Special Magistrate - Regular Meeting

Thursday, August 21, 2025

The Special Magistrate addressed numerous code enforcement cases, dismissing several due to compliance. Many properties faced ongoing fines for unpermitted work or failure to obtain building recertifications, with owners and contractors providing updates on permit applications. Settlements were reached in two cases, and a 30-day extension was granted for two new cases without immediate fines.

About this meeting

Government Body
Special Magistrate
Meeting Type
Special Magistrate
Location
North Bay Village, FL
Meeting Date
August 21, 2025

Transcript

188 sections

0:46Speaker 3

Afternoon, everyone.

0:50Speaker 9

Good afternoon. How are you?

0:53Speaker 3

Great. How are you?

0:55Speaker 9

Good. Good, good, good, good. Ready. Maybe you guys are.

1:04Speaker 3

Yeah. Let them in. Do we have a long agenda today?

1:08Speaker 9

No, it should be fine. We got a few compliance, some mitigations. Okay. Yeah.

1:17Speaker 3

Okay, I'm ready when you are.

1:20Speaker 9

All right, thank you. Let's hit record.

1:27Speaker 8

Recording in progress.

1:32 – 1:52Speaker 9

Letting everybody in. Oh, hey, Your Honor, it seems to be everybody for now.

1:53Speaker 8

Omar Diaz checking in. We hear you.

1:59Speaker 3

Okay, everyone in?

2:07Speaker 9

Yes, Your Honor, it's everybody for now. Okay, wonderful.

2:11 – 3:43Speaker 3

Okay, good afternoon, everyone. My name is Attorney Regine Monestine. I am the special magistrate for this afternoon's hearing here at North Bay Village. This is a code enforcement hearing conducted pursuant to chapter 162 of the Florida statutes. Formal rules of evidence shall not apply, but fundamental due process will be observed and shall govern these proceedings. I will hear testimony from the code inspector as well as the alleged violator and any testimony that I deem competent and relevant will be admitted. All witnesses and parties offering testimony must be sworn in. The village will present its case first and the alleged violator will have an opportunity to present his or her case as well. At the conclusion of the presentation, I will announce a decision and issue a written Order thereafter. If you were found guilty of the violation, you will be ordered to comply with the code within a certain time. If you do not do so, you may be fined up to $250 per day for the first violation and $500 for repeat violations per day. If you decide to appeal my order, you may do so by filing a notice of appeal with the clerk of courts in Miami-Dade County. You have 30 days within which to file this appeal. At this time, Madam Clerk, please wear everyone in, and then you may call your first case.

3:47 – 4:46Speaker 12

Everyone on this call who's giving a testimony, please turn on your cameras and raise your right hand. Please turn on your cameras. Do you swear that your testimony will be the truth, the whole truth, and nothing but the truth, so help you God? Case number 6337, property address 7505 Mutiny Avenue. Owner, Arturo Gonzalez and Lorena Bota. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits, entrance doors, side windows were replaced and new driveway. Inspector on this case, Maria Tovar.

4:49Speaker 11

Good afternoon, Maria Tovar, Code Officer. This property came into compliance before the hearing was dismissed.

4:59Speaker 3

Wonderful. You may close us out.

5:09 – 5:34Speaker 12

Case number 6348, property address 7560 West Treasure Drive. Owner, Timothy Wilcox. In violation of Code Section 94.02A and 1 of the Norway Village Code of Ordinances, the landscape is overgrown on the property and is not maintained. Grass, weeds, and trash and debris. Inspector on this case, Maria Tovar.

5:37 – 6:37Speaker 11

Good afternoon, Maria Tovar, court officer. This is the new case. On April, 2025, a civil infraction notice warning was sent to this property for failure to maintain landscaping, grass, weed, overgrown, trash, and debris on the property. On May 16, 2025, the property was in the same condition and a $200 citation was issued for failure to maintain the property. The citation was paid on August 19, 2025. However, landscaping is still the same condition. So we are recommending for the property owners to maintain the landscaping to standard and for the fines of $250 to begin accumulating today until we come into compliance and to return at the next hearing for an update if needed.

6:40 – 6:52Speaker 3

Okay, is anyone here for this property? No, I didn't see anybody. No, hearing none, I'm going to go ahead and accept the village's recommendation. Thank you. Thank you.

6:57 – 7:19Speaker 12

Case number 250303, property address 7529 Muni Avenue, owner Ocean Capital Group Holdings LLC. in violation of Code Section 8.15J and 1 of the North Bay Village Code of Ordinances, building maintenance and standards violation. Inspect on this case, Orlando Rodriguez.

