placed under oath. But first, please rise and join me in reciting the Pledge of Allegiance and then remain standing in order to be placed under oath. Please remain standing so that you can be sworn in by the clerk.

Do you solemnly swear or affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth? Yes. Thank you. Please stand if you plan on translating from Spanish to English. Any translations?

C-E-3. C-E-3.

I have some opening remarks before we actually get started, so I'm going to read them and then we will start with the hearings. These are hearings conducted by the City of Miami Hearing Officer, the purpose of which are to give the alleged violators the opportunity to appeal the decision of the code enforcement inspector, which resulted in the issuance of a civil violation notice. These hearings are conducted in a quasi-judicial manner, and I am the hearing officer assigned to hear today's cases. My responsibility is to act much like a judge in court, that is, to hear the evidence in cases presented by the code enforcement inspectors, and then to hear the evidence presented by alleged violators. These hearings are open to the public. These hearings will not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence will be admitted if I find it to be competent and reliable regardless of the existence of any common law or statutory rule to the contrary. All documentary evidence must be submitted for placement in the hearing file. No documentary evidence will be considered unless the alleged violator or code enforcement inspector submits a copy for the hearing file. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not covered in the direct examination. You will have a right to impeach any witness regardless of which party first called the witness to testify and to rebuke the I'm sorry, and to rebut the evidence against any witness. It is my responsibility to make findings of fact based on the evidence of record. The fact finding determinations of the hearing officer are limited to two. One, whether the violation alleged did occur. And secondly, if so, whether the person named in the civil violation notice can be held responsible for that violation. In order to make a finding upholding the code enforcement's decision, I must find that a preponderance of the evidence indicates that the alleged name violator was responsible for the violation of the relevant section of the code as charged. If I affirm the decision of the code enforcement inspector, my order will specify the amount of the civil penalty and the amount of the administrative costs of the hearing. The alleged violator or the city of Miami may seek to overturn the order of a hearing officer by appealing the order to the Miami-Dade Circuit Court Appellate Division within 30 days of the issuance of the order by the hearing officer. After the code enforcement inspector has presented his or her case, and you have presented your case, I will consider the evidence and then render a decision. This concludes my opening remarks. We will now commence with the proceedings. The clerk will now introduce the first item on the agenda.

Page 39, property address 207 Northeast 59th Street, case number 00161073, property address 207 Northeast 59th Street.

Good morning, sir. Hello. Can you please state your name and address for the record?

Aaron Goldstein, 207 Northeast 59th Street.

He's the owner. Okay. You're the owner of 5901 East Little Haiti, LLC?

Yes, ma'am.

Okay. It appears that your property located at 207 Northeast 59th Street was sited by the city of Miami. for excessive and or loud noises audible after 11 p.m. from outdoors. The violation was complied back in April 22nd of 2026, but the civil citation remained unpaid. You had an opportunity to speak with the city this morning regarding this matter, is that correct?

For this particular case, yes.

Yes, and after speaking with the city, you've agreed to settle this matter, is that right? Yes, ma'am. And you agreed to settle it for $200? Yes, ma'am. And did you freely and voluntarily enter into that agreement with the city?

Yes, ma'am.

Then based on your representations this morning, I'm going to sign an order settling this matter for $200. Thank you. Thank you. And if you come forward, you can get a copy of the signed order.

Thank you very much.

Thank you.

Page 8. Propagate address 893 Northeast 82nd Street, case number 00157530.

Eight. Good morning, ma'am. You can pull the mic down.

Olivia Webb on behalf of the property owners. My Florida Bar number is 1050437. Okay. It appears that

Your client, whose property is located at 893 Northeast 82nd Street, was cited by the city of Miami for tree removal, trimming, root pruning without a permit. Is that correct?

Correct.

And you've had an opportunity to speak with the city this morning regarding this matter, and your client wishes to settle it. Is that right? And after speaking to the city, you have agreed on behalf of your client to settle this matter for $200. Is that right?

That is right.

And did you freely and voluntarily enter into this agreement on behalf of your client?

Yes, I did.

Okay, then based on your representations this morning, I'm going to enter an order settling this matter for $200. Thank you. I understand there's a companion case as well.

Yes, that is correct.

Page 5, property address 893 Northeast 82nd Street, case number 00157552.

Okay, can you state your name and address, please? Again.

My name is Olivia Webb. I'm appearing on behalf of the property owners. My Florida Bar number is 1050437. Okay.

It appears that you're Client's property at 893 Northeast 82nd Street was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks, and on private property. That citation was complied back on March the 6th of 2026, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter, and your client wishes to settle with the city. Is that correct? That is correct. And after speaking to the city, Your client has agreed to settle this matter for $250? That is correct. And did your client or you on behalf of your client enter into this agreement freely and voluntarily?

Yes.

Okay. Then based on your representations, I'm going to settle this citation for $250. Thank you. And if you come forward, you can get a copy of both orders. Thank you.

Page 33, property address 100 Southwest 23rd Avenue, case number 00157641, property address 1001 Southwest 23rd Avenue. Do you have a mic? Do you have a mic?

If she can go over there, it's fine. Good morning, ma'am.

Morning.

Could you state your name and address for the record, please?

1001 Southway 23 Avenue.

And what is your name, ma'am?

Germana Cobas.

Okay, Ms. Kovas, it appears that your property located at 1001 Southwest 23rd Avenue was cited by the city of Miami for dumping littering on right-of-way sidewalk or on private property. The area was cleaned up back on March the 12th of 2026, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning about settling this matter. Is that correct?

