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Special magistrate orders Citadel Plaza owner to hire engineer within 30 days after neighbors report stormwater flowing into Northeast Third Court
Summary
After resident complaints and city inspection video, the magistrate denied a continuance and ordered Citadel Plaza LLC to retain an engineer within 30 days and return May 16 with a corrective plan; magistrate did not enter a final finding of violation at this hearing.
Magistrate Smith on the City of North Miami special magistrate docket denied a request to continue the stormwater case against Citadel Plaza LLC and ordered the property owner to retain an engineering consultant within 30 days and return to the magistrate on May 16 with a preliminary corrective plan.
The hearing began with Inspector Jonathan Lemestre of the City of North Miami Neighborhood Services Department presenting evidence and video that, he said, showed the plaza’s stormwater system “is not retaining water on-site as it should” and that “water was spewing from the property ... into Northeast Third Court” during recent rain events. Lemestre told the magistrate the city seeks “an engineering report ... comparing pre-development and post-development conditions based on a 25-year, 3-day storm event” and verification that stormwater is retained on-site.
Neighbors told the magistrate they have complained about flooding since the Citadel project began construction in February 2018. Resident Eileen Bacaba said, “The flooding started when the Citadel broke ground in 02/2018. … We have been through hell since 02/2018,” and asked the magistrate to deny more time to the owner.
Attorney John Lucas, representing Citadel Plaza LLC, asked for additional time to obtain the engineering study, saying the city’s inspector had articulated specific report criteria for the first time at the hearing and that his client needed time to gather records and engage a consultant. The magistrate pushed for a compromise: she declined the requested continuance, but ordered the owner to retain an engineer within 30 days and present preliminary findings and “a concrete plan” at the May 16 hearing. Magistrate Smith said she would not impose fines immediately and that she wanted to hear from the property owner or the engineer at the next appearance. “I am going to hear this case in 30 days,” she said.
The magistrate also said she was inclined to believe that a violation may exist based on the evidence presented but declined to enter a formal finding at this session. She warned that if the owner fails to show good-faith progress by May 16, she would consider fines or other enforcement then.
No daily fines or liens were ordered at today’s hearing; the magistrate set the return date and left the enforcement timeline contingent on whether the owner complies with the engineering and reporting requirement.
What happens next: Citadel Plaza LLC must retain an engineer and present a preliminary engineering report and a corrective methodology to the magistrate by or on May 16. The magistrate said she expects a site visit(s) and a report that addresses the city’s requested drainage calculations and retention verification for the specified storm event.
