Special Magistrate - Regular Meeting

Okay, I am ready to rock and roll when you guys are.

Okay, sounds good. Let me hit record. We're streaming online already.

Recording in progress.

Go ahead and let everyone in. Okay, you're on. It seems to be everybody for now. One more coming in. One more join. Seems to be everybody right now.

Okay. I have someone from my team joining, but I suppose it's not that big a deal. Is there a way for me to send a link?

It's on our website. The agenda with the meeting.

Oh, because you have to type it in there.

Yes.

Annually, right? Okay. But we can get started. I think I'm going to text this over.

Okay. Do you want to mute, Ms. Eichner, so that we can? Okay.

All right.

Here we go. Good afternoon, ladies and gentlemen. My name is Virginia Monestine. I am the special magistrate for this afternoon's hearing for North Bay villages code enforcement hearing. This hearing is conducted pursuant to chapter one 62 of the Florida statutes. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. I will hear testimony from the code enforcement officer first, and then the alleged violator. That testimony will be admitted so long as it is competent and relevant. All witnesses and parties offering testimony must be sworn in. The village will go first, and then 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 are found guilty of the violation, you will be ordered to comply with the code within a certain timeframe. If you do not comply within that timeframe, you may be fined up to $250 per day for the first violation and up to $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 court in Miami-Dade County. You will have 30 days within which to do so. At this time, Madam Clerk, please swear everyone in who will be testifying, and then you may call your first case.

Good afternoon. Everyone who is 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?

Yeah.

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

Good afternoon, Your Honor. For the record, Orlando Rodriguez, North Bay Village Code Director. We're happy to announce that this case was in compliance before the hearing and we've reached a settlement As far as the outstanding fines on the property, the owner will pay the village $950 within the next 30 days. If not, the fine will revert back to the original amount and be reported as a lien on the property, just pending your approval.

Okay. Is anyone here for the property?

No, you're on.

No? All right. Sounds good. I am going to approve according to the village's representations.

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 North Bay Village Code of Ordinances, building maintenance standards in violation. Inspector on this case, Orlando Rodriguez.

Good afternoon again. For the record, Orlando Rodriguez, North Bay Village Code Director. Your Honor, this case was before you last hearing, September 18th, when the property was ordered to comply with the violation. The property at that point had been accruing fines of $250 per day since August 21st, 29 days for a total of $7,250. The fines were ordered to continue and for them to return today, status report. As an update, I mentioned the last hearing on August 12th, they applied for their electrical permit. That permit is still on submitted status. They have not done much to get that permit activated. I did speak with the owner, Jarek, this week, and he indicated that his permit runner is working on those items to get it moving. However, they weren't able to have anything finalized just yet. So our recommendation is for the property to continue to approve fines. and today they've been running for 64 days, total of $16,000. And we'd ask them to return for a status report as needed. I do not see Mr. Jarrett online.

You said you do not?

No.

Okay. All right. Given the villages' representations, I'm going to go ahead and accept that recommendation. Thank you.

Thank you.

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.

Yes, and again, Orlando Rodriguez, Director of North Bay Village Code. Your Honor, this case was also before you last hearing, September 18th. property is ordered to comply with the violations. Fines of $250 per day have been accruing at that point for 120 days, total of $30,000. Fines are ordered to continue and for the property to return. As an update, Mr. Diaz, who's here last hearing and he's here again this afternoon, continues to address practically the comments that have been issued to him from the village. Omar, His engineer, the building official, the building official's assistant and myself did meet at the property a few weeks ago to discuss this case. The building official wanted to discuss with them in person the settlement study that he is requiring for the building to perform. So they were all getting on a test squared away in person and they were able to reach an agreement that the property had to move forward with that based on what the building official is seeing there. So Mr. Diaz, I know, has been working on that item and moving forward as fast as he can. Our recommendation is for the property to comply with this violation. As of today, fines have been running for 155 days, a total of $38,750. We'd ask for the fines to continue and for the property to return as needed. And the property manager, Mr. Omar Diaz, is online again today.

