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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Code Enforcement Special Magistrate Hearing for Ticket Appeals - October 15, 2026

Meeting Portal — Thursday, October 15, 2026

BodyMiami, Florida

SessionMeeting Portal

DateThursday, October 15, 2026

StatusFILED

Video Record

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Transcript — Verbatim

Speaker numbers apply only to this recording.

Unassigned speaker

15:05

That has been a good one.

Speaker 1

16:41

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

16:49

Thank you.

16:49

You may be seated.

Unassigned speaker

16:52

All

Speaker 2

16:52

right, our magistrate will now read from the list.

16:55

You can go ahead and be seated.

16:56

They're going to read the opening remarks, and then the settlements will be called

Unassigned speaker

17:00

up.

Speaker 2

17:00

You'll go to the far podium.

Speaker 3

17:04

Good morning.

17:05

I welcome you all to the Code Enforcement Special Magistrate hearings for ticket appeals for Thursday, October fifteenth, twenty twenty-six.

17:50

If you are not one of the described people or have not yet provided your power of attorney to the city for review, please go meet with staff at the conclusion of these opening remarks.

18:02

Tickets or civil citations issued by the city of Miami are issued based upon the specific place and time in a violation of the city or other enforceable code.

18:13

While persons or property owners may be given time to remove the violation, the time provided to remove the violation does not affect the issuance of the ticket.

18:22

Ignorance of the law is not a defense to any violation as issued.

18:26

You have been given a chance to settle your issue ticket today by meeting with the respective supervisors from the department who issued the violation.

Unassigned speaker

18:35

For

Speaker 3

18:35

those of you who have decided to settle, your case will be called up once I am done with this introduction.

18:40

You will receive a copy of the settlement order and notifications will be sent via email with instructions on how to pay.

18:48

No payment will be accepted today.

18:52

For those who have had the opportunity to discuss the case with city staff but wish to continue to challenge the issuance of the ticket via this appeal process.

19:00

Once the settlement cases are over, the appeal cases will be called

Unassigned speaker

19:05

up.

Speaker 3

19:05

Make sure you have all the evidence and witnesses here.

Unassigned speaker

19:09

The

Speaker 3

19:10

assistant city attorney will make your case file available for you to review during the brief break between the settlement cases and the appeal hearings if you have not already had a chance to review it.

19:20

Please take time to share whatever evidence you

Speaker 4

19:23

intend to

Speaker 3

19:24

introduce to them at the time, as it will make the hearing process go much smoother.

19:29

Appeal hearings will start with the city presenting its case and evidence followed by the person or property owner issued the violation presenting their case and evidence.

Unassigned speaker

19:39

The

Speaker 3

19:39

hearing will be conducted in an informal manner.

19:42

There are no formal rules of evidence.

19:44

However, all discussion presentations and questions are limited to matters relating directly to the violation cited.

19:52

After all evidence is presented, I will determine whether the violation as issued is upheld.

19:58

Each ticket was issued with a fine amount.

20:00

At the conclusion of the appeal hearing, I will decide whether the violation occurred, if upheld, whether the amount of the fine issued will be maintained, and if any cost of prosecution are to be added in addition to the fine amount, costs of prosecution can be up to $150 per case or more if specific costs associated with the city cleanup of the violation are presented.

20:24

Lastly, any orders entered by me as the magistrate may be appealed to the 11th Judicial Circuit Court of Florida appellate division within 30 days of rendition of that is signing of the order.

20:40

Thank you very

Unassigned speaker

20:41

much.

Unassigned speaker

20:43

All

Speaker 2

20:43

right, we're now going to call the settlements.

20:44

When the settlements are called, please go to the far podium for me.

Unassigned speaker

20:48

The

Speaker 2

20:48

magistrate will ask you your name, announce what the amount of settlement

Unassigned speaker

20:52

was,

Speaker 2

20:53

whether whether you agreed to it or

Unassigned speaker

20:54

not.

Speaker 2

20:55

Once you say yes, then you'll come forward, you'll sign and you'll get a copy of your order, and you'll also receive communication that you will be able to pay them online, probably as early as next week.

21:07

Again, as we discussed, it has to shift from a possible collection to actual money owed to the city in the city's Oracle Financial System.

21:15

Thank

Unassigned speaker

21:16

you.

Speaker 1

21:18

First case, page 71.

21:21

Case number 00178019.

21:26

Property address 149 Northwest 11th Street, page 71.

Unassigned speaker

21:36

Good

Speaker 3

21:37

morning.

21:37

Good morning, sir.

21:38

You are uh name and your relationship to the property, please.

Discussion Breakdown — Share of Meeting

Code Enforcement███████████████████████████████31%

Procedural████████████████████20%

Pending Litigation████████████████16%

Marine Infrastructure████████████12%

Legal Compliance███████████11%

Water And Wastewater Management████████8%

Public Works██2%

Summary of Proceedings

Code Enforcement Special Magistrate Hearing for Ticket Appeals - October 15, 2026

The City of Miami held a Code Enforcement Special Magistrate hearing on Thursday, October 15, 2026, at 2:00 PM to hear appeals for code enforcement tickets and civil citations. The hearing processed a large consent docket of settlements, addressed failures to appear, and conducted one fully contested trial regarding a turbidity violation against a marine contractor.