Right.

And after speaking to the city, you've agreed to settle this matter for $250? Yes. And did you freely and voluntarily enter into that agreement with the city?

Yes.

Okay, then based on your representations this morning, I'm going to sign an order settling this matter for $250. Right. Thank you. And if you come forward, you can get a copy of the signed order. Thank you. Thank you.

I did this one too.

Page 51, property address 1869 Southwest 51st Street, case number 00163176. Property address 1869 Southwest 15th Street. Andre Aguera. He's coming. Okay.

Southwest 15th Street, no?

Yes.

Okay. Sir, could you state your name and address for the record, please?

Name is Andre Aguirre, 1869 Southwest 15th Street, Miami, Florida, 33145.

Okay, very good, sir. Thank you. It appears, sir, that your property located at 1869 Southwest 15th Street was cited by the city of Miami for dumping littering on right-of-way alley sidewalks or on private property. You were issued a citation for that violation, and you've had an opportunity to talk to the city this morning regarding that citation, and you wish to settle it with the city. Is that correct?

Yes.

And after speaking to the city, you've agreed to pay... $250 to settle this matter. Is that right?

Yes.

Did you freely and voluntarily enter into that agreement with the city? Yes. All right. Then based on your representations this morning, I'm going to sign an order settling this matter for $250. Thank you. And if you come forward, you can get a copy of the signed order.

Page 31, property address 1721 Northwest 36th Avenue, case number 00162319.

Good morning, sir.

Good morning.

Could you please state your name and address for the record?

Manuel Huerta, 1721 Northwest 36th Avenue.

Okay. Mr. Huerka, it appears that your property, located at 1721 Northwest 36th Avenue, was cited by the City of Miami for dumping littering on right-of-way alleys, sidewalks, or on private property, and you were issued a citation for that violation. You've had an opportunity to speak with the City this morning regarding this matter. Is that correct? Correct. And after speaking with the City, you've agreed to settle this matter for $100. Is that right?

Yes, ma'am.

Okay, and did you freely and voluntarily enter into that agreement with the city? Yes. All right, then based on your representations this morning, I'm going to sign an order settling this matter for $100. Okay, thank you. Thank you, and if you come forward, you can get a copy of the signed order.

Page 53, property address 797, Northwest 55 Terrace, case number 00161944.

Good morning.

Good morning. Just give me one second here. I got it. I got it. Yep. Okay, good morning. Could you state your name and address for the record, please?

Carla Martinez, address 2730 Southwest 96th Avenue, Miami, Florida, 33165.

Okay, and what is your relationship to Jade International Realty, LLC? I'm one of the owners. Okay, and we verified that, Ms. Dooley?

She is one of the owners? Yes. Okay. We've got the...

No, that's for another one.

Oh, that's for a different one. Yeah.

I'm on Sunbiz.

Okay.

Just give us one second. Sure. Just verify it.

You're Carla?

Yes.

There she is. Okay.

It appears that your property located at 797 Northwest 55th Terrace was cited by the city of Miami for dumping littering on right-of-way sidewalks and on private property. And you were issued a citation for that violation. You've had an opportunity to speak with the city this morning regarding this matter, is that correct? That's correct. And after speaking to the city, you've agreed to settle this matter for $250, is that right? That's right. And did you freely and voluntarily enter into that agreement with the city?

Yes, I did.

Okay, then based on your representations this morning, I am going to enter a order settling this matter for $250. Thank you. Thank you. You have another case here? Yes, I do.

Ms. Dooley, she has another case here? Do we know? Yes, it should be on page 35. Did we resolve that or is that going to trial?

Yeah, no, it should be. Okay. It's settled. Yeah, she settled it. Got it. Okay.

Let's see if you have it.

Okay.

All right. You want to call that one into the record, please? That's okay. Okay.

Page 35, property address 1152 Northwest 58 Terrace, case number 00162070. Okay.

Could you state your name and address for the record, please? My name is Carla Martinez. My address is 2730 Southwest 96th Avenue, Miami, Florida, 33165. Okay.

Ms. Martinez, what is your relationship to Carlos Javier Martinez? He's my brother. Okay. And we have a proper power of attorney? We do. Okay. Okay. It appears that your brother's property located at 1152 Northwest 58th Terrace was cited by the city of Miami for dumping littering on right-of-way alley sidewalks or on private property. That violation was complied or cleaned up back on April 15th of 2026, but the civil citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter, is that correct? That's correct. And after speaking to the city, you wish to settle this matter for $250, is that right? That's right. And did you freely and voluntarily enter into that agreement with the city?

Yes, ma'am.

Okay, then based on your representations this morning, I'm going to enter an order settling this matter for $250. Thank you. Thank you, have a good day. Come forward and get a copy of both of the orders.

Page 63, property address 4530 Northwest 12th Place, case number 00159432. Page 63. Good morning.

Good morning. Could you state your name and address for the record, please?

Elvia Bonilla, 4530 Northwest 12th Place, Miami, Florida 33142. Okay.

It appears that your property located at 4530 Northwest 12th Place was cited by the city of Miami for tree removal, trimming, root pruning without a permit. Correct. And you've had an opportunity to speak with the city this morning regarding settling this matter. Is that right?

Right.

And after speaking with the city, you have agreed to settle this matter with the city for $100. Is that right?

Yes, that's correct.

And did you freely and voluntarily enter into that agreement with the city?

Yes.