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

Yes, Your Honor, my name is Omar Diaz. I'm the property manager for the Bridgewater Tower Condo. I don't have any objection to what the Code Compliance Officer just said, only to add that I'm in the process of now looking for structural, both structural, we've had a couple of structural engineers, geotechnical engineers come out to the property because it's an additional requirement now from the city, from the chief building official. We now have to, his belief is that there might be some settlement issues and so we have to conduct a foundation settlement study. And that's something that's very particular and I'm working on finding the right the right people to do that type of work. It's not like I can look them up in the yellow pages under that heading. So that's what I'm working on right now, Ms.

Thank you, Your Honor. Okay. Thank you so much for coming, and we'll see you next meeting.

Yes, Your Honor. Thank you.

Thank you, Omar.

Thank you, sir.

Case number 5350. property address 7511 Coquina, owner Mohamed Hossain N.W. Justins, in violation of Code Section 105.1 of the Florida Building Code. Work performed without the required permits through kitchen at the rear of the property, a screened porch, a roof, and an electrical. Inspector on this case, Maria Tovar.

Good afternoon, Maria Tovar, Code Officers. This property came before you on September 18, 2025. It was found to be in violation, and 30 days was given to obtain the necessary permit to comply with the violation. The property has been accumulated fines of $250 per day since June 26, 2025, for 120 days for a total of $30,000. Since then, they have submitted a separate permit to comply with the violation. For the records permit number BLDR-000441-2025, BLDR-000440-2025, BLMR-000439, and ELER-2000437, 2025. All these permits are still pending. They've been waiting since October 6, 2025, waiting for the contractor to submit the comment that the building inspector made in order to finish the process of reviewing. It is our recommendation to attend the necessary permit to comply with the violations of the fine to continue accumulating and to come back at the next meeting if needed.

Okay. Is anyone here for the property?

Yes, I'm Mike Latham. I'm acting as the architect and the contractor for this. I'm just giving a periodic update. As Ms. Togar said, the permits are applied for. There were numerous comments on all the disciplines, structural, civil, and MEP. And so those are being addressed at this time within a reasonable professional timeframe.

Okay. Fair enough. I'm going to go ahead and accept the village's recommendation, and I will see you back here next week, next meeting.

Thank you. I'll report with reasonable regularity on this. That's great. Thank you so much.

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

Good afternoon again, Your Honor. Orlando Rodriguez, North Bay Village Code Director. This case was also before your last hearing, September 18th. The property was ordered to obtain the permit as soon as they could. At that point, fines of $250 per day have been accruing. For 85 days, total $21,250. Fines were ordered to continue and for the property to return today as needed. Last hearing, we had the contractor here, Mr. Denny's. He was representing the owner and he indicated that he would be submitting the permits in a timely manner. He had an issue with the electrical drawing, so he was working on that. I did spoke to him this week. I don't see him here this afternoon. He said he wouldn't be here. However, he says that he's been working on those plans still and that the owner had some delay due to a family emergency. Either way, our recommendations for the property to comply as soon as they can with these permits, fines, as of today, have been running for 120 days for $30,000. We'd ask for the fines to continue and for them to return next year.

Okay. Well, hearing the village's testimony and seeing that no one is here, I'm going to go ahead and accept the village's recommendation. Thank you.

Case number 221201, property address 7904 West Drive, Owner Bay Shore Yash and Tennis Club Condo. In violation of Code Section 151.20A of the North Bay Village Code of Ordinances, failure to obtain recertification of building bank opponents. Inspector on this case, Orlando Rodriguez.

