Ticket Appeal - Regular Meeting

opportunity to welcome you to this meeting of the City of Miami's ticketing appellate hearings. My name is Dawn Grace Jones and I'm the hearing officer assigned to hear today's cases. I'd like to stand right now everyone for the Pledge of Allegiance. Please remain standing.

They're going to swear you in.

Do you solemnly swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth, so help you God? Thank you.

Thank you. Have a seat carefully. Note that these hearings are conducted within the city of Miami. And the purpose of this is to give the alleged violators the opportunity to appeal the decision of the code enforcement inspector, which resulted in the issuance of the civil violation notice. These hearings are conducted in a quasi-judicial manner, and I am the hearing officer assigned to hear today's cases. If I didn't say it, my name is Dawn Grace Jones. My responsibility is to act much like a judge in court, and that is to hear the evidence in the cases presented by the code enforcement inspectors, and then to hear the evidence presented by the alleged violators. Note that the hearings are open to the public. It is required that all persons who are going to testify be placed under oath as you have been, including the code enforcement inspectors, okay? Everyone is placed under oath at the beginning of the proceedings. The hearings are not conducted in accordance with any formal rules, resulting in any evidential rules. So anything that I find relevant will be admitted. If I find it to be competent and reliable, it will be admitted regardless of the existence of any common law or statutory rule to the contrary. All documents that you have must also, if you're going to put them in evidence, we need a copy in the file, in the file, the hearing file, please. Each party shall have the right to call and examine witnesses. So if you have someone else that needs to say something, you can have them say something to support your case. And if it's relevant, that's good, right? It's my responsibility to find, make findings of fact. So I'm going to determine what's real as best I can. So what I'm limited to, though, to whether the violation occurred and whether the person named in the notice is the person responsible for that violation. Those are the two things I'm looking at. So to uphold, I must find that a preponderance of the evidence indicates that the person named is the person, and that this did happen. And I will, my decision will give, my order will give the amount, and if there's any administrative cost that I'm adding, it will also give that. Understand that. You're warned that failure to comply with the violation by the date in which the violation must be corrected will result in an automatic referral to the Code Enforcement Board, which may result in imposition of daily fines. And you want to avoid that. You may seek to overturn my ruling and that's fine. The way that's done is you make an application to date circuit court the appellate division within 30 days of getting the order okay so after the code enforcement inspector who will be on this side has given their case you will be at this podium you'll give your case if you're having a full hearing that's how that'll work we'll start with the settlements though so at this time I'm going to commence with the hearings and we'll get started thank you

Page 26, case number 125150. Property address 3075 Jefferson Street, page 26.

Yes, that's you. Go ahead to the far podium. I'm like, where'd she go? The far podium.

No, right here, ma'am. For some reason, you have to go to that one. Good morning. Good morning. State your name for the record, please, ma'am. Levita Ullman. Thank you, ma'am. And this is for 3075 Jefferson Street.

Yes, ma'am.

So good morning again. So I have what you've made an agreement with the city that the violation did occur and it's been affirmed and you have agreed to pay the $250. Is that correct? That's correct. Thank you. So ordered. I'm going with that. I've signed off. It's ordered now. You can come and sign. There are two copies. You're going to sign both. One you will take with you. One you will leave with the city. Oh, the instructions to pay this? The clerk is saying they're on the podium. So yes, everybody, you want to get a copy of that, okay?

Page 34, case number 0131938, property address 6315 Southwest 8th Street, page 34. Good morning.

Good morning.

What's the address again?

6315 Southwest 8th Street.

And you had that as page 34?

It's on here. They had page 34. It was page 113, but it looks like it's changed to page 34.

Hold on. That's not the page number. Hold on.

It's page 115. I understand, yeah. If we could just fix that, that's page 115. It's 115.

Do you have someone else you need to...

I was like, I don't think that that's the right one. They were renumbered, but not that drastically.

Yeah.

I'll listen in on which one's there.

Yes, sir. So, good morning. What's your name for the record, please? William Frometa. And you have power of attorney to handle this?

He's the owner of the corporation.

He is the owner.

Thank you. I just need the city to verify because your name isn't on this.

That's fine. Thank you. We're good. Sir, good morning again. So I have here where you've agreed with the city that the violation did occur. You understand your response was affirmed and you've agreed to pay $250. Is that correct? Correct. Thank you, so ordered. I need you to come and sign. Thank you. Come, sir. This part she needs to be doing. Can you tell her? Because you could be calling and she could be doing the signing. Yes, sir.