7:22 – 9:15Speaker 9

Good afternoon, Your Honor. For the record, Orlando Rodriguez, North Bay Village Code Enforcement Director. Your Honor, this is a new case. On February 28th, 2025, the observed property had a fire at the home that spread into several areas. The property did suffer some damage, but thankfully nobody was injured at the home. March 5th, 2025, the code department did issue them a warning notice granting them 30 days to commence the process to apply for permits for repairs needed at the home. Once the compliance time expired, we confirmed that no permits were on file yet. In July, the notice to appear was issued and drafted, sent certified mail posted at the property. In late July, we did notice that the property hired a company to perform some fire restoration and cleaning. I spoke with the crew on site that day and just confirmed they were only cleaning and not doing any kind of structural repairs. And that was the case. On August 12th, last week, 2025, the property was able to apply for a couple of permits. Just for the record, 000379-2025. electrical permit for temporary power. It's just pending additional applications for repairs, but I assume they are applying for this permit first so they could go ahead and get power out of the property to use tools and commence to do the repairs needed over there. So our recommendation at this point is for the property to obtain permits as soon as possible for these repairs needed. We would request that fines of $250 per day commence today until compliance is achieved, and we'd like to see the property back for a status report.

9:17Speaker 3

Okay. Is anyone here?

9:21Speaker 9

Anybody here for 7529 Mutiny? This is the first time here, so I don't see anybody.

9:29Speaker 3

No? All right. I'm going to go ahead and accept the religious recommendation.

9:38 – 9:59Speaker 12

Case number 241101, property address 1881 Kennedy Causeway, owner of the Bridgewater Tower Condominium Association Inc., in violation of Code Section 8.17J1 and 2 of the North Bay Village Code of Ordinances, building maintenance violation. Inspector on this case, Orlando Rodriguez.

10:01 – 11:17Speaker 9

Good afternoon again, Your Honor. Orlando Rodriguez for the record, North Bay Village Code Director. This property was before you last hearing on June 26th, where the property was accruing fines of $250 per day since May 22nd. At that time, fines had been running for 36 days for a total of $9,000. Fines were ordered to continue and for the property to return today. As an update, the property manager, Mr. Diaz, was able to submit the permit application It is pending review from the building department. He sent me communication actually yesterday, I believe it was, or the day before, showing that they actually resubmitted it because it did have some comments. So now it'll go through the round of review again. So that's good. Omar also indicates that his permit runner is working with Durham as well because they need some Durham approvals for this item. So they're also working on that. Recommendation is for the property to comply with the violation as soon as they can. As of today, fines of $250 per day have been running for 92 days, total of $23,000. We'd ask for the fines to continue and for the property return for status report. Last hearing, the manager for the building, Mr. Diaz, was here and he's back again this afternoon.

11:20Speaker 3

Okay, Mr. Diaz, let's hear from you. Do you have any objection to the village's recommendation?

11:26 – 11:45Speaker 8

Your Honor, no, we're just stuck in the mire of engineers that are slow to respond, and now we're in a second review cycle. So I'll just keep my fingers crossed that the experts do what they need to do to get this permit issued as soon as possible.

11:46Speaker 3

Okay, great. So I'm going to go ahead and accept the village's recommendation, and hopefully we will have this resolved sooner than later.

11:55Speaker 8

Yes, Your Honor. Thank you, sir. Thank you. Thank you very much, both of you.

12:00Speaker 9

Thank you, Mr. Diaz. All right, next case, please.

12:06 – 12:30Speaker 12

Case number 5350, property address 7511 Coquina Drive, owner Mohamed Hossain N.W. Jessamine. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits, new kitchen and the rear of the property, a screen porch, a roof, and electrical. Inspector on this case, Maria Tobar.

12:34 – 13:54Speaker 11

Good afternoon, Maria Tobar, Court Officers. This property came before you last on June 26, 2025, and it was found to be in violation of the new building, the new kitchen on the rear of the property, screen porch, roof, electric and plumbing. They were given 30 days to obtain the permit to come into compliance with a running fine, so $250 per day. The owner was present at that time. The property has been accumulating fines of $250 per day since June 26, 2025, for 57 days for a total of $14,250. On July 7, 2025, the contractor sent an email to the building department asking what was needed to obtain the permit. And at least one item was sent by the building clerk to the contractor. And the contractors have been in communication with us and with the building department. But as of today, no permit has been submitted. It is our recommendation to obtain the necessary permit to comply with the violations and for the fines to continue to accumulate to come into compliance, to come back for the report as needed.

13:57Speaker 3

Okay. Sounds good to me. Is anyone here for this property?

