Miami Code Enforcement Special Magistrate Hearing - March 2, 2026
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Miami Code Enforcement Special Magistrate Hearing - March 2, 2026
A special magistrate hearing was held on March 2, 2026, to address code enforcement violations, time extension requests, and initial adjudications for properties in Miami, Florida. The magistrate presided over numerous cases, granting extensions and entering findings of guilt. A procedural dispute arose between the magistrate and the city attorney regarding the order of proceedings during plea entry.
Consent Calendar
- Time Extension Requests (unanimous, no objection):
- Case 00138-325 (3454 NW 4th St): 120 days extension granted.
- Case 00100-901 (3899 Bird Road): 60 days extension granted.
- Case 00046-037 (5920 NW 5th Ave): 120 days extension granted.
- Case 00093-664 (1405 NW 21st Ter): 120 days extension granted.
- Case 00088-08 (886 NW 25th Ave): 120 days extension granted.
- Case 00126-832 (909 SW 15th Ave): 120 days extension granted.
- Case 00112-14 (3510 Biscayne Blvd): 90 days extension granted.
- Case 00135-718 (1376 SW 36th Ave): 120 days extension granted.
- Case 00026-061 (2260 NW North River Dr): 120 days extension granted.
- Case 00107-320 (3421 Fro Ave): 120 days extension granted.
- Case 00071-292 (3157 SW 24th Ter): 120 days extension granted.
- Case 00121-024 (6731 SW 7th St): 90 days extension granted.
- Case 00084-94 (321 SW 21st Rd): 120 days extension granted.
- Case 00127-65 (3675 SW 9th Ter): 90 days extension granted (city recommended 90 due to no permit application).
- Case 00112-598 (634 SW 63rd Ave): 120 days extension granted.
- Case 00126-962 (183 NE 50th St): 120 days extension granted.
- Case 00098-209 (467 NE 58th St): 120 days extension granted.
- Case 00121-218 (1774 NW 20th St): 120 days extension granted.
- Case 00044-814 (2702 NW 23rd Ave): 180 days extension granted.
- Case 00076-442 (1429 SW 3rd St): 90 days extension granted.
- Case 00134-51 (1375 NW 50th St): 120 days extension granted.
- Case 00126-907 (62 NW 34th St): Adjudication entered, 120 days to comply, $250/day fine thereafter.
- Case 00120-435 (1331 NW 25th St): Adjudication entered, 180 days to comply, $250/day fine thereafter.
- Case 00129-459 (177 NW 32nd St): Adjudication entered, 180 days to comply, $250/day fine thereafter.
- Case 00122-821 (6840 SW 1st St): Adjudication entered on two violations, 150 days to comply, $250/day fine thereafter.
- Case 00121-05 (250 NW 33rd St): Two absentia hearings – adjudication entered, 3 days to comply, $250/day fine thereafter.
Public Comments & Testimony
- No public comments were made during the hearing.
Discussion Items
- Procedural Disagreement: During the first adjudication case (Case 00120-435), the magistrate and city attorney disputed the order of proceedings. The magistrate preferred to have the inspector explain the violation before the respondent entered a plea, while the city attorney stated the city's procedure requires the plea first, then the inspector's colloquy. The magistrate expressed concern about due process, but ultimately followed the city's procedure for subsequent cases. The disagreement was resolved by having the inspector provide a brief explanation before the plea, but the formal colloquy after the plea.
- Contested Hearing (Case 00122-821): The respondent initially pleaded not guilty to an illegal unit violation, claiming insufficient information. The magistrate allowed the inspector to explain the violation, after which the respondent pleaded guilty to all violations. The hearing proceeded with the city presenting evidence (photos, permits, postings). The respondent objected to photos, questioning how they were obtained. The magistrate overruled the objection after the inspector testified that access was granted by tenants. The magistrate found the respondent guilty and ordered 150 days to comply.
Key Outcomes
- Total Cases Heard: 25 cases were addressed, including 22 time extension requests and 3 initial adjudications (one of which involved a contested hearing).