Page 23, case number 123100, property address 1801 Northwest Second Court, page 23.

Page 81.

Yep.

She just used the far left number, that's all, instead of the middle number.

1801 Northwest 2nd Court, right? Yep, that's page 81. Yep, I got it figured out. Good morning, your name please? My name's Adam Varga. Adam Varga.

And you, how are you affiliated with 1801-1805 Building LLC?

I'm their property manager with PLA.

You are the property manager.

Thank you. Sir, so I have an agreement here with the city that the violation did occur. You're legally responsible. It's been affirmed, sir, and you've agreed to pay $250. Is that correct? Yes, ma'am. So ordered. Thank you so much, sir. I just need you to come up and sign the two copies, and you're going to take one.

Maybe I can help.

You can call the next one. He has a pen. He has a pen. He has a pen.

Page 74, case number 123678, property address 1801 Northwest Second Court, page 74.

Two copies, right? That's you also? Yes, it is. Yes, it is. I wanted to verify. That is the page, right, city?

What is the address?

It's 1801 Northwest Second Court, page 74.

1801 Northwest Second Court.

Thank you.

1801, 1805 Building LC.

Yes, sir. He's right here.

Okay.

He has both. You're good, sir. You're going to take one of those and give them one. And you can go back to the podium, sir. Yes, on this case, I need you to state your name, please. Adam Varga. Thank you, Mr. Varga, and you also have an agreement On this case that the violation did occur, you're legally responsible and it's been affirmed and you've agreed to pay $250.

Is that correct? That's correct.

Thank you. So ordered. Again, we need you to come sign two copies and you're going to take one. And I thank you.

Page 58, case number 131627, property address 1420 Northwest 26th Avenue, page 58.

All right. Good morning.

Good morning.

Your name, please.

Kenny Portal.

Okay, and what is your affiliation with KLM Investment LLC?

I'm the owner. Property owner.

Property owner. So, ma'am, you have an agreement here with the city that the violation did occur. You're legally responsible and it's been affirmed. You've agreed to pay $250. Is that correct?

Correct.

So ordered, ma'am. Thank you. I need you to come forward and sign. There are two copies here. You're going to take one and leave the other.

Page 105, case number 13345, property address 95, Northwest 38th Street, page 105.

Thank you. Thank you so much. You're good, ma'am.

I am fine. Good morning. Good morning.

Your name, please.

My name is Margaret G. Lucent.

Thank you. Thank you so much. So, ma'am, I have here an agreement with the city where you've agreed that the violation did occur. You're legally responsible, and it's been affirmed, and you've agreed to pay $250. Is that correct?

Yes.

So ordered. Thank you so much. I need you to come up and sign. As stated, there are two copies. You're going to take one and leave the other with the city. Thank you so much.

Page 140, case number 84423, property address 2828 Southwest 32nd Avenue, page 140. Good morning.

Robert Gonzalez, good morning.

Mr. Gonzalez. Yes, Mr. Gonzalez.

So this is 2828 Southwest 32nd Avenue. Is that correct? Correct.

Yes, sir. So I have here where you have an agreement with the city that the violation did occur. You're legally responsible and it's been affirmed. You've agreed to pay $250. Is that correct? Correct. So ordered. Thank you so much. I need you to come up and sign. There are two copies, sir. Second one you're going to sign is right there. And you can take that one actually.

Page number 87, case number 125170, property address 3090 Kirk Street, page 97.

Did you get instructions from the podium as to how to pay? There are instructions. Everyone should take one. Thank you so much.

I need the paperwork for this film.

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

Pascal Nicole. Thank you. If you tell me what it is, I'll change it for you. 87.

Sir, this is 3090 Kirk Street. Is that correct?

Correct.

Sir, I have an agreement here where you stated that the violation did occur. You understand you're legally responsible. It's been affirmed. And you've agreed to pay $250. Is that correct? So ordered. Thank you. You want to come up and sign?

Yep. Two copies. I know.

Sorry. You see me?

Page 55, case number 114800, property address 1492 Northwest 27th Street, page 55.

Good morning. Good morning.

State your names for the record. Renee Cuenca.

Thank you, thank you. And what's your affiliation with? Crazy D.R. Corp. Yes, she's the owner. I need her name on the record, please. Hello. Your name?