Okay. Then based on your representations this morning, I'm going to enter an order settling this matter for $100. Thank you. And if you come forward, you can get a copy of the signed order.

Page 58, property address 1800 Northwest First Avenue, case number 00162967, page 58.

Good morning, sir. Good morning. Could you state your name and address for the record, please?

Andre Edwards, 1800 Northwest First Avenue.

And Mr. Edwards, what's your relationship to Luxury Spaces Miami LLC? Owner. I'm sorry? Owner. We verified that, Ms. Dooley. Thank you. It appears that your property located at 1800 Northwest First Avenue was cited by the City of Miami for tree removal trimming root pruning without a required permit. You've had an opportunity to speak with the city this morning regarding this matter. Is that correct? Correct. And after speaking to the city, you've agreed to pay $100 to settle this matter. Is that right?

Yes.

And did you freely and voluntarily enter into that agreement with the city?

Yes.

Then based on your representations this morning, I'm going to enter an order settling this matter for $100. Thank you. And if you come forward, you can get a copy of the signed order.

Page 74, property address 7811, Northeast 10th Court, case number 00162992. Page 11.

I'm sorry. Good morning, sir. Good morning. Could you please state your name and address for the record?

Juan Diego Serna, 7811, Northeast 10th Court.

Okay, and your relationship to Kasavad LOD? I'm the owner. LOD, you're the owner? Yes. We verified that, Ms. Dooley? Yes. Okay. It appears that your property located 7811 Northeast 10th Court was cited by the city of Miami for dumping littering on right-of-way alleys, sidewalks, or on private property. You were issued a citation for that violation. The area was cleaned up back on April 29th of 2026, but the civil violation and citation remained unpaid. You've had an opportunity to speak with the city this morning regarding this matter, is that correct?

Yes.

And after speaking to the city, you've agreed to settle it for $250, is that right?

Yes.

And did you freely and voluntarily enter into that agreement with the city?

Yes.

Okay, then based on your representations this morning- I'm going to enter an order settling this matter for $250. Thank you. And if you come forward, you can get a copy of the signed order.

Page 18, property address 3513 Southwest 3rd Street, case number 00158029. Good morning, sir.

Give me a second here. Can you state your name and address for the record, please?

Levon Valdez, 3513 Southwest 3rd Street.

Okay, Mr. Valdez, it appears that your property located at 3513 Southwest 3rd Street was cited by the city of Miami for dumping littering on right-of-way alley sidewalks on private property. You were issued a citation for that violation. You've had an opportunity to speak with the city this morning regarding this matter. Is that correct?

Yes.

And after speaking to the city, you've agreed to settle it for $50. Is that right?

Yes.

And did you freely and voluntarily enter into that agreement with the city?

Yes.

All right, then based on your representations this morning, I'm going to enter an order settling this matter for $50. Thank you.

The remainder of the cases are, we have three trial cases set, and the rest are failures to appear. We do have one that is reset. We had somebody show up on behalf of an owner who had a family emergency yesterday. That would be... Let me get to it. Page 65, 00162380, 1070 Bellmead Island Drive. Woman appeared, said she's a family friend. The owner got called out yesterday in a family emergency. It had not been set before. So I reset it. Yeah, I think they might just actually pay the ticket. She asked about doing that, but I gave them my card. So 65 will be reset.

Okay, you want to go through them now?

We have the trials.

Okay, you want to do that first? Yeah, we can do the trials first. Okay.

So the first one will be, it's going to be page 56, Inspector McCartney, case 00163364, address 1650, Onaway Drive, page 56.

Good morning, sir. Good morning. Could you state your name and address for the record, please?

My name is Brian D'Amico, 1650 Onaway Drive, 33133.

Okay. You were cited by the city of Miami for dumping littering on right-of-way alley sidewalks on private property. How do you plead to that offense?

I'm not guilty.

Okay.

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

Inspector Adrienne McCartney, City of Miami Solid Waste.

All right, did you cite the aforementioned property for violation of Section 22-6 of the City Code? Yes, I did. For what would be illegal dumping or placing things on a sidewalk or swale, not their own property for pickup? Correct. Okay. And did you put together pages 1 through 31 for today's hearing?

Yes, ma'am. Okay.

And the first one, as we're seeing, we show the summons... for today. It's a little out of order, but we have the summons that was sent.

Before you proceed, sir, everything that the attorney's asking the code officer, I mean, you can look at the other screen if that's easier, but it's, there's one right here. Okay. Much appreciated.

Okay. And even if you need to step up there just to see it, that's fine too. Or I can make it bigger if you want.

No, I brought my own copies. Okay. Thank you very much.

All right, so we have the, it's a little out of order, but the summons for the hearing, which was mailed certified to the owner as well as posted at the property. Here as of page four, we have the ticket that was issued. Is that correct? Correct. Which was also sent certified and posted at the property. We have your affidavits of posting and mailing. Here is the appeal on pages nine and 10. And I will bring that up. For you to read, do you need me to make it bigger?

I can read it.

Okay.