Consent Calendar (Settlements)

The majority of the docket consisted of settlements where property owners or their representatives agreed that a violation occurred. Fines ranged from $50 to $500. Key individual settlements included:

149 NW 11th St (Ray Bohr, POA): $200.
1821 NW 34th St (Benjamin Figgy, Owner): $250.
61 NW 57th St (Carmen A. Ramirez, Owner): $250.
721 NW 7th Street Road (Josh Trifiletti, Owner): $50.
101 NW 20th St (Arturo Navarete, POA): $500.
1100 NW 27th St (Aida Lopez): $100.
1748 NW 42nd St (Omnia Massoud, Owner): $50.
2101 SW 22nd St: $75.
2962 NW 14th Ave (Yamile Valdez, Owner): $250.
2551 SW 21st St (Laura Martinez, Owner): $250.
5745 NW 5th Ave (Margarita Talte, Owner): $250.
1493 NW 38th St (Betty Comarty, Owner): $250.
2569 Trap Ave: $50.
746 NW 61st St: $100.
2585 NW 21st Terrace (Brett Seidler for FTP Investment Corp): $250.

Contested Hearings & Testimony

Request for Continuance (317 NE 71st St) A representative for a coastal waste violation appeared without a valid power of attorney. The Magistrate granted a single continuance, warning that the case would be heard on the next date regardless of representation.

Kearns Construction Company Turbidity Violation (2550 South Bay Shore Drive) The primary contested case involved a $500 violation issued to Kearns Construction for work activities allegedly causing a turbidity plume into Biscayne Bay at Bayshore Landing Marina on July 31, 2026. An additional $150 in prosecution costs was sought.

City's Position and Testimony:

Inspector Jorge Bernard testified that on July 31, he observed sand and sediment on a barge operated by Kearns at Bayshore Landing Marina and confirmed photographic evidence of the sediment.
Engineer III Michael Walton stated he investigated the site and checked all nearby municipal outfalls and construction for other sources of turbidity. He found no illegal discharges or other active marine construction, concluding the turbidity was most concentrated around Kearns' barge.
MS4 Section Head Eli Rosa Esteves, a registered Professional Engineer with over 30 years of experience, identified the material on the barge as crushed lime rock. She testified this specific material creates turbidity when mixed with water. She acknowledged no inspector witnessed material actively falling from the barge or performed a turbidity test.

Respondent's Position: John Kearns, owner of Kearns Construction, argued the turbidity was caused by the City of Miami's storm sewer system, not his material barge.

He argued that a record rainfall on July 27, 2026, overwhelmed the city's drainage system, which discharges directly into the bay.
He stated that no city inspector physically witnessed any material falling from his barge.
He claimed the material on the barge was heavy silica sand, which does not create the fine ultra turbidity observed, contradicting the city's expert testimony.
He asserted that a different contractor (Dock and Marine Construction) was simultaneously working in the area, providing an alternative source.
He presented photographs taken days and weeks after his barge departed showing persistent turbidity, arguing this proved the city sewer was the cause, not his barge.
He contested the notice of violation's statement regarding a permit requirement, presenting evidence from a city official stating no Class One permit was needed for the decking work.

Key Outcomes

Kearns Construction Case: The Magistrate affirmed the violation, stating the evidence and testimony showed the barge was the source. The $500 fine was upheld, and $150 in prosecution costs were added, for a total of $650. Mr. Kearns stated his intention to appeal the decision to the 11th Judicial Circuit Court of Florida, as permitted under Florida law.
No-Shows: Multiple cases where respondents failed to appear resulted in the violations being automatically upheld.
Power of Attorney Deficiency: A respondent lacking a valid power of attorney for five properties was granted a single continuance by the Magistrate, with a strict warning that the cases would proceed on the next hearing date regardless of representation.

