Miami Code Enforcement Board finds multiple properties in violation; repeat short‑term rental faces retroactive per‑diem and irreparable‑harm fines

The City of Miami Code Enforcement Board met Feb. 3 and adjudicated a long docket of property code cases, finding multiple property owners guilty of violations and setting deadlines and fines to secure compliance.

The board’s most heavily debated matter involved 1951 Southwest 12th Avenue, a single‑family property that the city presented as a repeat short‑term rental. After the city introduced online listings, photographs and prior case history, the board voted to find the owner guilty. The board ordered immediate compliance and assessed an irreparable‑harm fine plus retroactive per‑diem fines going back to the city’s cited date. The specific dollar amounts were stated on the record by the city and the chair during the hearing; the transcript records those figures inconsistently but shows the board ordered an irreparable‑harm assessment and retroactive per‑diem fines to Feb. 3, 2025, and the motion carried.

The meeting also included a string of other findings and deadlines. Among the cases decided:

- 21 Southwest 50 Ninth Court (Case No. 110233): Respondent Fernando Morales pleaded guilty to performing work without finalized permits for windows and doors. The board found him guilty, ordered 90 days to obtain permits or compliance, and set a $250 per‑day penalty to begin after the compliance period.

- 1700 Southwest Ninth Street (Case No. 114117): The matter was heard in absentia. The board found the property in violation for failure to maintain the lot and set immediate compliance with a $250 per‑day penalty thereafter.

- 2150 Southwest 13th Avenue (Case No. 76416): The owner (represented by counsel) pled guilty as to fence and deck work performed without finalized permits. The board granted 120 days to finalize permits and set a $250 per‑day penalty after that date.

- 6420 Southwest Second Street (Case No. 108430): Owner Roger Garcia pled guilty to failure to register and related exterior and parking violations. The board gave 90 days to complete registration and related corrections and set a $250 per‑day penalty thereafter.

- 6790 West Flagler Street (Case No. 119645): The owner pled guilty; the board set 120 days for a change‑of‑use / certificate of use process and $250 per‑day thereafter.

- Multiple residential property maintenance and unsafe‑structure matters: The board routinely granted periods for permit processing (typically 60–180 days depending on complexity and whether the owner lives at the property) and set per‑diem penalties that reflected the statutory maxima for residential properties (commonly $250 per day; in a small number of cases the board set $150 per day where the member explained homestead or other mitigating factors).

The board emphasized the need for property owners to request extensions before a compliance period expires to avoid liens. Inspectors repeatedly told respondents that evidence packages (composite Exhibit A) were mailed and posted and that inspectors were available to take permit or extension requests. Several respondents said they had started permit processes or hired architects/contractors and the board frequently conditioned additional time on demonstrable progress in iBuild or other permit systems.

Why it matters: Code enforcement decisions can result in liens, per‑diem fines that accrue daily, and—where the board finds repeated violations—irreparable‑harm assessments that are intended to reflect the gravity of repeat commercial use of residential property. The board’s action on the short‑term rental case underscores an elevated enforcement posture where repeated, neighborhood‑impacting rental activity and prior findings are present.

Votes at a glance (select cases from the Feb. 3 docket): - Case 110233 — 21 SW 50 Ninth Ct: Guilty; 90 days; $250/day after (motion carried). - Case 119340 — 1951 SW 12th Ave: Guilty; immediate compliance; board ordered an irreparable‑harm assessment and retroactive per‑diem fines to Feb. 3, 2025 (amounts stated on record). Motion carried. - Case 114117 — 1700 SW 9th St (absent): Guilty; immediate compliance; $250/day after. Motion carried. - Case 76416 — 2150 SW 13th Ave: Guilty; 120 days; $250/day after. Motion carried. - Case 108430 — 6420 SW 2nd St: Guilty; 90 days; $250/day after. Motion carried. - Case 119645 — 6790 W. Flagler St: Guilty; 120 days; $250/day after. Motion carried. - Case 70912 — 1206 SW 12th St: Guilty (owner recused board member); 90 days; $150/day after (motion carried). - Case 101879 — 2490 NW 30th St (multiple unit/CU matter): Guilty; 60–90 day periods were set in similar CU/BTR matters on the docket; respondents were instructed to pursue city registration and permits.

What the board and staff said: Inspectors presented “composite Exhibit A” files in each case, attesting to certified mailings and property postings, photos and prior records when applicable. Inspectors and the board repeatedly advised respondents that requesting permit extensions before expiration is critical to avoiding per‑diem lien accruals.

Next steps and follow‑ups: Cases with time to comply were continued administratively: respondents were told to secure permits, registries and, if needed, request extensions before the compliance deadline. The short‑term rental case will be reflected in the city’s enforcement records and any unpaid per‑diems or liens will be processed according to city procedures.

The board adjourned after completing the docket.