My name is Contreras.

Thank you, thank you, thank you. So this is 1492 Northwest 27th Street. I have an agreement here that you have with the city that the violation did occur. You are legally responsible. It's been affirmed. And you've agreed to pay $250. Is that correct?

Yes.

So ordered. Thank you so much. I need you to come up and sign. I'm going to sign both and leave one with the city and take one.

Did you guys get instructions on how to pay? Yeah. Okay.

Thank you. Yes. Yes. Thank you. Thank you. That's yours, sir.

They have two now. Where's your one? Here's the next one. What you have?

Oh, that's the payment. Okay. Okay. You're good. Thank you. Listen, everyone, just so you know, I'm told payment, you can't pay until next week. Okay, just note that. Instructions to pay are at the podium. Thank you.

You want to call the next one?

This is what you call it?

You're going to call it, right? Okay.

Page 143, case number 142-146, property address 2205 Southwest 16th Terrace, page 143.

Good morning. Good morning. What's your name, please? My name is Ice Iziken. What's your name? Ice Iziken. And you're affiliation with this property?

Yes, I am the owner. You are the owner? Yes. Thank you.

Yes, this is 2205 Southwest 16th Terrace. Correct. The reason I ask is your name isn't on the paper. It's a living trust. Yes. And so I have to look to make sure they verified and we're all on the same page.

Thank you.

Yes, ma'am. So I have an agreement here, though, that the violation did occur. You're legally responsible and it's been affirmed. You've agreed to pay $250. Is that correct? I need it. After I say it, I need you to respond.

Correct.

So ordered. Thank you so much.

Thank you.

Come up and sign, okay? This company has two tickets set for today, not just one ticket. So when you sign that, come over here.

Okay, so you're going to sign these two and then they want to talk to you about, oh, you got to go, hey. I'm sorry. Okay, but they need to talk to you over there really quickly. Just so you know, she has an emergency, that's why she's doing that, like that, okay? That's not an agreement?

Okay, so that's it.

Is that all as it relates to agreements? Anyone else entered an agreement with the city?

No, I think we just have, the only case we have set for trial, we have a, somebody with a power of attorney who's going to be here in 10 minutes on a case. The trial case we have is page 33, Inspector Mills, 1274 Northwest 39th Street. Is the owner here? 1274 Northwest 39th Street. No, no, come over here, sir. Sir, sir, come on. Is that you, 1274? If you're waiting for your case to be called, That means you didn't check in or speak to somebody over here, so make sure you do that.

Essentially, the city is saying they don't have anything coming up on your case or your case, I don't think. You need to speak with somebody over there. Okay, perfect. Okay, okay, perfect. And you, sir? Have you spoken with anyone on the side? Sir, have you spoken with anybody?

OK. Oh, OK. Perfect.

Perfect. And the gentleman, we did this gentleman, right? So why is he sitting? You want to call him over and ask him what he needs? Sir, in the pink shirt, the clerk is calling you up. No, no, not you, sir. Thank you. Who is the lady in the back? Okay, party over here.

Okay. Here, you can call me. Page 77, case number 125659, property address 1804, Northwest First Place, page 77. 17. 1704 Northwest, first place.

Okay. Thank you.

Good morning again. Sir, your name for the record? Adam Varga. Yes, Mr. Varga. Mr. Varga, I have an agreement here where you agreed with the city that the violation did occur. You're legally responsible. It's been affirmed, and you've agreed to pay $250. Is that correct, sir?

Yes.

So ordered. Here you are, sir. You need to come up and sign. Thank you so much. YouTube, thank you.

Page 103, case number 106012, property address 1274 Northwest 39th Street, page 33.

Hey, good morning. Oh, this is a trial? Hold one second, sir. No, this is an agreement.

This trial, they wouldn't put an amount in.

Sir, you have an agreement with the city, is that correct?

Yes, I picked that trash up, though.

Yeah, you have an agreement with the city. You've agreed, right? Yes, sir. Sir, your name for the record.

Herschel Smith.

Thank you so much. So you have an agreement that the violation did occur. You're legally responsible. It's been affirmed. And you've agreed to pay $100. Is that correct? Yes. So ordered, sir. Thank you. Come forward so you can sign off on that agreement. Thank you so much. You're going to sign both copies, and then you're taking one with you. Ah, okay.

But that guy gets to do the cake.

She's leaving. We can do it.

And we'll just skip that case for now.