I don't, hey, I'm just asking. I wear glasses too. Okay, I'll just, I'll read it into the record so it's there. Okay. We respectfully appeal the solid waste citation issued for 1650 Onaway Drive, Case number 00163362. We have owned this home since 2010. For approximately 16 years, we have used the neighboring Swell area for bulk waste placement with the neighbor's express permission. We have always acted in good faith and have followed the city's pickup time requirements by placing bulk waste on... out only after Thursday evening for Friday morning pickup. This citation was unexpected. In all the years we have owned the property, we have never received any prior warning, notice, citation, or violation regarding this practice or any other practice. Had we been advised that the city considered this placement improper, even with the neighbor's permission, and even when placed out for the proper timing of scheduled pickup, we would have corrected the violation immediately. The citation states... That trash, garbage or debris must be placed on the same property from which it was generated. We understand the city's position and we will comply with that requirement going forward. However, we do not know if the inspector considered whether we placed refuge there with permission as the inspector never knocked on the door to talk to us. We were home when we received the violation. This was not dumping or an attempt to improperly dispose of waste. It was a longstanding neighbor approved bulk waste placement practice done in connection with regular city pickup and in accordance with our understanding of the pickup schedule. In addition, on the date of the violation, the city was conducting road work on our corner and we received notice the day prior. on our door that the road would be blocked and to keep our area clear, our placement of waste in the neighboring area also was in compliance with this directive from the city on that particular day. For these reasons, I respectfully request that the citation be dismissed. In the alternative, I ask that the fine be waived or substantially reduced and that the matter be treated as a first-time warning given our good faith compliance, the absence of any prior notices or violations, and our commitment to comply with the city's placement requirement going forward.

Sounds a lot more wordy now.

Well, let me ask you, did you have an opportunity to speak with the city today regarding settling this matter or not?

I did.

Okay. I just want to make sure.

And I brought a letter from the neighbor, too.

Okay, okay. And you decided to not to settle, correct?

No.

Okay, I'm good.

Okay, all right. And so moving forward, copies of the tracking, warranty deed, property appraiser. So this is the pile that you found, is that correct? Correct.

Okay.

And within it, we have the dreaded Amazon boxes. Yep, we do.

Okay.

And one of them has the, as of page 22, has the 1650 Onaway Drive-On, is that correct? Correct. And there were several of them, yes? Yes. And this is a spot that could be being used by a lot of people in the neighborhood for dumping, is that correct? It could, yes. Right. And it's a very large pile, is that correct? It is a large pile. So it would be, it's larger than the pile that's even allowed by the city, is that correct? It is. Which would be basically, the measurements in the code is about the size of a large refrigerator, yes?

Turned on its side, yes.

Yes, and anything less than 50 pounds.

Yes.

So the size of this alone being used as whatever the general dump for the area, is a violation, but in this particular case, we're here about the packages and the boxes with the address. Yes.

Okay.

And I think that's it. At this time, the city would seek to admit pages 1 through 31 into evidence.

Sir, do you have any objection to me considering this evidence?

No. My only commentary would be that the...

I'll let you give a commentary. Trust me. Okay, then I'm going to enter this composite into evidence. as composite number one for the city.

Inspector, did you have any opportunity to speak with the owner? Did you ever speak?

Not that I can remember.

Okay. Nothing further this time. Okay. Sir, do you have any questions of the officer?

No.

Okay. It's your turn.

My appeal stated my position. I have a... We've been, it is what it is. The boxes were ours, the rest are not. That has historically just been an area that has consolidated multiple neighbor stuff in an area that was actually the most kind of out of the way next to power, you know, next to AT&T equipment and outside of a large hedge. And we've stopped that practice. And, you know, I just, didn't consider it to be any kind of unauthorized dumping when it was with the neighbor's permission, and I brought a letter from him for admission to the court.

You can show it to me, but from what I'm hearing, and I believe you, that the neighbor gave you permission to put it there, doesn't mean that it was proper, number one, but I understand that you did it With permission, number one. I also believe that these, at least the boxes, came from your property, as you're admitting. I know that you're saying that the rest of the bulk did not come from your property. And do we have any evidence that it did?

He's been cited for what he left there. Okay. We normally... don't discuss, anybody that dumped in a place that is not their home, they got hardware for this pile.

Okay.

Okay. And also, were there blitzes done with the homeowners associations in the area prior?

Correct. The homeowners association actually requested that we come out and pass out information because Tigertail was becoming what they called a wasteland. So on February 12th and two weeks after, we did a blitz covering almost 150 homes, of which Fondaway Drive, 1650, was one of them. In addition to that, the construction work that was being done did not impede their bulky waste being picked up. There was no reported missed pickup for that area before the citation was written. I was able to get in, and so were our trucks. So that cannot be a reason for walking catty corner from your corner over to the other corner across the street and putting the boxes down, especially after that February notification, where we had at least 10 inspectors come out, and house by house, we placed them there.

Okay. How much is this citation?

$5.25. And this...

And Mr. Amico is not being cited for the bulk. Is that correct?

He's being cited for his bulk that was on the pile.

Okay.

His bulk, which were more than one box, all the boxes.

No, I saw all the boxes, but for the boxes with his name on it. Is that correct? Correct. That's what he's being cited for?

Okay.

Okay.

Do you have anything further, sir? No. Okay. You know, the problem is, and you know that it's a problem, the problem is that everybody in the neighborhood, number one, watches. And if they see that there is stuff there, they're going to think that it's free for all. And so they also continue to dump there. Is there a sign there saying no dumping or anything like that?

No. The issue is I live in that neighborhood. and I love my neighborhood, and I raise my kids there. The issue isn't people like me putting it out the night before across the street, and it's not a far walk. It's just right, I open my front door, it's right across the street, and it prevented a hole being put in my grass, and I'm putting my garbage out in my barber. The problem is the people putting out trash on Tuesdays and Mondays, and the construction, it's all over the place, and after I received the citation, I've never put anything out there since And you know what? Every week there's boxes on Tuesdays and Mondays from other neighbors, and I haven't heard of any other neighbors getting citations, which is part of the reason that, you know, I felt a little, I don't know.