Good afternoon again, Orlando Rodriguez. Your honor, this case is also before you. Last hearing, September 18, the property was ordered to obtain their building certification. Fines at that point, $250 per day, had been running for 910 days. total of $227,500, fines ordered to continue and for them to return today. We reported last hearing that the building did obtain their structural repair permit. As of now, the property has began or has installed the string straps on the roof in order to begin the process of having the scaffoldings go up and down and start chipping at the exterior. The property believes that that shipping should start next week. I believe this week the engineers were there kind of making the marks on the outside of the building and assessing where the areas that need to be addressed. So they're moving along with that. Structural repairs are recommendations for the property to comply as soon as they can. As of today, fines have been running for 946 days, total $236,500. We'd ask for the fines to continue for the property to return as needed. Last hearing, the property manager was here. Ms. Maumaeso is back on behalf of the building. She is on the board. I can't remember if you are the president or vice president of the board.

Okay. Ma'am, go ahead and state your name, your relationship to the property, and then let me know whether you have any objections to the religious recommendation.

Good afternoon, your honor. My name is Mona. Last name is Isa. I'm the vice president of Bayshore Yacht and Tennis Club. And thank you, Mr. Orlando. It is very, all the information that he has shared with you is accurate. And today, actually, the engineer was out doing the markings and we are ready to commence the work next week. All the mobilization has already taken place.

Okay, great. Looking forward to further updates. Thank you so much for coming.

Thank you.

Thank you, Maura.

Thank you.

For the next piece, can you please read? If it's okay with you, Drawner 7 through 10, it's all the same property owner. Sure. Same update. Okay. Okay.

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. Inspector on this case, Orlando Rodriguez. Case number 08063. Property address 1790 79th Street Causeway. Owner, North Bay White House Association No. 2, 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, Maria Sovar. Case number 08066. Property address 1790, I mean, I'm sorry, 1780 79th Street Causeway. Owner, North Bay White House Association No. 3, Inc. In violation of Code Section 105 of the Florida Building Code. Work performed without the prior premise. Installed hydraulic power unit and a new electrical controller for the elevator. And case number 08062. Property address 1879th Street Causeway. owner, 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 premise, installed hydraulic power unit, and a new electrical controller for the elevator. Inspector on this case, Maria Tolbert.

Good afternoon again, Your Honor. Orlando Rodriguez for the record. Your Honor, all these cases were before you last hearing as well, September 18th. The properties are ordered to get the permits to comply with the violation as soon as they can. The properties have been running fines for 29 days at that point, $250 per day, total of $7,250. They were ordered to continue for them to return for this hearing. Search of our records indicate they have not submitted any permit applications yet. They have not sent any emails or anything to the building department. We don't have any other updates on this case. Last hearing, the elevator company and the property president was here, but I don't see anybody here this afternoon. Our recommendation is for them to comply as soon as they can. Property as of today had been running fines for 64 days, total $16,000. We just ask for the fines to continue for them to return as needed. I don't see anybody online.

Okay. Based on the villagers' presentation, I'm going to go ahead and accept the 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 Ordinances, they live to attain recertification of building and components. Inspector on this case, Orlando Rodriguez.

Yeah, soon again. Y'all know this case was before you last hearing, September 18th. Property is ordered to obtain their building certification. Daily fines at that point, $250 per day had been running for 1,415 days. Total $353,750 fines are ordered to continue and for the property to return today. We continue waiting for the property to submit their final report. As of the latest, I hear from the property manager and the treasurer, Mr. Augustine, who's online today and the property manager's online and that they need to review the electrical portion now of the certification again um it seems like their electrician has uh some doubts on some items that may have been done in their scope of work that may not be done so they have to go back and go to each uh fixture and see and make sure everything lines up according to plan so that's what they're working on now our recommendation is for the files to continue until compliance is achieved. As of today, they've been running for 1,448 days, total of $362,000. And we need the property to come back. Just give us an update. We have Mr. Augustine and the property manager online today.

Hi, good afternoon. Thank you for having us.

Absolutely. Let me know if you have any objection. No, no, no.

We accept the stated recommendation. Thank you.

Okay. Thank you so much for being here. See you next time.

Thank you.

Thank you.

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 premise, installed underground fiberglass pool and a wood fence. Inspector on this case, Maria Tovar.

