OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Code Compliance Special Magistrate Hearing - September 2, 2026

Meeting Portal — Wednesday, September 2, 2026
BodyMiami, Florida
SessionMeeting Portal
DateWednesday, September 2, 2026
StatusFILED
Video Record
0:00 / 2:31:24

Transcript — Verbatim
1:42

Thank you for your patience.

1:45

So I want to welcome everyone to this morning's Code Compliance Special Magistrate Hearings.

1:51

My name is Richard Denler, and I will serve as your special magistrate presiding over today's code compliance hearings.

2:02

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.

2:39

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.

2:57

Actually, the the podium to my right, to your left, my right.

3:01

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.

3:15

In other words, are you going to plead guilty to the violation or otherwise?

3:20

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.

3:36

Um, and then I, as the special magistrate, will decide uh, first of all, if the violation exists.

3:44

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.

4:02

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.

4:14

Uh if it's a residential property and up to a thousand dollars per day if it's a commercial property.

4:20

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.

4:54

Again, that's going to be for repeat violators.

5:00

If the property owner, the respondent pleads not guilty, meaning they're not contesting the violation.

5:05

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.

5:15

Uh the respondent, again the property owner or business owner will be permitted to present its uh its defense or its position.

5:23

But both the city and the respondent will have a per an opportunity to present evidence and to cross-examine witnesses.

5:31

Um, this is what we refer to as a quasi-judicial proceeding.

5:36

What that means is the strict rules of evidence do not apply.

5:39

However, fundamental principles of fairness do.

5:43

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.

6:05

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.

6:25

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.

6:45

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.

6:56

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.

7:04

After the hearing is concluded, I will make an um an oral uh ruling which will later be transcribed into a written order.

7:14

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.

7:34

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.

7:54

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.

8:05

The lien uh imposed will be a lien against the cited property and against other real or personal property owned by the violator.

8:13

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.

8:31

Uh however, very important you must request that extension of time before the time period to comply expires.

8:38

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.

8:52

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.

9:08

One nation under God, indivisible with liberty and justice for all.

9:16

Do you solemnly swear or affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

9:23

Thank you.

9:25

All right.

9:26

Thank you, everybody, for your attentive.

9:29

Oh, Spanish and Creole interpreter.

9:32

Do you soldly swear affirm you will translate from English to Spanish and Spanish to English to the best of your ability?

9:39

Thank you.

9:55

Okay.

9:56

Levantasumano derecha.

10:04

Do you swallow me swear or firm?

10:06

You would translate from English to Creole and Creole to English to the best of your ability.

10:11

Thank you.

10:22

No.

10:22

D'accord.

10:25

Extensions of time.

10:27

All right.

10:27

Extension times.

10:28

Thank you.

10:29

Mercy.

10:30

Gracias.

10:31

Okay.

10:38

Whenever you all are ready, I'm ready for our first case.

10:41

One moment, sorry.

Discussion Breakdown — Share of Meeting
Code Enforcement█████████████████████████████████████████████60%
Property Maintenance████████11%
Permitting Process Improvement████████10%
Historic Preservation███████9%
Building Permits████5%
Procedural██3%
Public Safety██2%
Summary of Proceedings

Code Compliance Special Magistrate Hearing - September 2, 2026

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.

Extensions of Time

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:

  • Alfredo Sagales (manager of 3452 NW 4th Street LLC) – third extension; granted 150 days after city recommended 120 days.
  • Clarivel Rodriguez (5920 NW 5th Ave) – granted 120 days.
  • Albert Arias (3750 Charles Terrace) – plans for fence not yet submitted; granted 120 days.
  • Attorney Andres Rivera for 1401 Investments LLC – clean‑up of CU/BTR for laundry annex; granted 120 days.
  • Domenica de Ferenza for Grupo DH LLC (1376 SW 36th Ave) – driveway and fencing permits processing; granted 120 days.
  • Jose Cortesi with POA for Silver Bay Holdings (909 SW 15th Ave) – building permit progress; granted 120 days.
  • Stephen Gurion (2375 SW 11 Terrace) – plans inactive; granted 120 days with warning to reactivate.
  • Jorge Guim (Green Mile Investment Group LLC, 2757 SW 15th St) – recently found GC; granted 120 days.
  • Salamadina (634 SW 63rd Ave) – active permits but resubmission needed; granted 120 days.
  • Shai Gutterman (322 NW 41st St) – permit in inspection phase; granted 120 days.
  • Mariana Amate (POA for Interstate Miami LLC, 563 NE 67th St) – child care center, plumbing permit final; granted 120 days.
  • Attorney Ben Fernandez for Shopping Plaza Corp (2742 SW 8th St) – unsafe structures and roof permit; granted 120 days.
  • Marlene Charles (POA for PAMYSAL LLC, 513 NE 66th St) – custom windows ordered with 90‑day delivery; granted 120 days.