14:02 – 15:24Speaker 1

Yes, my name is Mike Latham. I would say I'm a registered architect and a registered general contractor. I would say I'm acting now as the architect rather than the contractor. So this homeowner has done everything they need to do to move the process along. I think that you all understand that. there's just a limit to the speed these things can go at. We did submit or begin to submit the original permit application, but then drawings and calculations were requested. So the homeowner has hired both an MEP engineer and a structural engineer who are currently working on the drawings and calculations. And as soon as we can, we've got our professionals lined up so that we can get those permits applied for. Now, at that point, there will be comments and a couple, you know, there's always a couple cycles back and forth with the review. And then it will take some time to do the work. And so I would just request at this time, if possible, that the fine be lowered while they're working on this. They're spending above five figures on all the professionals in the drawings, and it is going as professionally and quickly as is reasonable. But you can imagine these things add up very quickly, and we're probably looking at something close to five figures in a fine by the time this is finally signed off by the building department.

15:25 – 15:50Speaker 3

Yes, I understand your frustration. I understand your position. However, we can address fines after compliance. So right now we focus on how much time do you need to get this into compliance as quickly as possible. And once it's in compliance, then you can have a conversation with the city about any reduction in fines.

15:52Speaker 1

Okay. And how do those fines manifest? Is that a lien on the property eventually? Or do you not do that unless it looks like nothing is happening and they're not?

16:01 – 16:12Speaker 3

Yeah. So hopefully it doesn't get there. But at some point, if there's continued fines, then the city will eventually lien the property.

16:13Speaker 1

Okay, I better understand the process now.

16:15Speaker 3

It's not an automatic thing, right?

16:17 – 16:29Speaker 1

Okay, yeah, that gives me a clearer understanding of the process. And I'm working on this diligently, and I'm happy to come back for a status update as appropriate. We'll get it done as quickly as we can. They're doing all the right things.

16:29Speaker 3

Yeah, that's all we ask.

16:31Speaker 1

Okay, thank you.

16:37 – 17:01Speaker 12

Case number 08051, property address 7929 West Drive, Unit 402. Owner, Jilla Renee Azabal. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits remodeled two bathrooms that required building, electrical, and plumbing permits. Inspector on this case, Orlando Rodriguez.

17:04 – 18:01Speaker 9

Captain, again, Your Honor, Orlando Rodriguez for the record, North Bay Village Co-Director. This case was also before you last hearing, June 26th. Property was ordered to obtain their permits to comply with the violation. Fines of $250 per day were imposed. Property was ordered to return today for status report. The last hearing, Mr. Denny was here, the contractor representing the owner. He's back again this afternoon. He's been in communication with me. He's still working on the paperwork for the permits, but he is hoping that he has those submitted as soon as possible. Our recommendation is for the property to apply with these permits as soon as they can. As of today, fines of $250 per day have been running for 57 days, a total of $14,250. We'd ask for the fines to continue and for the property to return for a status report as needed. Mr. Denny's is here.

18:02Speaker 3

He's here. Okay. Mr. Denny's. Do you have any objections to the religious recommendation?

18:07 – 19:24Speaker 5

Hi, good afternoon. I don't have any of the outcome. We know we already need to apply for the permits and supermits. We are very frustrated because we already contract three different architects and engineers to do the drawing for electrical because the plumbing is pretty standard. It is what it is. And about the building, it is okay, but they put... Two new outlets, one in each bathroom. So that's supposed to be a very, very simple drawing for electrical to apply the permits. But for some reason, after one or two weeks, the architect or the engineer said, no, I can't do that. I don't know why. And that's the reason why we already waste a lot of time on that. So last week we already contacted another engineer and they are supposed to be working on to do that modification for the unit. So I don't know if it's possible to keep on hold the fine because we are pretty sure in two weeks the paperwork and all the stuff that's going to be inside the building to get the approval for the permits. Yes.

19:25 – 19:38Speaker 3

Yes. So just like I told the last gentleman, now we focus on addressing the issues and we can then move to fines once we have compliance.

19:40Speaker 3

I understand.

19:41Speaker 3

Thank you. Thank you so much.

19:45Speaker 9

Thank you. Right. Next case, please.

19:51 – 20:13Speaker 12

Case number 6341, property address 7700 Coquina Drive, owner Augustine Alejandro Aguera and Barbara Delgado, in violation of Code Section 105.1 of the Florida Building Code, were performed without the required permits repaving the driveway. Inspecting this case, Maria Silver.

20:16Speaker 11

Good afternoon, Maria Tawar, court offices. This property also came into compliance before the hearing. Please dismiss.