I think it's 13. You said it's page 13, right? He is.

So we're going to skip his and they're going to do the failure to appear.

Bye-bye, sir. They're waiting for a power reduction.

All right, so we're waiting for on page 13. We're hoping that his friend arrives. So in the meantime, I don't know if you want to just do the uphelds. Yes, we'll do that. And then we can get that out of the way.

We can do that. Yeah, the no-show uphelds.

Okay, page five. Case number 104742, property address 4412 Northwest North River Drive and page 9. Case number 107046, property address 4412, 412, 4412 Northwest North River Drive, no show. Page 9. 16, property address 18. No, that case was reset. Oh, reset, reset.

Reset, no power of attorney. Reset.

Page 51, case number 112220, property address 227 Northeast 2nd Street, no show.

Page 58 should be reset. 58 is reset. Yeah, that's on a notice issue.

Yes, that wouldn't have it as reset. I have page 71. Case number 123105, property address 1801 Northwest Second Court. No show. No show.

Page 98.

Case number one. What about page 74? 74?

Yeah, page 74, 77, 81. 74, 81. They were settled.

They were settled? But that's the same owner as page 71.

He just left. He was waiting for one last one.

No, no. Page 71, 1801. Northwest 2nd Court. Right. It's the same address as pages 74 and 81. So did we only settle two out of the three tickets that were set?

Four. Four.

You said page 71 is a failure to appear.

He settled 1704, page 1704.

That's not what I'm asking. 1801, Northwest Second Court is page 71. It's also the same address for page 74 and page 81. So what I'm asking you is if We only took care of two of the three cases that were set today instead of all three. Then why are we saying page 71 is a failure to appear? No, I'm sorry.

It's part of those three we're saying together.

Okay, but we're only doing failure to appears. Yes. So why are we bringing up 71 if it's settled?

I read the wrong number.

Okay. Excellent. Page... I'm good. That's all I'm just trying to... Yes. Okay. Good. Cool. Thank you.

Page 98. Case number 121394. Property address 1811 Northeast 10th Court. No show? Case number 121181. Page number 101. Property address 1801 Northwest 22nd Avenue. Page 101. Page 101. Page 101.

The case was never to be here anyway. It's actually supposed to be voided, but apparently somebody paid it before we could void it. It showed void on my documents.

Very nice. Okay. That's it? Oh, no. page 145, case number 886101, property address 1876 South Miami Avenue, no show, page 149, case number 88610, property address 25 Southwest 18th Road, no show.

Everything else is reset. All right, so that's it for us. The gentleman has not appeared. He's parking? Okay. She's parking.

Page 127.

127 is a failure to appear, right?

Yeah. Okay. Okay. Case number 132732. Property address 8225 Northeast 5th Avenue. No show.

All of the failure to appears that have been read on record are upheld.

I think I'm getting a cold. Do you think you can catch me?

Oh.

Need to go stand outside and thaw out.

Did you call up page 132? Four or five, that's not reset. That was never reset except for today. 00132232, address 451 Northeast 52nd Street, page 132. Remember we had the discussion over there. Yes. That that was set for today. She hand wrote it down.

Yes, yes, yes.

Okay, so that is a also failure to appear, correct?

All right. Case number 132222. Property address 451 Northeast 5th Street. 451 Northeast 52nd Street. No shows.

I had a movie called Frozen. I said I had a movie called Frozen. Uh-huh.

Five, four, three, two, one. Mm hmm. Mm hmm.

Oh, you got a comment. This is an agreement. I thought it was a trap.

Page 13, case number 132037, property address 652 Northeast 85th Street,

Thank you. Good morning. Good morning. State your name for the record, please.

Rahima Golding.

Thank you. And it's my understanding the city has the power of attorney, and it's perfect. That's great. So what I have here is an agreement you have with the city stating that the violation did occur, person named is responsible, it's been affirmed, and you've agreed to pay $150. Is that correct? Yes, ma'am. So ordered. Ma'am, I need you to come to the front and sign. There are two copies. One you'll keep, one you'll leave with the city. And there are the instructions to pay. Perfect. Thank you. Thank you. Come up. That's it. Thank you. So ordered.

We have nothing further for you, Madam Magistrate.

Thank you so much. Thank you. I can go defrost. Right. Are we adjourned? These hearings are adjourned. Thank you. Thank you.

you Thank you.

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So I'm the fourth generation.