- Time Extensions: All extension requests were granted, with durations ranging from 60 to 180 days, typically 120 days.
- Adjudications: Three properties were adjudicated in violation. Fines were set at $250 per day for non-compliance after the compliance period.
- Absentia Hearings: Two cases for the same property (250 NW 33rd St) were heard in absentia; the respondent failed to appear. The magistrate found violations and ordered compliance within 3 days, with $250/day fines thereafter.
- Procedural Note: The magistrate established that respondents would be informed of alleged violations before entering a plea, and the city's inspector would provide a brief explanation before the plea, with full colloquy after. This practice was adopted for future hearings.
Meeting Transcript
Per day for a residential property and up to five thousand dollars per diem or per day for a non-residential commercial property if it is a repeat violation. If the respondent pleads not guilty, the city through the assistant city attorney who you just heard from will present its case. After the city present its case, the respondent will be permitted to present its defense. Both the city and the respondent will have an opportunity to present evidence and to examine and cross-examine witnesses. If the respondent is not present, and the respondents representative wishes to present the respondent's defense, that representative must be uh must either be a licensed attorney in the state of Florida, have a valid power of attorney or some other legal document, giving them authority to represent and speak on the respondents uh behalf regarding their property interests. If the representative does not have such a power of attorney or other legal document, then the case will be heard in what is called abstention, and the representative will not have the legal authority or right to present a defense or testify before me. If a hearing is requested through a plea of not guilty, the hearing will be conducted in an informal manner. These proceedings are what we called quasi-judicial. What that means is that the strict rules of evidence do not apply. However, all discussion, presentations, and questions will be limited to matters relating directly to the violation cited. After all the evidence is presented, I will determine whether the respondent is in fact guilty or not guilty. If I if found guilty, I'll order the violation to be corrected by a certain date, and if not corrected by that date, there'll be that uh per diem lien will be um determined by me and imposed. If I determine the violation is one that has created an irreparable or irreversible harm through the evidence and testimony presented, an additional fine of up to $15,000 may be issued. When an issued violation has been complied with, it is your responsibility as a property owner to contact your code compliance inspector to have the violation complied and closed. If the violation is not required by the required date, the per diem lien as ordered today shall issue without further hearing. The lien imposed will be a lien against the cited property and against other real or personal property owned by the violator. If you need to request an extension of time after an imposition of time to comply today, you may do so by visiting WW.miamiGov.com and in the search queue type in extension of time. Lastly, any orders entered by the board or by me may be appealed to the 11th Judicial Circuit of Florida within 30 days of today's date. With that said, if also you can silence your your cell phones, and of course, without saying everybody in this room needs to behave in a professional uh manner and courteous manner. Okay. Um are you who swearing? So we'll uh have everybody rise for the pledge of allegiance and then please remain standing so that we can go ahead and have you all sworn in the five yeah I pledge allegiance to the flag of the United States of America to the Republic which stands one nation under God, indivisible liberty and justice. Please remain standing so that you those of you who will be speaking today can be sworn in. Unless you're a member of the bar, you're already kind of sworn in anyway. So those who intend to testify on this matter or any other matter, please stand and raise your right hand to be sworn in. Do you solemnly swear or affirm that the testimony you are about to give is the truth, the whole truth and nothing but the truth? Thank you. You may be seated. Okay, thanks everyone. Translators. Thank you. Alguien in la sala necessita traduction English Spaniol, Espanyol Inglis. Do you solemnly swear or affirm that you would translate from English to Creole and Creole to English to the best of your ability? Thank you. No? All right, madam clerk, whenever you're ready to start, we're ready to go. Case number 00138 325. Property address 3454 Northwest Ford Street. Page 49. Okay, good morning, sir. Morning. And I'll also be bringing up at least uh the file on uh the screen. This looks like it's Mr. Magistrate. I'm sorry. I said I'll also be bringing up on the screen in front of you and everything else. Perfect, thank you. Yeah, I see this is a time extension hearing. Yes, sir. Wonderful.
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