Meeting Transcript

That has been a good one. Do you solemnly swear or affirm that the testimony you're about to give is the whole truth and nothing but the truth? Thank you. You may be seated. All right, our magistrate will now read from the list. You can go ahead and be seated. They're going to read the opening remarks, and then the settlements will be called up. You'll go to the far podium. Good morning. I welcome you all to the Code Enforcement Special Magistrate hearings for ticket appeals for Thursday, October fifteenth, twenty twenty-six. If you are not one of the described people or have not yet provided your power of attorney to the city for review, please go meet with staff at the conclusion of these opening remarks. Tickets or civil citations issued by the city of Miami are issued based upon the specific place and time in a violation of the city or other enforceable code. While persons or property owners may be given time to remove the violation, the time provided to remove the violation does not affect the issuance of the ticket. Ignorance of the law is not a defense to any violation as issued. You have been given a chance to settle your issue ticket today by meeting with the respective supervisors from the department who issued the violation. For those of you who have decided to settle, your case will be called up once I am done with this introduction. You will receive a copy of the settlement order and notifications will be sent via email with instructions on how to pay. No payment will be accepted today. For those who have had the opportunity to discuss the case with city staff but wish to continue to challenge the issuance of the ticket via this appeal process. Once the settlement cases are over, the appeal cases will be called up. Make sure you have all the evidence and witnesses here. The assistant city attorney will make your case file available for you to review during the brief break between the settlement cases and the appeal hearings if you have not already had a chance to review it. Please take time to share whatever evidence you intend to introduce to them at the time, as it will make the hearing process go much smoother. Appeal hearings will start with the city presenting its case and evidence followed by the person or property owner issued the violation presenting their case and evidence. The hearing will be conducted in an informal manner. There are no formal rules of evidence. However, all discussion presentations and questions are limited to matters relating directly to the violation cited. After all evidence is presented, I will determine whether the violation as issued is upheld. Each ticket was issued with a fine amount. At the conclusion of the appeal hearing, I will decide whether the violation occurred, if upheld, whether the amount of the fine issued will be maintained, and if any cost of prosecution are to be added in addition to the fine amount, costs of prosecution can be up to $150 per case or more if specific costs associated with the city cleanup of the violation are presented. Lastly, any orders entered by me as the magistrate may be appealed to the 11th Judicial Circuit Court of Florida appellate division within 30 days of rendition of that is signing of the order. Thank you very much. All right, we're now going to call the settlements. When the settlements are called, please go to the far podium for me. The magistrate will ask you your name, announce what the amount of settlement was, whether whether you agreed to it or not. Once you say yes, then you'll come forward, you'll sign and you'll get a copy of your order, and you'll also receive communication that you will be able to pay them online, probably as early as next week.

SUMMARIZED BY OPENPUBLICA AI

TRANSCRIPT VIA PUBLIC VIDEO
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Code Enforcement Special Magistrate Hearing for Ticket Appeals - October 15, 2026

Consent Calendar (Settlements)

149 NW 11th St (Ray Bohr, POA): $200.

1821 NW 34th St (Benjamin Figgy, Owner): $250.

61 NW 57th St (Carmen A. Ramirez, Owner): $250.

721 NW 7th Street Road (Josh Trifiletti, Owner): $50.

101 NW 20th St (Arturo Navarete, POA): $500.

1100 NW 27th St (Aida Lopez): $100.

1748 NW 42nd St (Omnia Massoud, Owner): $50.

2101 SW 22nd St: $75.

2962 NW 14th Ave (Yamile Valdez, Owner): $250.

2551 SW 21st St (Laura Martinez, Owner): $250.

5745 NW 5th Ave (Margarita Talte, Owner): $250.

1493 NW 38th St (Betty Comarty, Owner): $250.

2569 Trap Ave: $50.

746 NW 61st St: $100.

2585 NW 21st Terrace (Brett Seidler for FTP Investment Corp): $250.

Contested Hearings & Testimony

City's Position and Testimony:

Inspector Jorge Bernard testified that on July 31, he observed sand and sediment on a barge operated by Kearns at Bayshore Landing Marina and confirmed photographic evidence of the sediment.

Engineer III Michael Walton stated he investigated the site and checked all nearby municipal outfalls and construction for other sources of turbidity. He found no illegal discharges or other active marine construction, concluding the turbidity was most concentrated around Kearns' barge.

MS4 Section Head Eli Rosa Esteves, a registered Professional Engineer with over 30 years of experience, identified the material on the barge as crushed lime rock. She testified this specific material creates turbidity when mixed with water. She acknowledged no inspector witnessed material actively falling from the barge or performed a turbidity test.

Respondent's Position: John Kearns, owner of Kearns Construction, argued the turbidity was caused by the City of Miami's storm sewer system, not his material barge.

He argued that a record rainfall on July 27, 2026, overwhelmed the city's drainage system, which discharges directly into the bay.

He stated that no city inspector physically witnessed any material falling from his barge.

He claimed the material on the barge was heavy silica sand, which does not create the fine ultra turbidity observed, contradicting the city's expert testimony.

He asserted that a different contractor (Dock and Marine Construction) was simultaneously working in the area, providing an alternative source.

He presented photographs taken days and weeks after his barge departed showing persistent turbidity, arguing this proved the city sewer was the cause, not his barge.

He contested the notice of violation's statement regarding a permit requirement, presenting evidence from a city official stating no Class One permit was needed for the decking work.

Key Outcomes

Kearns Construction Case: The Magistrate affirmed the violation, stating the evidence and testimony showed the barge was the source. The $500 fine was upheld, and $150 in prosecution costs were added, for a total of $650. Mr. Kearns stated his intention to appeal the decision to the 11th Judicial Circuit Court of Florida, as permitted under Florida law.

No-Shows: Multiple cases where respondents failed to appear resulted in the violations being automatically upheld.

Power of Attorney Deficiency: A respondent lacking a valid power of attorney for five properties was granted a single continuance by the Magistrate, with a strict warning that the cases would proceed on the next hearing date regardless of representation.

Meeting Transcript