You felt like you were being singled out. Not on purpose.

I understand how it works. But I felt that the 500 was stiff to be hit after, you know. and otherwise being compliant. So that was part of the reason. I don't know what kind of, but anyway.

From the city's perspective, while he has his own concerns, creating a trash dump and pile like this on a regular basis every week is a major problem. He's claiming, you know, I'm worried about having a, First of all, the boxes aren't for bulk days. Your boxes should be folded up and placed in a blue bin. That's where they belong. They don't belong in bulk pickup. All right. So first of all, that's how that's supposed to be done. And anything that you get from the that you read in the city code or anywhere else or any information you get from the city tells you that. Um, that's how that's supposed to be done. So you end up with illegal, um, an illegal trash pile that's too large, uh, for city pickup on a regular basis and basically trashing somebody else's swale, whether they agree with it or not is irrelevant to the fact that being a part of and creating a trash pile is improper as to what he knows is I would take that for what it's worth as to whether or not anybody else has been cited. He could provide addresses. We could discuss it later. If he wants to report them, we're more than happy to make sure somebody's out there if we see it.

I will say that I read the rules before I came in here and all the guidance. What it said in the recycling section is fold up boxes. It doesn't say in the bulky trash section you cannot put boxes when your recycling is full. or it's not recycling day, I don't know which it is. But I read those specifically, it doesn't say that. That's my knowledge, and if they need improvement, they need improvement, but anyway.

Okay, well the bottom line, sir, is that- I'm following it in concordance now, so thank you very much. No, so I know you've pleaded not guilty, but based even on your own admission, it was your boxes. So I'm gonna find that the violation did occur The violation is affirmed. The amount of the penalty is, I know normally $525. I'm going to issue a fine of $350 to resolve this matter. And that's my finding. I think it's very clear that those were your boxes. You might want to suggest to your neighbor that they can get, I'm sure, a sign. Or can the city somehow assist

And that, the thing is, that's the dump spot for that homeowner on Tiger Tail. It's just not the dump spot for the guy that's across the street, one house over, or the people next door. That's their swell.

That is their spot to put their own stuff. That's where they do put, that's only for that house.

Okay.

We can't have pickups where the neighborhood decides that they're going to make, one place their trash pile.

No, no, I got that, but is there any type of signs that basically say no illegal dumping? I mean, it's one thing to say, you know, no dumping, because I understand that they have the authority and the right to put, the homeowner does, to put their stuff there.

According to his testimony, it's by agreement from all of the neighbors, so I guess they'll tell the neighbors not to do it, but The homeowner who is allowing it is also being cited for the violations.

Okay, I don't know if this individual knew that or not, if Mr. D'Amico knew that. Did you know that they're cited as well, the homeowner? No. Okay, well, they just said it, so they're being cited as well.

On which date?

Yeah, I mean, they will be cited after this one, right, for the future.

It will not be my stuff.

Okay. All right, sir. If you come forward, I'm going to give you a copy of the signed order. Thank you.

Next case will be Inspector Mills, page 46, address 1371 Northwest 60th Street, case number 00162364. Again, 1371 Northwest 60th Street.

Good morning, sir. Could you state your name and address for the record, please?

My name is Johnny Williams. My address is 1371 Northwest 60th Street.

Okay, the city of Miami cited you for dumping littering on right-of-way alleys, sidewalks, or on private property. The area was cleaned up back on April 17th of 2026.

Excuse me.

But the civil citation remained unpaid. How do you plead to this offense? Guilty or not guilty? I'm not guilty. Okay.

Inspector, can you please state your name for the record? Inspector Mills, Department of Solid Waste City of Miami.

Okay. And Mr. Williams, you can see the documents as they come up. If you need to step closer to see them better or you need me to make them bigger, let me know. All right. Inspector, did you put pages 1 through 36 together for today's hearing? Yes, I did. All right. And we start with page 1, which is obviously the violation, which was issued on April 16th for tires, really household garbage with boxes placed across the street in front of another property on the public right-of-way. Is that correct? That's correct. All right. And we're here today for, not for the tires, but actually... for the boxes with the address of Mr. Williams on it. Is that correct? Correct. Okay. You understand that, Mr. Williams? We're here for the boxes.

Yes.

Okay. It was just part of a larger pile. Is that correct, Inspector?

Correct. In the garbage bags as well.

Right. So, page one is the ticket, and that was sent certified mail as well as posted at the property. We have copies of that, your affidavit of posting and mailing. The summons for today, and Mr. Williams is here, which was sent certified mail as well as posted. And we have, starting on page 8, the appeal from Mr. Williams.

And I'll read it into the record. I'm requesting an appeal because I gave clothes to a homeless person, and they put the trash on the roadway. However, I did not go and remove the trash, and I have photos to prove it.

He did, it says, I did go. Oh, I'm sorry. Yeah.

And I did go and remove the trash, and I have photos to prove it. Well, the city has already said that the area was cleaned up, so I think that that's pretty clear, that it was cleaned up. And, you know, obviously when it says complied, that means you complied it, but the fact is that your items appeared there, and that's why you still have the civil citation.

Go ahead. All right, so... We'll move forward, the property information, get past that. So here we have, this is what we're talking about, is that correct? Correct. All right, and in it, this is where we have the address that's part of the package, is that correct? Correct. And that's in that pile right here, correct? Yes. All right. And there were no clothes. Okay, this is all that was there? Yes, that's correct.