20:23Speaker 3

Okay. Case dismissed.

20:30 – 20:52Speaker 12

Case number 221201, property address 7904 West Drive, owner Bayshore Yacht and Tennis Club, condo. In violation of Code Section 151.20A of the North Bay Village Code of Ordinances, failure to obtain recertification of buildings and components. Inspect on this case, Orlando Rodriguez.

20:55 – 22:14Speaker 9

Good afternoon again. Orlando Rodriguez for the record, North Bay Village Code. Your Honor, this case was also before you. A few hearings before on May 22nd. This property was ordered to obtain their building certification as soon as they can at that point. The building had been accruing fines of $250 per day for 574 days. Pardon me, 789 days for a total of $197,250 fines ordered to continue in the property. It was ordered to return for this hearing. Since the last hearing, the property continues to do what's necessary to get their permits. The property has now... We're happy to report that they did get their permit issued for the concrete restoration, which is about a $2 million job, so that was great to see, so they could get started on that. That's a big component of this recertification process. Our recommendation is for the property to continue to work to get their building certification. As of today, fines have been running for 881 days, a total of $220,250. we'd ask for the fines to continue and for the property to return for a status report. Last hearing, we had Ms. Mona Issa here representing Mayshore. She's back this afternoon.

22:16Speaker 3

Okay. Is anyone here today?

22:21Speaker 2

Thank you, Orlando, Mr. Orlando. And I appreciate the summary of all the progress that we have done in regards to the recertification.

22:30Speaker 3

For a second, hold on. Just so the record is clean and clear. State your name, your relationship to the property, and then let me know if you have any objection to the village's recommendation.

22:39 – 22:51Speaker 2

Yes, sorry about that. Thank you. My name is Mona. Last name is Isa. I'm the vice president of Bayshore Yacht and Tennis Club. And no, I do not have any objection to what Mr. Orlando has stated.

22:51Speaker 3

Okay, great. Thank you so much, and we will see you here next meeting.

22:54Speaker 2

Thank you very much.

22:59Speaker 9

All right. Clerk, if you could read, Your Honor, if it's all right with you, like we did last hearing, all these four next cases are all associated with the, you know, it's all the same property.

23:10Speaker 9

You can just, yeah, read them all into the record, and then I'll provide the summary. Okay. Because it's all the same. All right, Ms. Clerk, if you could read 9 through 12, please.

23:22 – 25:04Speaker 12

Case number 08065, property address 1770 79th Street, Causeway. Owner, North Bay White House Association, number 4, Inc. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits, installed hydraulic power unit, new controller, and a mini-split AC unit. The strikedown in this case was Orlando Rodriguez. Case number 08063, property address 1790 79th Street, Causeway. Owner, North Bay White House Association, number 2, Inc. In violation of Code Section 105.1 of the Florida Building Code, were performed without the required permits installed hydraulic power unit with new controller and a mini-split AC unit. Inspector on this case was Maria Tovar. Case number 08066, property address 1780 79th Street Causeway, owner, North Bay White House, Association number 3, Inc. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits installed hydraulic power unit and a new electrical controller for the elevator. Inspector on this case, Orlando Rodriguez. Case number 08062, property address 1879 Street Causeway, owner, North Bay White House Association, number 1, Inc., in violation of Code Section 105.1 of the Florida Building Code, were performed without the required permits, installed hydraulic power unit, and a new electrical controller for the elevator. Inspector on this case, Maria Tovar.

25:06 – 26:35Speaker 9

All right. Your Honor, for the record, again, Orlando Rodriguez. These cases were also before you last hearing all four of these properties. Basically, you know, it's a cluster of four little buildings and they all had the exact same job done on each. So they each got a separate violation since they're each their individual folio, but they're all represented by the same master association. This case was before you on June 26th. It was ordered that the property obtain the permits The daily fines were not instituted at that time. They were given a break to come back today with an update. From that hearing, I did speak with a gentleman named Daniel who contacted me on behalf of American Elevator who stated that they're still working on all the paperwork for the permits and they haven't been quite able to submit them yet, but they're still getting all their ducks in a row to do that. He's hoping to get that done as soon as possible. I don't have any other update from them. We recommend that the property obtain those permits as soon as they can for all four buildings, and if not, we request the property begin accruing fines of $250 per day commencing today until they have reached compliance, and we'd like to see them back at the next hearing as needed. Last hearing, we had the American Elevator owner, Leo, here. I don't see him this afternoon.

26:40Speaker 3

Okay. No one's here. All right. I'm going to go ahead and accept the village's recommendation.

