Miami code-enforcement magistrate grants extensions and issues deadlines, fines for multiple properties

Richard Gendler, special magistrate for the City of Miami, presided over a series of code-enforcement hearings in which multiple property owners either were granted extensions to cure violations or were adjudicated guilty and ordered to correct violations by set deadlines or face daily fines.

The hearing addressed individual property cases including requests for more time to obtain permits or complete repairs, and several absentia adjudications. Magistrate Gendler opened the session by explaining the hearing process and the city—s enforcement authority under Florida statute and the City of Miami code. He reminded respondents that orders may be appealed to the Eleventh Judicial Circuit Court of Florida within 30 days.

Votes at a glance

- Case 93664 (page 29), 1405 Northwest 20 First Terrace: Extension of time granted, 90 days to comply. Outcome: approved.

- Case 56458 (page 49), 853 Northwest Third Street: Extension of time granted, 120 days to comply. Outcome: approved.

- Case 100901 (page 33), 3899 Bird Road: Extension of time granted, 90 days to comply. Outcome: approved. (Attorney Mickey Marrero said the site was being processed with city staff and expected to finalize licensing.)

- Case 25246 (page 36), 1797 Northwest 20 First Terrace: Extension of time granted, 120 days to comply. Outcome: approved.

- Case 106004 (page 39), 1501 Northwest 20 Third Street: Extension of time granted, 90 days to comply. Outcome: approved.

- Case 94675 (page 67), 1013 Northwest 20 Fifth Avenue: Extension requested; city initially recommended 120 days and the magistrate granted 120 days. Outcome: approved.

- Case 112147 (page 12), 777 Northwest 40 First Street: Respondent entered a guilty plea to a fencing/permit violation; magistrate found the violation exists and ordered correction within 120 days. If not corrected, a per-diem fine of $150 per day will begin. Outcome: adjudicated; compliance ordered.

- Case 105138 (page 15), 6441 Northeast First Place: Extension of time granted, 120 days to finish remaining corrections. Outcome: approved.

- Case 6430 Magic City LLC (page ~2056, owner represented by Igor Van Beytan): The respondent initially pleaded not guilty but the magistrate adjudicated after city evidence; respondent was given 45 days to bring the lot into compliance; if not corrected, fines of $250 per day will accrue. Outcome: adjudicated; 45-day compliance deadline.

- Case 44338 / Milagros Cabrera matter (page 7): Respondent pleaded guilty to work without permit/driveway issues; magistrate found the violation exists and ordered 120 days for compliance; $150 per day thereafter if not corrected. Outcome: adjudicated; compliance ordered.

- Case 44814 (page 5), 2702 Northwest 20 Third Avenue (Manuel de Jesus Ramos): Respondent pleaded guilty to work without permits and illegal unit(s); magistrate found the violation and ordered the property brought into compliance within 180 days. If not corrected, the per-diem fine is $150 per day. Outcome: adjudicated; 180-day compliance deadline.

- Case 88063 (page 53), 7500 Northeast Third Place (CNC Casalinda, LLC / Victoria Diaz): Respondent reported major work done and asked for time to complete remaining items; magistrate granted 120 days. Outcome: extension granted.

- Absentia case (page 3), Case No. 00044342 (listed on the calendar): Magistrate entered a finding that violations exist and ordered correction within 30 days; $250 per day if not corrected. Outcome: adjudicated in absentia; 30-day compliance deadline.

- Case (page 18), 6345 Northeast First Avenue: Violations for failing to maintain a vacant lot and parking on unimproved surfaces were proven in absentia; magistrate ordered correction within 3 days; $500 per day if not corrected. Outcome: adjudicated in absentia; 3-day compliance deadline.

What the magistrate and city staff emphasized

Magistrate Gendler repeatedly reminded respondents of basic procedural points: evidence is limited to matters directly relating to the cited violations; per-diem liens may be imposed and, if a deadline is missed, the ordered per-diem fine will run against the property; and any extension must be requested before an approved period expires. He told one respondent, "If the violation is not corrected by that date, per diem lien will be determined by me and imposed." (Richard Gendler, Special Magistrate.)

City inspectors and assistant city counsel presented photographic evidence, mailing affidavits and permit searches to support the city—s case in multiple matters. Inspector Trautman and other enforcement staff identified parked or inoperable vehicles on lots, illegal unit conversions, work without permits and unpermitted accessory structures as the basis for several cases.

Neighborhood impacts and neighbor remarks

In at least one case (777 Northwest 40 First Street), an adjacent property owner, Ernesto Hernandez, spoke at the hearing and said he had offered to pay to rebuild a fence so the dispute could be resolved quickly. "I've offered to pay for the entire thing. No money out of pocket for them," Hernandez said. The magistrate noted owners are not required to accept a neighbor's offer, but encouraged cooperation to speed compliance.

Next steps and appeals

For cases in which the magistrate found violations, the orders specify the date by which the property must be brought into compliance; if compliance is not achieved, the stated daily fines will begin accruing. Owners who believe they were incorrectly adjudicated may appeal to the Eleventh Judicial Circuit Court of Florida within 30 days of the order, as the magistrate noted at the start of the session.

Magistrate Gendler and city staff also reminded respondents that extensions must be requested before an approved time period expires and that documentation of progress and communications with city staff will help if a further extension or mitigation is later requested. The hearing concluded after the calendar was completed and the magistrate adjourned the session.

Ending

Owners granted extensions were told to maintain contact with their assigned city inspector and use the city's online extension request system if additional time becomes necessary. Cases with short deadlines or high daily fines may trigger further city follow-up if owners do not show documented progress.