And the city of Miami cleaned the pile.

All right. The city of Miami did? Yes.

I cleaned it. The waste collectors that come around in the trucks, because I called for a supervisor, and he sent his crew over to collect everything. And he stated clothes. There were no clothes. It was garbage.

No.

It wasn't.

Wait, wait, sir. Sir, you're going to have an opportunity. Trust me. All right. You're going to have an opportunity to speak.

So at this time, and we have the proof of posting and photographs of posting at his property, where is his property in relation to where this dump occurred?

It's down the street and across. It's across from the house that he put the stuff on the side of. Okay. Directly across from it.

All right. At this time, the city seeks to omit pages 1 through 36 into evidence.

Sir, have you seen the photographs that the city has? Yes, ma'am. Do you have any objection to me considering these photographs and the evidence that they're trying to submit?

No, I don't have an objection.

Okay, I'm going to give you an opportunity. Okay, then I'm going to admit pages 1 through 36 as the city's composite one.

Inspector, did you have any conversation with Mr. Williams at all in this case? Did he reach out to you?

No, he has not reached out to me. Okay, thank you. Nothing further. Okay, sir, do you have any questions of the code enforcement inspector?

Yes, I called several times the day of the infraction. I called, I called, I called. I never received anything, but I left voicemails to her phone and everything. What happened was I gave the homeless guy some clothes that I ordered, but they were too small, so I gave it to him and told him he could have it. And he must have throwed it on the trash pile, the bosses, when he got the clothes. So when I got home and saw the fine on my door, I asked him, hey, what do you do with the stuff? He said, I put it on the trash pile. So I went, I got my truck, backed it up, cleaned up everything, Took it to the city of Miami Dump. I put my truck cleaned up. Even though it was some boxes that I didn't put down there, I gave it to the homeless guy. He put the boxes there, but I cleaned it up. After I cleaned it up, I tried to contact Ms. Mills. I called, called, called, called. And then when I talked to the supervisor, she was gone. So I cleaned it up the same day, but I didn't put the boxes down there.

Okay, but the box did come from your property?

Yes, yes. The boss, I ordered the stuff and I gave him the clothes. He took the clothes out and threw the boxes away.

Well, the problem is there were other items there as well. You said there was garbage there as well?

It was household garbage. There were no clothes. And part of the Amazon mail, I dug out of one of the bags. So it's not like everything was just thrown there. The box was the Macy's box, but there were two Amazons. One of them was inside the garbage bag, the white garbage bag.

Oh, okay. So it was more than just that box. It was a garbage bag?

It was garbage. It was household garbage. Gotcha.

Gotcha. Okay. And inside, your testimony is that inside the garbage bag was an Amazon bag showing the address.

If you see there's a blue and white one, and then you see the white one, this is inside also.

Okay, I see that Amazon box. You see that, sir? Yes. You see what, and do you hear what the officer is testifying to?

Yes, and I'm turned in. The homeless guy, he cleans up. He cleans up the trash that's in the neighborhood. He cleans up. He puts stuff in the bags and puts it there. Neat. He puts it there. He cleans up.

But I didn't put the box there. It doesn't matter that you didn't personally do it. The problem here is that there are clearly identifying signs that this box came from your property. Okay? Okay. So what you're being cited for is because there's garbage or there's debris that belonged to you. Not that you did it, but belonged to you, placed on somebody else's property. That is considered, under the law, illegal dumping.

Even if I go clean, I took my truck and cleaned up everything the same day?

But you did it after the fact, okay? The same case would be, sir, if you're driving down the street and you're going 50 miles an hour and you get clocked for going 50 and then you see a police officer and then you go down to 30. the fact remains that you still were going 50. And the fact remains here that these boxes with your name on it and this garbage, because clearly the garbage came from your property too. If there are identifying marks inside the garbage showing that it came from your property, you may have given it to the homeless person to dispose of, but it originated at your property. And because it originated at your property, It has to stay on your property, and it has to go into the proper bins. And so that's the problem here. The city's not saying that you did it. The city's not saying, I understand they say that they called somebody to come clean it up afterwards. I know you're telling me under oath that you did it, you cleaned it up. But the problem remains, the violation still occurred, okay? You cleaned it up afterwards, but the violation already occurred. And I'm being asked to decide whether or not this violation occurred. And I think it did occur, especially since the officer has testified that these items originated from your property because it shows your address on this die. It shows 1371 Northwest 60th Street. That's the problem. The city's not saying you personally put it there. OK, they're saying that it came from your property and that's how they know. I'm sure the officer had to put on gloves. She opened up the bag. She looked inside and she found items that belong to your property and should not be there. And that's why you were cited. So do you have anything further to say? OK, I'm going to find that guilty of of this offense. You had had an opportunity to speak with the city regarding the settling it, right? but you decided not to do that, which you clearly have a right to do, I'm going to find that, again, that this violation did occur, that you are guilty, and assess a fine of $350. I know that the original citation was $525. I hope you've learned your lesson, and I hope that you're not going to give your property to somebody else, and if you do, I don't know if you were sitting here, But I would suggest, and it's only a suggestion, if you get boxes in the mail, take your name or any identifying information off of it. Dispose of it properly. Keep it on your property. You know, if you want to give clothes or whatever, that's very kind of you. But I would not give them in boxes because they can just be trashed and you're the one that's going to be responsible for it. So that's my findings.