26:54 – 27:14Speaker 12

Case number 210723, property address 7920 East Drive, owner, Bell Isle Condominium Association, Inc., in violation of Code Section 151.20A of the Norway Village Code of Ordinances, valid to obtain recertification of buildings and components. Inspect on this case, Orlando Rodriguez.

27:18 – 28:05Speaker 9

Thank you. Before I proceed, Mr. Edgar Morales, are you here representing White House buildings? You're muted, sir. Can you please unmute? Little microphone button. Yeah.

28:05Speaker 7

You hear me now? Hello?

28:10Speaker 3

Yes. We can hear you.

28:12Speaker 7

Yeah. I am with Amiel Abiman, 7801, certain Bay Drive. My apologies, sir. I thought you were on another property.

28:22 – 29:52Speaker 9

We just heard. Okay. No problem. Thank you. Okay. Thank you. All right, so Orlando Rodriguez, for the record, North Bay Village co-director. This last property, 7920 East Drive, was here. One of the last hearings, May 22nd, 2025, the property was ordered to obtain their certification as soon as possible. At that point, fines of $250 per day had been running for 1,294 days. The property was ordered to return for this hearing and for the fines to continue. Since that last hearing, the property was able to finish all the railing work that was pending. They're currently working with an engineer to get their final letter submitted, showing that they've cured all the deficiencies in the original report to obtain their certification. They're just waiting for that letter to be submitted to the building official. So our recommendation at this point is for the property to comply with that certification letter as soon as they can. As of today, fines have been running for 1,386 days, total of $346,500. We'd ask for the fines to continue and for the property to return for a status report. Usually we have the treasurer here, Mr. Augustine, that I don't see in this afternoon.

29:53Speaker 3

Okay. I'm going to go ahead and accept the village's recommendation. Thank you.

30:02 – 30:24Speaker 12

Case number 6899, property address 1540 North Treasure Drive. Owner, Coyote Homes and Investment Corp. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits installed underground fiberglass pool and a wood fence. Inspect on this case, Maria Tovar.

30:28 – 32:05Speaker 11

Good afternoon, Inspector Tovar. This property came before you last on May 22, 2025, and in order to obtain the necessary permit to comply with the violation, the property has been accumulating fines of $250 per day since August 15, 2024, for 373 days. for a total of 93,250. On June 26th, 2025, they submitted three permit applications to comply with the violations. For the records, permit application number PLMR-000323-2025 for the installation on the water pump and piping around the pool number E-L-E-R-dash-000322 for the electrical components for the pool water circulation system on the pump. And P-O-O-L-R-dash-000321-dash 2025 for the installation of the ground jacuzzi with electric and plumbing. Applications have been submitted, but they're still in the review process. And it's our recommendation to obtain the permit and to continue accumulating the $250 fine into the Commons of Compliance. And we'd like to see them back at the next November report.

32:11Speaker 3

Okay, is anyone here?

32:14Speaker 11

Anybody here for 1540 North Fisher Drive?

32:28Speaker 3

Okay, hearing none, I'm going to go ahead and accept the religious recommendation. Thank you so much.

32:37 – 33:02Speaker 12

Case number 240508, property address 1666 Kennedy Causeway, Unit 206, owner Causeway Tower, LLC, and Juan Caldero, PA, in violation of Code Section 110.06 of the North Bay Village Code of Ordinances, operating a business without a business tax receipt, BTR. Inspect on this case, Orlando Rodriguez.

33:03 – 33:26Speaker 9

Yes, and again, Your Honor, Orlando Rodriguez. We're happy to report... This case came into compliance before the hearing and we're able to reach a settlement on the outstanding fines owed on the property. The owner agrees to pay the village a one-time payment of $650, payable within 30 days. If not, it will revert back to the original amount and be reported as a lien on the property just pending your approval.

33:29Speaker 3

Okay. Is anyone, oh, are they here just to confirm the settlement?

33:36Speaker 9

Yes, Your Honor.

33:41Speaker 3

They are here.

33:43Speaker 9

Oh, no. Well, Mr. Richmond is here. He's technically the property owner, but we reached a settlement with his tenant.

33:50Speaker 3

Yeah, and sometimes they're here anyway. So, okay, I'm going to go ahead and accept the settlement.

33:56Speaker 9

Thank you. Mr. Richmond's next.

34:01 – 34:21Speaker 12

Case number 211215, property address 1666, Kennedy Causeway, owner, Causeway Tower, LLC. in violation of Code Section 151.20A of the North Bay Village Code of Ordinances, failure to obtain recertification of buildings and components. Inspector on this case, Orlando Rodriguez.