Initial Adjudication Hearings (Violations Admitted)

Property owners admitting violations and requesting time to comply:

  • 2737 NW 13th Ave (Lucian Simoise) – work without a permit; plans not active. Found violation, granted 120 days, $250/day fine thereafter.
  • 2722 NW 23rd Ave – work without permit, illegal units, improper storage; owner inherited property and has demolition permit. Found violation, granted 120 days, $150/day fine thereafter.
  • 2361 NW 31st St (Yadera Shavara) – garage conversion without permit. Found violation, granted 120 days, $150/day fine.
  • 771 NW 47th St (Sharon Weiss for Scarlet Knight Investments LLC) – construction within right‑of‑way; public works permit issued. Found violation, granted 120 days, $250/day fine (rental property).
  • 2708 NW 23rd Ave (Rigoberto Benegas) – work without permit, removal of landscaping, cement over permeable area. Found violation, granted 120 days, $150/day fine. Magistrate and inspector explained compliance requirements.
  • 3902 SW 4th St (Michael Alonso, with cousin Jason Harunner managing) – remodeling without permit; in pre‑screening process. Found violation, granted 120 days, $150/day fine.
  • 4271 SW 5th Terrace (Venus DePaz with POA for Ventura Depos) – work without permit, removal of landscaping; architect hired. City recommended 90 days, magistrate granted 120 days (rental, $250/day fine).
  • 3430 Thomas Ave (Jonathan Archer, priest for Christ Episcopal Church) – commercial solid waste container not screened; permit in process. Found violation, granted 120 days, $250/day fine.
  • 4281 SW 5th Terrace (Maglin Reyes) – removal of landscaping, work without permit; active permit for doors/windows but not driveway. Found violation, granted 120 days, $150/day fine.
  • 2708 NW 23rd Court (Santana Real Estate Service Inc.) – illegal unit and work without permit; owner not present but relative provided info. Heard in absentia; found violation, granted 120 days, $250/day fine.
  • 355 SW 22nd Terrace (Coral Way 3542 LLC) – failure to screen commercial waste container; property manager appeared without POA. Heard in absentia; found violation, granted 90 days, $250/day fine.

Demolition by Neglect (Historic Properties)

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.

Absentia Hearings (No Respondents Appeared)

Several cases were heard without the respondent present, with the city proving notice and violations:

  • 2838 NW 22nd Ave – failure to register vacant lot; lot cleaned but not registered. Found violation, 3 days to comply, $250/day.
  • 3710 NW 14th Ave – improper removal of four trees; after‑the‑fact mitigation permit not submitted despite prior settlement. Found violation, 3 days to comply, $250/day.
  • 402 SW 13th Ave – illegal dumping on apartment property (Emmis Apartments); junk remained after citation. Found violation, 3 days to comply, $250/day.
  • 2900 NW (adjoining lot) – failure to register vacant lot; same owner as first absentia case. Found violation, 3 days to comply, $250/day.
  • 4491 NW 3rd St – failure to register vacant lot (grass cut but not registered). Found violation, 3 days to comply, $250/day.
  • 2900 Bird Ave – commercial solid waste container not enclosed. Found violation, 3 days to comply, $250/day.
  • 1046 NW 41st St – failure to register vacant structure and failure to maintain facade. Found violation, 3 days to comply, $250/day.
  • 2238 S Miami Ave – failure to maintain exterior and large beehive; owner claimed compliance but did not appear. Found violation, 3 days to comply, $250/day.
  • 2862 NW 22nd Ave – failure to register vacant lot; lot cleaned but not registered. Found violation, 3 days to comply, $250/day.

Key Outcomes

  • All appearing respondents received extensions (typically 120 days) or compliance periods (90–150 days) with per‑day fines if not completed.
  • The two demolition by neglect cases resulted in strict 3‑day compliance orders with $500/day fines.
  • Multiple absentia cases resulted in 3‑day compliance orders and $250/day fines.
  • Respondents were reminded that extensions must be requested before the compliance period expires.
  • The meeting was adjourned after all cases were heard.

Meeting Transcript

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.

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