Our final case will be page 37, address 1025 Northeast 81st Street, Inspector Perkins. Case number 00161764. Again, case 1025 Northeast 81st Street. I'm sorry, what number was this? Yeah, page 37, 1025 Northeast 81st Street.

Good morning. Could you state your name and address for the record, please?

Good morning. My name is Talia Cohen, address 1025 Northeast 81st Street.

Okay. Ms. Cohen, it appears that your property located at 1025 Northeast 81st Street was cited by the City of Miami for dumping, leering on right-of-way alleys, sidewalks, or on private property. The area was cleaned up back on April 14th of 2026, but the civil citation remains unpaid. How do you plead to this offense? Guilty or not guilty?

Not guilty.

Okay.

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

Inspector Zastrow Perkins.

Did you put together pages 1 through 30 for today's hearing?

Yes.

All right. And in it on April 10th of 2026, you had a citation issued for a violation that occurred on April 9th in the afternoon. Is that correct?

Yes.

In a violation of 22-6 of the city code. Yes?

Yes.

And so we have in pages 1 through 30, we have copies of the citation that was issued and it was sent certified mail as well as posted at the property. Your affidavit of mailing and posting, copy of what would be today's order. The summons for today's hearing, they're obviously here, which is great, which was sent certified as well as posted at the property. Your affidavit is that. Then starting on pages 9 and 10 is the appeal by the property owner who's here. And so on the top of page 10 is the explanation or the appeal reason.

Okay, and the appeal reason is that they didn't dump any kind of trash on 1061 Northeast 81st Street. Okay, wait, before we proceed, do you understand that I haven't heard this case yet, but this may be a case where boxes were found with your address on it. I don't know if that's the case or not. but it sounds like it may be. Do you understand that's what you're being cited for, that there were boxes? I just wanna make sure that you understand that, that you're not being charged for or cited because you did it. It's just that those boxes or whatever, some identifying items, debris, was on somebody else's property with your information on it. Do you understand that?

Yeah, we understand.

Okay. And you understood that when you had an opportunity to resolve it with the city? Did you understand that? Okay.

Before we get to the photographs, you also have copies of the deed and the property appraised report showing the owner of records so that the correct people were noticed. Is that correct, Inspector? Yes. All right. Tracking information. All right. So here we have... One box here to 1025, right? Yes. Northeast 81st Street.

Correct.

Okay. Sorry, I've got to move these things around so you can see them better. And this is in a swale area, is that correct?

That's correct.

With other... Debris. Debris and... Miscellaneous things. Right. On top of a pile of palm fronds.

Yes. All right.

This in front of their house?

That is not in front of their house. That's in front of the neighbor's house down the street.

Okay. And these are the photographs you took on April 9th, is that correct?

Yes, correct.

And then we have, this is another notice on the box? Yes. How many boxes were there? Two boxes?

I think it was, off the top of my head, I'm going to say two. Okay. One.

And they've been out in the sun because you can see they started to fade. This is a proof of your posting?

Yes.

And posting at the property address for 1025, yes?

Yes.

At this time, the city seeks to admit pages 1 through 30 into evidence. Okay.

You've seen what the city is looking to present as evidence. Do you have any objection to that?

It was just one box, but other than that, it's fine.

Okay. Okay. I'm going to admit this into evidence as city's composite number one.

Inspector, did you have an opportunity to speak with the owners at all?

By telephone a few months back.

Okay, and what did they say to you?

Basically, like I said, they didn't put the box there, and I explained to them that I found the box there, how did it get down the street, and like I said, never really gave an explanation of how it got there.

Okay. This time the city has nothing further.

Okay.

Do you have any questions of the inspector?

I don't have any questions.

Okay. It's your turn. Tell me.

I understand that a box with our name and address was found at somebody else's address, and I understand that that's the code, but I do also understand that if it's repeated and if it's not been fixed, then that's a problem. I just want to discuss the extenuating circumstances that we were not able to discuss with the inspector. At the time of the citation, there were unusually strong winds in our area, which could have easily displaced lightweight items from our pile onto an adjacent property. We have our own trash area where we put the rest, like all of our trash was there, and it was supposed to be picked up that morning, and they didn't come for whatever reason, and that allowed the trash to sit longer than it should have, and it was... Blown in the winds the national weather reports showed winds going up to 17 miles an hour. Can I?

17 miles an hour you said or 70 17, okay Sir if you're gonna you can testify, but you're gonna have to put your name and address on the record My name is Tamir Vidalia.

My address is 1025 Northeast 81st Street Miami Yes, we have the report here. There were winds of approximately 18 and 16 miles per hour towards Eastway, Easternway, which is exactly where our neighbor's house is. And yeah, we have the report here and we can give it to you.

What's the date on that? We have April 9 and April 10.

And I also want to submit a photo of our house with where we put our trash.

All right, I'll look at it. Okay.

Okay.

I also want to note that other people... Is there an objection to me taking into consideration the wind on this particular day?

No, I don't think there's any relevance to the wind, but whatever you determine you want to consider, it's up to you.

Okay. Okay. Okay, I'm going to enter the world weather report from April 9th and April 10th of 2026 into evidence as the homeowners exhibit A and a photo of their property as exhibit B to be placed in the file.

We also have a warning that we left our trash out that we were not supposed to, but it was because the trash collectors didn't come and collect the trash.

Wait, wait, wait, wait. But you're only cited here for one One violation. That may be a second violation?

No, it was a warning, but it's just if you need any evidence because other neighbors were also issued the warning for leaving their trash out, but it's just to show that it was not collected when it was supposed to be.