Good afternoon, Maria Tovar, court officer. This property also came before you on September 18, 2025, and it was ordered to obtain the necessary agreement to comply with this violation. The property has been accumulated fines of $250 per day since August 15, 2024, for 435 days for a total of $108,750. Last time we were here, The building official recommended obtaining the permit to completely remove the underground fiberglass pool, including plumbing, electrical, piping, and any component on the electrical that was done for the pool, and refilling the pool with the same material or similar type that it was before. All this permit needed to complete TO REMOVE THE POOL HAS BEEN SUBMITTED AND THEY'RE JUST WAITING FOR APPROVAL IN ORDER TO BE ABLE TO COMPLETELY REMOVE IT. WE ARE RECOMMENDING TO TO FIND TO CONTINUE ACCUMULATING AND TO COME BACK IF IT'S NEEDED.

OKAY. AND IS ANYONE HERE FOR THE PROPERTY?

No, the owner stated that he was not going to be able to be here today.

No worries. All right. Given the villagers' presentation, I'm going to accept the recommendation. Thank you.

Thank you.

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

Good afternoon again, Your Honor. Orlando Rodriguez, Norway Village Code Director. This case was also before you last hearing, September 18th. Property was ordered to obtain their certification as soon as they could. Fines of $250 per day have been running at that point for 1,190 days. Total $297,500. Fines are ordered to continue and for the property to return today. For status report, excuse me, I spoke with Onestis, the contractor for this property, and he stated that the building restoration permit was being reviewed by the county at the moment. and that the parking garage permit, that they were looking for bids for someone to take care of that and start applying for those permits, it seems. Our recommendation is for the fines to continue, for the property to comply as soon as they can. As of today, fines have been running for 1,223 days, a total of $305,750. We'd ask for the fines to continue and for the property to return for a status report. We have Mr. Richmond online again.

Okay. Good afternoon, Mr. Richmond. You know the drill. Any objection to the village's recommendation? Is he there?

Yes, you are. He's muted. I'm sorry. I didn't realize I was muted. Orlando, I believe we have the permit for the parking garage. That was my understanding when I saw Leilani last week. Am I mistaken?

Yeah, I heard something different, but you can certainly give her a call or stop by when you're in the building.

Okay. Okay.

Okay. Well, we will see you back here next month.

Do you know when the meeting is next month? Because I'm going to be out of town.

I'll let you know offline.

Okay. Thank you. Have a wonderful, happy Halloween. Enjoy. Be safe.

Thank you. Same to you, Frank. Thank you.

Case number 2503417. PROPERTY ADJUST 150879 STREET CAUSEWAY. OWNER HAS REALTY LLC. IN VIOLATION OF CODE SECTION 8.17J AND 1 OF THE NORTH BASE VILLAGE CODE OF WARNESSES. BUILDING MAINTENANCE AND STANDARDS VIOLATION. AND SPECTRUM THIS CASE, MARIA TOVA.

GOOD AFTERNOON, MARIA TOVA, OUR CODE OFFICES. THIS IS THE NEW CASE. ON MARCH 2025, This gas station was hit by a car. The car ran into a corner of the building, hitting the column that made the building unsafe. It was declared unsafe and closed down by the building department. The building officials allowed them to temporarily fix and make a building safe by reinforcing the columns and securing the area. so they can be open for business while they were working on getting the permit to repair the building. So today, no repair has been made. The building is still in the same condition, and no permit application has been submitted. So we are recommending to obtain the necessary permit to repair the building for the fine to begin accumulating today $250 until they come to comply. Okay. Is anyone here? Anybody here for 1508 Canyon Crossway?

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

Case number 08057, property address 7801 Center Bay Drive, owner Amel D. Aviman, 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.