34:22 – 35:41Speaker 9

Good afternoon again, Orlando Rodriguez. For the record, Your Honor, this case was before you, May 22, 2025, where the property was ordered to obtain their certification as soon as possible. At that point, fines of $250 per day have been running for 1,069 days. Total $267,250. The fines were requested to continue and they did. Properties ordered to return today. As an update, I did speak to Mr. Richmond, who's here this afternoon. And we got on an email chain with his contractor, Orestes, and the building department. And seems like we made some headway where the building department is allowing them to go ahead and do a dry run. for the permit process so they could kind of get some comments addressed early so they could continue to move on. And from what I heard this morning from our building clerk, that Mr. Oreses has already submitted some items to her for review. So we have some progress going there. Our recommendation is for the building to comply with the certification as soon as they can. The property at this point has been accruing fines for 1,161 days, total $290,250. we'd ask for fines to continue for the property to return for a status report. We have the building manager here again, Mr. Richmond.

35:43Speaker 3

Okay. Good afternoon, Mr. Richmond. Thank you so much for coming. Go ahead and state your name and your relationship to the property for the record.

35:50Speaker 6

My name is Frank Richmond, commercial property manager for Causeway Tower.

35:56Speaker 3

Okay. No objection. I take it? No. All right, we'll see you here next time.

36:01Speaker 6

Thank you. Enjoy the Labor Day weekend coming up. Yes, thank you, you too. Thank you, Frank. Thank you.

36:09Speaker 9

All right, if we could skip to accommodate the folks who are here to number 18, please.

36:20 – 36:40Speaker 12

Case number 08057, property address 7801 Center Bay Drive, owner Amir D. Avriman, in violation of Code Section 105.1 of the Florida Building Code, constructed a wall in front of the property without building permits. Inspector on this case, Orlando Rodriguez.

36:43 – 38:41Speaker 9

Good afternoon again. Orlando Rodriguez for the record. Your Honor, this is a new case. On January 30th, 2025, the property was cited $250 for performing work without permits. A masonry wall had been erected along the front of the property. that was not included in their permits. The citation was processed, posted, and sent certified mail that day. I spoke with the property owner that afternoon, Ms. Aviman, who's here this afternoon, and advised her of the issue. She indicated that she has been having some issues with that contractor and that she was looking to change him out and was actually waiting to go ahead and get the paperwork done. for her new contractor, who I see is also here this afternoon, Mr. Morales. On April 16th, I met with Ms. Aviman and her husband in person at the lot. We discussed the case in person. We addressed a few issues, a container that had to be removed and a few things that they'd done already. So we all wanted to be on the same page for today's hearing. We reviewed the records on July 1st, confirmed they hadn't had a permit yet. So we went ahead and drafted the notice to appear from today's hearing. On July 15th of this year, Ms. Avion was able to close and sign a deal with her contractor, Mr. Edgar Morales, who's now registered with the village. He's been currently submitting paperwork and meeting with our building clerk. She told me he's met with her on various occasions already, getting all the information he needs to get these permits in line. So it looks like they're on a good track. Our recommendation at this point is for the property to obtain that permit as soon as they can. We'd ask that fines of $250 per day commence today and for the property to return for a status report as needed. We have the property owner here and her contractor.

38:43Speaker 10

Good afternoon, Your Honor. Hi, Orlando. How are you?

38:46Speaker 9

How are you?

38:47Speaker 3

Good afternoon. Please state your name, your relationship to the property, and then let me know if you have any objection to the village's recommendation.

38:56 – 39:35Speaker 10

Yes. Natalia Aviman, property owner. And we do ask, we just got the notice of commencement executed today and filed with Miami-Dade County. And my contractor will verify that with you. He submitted everything to Leilani today. We ask for an extension. Mr. Morales, would you explain to the judge how long it can take us to obtain the required permit and to satisfy the village's issue and ask for an extension without the fines? Edgar?

39:36Speaker 9

You need to unmute, sir.

39:42 – 40:20Speaker 7

Hi, good afternoon. My name is Edgar Morales from EM Construction. We got this project to be finished, change of contractors. And so we finalized all paperwork today with the notice of commencement. Three weeks ago, we submitted everything to the city. So we are waiting to get approval, the change of contractor. So we are going to finalize the house interior and exterior. So we are asking for some extension to get corrections on the property.

40:23 – 40:39Speaker 3

I'm going to go ahead and accept the village's recommendation. I cannot... or waive fines or anything like that at this time. Once you're in compliance, we can have a discussion regarding the fines, okay?