Okay, but you're not being cited for... So that's not really within my purview today. My purview is to try and figure out if that box that was located at 1060 Northeast 81st Street belonged to you. Okay. Or originated at 1025 Northeast 81st Street. How far is your property, 1025 to 1060? Okay. Okay, but is it on the same side as yours or across the street? I find that hard to believe because one is a odd number and the other one is an even number, isn't it? And 1060, was it 1060 or 1061? It went to 1061. Okay, so it was on the same side. just a few houses down.

We also just want to add that because of the wind and it was probably thrown in the street or something, we have a neighbor who walks his dogs every day in the morning and it's possible because I've seen him do it before. If he sees things thrown on the street, he'll pick it up and he'll put it on the nearest trash pile.

Okay. I'm trying to figure out though how it ended up on the street. You have garbage cans.

Yes.

Okay. If you put them in those cans and the top was down, um, even if it was a little breezy, I don't find that it could come out of that bin. So I'm trying to figure out, and what's your testimony as to how it came out of, how it ended up at this location? I understand you said it was Wendy. Did you put the box in your garbage bin?

the boxes are always in the garbage. I don't know, I wouldn't see it because it happened at night, but it could have fallen and then blown away. By the time this person walks his dogs in the morning, it's extremely early, so it's possible that he just lifted it up took the trash that he saw along the street and put it on someone else's trash pile. Just well-intentioned, not meaning to do any harm.

What person are we talking?

I'm uncertain about people walking their dogs moving things. It's okay. I'm listening to...

It's a neighbor down the street opposite. He walks his dog twice a day, obviously, back and forth.

Let me tell you the problem I'm having. The problem I'm having is... you're testifying that you put that box in one of those bins, okay? I'm having a problem from it getting out of that bin. That's the problem I'm having, okay? You have an answer to that, sir?

Yeah, so I don't fully remember. I believe that the bin was overflowing. Yeah, we had overflowing a lot of boxes in the bin. We waited for the trash to come, the city to come pick it up, and they didn't come that day. So yeah, I believe it was overflowing. Maybe it fell out of the way. I don't fully recollect, but I assume that that was the situation.

Okay, you assume. Is there anything else you have?

No.

Okay. All right. I've heard this matter, and after considering all the evidence that has been submitted, I believe that you are guilty of this offense because it ended up at somebody else's property. I don't believe that somebody came by and picked it out of your trash I don't believe, even with, I know, well, you said that maybe the dog walker did, or maybe he saw it on the ground, but I just don't believe that. I don't believe that that's what happened. What I think happened was either it got thrown on the ground there and maybe blew over, but I don't believe that either, even with 17-mile-an-hour winds, You know, it's not like a piece of paper, it's a box. All right, let me just finish. The bottom line is, it ended up two houses down in a pile of trash, okay? And it looks like it may have been there for a little while, that I understand, because it was, you all were cited back on April, the photographs show from April 26th, and this violation occurred on April the 9th, is that correct?

That's correct, yes.

Okay. So I'm going to find you guilty of this offense. I'm going to, I know it's a $525 fine. I'm going to issue a order of $350. If you are not satisfied with this order, within 30 days after today, you can take it to the courts and you can appeal it. But the evidence is clear that that box was originated from your property at 1025 Northeast 81st Street. And I believe that it's a violation, based on the testimony I heard, a violation of the city code.

You can come up to sign the paperwork when she's done. That's the end of our trials, so we can do...

Okay, one second. And let me also suggest, I've said this before, if you get boxes in the mail, take off any and all identifying information regarding your property.

Well, I also think it's important not to put out overflowing containers. Well, I was going to get to that. Oh, okay, yeah.

Make sure that you don't do that. Try and break down the boxes and put it into, you have two containers there. One is for recycling and one is for garbage. I know it's aggravating because I watch it myself at my home. When they come and they mix everything together anyway and you try and be good citizens and try and separate everything, I understand that, but try and keep the boxes for the recycle one and the garbage for the other. Thank you. Yeah, I'm ready.

Calling no-shows. On page 61, property address 1285 Northwest 52nd Street, case number 00164477. Yeah, and the other one. Moving on to this. I'm ready. Next no-show is page 77, property address 7879 Northeast Bayshore Drive, case number 00162995. And I believe that's all the no-shows I have.

Okay, what about, all right, let me just go through my calendar real quick. Item number 11. Okay, put it on the record there.

Yeah, because I had that one too.

Page 11, property address 2144 Southwest 24th Street, 00156496. Off the calendar. Okay, and why? They didn't have a proper power of attorney, or they might be paying.

Okay, but still considered a no-show, so the original.

No, it'll be reset. Right, that's what you gave them, a reset?

Yeah, the property owner wasn't here. Her tenant or whatever showed up, but the owner just wants to make the payment.

So it's a reset, not off-cancellation, it's a reset. Okay. No POA, reset.

Okay. What about... Page 79. That's my next one. There you go. About 79 and 81.

That one, the owner's just going to make the payment. He didn't want to settle. He didn't want to have a hearing. It was a $79 ticket, so he just wants to make the payment.

So he just left, so it has to be upheld. Okay.

So it's a no-show. FTA, yep. And what about page 81? Page 81. Looks like the person was here.

What do you have for page 81?

I have nothing.

Yeah, no, that one's voided.

You voided it?

Yes.

Okay. Okay.

81 is voided. Okay. All righty. That concludes the ticketing appellate special master hearing for June 18, 2026. Thank you.

Today is the 18th, yes.