Special Magistrate - Regular Meeting

Good afternoon, everyone. Welcome to North Bay Village's code enforcement hearing. My name is Attorney Regine Monestime and I am serving as your special magistrate. This hearing is conducted pursuant to chapter 162 of the Florida statutes. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern these proceedings. I will hear testimony from the code inspector and the alleged violator that I deemed competent and relevant. 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 cross-examine the village's witness as well as documents and so forth. At the conclusion of the presentation, I will announce a decision and issue a written order thereafter if you are found guilty. In violation of the Villages Code, you'll be ordered to comply within a certain time. If you fail to do so, you may be fined up to $250 per day for the first violation and $500 for repeat violations. If you desire to appeal my order, you may do so by filing a notice of appeal with the clerk of courts in Miami-Dade County, and you have 30 days within which to file an appeal. At this time, Madam Clerk, please swear everyone in who will be testifying, and then you may call your first case.

Good afternoon. Everyone on this call who's given 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?

I do.

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

Good afternoon, Maria Tovar, court officer. This property came before you last on August 21st, 2025, and it was found to be in violation. 30 days was given to come to compliance. The property started accumulating fines of $250 per day on August 21st, 2025, for 29 days now, for a total of $7,250. The property, everything's been worse than what it was at the beginning. The owner calls sometimes and he says, I will do it tomorrow. But as of today, he hasn't done it. So we are recommending to maintain the landscaping on the property to standard and for the fine to continue accumulating to come into compliance. And we would like to see him next time as needed.

Is anyone here with the property? No. No. No. All right. Well, I'm going to go ahead and accept the village's recommendation. Thank you so much.

Thank you. Case number 250303, property address 7529 Mutiny Avenue, owner Ocean Capital Group Holdings LLC, in violation of code section 8.15J and 1 of the Norway Village Code of Ordinances. Building maintenance and standards violation. Inspector on this case, Orlando Rodriguez.

Good afternoon, Your Honor. For the record, Orlando Rodriguez, North Bay Village, Co-Director. This case was before you last hearing, August 21st, 2025, and the property was ordered to obtain the necessary permits to complete the repairs that occurred on this property due to a house fire. The property was ordered to return for today's hearing, and they began accumulating fines of $250 per day last hearing. As an update, the property, as previously mentioned, applied for an electrical permit so they could have some temporary power on the property to perform their repairs. I spoke with the agent for this home, a gentleman named Jarek, and he stated that he has somebody working on getting the permits on it. However, we're still pending for this electrical permit to be issued and seeing some other applications. Our recommendation at this point is for the property to comply with these violations as soon as they can. As of today, fines of $250 per day have been running for 29 days, total $7,250. We'd ask for the fines to continue and for the property to return next hearing for a status report.

Okay. Anyone here?

The gentleman wasn't here last hearing. I don't know if anybody's here. for 7529 Mutiny Avenue.

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

Thank you.

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

Good afternoon. Again, Your Honor, Orlando Rodriguez for the record, Code Enforcement Director. This case was also before your last hearing, August 21st. Property was ordered to comply with the violations Property at that point have been accruing fines for 92 days, total of $23,000 fines in order to continue for property to return today. As an update, the property manager, Mr. Diaz, who was here last year and he's back again this afternoon, continues to address comments on that permit. We spoke this week and he gave me a good update He indicated that Miami-Dade County had requested a pre-demolition asbestos survey, which they were able to complete and actually came back clear. So that's good. So they resubmitted to Miami-Dade County. They should have that shortly, and then they'll be able to resubmit to the city for approval. So it looks like they're making good progress. Our recommendation is for the property to comply with this violation as soon as they can. As of today, fines have been $250 per day. I've been running for 120 days, total of $30,000 flat. We'd ask for the fines to continue and for the property return next hearing as needed. And Mr. Omar Diaz, the property manager, is back again this afternoon.

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

No, I don't. Just to add to that update, so we should have a response by tomorrow from the county on the approval from Durham and things on their end. Once we have that, as the inspector said, then we'll resubmit the entire package with the results from the county. We can't submit back to North Bay Village until we have this approval from the county, from Durham. So So we're on top of it, and hopefully we'll be able to stop the clock on this before our next meeting.