Good afternoon again, Your Honor. Orlando Rodriguez, North Bay Village, Co-Director. This case was also before you. Last hearing, September 18th, the property was ordered to obtain the permits to comply with the violation. Now the property will begin to approve fines of $250 per day until compliance is achieved and the property is ordered to return today. After speaking with the contractor for the property, Mr. Edgar, he indicated that he's going a different route when it comes to this wall legalization. he is going to legalize it because he, in the case of the wall, would assist him in retaining the soil during construction. So he is currently working on revising those permits to go that route for compliance on this issue. Our recommendation is for the property to comply as soon as they can. As of today, fines have been running for 34 days, a total of $8,500. We'd ask for the fines to continue to further property return as needed. Last hearing the older was here. Yes, I'll be good. I believe she's here again. It's afternoon

Okay, ma'am, go ahead and state your name and your relationship to the property for the record.

Yes, it's Natalia Aviman and owner of the property. Good afternoon, Your Honor. Good afternoon, Orlando. How are you?

Do you have any objection to the village's recommendation?

Well, yes, I have. Well, it's kind of like we're in a bind in a sense because we did change of engineer form. We submitted it to the city. The city has to approve it. Then the engineer has to do the plans. We'll take them about a week. And then, you know, the plans have to be submitted back to the city. The revised plans have to be submitted back to the city. So now we're in a bind because, you know, if we really need this wall, this is what my contractor is saying, because this is why we made him part of the revised plans. He did remove the columns that were supporting the wall, but he did leave the wall. So the question here is if we're going to continue with the daily fines, he said it will take us probably 30 maximum 60 days to get this all done the right way with the revised plans and pass inspection and everything but if we're going to continue to find to run the fines for another 60 days that's a lot of money so then we might just need to just demolish the wall i i i really don't know what to do in this case because to demolish the wall and then build it again It's also costly. So I wanted to know if you guys can give us a break on the fines for like 30, 60 days. If that's not an option, then we'll need to just demolish this wall and then build a new one again once the plans are approved. So that's what I wanted to know.

Yeah. So in terms of whether you should demolish or not, these are conversations I would recommend that you have with the building official as well as with the code enforcement officer. So you can come up with something that makes sense for your project.

Okay.

But at this juncture, I'm not able to waive or stop the fees or anything like that. You can't do that. Okay.

Okay. Okay. So fine. I will, I will, I guess we'll have to figure out what's, what's the best option here is to save, to save the costs. Correct.

And the village will work with you. You can.

Yes, I know. I know. I know. They're very, very kind and understanding all of you. Thank you so much. Okay. Thank you. Thank you. Thank you. Bye. Have a nice day. Bye.

Thank you. Case number 08090, property address 7801, Center Bay Drive. Owner, Amand D. Averman, in violation of Code Section 104.1F of the North Bay Village Code of Honestness, constructed barriers, fences shall be built and maintained in good repair in accordance with the code. Inspector on this case, Orlando Rodriguez.

Good afternoon again, Your Honor. This case was actually from Ms. Aviman, who just went offline. She came to an agreement with us before the hearing. They were able to comply with this portion of the case before the hearing, so she agreed to pay the city $700. mitigation in order to satisfy the outstanding fines payable within 30 days if not it will revert back to the original amount and be reported as a lien on the property is pending or proven okay I so approve thank you thank you case number 08068 property address 7520 West Treasure Drive owner 7520 West Treasure Drive

LLC, in violation of Code Section 105.1 of the Florida Building Code, work without the required permits, install two mooring piles and two electrical jet ski lifts in the rear of the property. Inspector on this case, Orlando Rodriguez.

Good afternoon again, Orlando Rodriguez. For the record, this case was also before you last hearing, September 18th. Property was ordered to obtain the building permits to comply. If not, they would begin to start running fines that day, which they did. um they were ordered to return from status report we have not received any permit application for this property yet um i did communicate with the owner mr silvio and he indicated that he's going to be submitting those permits to actually eliminate one jet speed lift and then move the other one to the other side of the property however you know with the proper permits uh so that's pending our recommendation that's been if today's fine has been running for 34 days, total of $8,500, then we'd like to schedule them back for an update next year. I don't see Mr. Silvio online today.

No? Okay. All right. I'm going to go ahead and accept your recommendation.

Thank you.

