Magistrate orders 595 NE 129th St boarded and fenced within five business days

Special Magistrate Rafael Suarez Rivas found that the property at 595 Northeast 129th Street is vacant, unsecured and unsafe and ordered immediate steps to protect the community.

Shani Preci of the building department testified that the site has an expired permit, open windows and unprotected stairways that allow public access. Building inspector Charles Evers told the panel, “I wouldn't buy the site today,” and described exposed openings and back stairs that create hazards during hurricane season. The city submitted photographs and a notice of violation showing the structure open to entry.

Attorney Jason Ross, speaking for the buyers under contract, said his client intends to purchase and renovate the property and is negotiating a mitigation agreement with city staff and the city attorney. Owner Frank Balesti said he “will be boarding up the place and putting a fence around it as soon as we leave here.”

Relying on the officers' testimony and photographic evidence, Magistrate Suarez entered an order finding a violation of City Code §5-31. The magistrate ordered the property boarded and fenced immediately, and in any event within five business days, and required that a building-permit application be initiated within 30 days. He warned that if the boarding/fence is not completed within five business days there will be a $500 per-day fine starting on the 6th day and an additional $500 per day if the permit is not active within 30 days.

The order allows the Unsafe Structures Board to consider the property unsafe if the conditions are not corrected, and the city reserves costs and administrative fees as provided in law.