Okay. Sounds good. Thank you.

Thank you.

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

Good afternoon, Maria Tovar, Coastal Enforcement Office. This property came before you also last on August 21st, 2025. It was found to be in violation. of the new kitchen, building the real property, screen porch, a roof, electrical, plumbing, and 30 days was given to comply with the violation. They already have begin accumulating fines since June 26, 2025, for a total of $21,250 now. Last time we were here, the architect stated that they have submitted all the application needed to get the permit, but they were rejected due to some drawings and calculations needed to complete the process. Since then, no application has been submitted and we haven't had any update from the owner. We are recommending to attend the necessary permit to comply with the violation for the fines to continue and accumulated until they come to compliance and to come back at the next meeting for an update.

Okay. Is there anyone here for this property? I don't see anybody here. All right. Well, hearing none, I'm going to go ahead and accept the village's recommendation. Thank you very much.

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, where performed without the required permits, remodeled two bathrooms that required building, electrical, and plumbing permits. Inspector on this case, Orlando Rodriguez.

Castillo, again, Your Honor, Orlando Rodriguez, for the record, co-director of North Bay Village. This case is also before you, last hearing, August 21st, 2025. Property was ordered to obtain the necessary permits to comply. At that point, fines of $250 per day have been accruing for 57 days, total of $14,250. Fines are ordered to continue and for the property to return today. The last hearing, Mr. Denny, the contractor, was here representing the owner. He's back again this afternoon. We spoke and got an update this week. It seems that he was getting ready to submit for the electrical portion of the permit and the plans had an item in there that didn't need to be there. So they kind of had to rework the plans. So he's finishing that up in order to submit. Our recommendation at this point is for the property to obtain those permits as soon as they can. As of today, fines have been running for 85 days for a total of $21,250. We just request for the fines to continue and for the property to return next hearing as needed. And contractor Mr. Denny's is here again.

Okay, Mr. Denny's, state your name, your relationship to the property, and let me know whether you have any objection to the village's recommendation, please.

Hi, I'm Dennis Lopez, yes. I'm working with a contractor who will be performing the documentation for the permit. We are still dealing with some changes on the drawings permits for the electrical stuff. And hopefully, finally, that's gonna be done this week. So next week we are submitting the documentation in order to get the permit. And pass inspection, of course.

Right. Okay. Thank you so much for coming.

Thank you.

And we'll get this resolved.

Thank you. Thank you. Thank you. All right. Next.

Case number 221201. Property address 7904 West Drive. Owner, Bay Shore Yash and Tennis Club. In violation of Code Section 151.20A of the North Bay Village Code of Ordinances, failure to obtain recertifications of buildings and components. Inspector on this case, Orlando Rodriguez.

Asking again, Mariano Orlando Rodriguez, North Bay Village Code. This case was also before you last hearing, August 21st. The property is ordered to obtain their building certification as soon as they can. At that point, fines of $250 per day had been running for 881 days for a total of $220,250. Fines were ordered to continue and for the property to return today. As we reported last hearing, the building was able to obtain their structural permit, which was a great advancement. I spoke to the vice president this week, again, Ms. Mona Issa. and she indicated that they cut a check to their contractor who's going to do their exterior concrete restoration and they're going to begin to mobilize starting this week and hopefully by next week start the work. So that's in decent progress. Our recommendation is for the property to continue to work towards the certification and obtain it. As of today, fines have been running for 910 days. total of $227,500. We'd ask for the fines to continue and for the property to return for a status report. Usually Ms. Mona Issa from the board is online. I see, I believe is the new property manager is online on her account there.

Okay. If someone can chime in, state your name and your relationship to the property, and then let me know whether you have any objections to the village's recommendation.

Good afternoon. My name is Giovanna Palacios. I am the administrative assistant for Bayshore Village, and we approve what the recommendation was done by Orlando Rodriguez.