Case number 250743. Property address... 7410 Beachview Drive. Owner live is sold 7410 LLC. In violation of code section 94.02D and three of the North Bay Village Code of Ordinances, their vehicles are prohibited on the property. And also in violation of Code Section 94.021C and 1 of the North Bay Village Code of Ordinances. Open air storage and residential area. In violation of Code Section 8.16J of the North Bay Village Code of Ordinances. Building maintenance violation. Roof soft lift needs repair. Inspector on this case, Orlando Rodriguez.

Good afternoon, Your Honor. Orlando Rodriguez, for the record, North Bay Village Code Director. Your Honor, this is the new case. On July 31st of this year, 2025, during routine patrol, I observed the property reference that had several issues. First thing we noticed was a derelict white work van that's parked on the south side of the property with flat tires and on a car jack. It's been sitting there for several months. The property also has various areas of the soffit with hanging pieces of wood, and they have holes that are exposed. Additionally, there are some junk and other items being stored along the south and north side of the entrance of the home. A warning notice was issued at that time, giving the property a month to take care of these items. I did run into the owner of the property, Mr. Garland, in August, and he stated that he was working on resolving those issues, that he had a bunch of things going on, but he would be able to take care of those as soon as he could. I checked on the property again this week. It stands in the same condition. state as it was back in July. We proceeded to issue the notice to appear for today's hearing. It was posted and sent certified mail. The recommendation is for the property to comply with these items as soon as they can. We'd ask for fines of $250 per day that commence today until the property's in compliance, and we'll have them return next month, November, as needed. I think Mr. Garland is online.

Okay, sir, please state your name, your relationship to the property. And let me know whether you have any objection to the villagers recommendation.

After your honor, Garland shields owner of the property.

Good afternoon. Do you have any objection to the villages recommendation?

Yes, absolutely. We fixed the problem. We're actually resolving the problem as we speak.

Okay. Is it resolved or are you resolving it?

Yes. I'm trying to figure out how to turn the camera around on this thing.

So that's not going to be evidence. So what I need to know is do you have a closed permit? Has the village said you're all good to go? Your permit's closed?

No, it wasn't a permit issue. Orlando saw some things that was outside the house. We removed them. The soffit had a little hole. We're fixing that as we speak right now, and that was it. The van has its tires. The tires are on the van as we speak, and the van is mobile. It is registered, and I can drive the van, so that's not an issue.

Yes, Your Honor. In this case, it wasn't permit issues per se. It was more like just kind of maintenance issues with the derelict vehicle. I'm glad he's getting it done. As of yesterday afternoon, Tuesday afternoon when I drove by, it remained the same. If he was able to make some advances in the last 24 hours, that'd be great. I'd be happy to go by and see what he's done. This is his first time here for this case.

Yeah, okay. So here's what I'm going to do, sir. I'm not going to issue any fines. Please reach out to Mr. Rodriguez ASAP so he can close it so we don't have to be here next month.

No problem. Okay. Thank you very much. Appreciate it. Thank you. Orlando, when you come, we'll take a spin around the block in the van. Thank you. All right. Okay. Thank you.

All right. Next.

Cases number 08607 and 08606. Property address 7536 Bonney Avenue. In violation of Code Sections 110102. I'm sorry, 110.06 of the North Bay Village Code of Ordinances, operating a business without a business tax receipt from North Bay Village, and Section 13.3B and C of the North Bay Village Code of Ordinances, advertising and operating as a short-term rental without a license. Inspect on this case, Maria Tovar.

Good afternoon, Maria Tovar, Court Officers. This property came into compliance before the hearing. Please dismiss.

Case dismissed. My favorite kind of cases. Thank you.

Case number 08074. Property address 1819 through 1855 79th Street Causeway. Owner 1819 MBV owner LLC. In violation of code section 105.1 of the Florida Building Code. A new canopy roof was installed over the rear deck of the restaurant without building permits. Inspector on this case, Orlando Rodriguez.