40:41Speaker 3

All right. Thank you so much.

40:43Speaker 9

Thank you. We have one more case with you.

40:46Speaker 10

Oh, we have one more. Sorry, Orlando, we have one more case, you said?

40:54Speaker 7

No, another case.

40:55Speaker 12

Oh, another case.

41:00 – 41:22Speaker 12

Case number 08090, property address 7801 Center Bay Drive. Owner, Emil D. Aviman. In violation of Code Section 104.1F of the North Bay Village Code of Onenesses, construction barriers fences shall be built and maintained in good repair in accordance to code. Inspector, in this case, Orlando Rodriguez.

41:24 – 42:55Speaker 9

Orlando Rodriguez, again, similar to the last one, Your Honor. This is also a new case. They're both new. On March 11, 2025, the property was issued a warning notice due to the construction fence being in disrepair and not installed properly. The warning was posted and mailed to the owners on file. Several months later, the fence remained in violation, so we went ahead and escalated that warning into a $250 citation, which was also posted in certified mail. Sixteen days later, however, they did pay that citation in full. I spoke with the owners, Ms. Obiuman, during that meeting I referenced for the last case, and this was part of the discussion for that meeting with Brethren. And this is something they also just, that I hear Mr. Morales is working on. It's just a formality of getting that permit in there for that construction fence installed properly. The notice to appear was drafted, posted, and sent certified mail. We confirmed that they don't have any permits to date, but as Mr. Morales stated, those are one of the things he's working on. Our recommendation is for this property to comply with this construction fence as soon as they can. We'd ask for fines of 250 per day to commence today and for the property to return the first status report as needed. Same owner and contract.

42:57Speaker 10

Your Honor, I'm a little bit confused. So, you know, we're starting off with a new contract today and, you know, we got everything filed.

43:07Speaker 3

Just so that, just so that the record is clean, just state your name. I know you already did. State your name and your relationship to the property for me, please.

43:14Speaker 10

Natalia Aviman, property owner.

43:18 – 43:30Speaker 10

So I'm a little bit confused as to the first issue, Orlando. So the first issue that we're getting the fine for the previous case is for the permits for the driveway, correct? Okay. Or the fence?

43:31Speaker 9

No, ma'am. For the masonry wall. Yeah.

43:36Speaker 10

I'm sorry. There's background noise.

43:38Speaker 3

Yeah. There's someone talking. Can we?

43:40 – 44:49Speaker 9

It is. There it is. All right. um it is for that concrete wall that is in the front of the property that overlaps with your construction fence and that's why the two um it was built on the same line um that we discussed that day remember yeah that was they started that and didn't finish it okay and it's actually they stopped it at that coconut palm which shows you that you know uh they weren't doing it correctly because they would have removed that tree that all would have been part of the permit. So that's the first issue. And then this is the construction fence, which every property, which is in the state that yours is in, which is an active construction site has to have a safety barrier, which right now it is not, you know, unofficial construction fence, but the permit is kind of like the makeshift thing that this other gentleman did. But, I'm sure Leilani has brought it to Mr. Rouse's attention already. That's part of the items that she told me she talked to him about. So that's what this case is about. They're two separate citations. That's why it's two separate cases.

44:49Speaker 10

So the two issues, they go in together, correct? So once we get the permit for the fence, that kind of takes...

44:57 – 45:15Speaker 9

It can. This gentleman, your contractor, has to work that out with the building department to sort out those two permits. Okay. whether they want to do them together or as two separate ones, it makes no difference to us. We just need it in compliance and maintain there to go.

45:15Speaker 10

So the first issue is to be in compliance with the permit, and the second issue is to remove that wall.

45:23 – 45:34Speaker 9

Legalize the wall, the masonry wall, or demolish it. A permit to legalize or demolish. And the second permit is for the installation of a safety barrier for construction fences.

45:36 – 45:49Speaker 10

Okay. Well, my, my, my, I'm just asking the judge if she can give us any, any, any break on, on please with, you know, we're just getting this all moving forward and we just need a little bit of, I was out of the country for two months.

45:49Speaker 3

Yeah. So you, you can have time. It's not a problem. Um, you know, well, well, how, how much time do we think this is going to take Orlando?

45:59Speaker 10

Or Edgar, how, how much do you think time we need Orlando?

46:06 – 46:19Speaker 9

I defer to Mr. Morales. I don't know what his schedule is like, how many projects he's working on, but if he zones in on this issue, I don't see why in the next 30 days it can't be resolved, but I'm not sure.

46:20Speaker 10

Edgar, we can hear you.