Okay, great. Thank you so much for coming. We'll see you next time.

Thank you.

Thank you.

You could, yeah. Your Honor, if it's okay, similar to the last hearing, the next four properties are all just the same owner. We'll read all four if you don't mind and see the record. It's the same update for all of them.

Yeah, that's fine. 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, were performed without the required permits installed hydraulic power unit, new controller, and a mini split AC unit. Inspector on this case was Orlando Rodriguez. Case number 08063. Property address 1790 79th Street Causeway. Owner, North Bay White House Association No. 2, Inc. 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. Inspector on this case, Maria Tovar. Case number 08066. Property address 1780 79th Street Causeway. Owner, North Bay White House Association No. 3, Inc. Code section 105.1 of the Florida Building Code were performed without the required premise, installed hydraulic power unit, and a new electrical controller for the elevator. Inspector on this case, Orlando Rodriguez. And case 08062, property address, 1879 Street Causeway, North Bay White House, Association No. 1, Inc. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits installed her hydraulic power unit and a new electrical controller for the elevator. Respect on this case, Maria Tolbert.

Thank you, Ms. Clerk. Orlando Rodriguez for the record, North Bay Village Code. I was on a conference call with the board president, And his name is Leonardo and Mr. Joel, who is the owner of American Elevator, this week to get an update on these four properties and the violations. So it seems like they just have some coordination to do. Mr. Joel from American Elevator has some vendors that he's wanting to use for the AC portion, and it seems like Mr. Leonardo, the board president, has his own electrical vendor he'd like to use, so they're sorting that out to go ahead and get these permits submitted. At the end of our meeting, it seems like they did agree on the HVAC contractor, so that's good. They're going to start working on those documents, so we're just pending the electrical. So these units... The recommendation is for them to go ahead and obtain these permits as soon as they can. Fines of $250 per day have been running at this point for all four properties for 29 days. Total $7,250. We'd ask for the fines to continue. And we'd just like to see the property again as needed for a status report next year. Usually Mr. Leonardo or Joelle's here. I don't see anybody online.

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

Thank you.

Case number 210723, property address 7920 East Drive, owner Bell Isle Condominium Association, Inc., in violation of Code Section 151.20A of the North Bay Village Code of Mortgages. Village to obtain recertification of buildings and components. Inspector, in this case, Orlando Rodriguez.

Yes, and again, Orlando Rodriguez, North Bay Village Code. This case was also before you last hearing, August 21st, 2025. Property was ordered to obtain their building certification. Daily fines of $250 per day have been running at that point for 1,386 days, a total of $346,500. Fines are ordered to continue for the property to return today. We continue for this property to go ahead and submit their final report for certification. From what we understand, a lot of the items are done and the railings on the property was the final portion. So they just kind of had to submit the new report to the village indicating that they fixed all the deficiencies that were found in the original report. I started another email chain with some of the board members in this last coming weeks and copied the building official just so we could see what's the holdup and what's the movement, especially since we've been dealing with this property for over 1400 days now. So our recommendation is for the property to go ahead and obtain that building certification. Daily fines at this point have been running for 1,415 days, total of $353,750. We'd ask for the fines to continue the property to return for status report and uh i believe miss annette is here this afternoon she's the uh property manager for the building uh i usually communicate with mr augustine uh by email and it seems like the building official just responded to a list of items they need to complete so i haven't heard anything since maybe uh missing that has a different update

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

Good afternoon. Annette DiTomaso. I'm the property manager for Belle Isle Condominium. I have no objection. Okay, great. Thank you very much. Thank you. Hi, Orlando. Nice to finally meet you in person. Yeah. So we are at the last stages of our 40-year recertification. The engineer did finish the structural portion of the inspection, which is what you noted as far as the railing and the roof go. We are pending the electrical portion and the thermographic. So we hope to conclude that very soon.

Okay. Thank you for that.

You're welcome.

All right, Mr. Clerk, next case.

Case number 6899, property address 1540 North Treasure Drive, owner Julio Cesar and Alonso Chocho. In violation of Code Section 105.1 of the Florida Building Code, work performed without the required permits installed an underground fiberglass pool with a wood fence. Inspector on this case, Maria Tovar.