Good afternoon, Your Honor. For the record, Orlando Rodriguez, North Bay Village Co-Director. And this is a new case. On October 1st, 2024, the property applied for a new awning property. permit at the village. However, that awning was pre-existing, was built already, so they were requesting the permit kind of act to the fact. However, the permit application did pass the building and structural review. However, it was denied by the zoning department due to a Durham review that was needed. Department of Environmental Resource Management says this canopy is over the water. On March 5th, 2025, a Durham inspector, Mr. Ken Cathy, became aware of this over the water canopy, and he did visit the property and took a bunch of photos, met with the folks there, and he documented that that canopy was approximately 2,600 square feet. Since it was installed without a permit and that Durham approval, he did issue a $1,000 fine at that time. And that was done on March 12th, a couple of weeks later. Subsequently, Mr. Cathy did email my department to make us aware of the violation of the canopy in case that, you know, the village wants to take our own enforcement action, which we ended up doing. We gave the property an extra two months without us stepping in and issuing a fine. However, on May 7th, 2025, our village, my department did issue a $250 $50 fine for that canopy not having a permit on June 3rd of this year as well Department of Environmental Resource Management Durham did issued the property a affidavit of non-compliance Since they saw that the permit was still existing and didn't have permits yet They assessed an additional fine of $20,000 I reviewed this case again in September. I noticed that it was still pending. We were out of compliance, so we did schedule it for today. The property is doing what they can to get this permit. As of right now, the inspector from Durham, Mr. Cathy, indicates that likely for this kind of structure to be approved, they would need a variance approved by the Commission of Miami-Dade County, as well as, and that is due because since the canopy extends over into the ocean farther than what the code allows at the moment, it would need that variance. I spoke with the owner who's online this afternoon, indicates that she's moving forward with everything she can do to comply with this. She's having quite a bit of a hiccup, as she mentioned to me today, with getting her name officially placed on the submerged land property title. Apparently that's quite a chore, so she's been working on that with her consultant. So hopefully they can get that approval so they can start moving forward with either legalizing or demolishing this structure. Our recommendation at this point is for the property to begin accruing fines of $250 per day starting today until compliance is achieved. And we'd just like to see them back next hearing for an update. And as I mentioned, Ms. Ali's here this afternoon representing the property.

Okay, ma'am, please state your name, your relationship to the property, and let me know whether you have any objection to the religious recommendation.

Ali or Alexandra is my legal name. So Alexandra Eichner. I'm the property owner. I would request maybe... What Orlando detailed is accurate in that in order for us to obtain these approvals, it's getting them from four government agencies, which is a known lengthy process that takes time. in excess of 12 months. And so while I appreciate that, you know, the structure is structurally sound, it was signed off and it is not a life safety threat in any way. And The reality is that it will simply take longer. We're doing everything we can to start accruing fines before we've even had what a consultant would deem an appropriate amount of time to be in compliance. feels very difficult for a small business to take on. We acquired the property in June of 24, and we still don't even have, at state level, the transfer of the submerged land lease. It is active. But we don't even have that yet, despite having a weekly pushing, pushing, pushing to make that happen. So I guess my request is that because of the known complexity of having to get the four different agencies and also in consideration of the fact that it's not a threat in any way, that we have an appropriate amount of time before we start accruing fines.

I'm going to go ahead and let Mr. Rodriguez respond to your request and let me know what his thoughts are.

I'm not opposed to holding all form fines for now, as we've done for first-time cases. This is Ms. Eichner's first time here, so we wouldn't be opposed to granting them whatever you see fit, 30, 60 days.

All right. I'm going to grant you. And is it indeed not a life safety issue?

I can confirm, but I'll let Orlando confirm. I can't say that per se.

Um, they did, we don't have, you know, I can't say that I'm not the building official. However, they did submit a permit and on that permit is supposed to show the structure as it stands and what they submitted on paper, uh, was approved as structurally sound. However, nobody says the permit was never issued. Nobody technically went out to see if what they submitted on paper matches what's in person. However, if it does, it did pass structural inspection.

Okay.

As far as review, not inspection, review on paper.

