Special Magistrate Richard Denler presided over a morning of code compliance hearings covering extensions of time, initial adjudications for violations, demolition by neglect cases, and absentia hearings. The session began with procedural explanations about fines (residential up to $250/day, commercial up to $1,000/day, repeat violators up to $500/day residential and $5,000/day commercial). The meeting included several cases where property owners or representatives appeared, as well as absentia cases where respondents failed to appear.
Multiple property owners and representatives requested additional time to bring properties into compliance, most receiving 120‑day extensions from the magistrate, often concurring with city recommendations. Notable cases included:
Property owners admitting violations and requesting time to comply:
Two cases for adjacent properties at 812 and 830 NW 8th Street Road, owned by the same LLC (970 NW 18th State Road LLC). Both properties are in the Spring Garden Historic District, designated contributing historic structures. The owner had previously been denied demolition by the Historic and Environmental Preservation Board in 2024. No contact or maintenance since 2017 fire. Inspector Eric Sinosa and City Preservation Officer Ken Calmus testified. Both properties found in violation; magistrate ordered compliance within 3 days, $500/day fine thereafter for each.
Several cases were heard without the respondent present, with the city proving notice and violations:
Thank you for your patience. So I want to welcome everyone to this morning's Code Compliance Special Magistrate Hearings. My name is Richard Denler, and I will serve as your special magistrate presiding over today's code compliance hearings. In doing so, I hear the case in the same manner as a code compliance board, and I'm authorized by Florida statute as well as the Code of the City of Miami to hear and decide cases that are brought against those persons or entities and or property who have been cited for violations of various city or municipal ordinances and who have not yet allegedly corrected those violations or not corrected them in a timely fashion. Each case will be called, and the respondent, who's typically going to be the property owner, uh whose property and or business is the alleged violator, uh, will come up to uh the podium. Actually, the the podium to my right, to your left, my right. And um if it's a um it's a you know, first hearing or an adjudication hearing, you'll be asked uh whether you're uh going to admit the violation or contest the violation. In other words, are you going to plead guilty to the violation or otherwise? And also the city uh code compliance department, represented by its code compliance officers, the city attorney, and other um city administrators, uh, will have the opportunity to explain what's happening, what's going on. Um, and then I, as the special magistrate, will decide uh, first of all, if the violation exists. Um, and if so, what time, if any, I will give the uh if I do find that it exists, what time, if any, I'll give the violator to comply uh with correcting the violation before uh daily fines or per diem fines begin to accrue. Uh those daily fines can um become quite costly if not corrected in a timely fashion, because they can accrue up to up to two hundred and fifty dollars per day. Uh if it's a residential property and up to a thousand dollars per day if it's a commercial property. Uh for first-time violators, and actually, if it's a repeat violation, uh, meaning that the uh that it's been the property's been found to be out of compliance uh and adjudicated for the same issue previously, uh, that can be deemed a repeat violation, and residential properties can be fined up to five hundred dollars per day, and commercial or business properties can be fined up to five thousand dollars per day for non-residential commercial properties. Again, that's going to be for repeat violators. If the property owner, the respondent pleads not guilty, meaning they're not contesting the violation. Uh the city through its city attorney who's sitting in my left and to your to your right, uh, will present the city's case. Uh the respondent, again the property owner or business owner will be permitted to present its uh its defense or its position. But both the city and the respondent will have a per an opportunity to present evidence and to cross-examine witnesses. Um, this is what we refer to as a quasi-judicial proceeding. What that means is the strict rules of evidence do not apply. However, fundamental principles of fairness do. If the respondent is not present and the respondent's representative wishes to present uh a respondent's case or defense or speak on behalf of the respondent, that representative must be either a Florida licensed attorney or must have a valid proper attorney to represent uh the respondent at today's uh hearing. Uh if uh neither the respondent appears or an author or a licensed attorney on the respondent's behalf or an individual with a valid power of attorney to speak on behalf of the respondent, if neither of those things happen when the case is called, then uh the case will be heard in abstention. Um what that means we're gonna go forward, um, and um uh of course I'll hear uh the case and then make a decision without the respondent having an opportunity to present their case and make a decision based on just what the city you know uh provides me with. If a hearing is requested um through uh because the respondent is is not contesting or were entering or saying they're not guilty of the offense. Um again the um the hearing is conducted in an informal manner as I mentioned before the strict rules of evidence don't apply as these are quasi-judicial hearings. After the hearing is concluded, I will make an um an oral uh ruling which will later be transcribed into a written order. Uh if it's a um if the fine is uh sorry if the violation is if it's adjudicated uh and the violation is one of what we call an irreparable or irreversible harm, an additional fine of up to fifteen thousand dollars could be issued. Uh when an issued violation has been complied with, uh it is the respondent's responsibility as the property owner to contact the code compliance or co uh officer or inspector to have the violation inspected and um if satisfactory closed out and complied with. If the violation is not corrected uh by any required date, again the per uh the per diem begins to accrue, and a lien can be imposed without further hearing. The lien uh imposed will be a lien against the cited property and against other real or personal property owned by the violator. If you need an extension of time, and I know we've got some folks that are coming up first uh requesting an extension of time, uh you can extend, you can request an extension of time by visiting uh MiamiGov.com and in the search queue typing in uh extension of time. Uh however, very important you must request that extension of time before the time period to comply expires. Lastly, uh any orders entered um by me today uh can be appealed to the 11th Judicial Circuit within 30 days of um of the order being entered. Okay, so uh with that said, if we can all stand for the Pledge of Allegiance, I pledge allegiance to the flag of the United States of America to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. Do you solemnly swear or affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. All right. Thank you, everybody, for your attentive. Oh, Spanish and Creole interpreter. Do you soldly swear affirm you will translate from English to Spanish and Spanish to English to the best of your ability? Thank you. Okay. Levantasumano derecha. Do you swallow me swear or firm? You would translate from English to Creole and Creole to English to the best of your ability. Thank you. No.