Good afternoon. This property came before you last, also on August 21st, 2025. And it was ordered to obtain the necessary permit to comply with the underground fiberglass pool installation without a permit. This property has been accumulated funds of $250 per day for 402 days for the total of $100,500. The last time the owner was here, he had submitted three permit applications to comply with the violation. But since this property does not meet the setback requirement to build a pool on the backyard of the property, he needed to get approval from planning, zoning, and board, and also for the commissioners to revere him. He did apply to revere him, but the revere him was denied. Now, in order to ratify the violation, he will need permit to completely remove the pool, including the plumbing, electrical, home piping, and all electrical that have to do with the pool need to be disconnected. The building official is recommending to remove the underground fiberglass pool completely to fill the hole with sand, dirt, or similar material in order to be in compliance. So we are recommended to obtain the necessary permit to comply with that violation and for the fine to continue to accumulate until we come into compliance.

Okay.

Is there anyone here?

No. Okay. I'm going to go ahead and accept the village's recommendation. Thank you.

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.

Good afternoon again. Orlando Rodriguez for the records. Your honor, this case is also before you. Last hearing, August 21st. Property was ordered to obtain their building certification. At that point, fines of $250 per day have been running for 1,161 days. Total of $290,250. Fines are ordered to continue and for the property to return for today's hearing. uh as an update the building department has allowed this property to submit documents in a dry run status with the building department that way they can review and give comments to all the documents beforehand um to kind of get a jump on the permitting process so that's exactly what they've done uh it seems like they were able to get thermal approval from last night here and they were going to resubmit to the city so they are making progress on the permit for what is the garbage uh Pardon me, the garage parking repairs needed. Our recommendation at this point is for the property to obtain that certification as soon as they can. As of today, 250 per day fines have been running for 1,190 days, total $297,500. We'd ask for the fines to continue and for property to return for a status report. Usually the building manager, Mr. Frank Richmond, is here. He must have gotten tied up this afternoon. I did not see him.

Okay. No worries. I'm going to go ahead and accept the village's recommendation. Thank you so much. You may call your next case.

Thank you.

Case number 6347, property address 1660 South Treasure Drive, owner William Pendergast, in violation of Code Section 105.1 of the Florida Building Code, Work commenced without the required permits. Complete demolition of the property. Inspector on this case, Maria Tova.

Your Honor, happy to report this case was in compliance before the hearing and we were able to reach a settlement for the outstanding fines they have. The property agrees to pay the village a one-time payment of $250, payable within 30 days. If not, the fines will revert back to the original amount and be reported as a lien on the property. Just pending your approval.

Okay. I go ahead. No one's here. Correct? Okay. I'm going to go ahead and accept this settlement agreement in accordance with the religious statements.

Looks like Mr. Frank Richmond made it online.

I apologize. I was on a conference call and it kept on running and all of a sudden I was like, I got to go. I apologize.

No worries, Mr. Richman. We heard your case. I know that you are always on top of it. Mr. Rodriguez explained where we are and we're going to go ahead and continue it for the next month. Okay. Thank you. Continue to be in touch with him.

I absolutely spoke either this, I can't even remember if it was this morning or yesterday. So thank you so very much. Okay, you have a great day.

Case number 08057, property address 7801 Center Bay Drive, owner Amir D. Averman, in violation of Code Section 105.1 of the Florida Building Code. constructed a wall in front of the property without building permits. Let's write down this case, Orlando Rodriguez.

Mr. Clerk, if you could please read the next case too. They're both hers, and it'll be the same update, same property.