Yep. Got it. I understand. All right. So given the city's representations, I'm going to allow you 30 days with no fines to And hopefully when you come back, you'll have some more information and the village will have some more definitive information regarding moving forward. Okay.

Might we be able to push it to 60 days? And at that point I can bring my Marine consultant to the meeting and he can provide like a more definitive, I mean, a definitive, a better update or a clearer update or, you know, this is like the most complicated thing that I've ever... Hey guys, it's Sean Vardy.

Can you all hear me?

I think... Who are you? Yeah, who are you, Sean?

Sorry, sorry. I work with Allie and I think, you know, one of the things, the reason for the request for the extra time is As Ali mentioned, it's a coordination of four different department agencies that are on a state level, as you can imagine. And getting them, we do have weekly meetings with them, and they understand the importance and the significance of what we're up against here with respect to local code. They gave us a timeline that requested, you know, they think that they would have something a little bit more definitive in the timeframe that Ali's requesting. That's all.

Understood, so my primary concern is what Mr. Rodriguez testified to, that it was submitted, but there was no physical inspection. So I understand your position, I understand what you are presenting, but I'm more comfortable with 30 days. And listen, I will remember this case, this issue. And if you come back to me in 30 days and let me know that there are no life safety issues, I definitely understand anytime DERM is involved at six months. Thank you. Okay.

Thank you.

Well, can I actually, to that point, may I ask a question? I mean, I understand. Can we call like a courtesy inspection for the life safety part of this?

Well, yeah, within 30 days, you, there's going to be activity and Orlando's going to be able to tell me what's happening. So, so let's, let's just, let's keep it that way. And if we need more time than we get, you know, we, we address it at that, at that juncture.

Of course. But, you know, in order for us to go through the building department, you know, the way that it works, unless, you know, there's another way to navigate this, which I'm sure there is, um, Unless we actually get a permit approved, we can't call for an inspection. But if it's possible to call a courtesy inspection, which by no means- Well, that's not before me today. Oh my God, understood. Sorry, I just don't know the nuances. I apologize. I'm just going to help answer the problem.

Mr. Vardy, you could certainly meet with the building official.

here he's very reasonable and he can guide you on that whether they could do that or perhaps you could submit a letter you know sealed by an engineer saying that it's safe however he'll guide you for it but we're here to work with you we do have that letter by the way signed and sealed and submitted that was submitted as part of the application to Durham actually so we have that signed which was accepted by Durham as part of our process

Perfect.

Okay.

Thank you, everyone.

Thank you.

Okay, so we'll see you next month. Great. We're just going to read off these final three cases, Your Honor. They're all in compliance before the hearing. Sure. These are the final three.

Is there anyone here whose case has not been called? I'd rather have folks... Get out of here.

No.

These last three cases were actually for the same property we just spoke with. They just have complied with these items before the hearing. And they just have this canopy left to deal with.

Case number 08075, property address 1819 through 1855, 79th Street, Causeway. owner, 1819 NBV owner, LLC, in violation of Code Section 105.1 of the Florida Building Code, parking lot alterations commenced without the required permits, concrete ramp, and eliminated parking spaces. Inspector on this case, Orlando Rodriguez. Case number 08076. Property address 1819 through 1855, 79th Street, Palsway. Owner, 1819 MBV owner, LLC. In violation of Code Section 105.1 of the Florida Building Code, install a fixed floating dock to the existing dock in the rear of the property without permits. Inspector on this case, Orlando Rodriguez. Case number 08077. Property address 1819-1855, 79th Street Causeway. Owner, 1819 MBV owner, LLC. In violation of Code Section 105.1 of the North Bay Village Code of Ordinances. Operating a business without a business tax receipt from the North Bay Village. Inspector on this case, Orlando Rodriguez.

And for your record, Your Honor, those last two cases were in compliance before the year.

Okay. Thank you.

All right. That is it for our agenda. Thank you very much.

Wonderful. Thank you so much.

Thank you, Mr. Rangel. Thank you. See you next month.