46:25 – 46:36Speaker 3

So why don't we come back in 30 days? Let's come back in 30 days and let's see, hopefully we will have some good progress. All right. Thank you, Your Honor.

46:36Speaker 9

No fines running, correct?

46:39Speaker 9

Okay. Just for this case or do we want to extend it to the same case before or the same courtesy? They're both new cases.

46:46Speaker 3

Yeah, that's fine.

46:46Speaker 10

We can extend it to both.

46:49Speaker 10

Thank you, Your Honor, so much. Thank you, Orlando. Thank you. I appreciate your help. Thank you.

46:55Speaker 10

Great day. Thank you.

46:58Speaker 9

All right. Ms. Clerk, I see Mr. Landers on if we want to. Jump to number 22.

47:10 – 47:30Speaker 12

Case number 047303, property address 7946 East Drive, owner Majestic Owl Condominium Association, Inc. In violation of Code Section 151.20A of the North Bay Village Code of Onizes, failure to obtain recertification of buildings and components. Inspecting this case, Orlando Rodriguez.

47:32 – 47:59Speaker 9

All right, Your Honor, for the record, Lando Rodriguez again, North Bay Village Co-Director. We're happy to report this property came into compliance. We were able to reach a settlement with ownership on the outstanding fines. The property agrees to pay the village a one-time payment of $8,225, payable within 30 days. If not defined, we'll revert back to the original amount and be recorded as a lien on the property just pending your approval.

48:02Speaker 3

Okay. Anyone here for this property?

48:06Speaker 4

I am, Your Honor.

48:07Speaker 3

Okay. And you agree with the settlement as stated?

48:14Speaker 3

Wonderful. Thank you so much for coming. And hopefully this is resolved. Thank you.

48:18Speaker 4

Awesome. Thank you. And thank you, Orlando, for all your help.

48:21Speaker 9

No problem, Mr. Orlando. Take care.

48:23Speaker 8

Let's go back to number 17, please.

48:32 – 48:51Speaker 12

Case number 6347, property address 1660 Salt Trail Drive, owner William Pendergast, in violation of Code Section 105.1 of the Florida Building Code, were to commence without the required permits, complete demolition of the property. Inspect on this case, Maria Tolvar.

48:54 – 50:18Speaker 11

Good afternoon, Maria Tolvar, Code Enforcement Officer. This is the new case. On November 24, this property obtained a permit to renovate an existing single-family home. On May 25, they decided to demolish the whole property without a permit. The property was cited for commencing the work without the required permit. On June 26, 2025, citation was paid A permit application was submitted for the demolition of a house for the record permit application number DEMO-000307-2025. Application was approved, but the permit was not issued, pending some documentation and payment that is needed to complete the permit process. It is our recommendation to obtain the necessary permit to comply with the violation. For the property to begin accumulating fines of $250 per day until they come into compliance and to come back at the next year for a report.

50:21Speaker 3

Okay. Is there anyone here for this property?

50:26Speaker 3

Okay, I'm going to go ahead and accept the village's recommendation.

50:33Speaker 9

Right, so we can jump to number 20, please.

50:41 – 51:15Speaker 12

Pace number 250420, property address 1865 79th Street, Causeway, Unit 15H, owner Esther J. Caldona, in violation of Code Section 151.04A1 6, 8, B, 1, 9 of the North Bay Village Code of Ordinances, minimum housing standards for buildings. No person shall be allowed to rent or occupy a unit without a kitchen sink, windows, and two means of egress. Inspector on this case, Maria Tovar.

51:18Speaker 11

Good afternoon, Maria Tovar, Code Officer. Since property came into compliance prior to the hearing, please excuse me.

51:26Speaker 9

Okay, case dismissed.

51:35 – 52:05Speaker 12

Case number 6345, property address 1570 North Treasure Drive, owner Delphine Miguel Arcote Guerrero and Yaribi D. Gonzalez. In violation of Code Section 105.1 of the Florida Building Code, the installation of a structural stand for a new AC unit condenser mounted over a window without the required premise. Inspect on this case, Maria Tovar.

52:08Speaker 11

Good afternoon, Maria Tovar. This will be the claimant to comply and prosecute. Dismissed.

52:15Speaker 3

Okay. Case dismissed. Thank you.

52:19Speaker 9

All right, Your Honor. That does it for today's agenda.

52:22Speaker 3

Awesome. Great. Thank you so much, guys. Recording stopped.

52:28Speaker 9

All right. Thank you.

52:29Speaker 3

Everyone have a great holiday weekend.

52:31Speaker 9

Oh, same to you. Be safe. Thank you, Mr. Rangel.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.