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

All right. Good afternoon again, Your Honor. Orlando Rodriguez for the record. This case is also before you for the first time last hearing. August 21st, the property is ordered to obtain their permits to comply. The property... was asked to return today for a status report with no fines running since it was their first time with both the cases. So we have a report from her new contractor, the owner, Ms. Abument, here this afternoon again with the gentleman she has hired. Edgar has made some great progress on their permits. They have submitted for the fence permit needed. So what's going to happen is that both her cases have become intertwined and would be in compliance now with one permit due to the illegal wall that was built. And their temporary fence actually needs to be built on that same property line. So that one temporary fence permit that they're probably a day away from obtaining will suffice for the demolition of that wall and the installation of the fence, which would put them in compliance with both cases. So it seems like that permit will be set for review today, maybe reviewed tomorrow or the following week. And that way the permit will be issued and they'll just have to complete the work from which my understanding after speaking with Mr. Edgar should be done fairly quickly. Our recommendation today is for the property to go ahead and comply with these violations as soon as they can. We'd ask the property begin to approve fines starting today, up to 50 per day, until they reach compliance. And we'd just like to see them again next hearing to get an update. Property owner, Ms. Avima Natalia is here.

Okay, wonderful. Ma'am, please state your name, your relationship to the property for the record, and let me know if you have any objection to the village's recommendation.

Yes, good afternoon. My name is Natalia Aviman, property owner. Yes, I mean, we are on our way, and I wanted to know if it's possible to continue without the daily fines?

Not at this time, but the village will consider mitigation once everything is in compliance.

All right, fine. Thank you, Your Honor. Thank you, Melinda.

Thank you, Ms. Brown. No problem.

Okay, thank you.

Have a good day.

You too. All right, Ms. Clark, next case is 17.

Case number 08068, property address 7520 West Treasure Drive, owner 7520 West Treasure, LLC, in violation of Code Section 105.1 of the Florida Building Code. Worked without the required permits, installed two mowing piles and two electrical jet ski lifts in the rear of the property. Inspector on this case, Orlando Rodriguez.

Yes, and again, Orlando Rodriguez, North Bay Village Code. Your Honor, this is a new case. March 24th of this year, 2025, we received a complaint from a neighbor across the bay indicating that a large barge was in the rear of the property installing mooring piles into the bay. Upon inspection, I did confirm that the barge was on site installing those piles. We did not have any permits on file in the village or Dade County. I did ask the workers at that time to terminate, and they did comply. Also at that time, in the rear of the property, we observed that the Owner had installed two jet ski lifts, which are actually installed on the north side of the property, on the seawall, right on the property line of his neighbor. We confirmed that no permits were on file and that actually those jet ski lifts do not have any setbacks at all. They were installed right on top of the property line of his owner. At that point, we re-inspected. A citation was issued for both violations. I did provide those to the owner of the property, who was the owner at that time, Mr. Silvio. The two illegal piles were actually removed the following day in order to comply with the piles portion of the violation. So that was good. That portion of the violation is closed. The citation was paid a few months later in July. This case was reviewed again in August and we observed that the property was actually sold to a new owner. So the notice will appear and was drafted and sent certified mail to the new ownership and also posted at the property. I did communicate with the previous owner who was cited, Mr. Silvio, and he stated that he is still living at the home until the end of the year, although it was sold to the new gentleman as part of their agreement. So I did advise him that the new owner has an obligation to be here this afternoon. So I don't see anybody online. Our recommendation is for the property to obtain the building permits to legalize or demolish the two jets key lifts. The property, we'd ask that property begins to accrue fines at $250 per day beginning today until compliance is achieved. And we'd just like to see them back for a status report.

Okay. I'm going to go ahead and accept the village's recommendation at this time.

Thank you. And then we just have our last case.

Case number 08070, property address 7520 West Treasure Drive, owner 7520 West Treasure, LLC, in violation of Code Section 105.1 of the Florida Building Code, worked without the required permits, installed an electrical an electric boat lift on the seawall. Inspector on this case, Orlando Rodriguez.

Governor, happy to report this case was in compliance before the hearing, but we just ask for a dismissal.

Okay. Case dismissed. Thank you.

Thank you. And that does it for today's agenda.

Wonderful. Very smooth.

Yes. Thank you very much. Have a great afternoon. Okay.

Thank you, guys. All right. Have a great day.

Thank you, Jose.

Thank you. Bye.

Bye-bye.