Miami Beach Deleted and Adjusted Fee Report Miami Beach Deleted and Adjusted Fee Report PM-Permit,PL-Plan,CC-Code Case,BL-Bussiness Licensing,VIO-Violation
From: 2/17/2020 to 2/21/2020 ADJ-Fee Adjustment, DEL-Fee Deletion
Record s Fee Name User Original Amt.Current Amt. Comment Date/Time Module Type
SMC2019-01221 Special Masters-Court Fernanda Silva $103.00 $0.00 S MASTER AUTHORIZED TO WAIVE THE COURT 2/18/2020 11:21:11AM CC ADJ -
CostsCOST(SEE NOTOES)
Totals: $103.00 $0.00
Reviewer Name
Signature and Date / . ,\(p, \�
1
Silva, Fernanda
From: Andy Allocco <andrewallocco@hotmail.com>
Sent: Thursday, February 13, 2020 5:36 PM
To: Cardeno, Hernan
Cc: Silva, Fernanda
Subject: Re: Need to discuss a case (inard1/43A1
OsOj( fr(i9;00,00f1
wDMUS FROM AN r X!rRN A{ FMA!!. - _ li . t: 'i WHEN '` `t tr';r AND D .PEN1'l { tt op
Good afternoon Hernan and Ms. Silva,
In response to your understanding and description of what transpired,Yes one alleged violation was taken
care of immediately after the notice of violation was received, however it was the second violation (involving
repair to the wall)that was ambiguous as to the nature of repair sought by the officer. I did in fact make
several calls and left messages for Mr. Rios with your office staff. In fact on his voicemail it said if we couldn't
reach him, to contact (Ms. Contreras?) for help. So I then left a message for her. I never received a response
from either. When examining other notices of similar violations involving walls and repair,the cure or method
to remedy the violation was seeri to be much more prescriptive and not ambiguous as in mine. One question I
had was to ask if he would allow us to remove the railing altogether so as to not have the problem reoccur at a
future date. Additionally with the wall repair, is the officer looking solely for painting? Form board setup and a
re pour of concrete at the edges? Re stucco the entire wall? The answers to these questions result in different
costs of repair. So as you might have heard on the video,when questioned by the Master whats' going on, one
of the first statements I made was how I have not been able to get in touch with Mr. Rios after several
attempts and to Ms. Contreras. That is on the video.
One could argue that whether it is built in by design as a profit center for the City (I certainly hope not) or just
an unfortunate byproduct, by not returning calls it forces the city resident to have to appear before the
Special Master where otherwise it would not. In fact, if I was able to reach Mr. Rios, I believe your code
officers have the authority to grant an extension for time to comply with a notice or to close out a violation
without an appearance before the master... but that wasn't even an option here as there was no return calls.
While I understand that you may not have the ability to waive the entered order by a Special Master, you do
have the ability to make a note for the record that your officers were unable, or unavailable, or simply did not
return calls that might have added to the delay in compliance or necessitated the appearance before the
Master. Do you understand what I am saying? The fact that this case had to even come before the special
master is not by my doing and I spent a lost day of work in appearing. When I spoke to Ms. Silva
approximately two weeks ago, she said if you were able to make a statement or acknowledge to that effect,
the assessed fee would be either presented to the master to be dismissed, waived, or whatever...
I expect that if the City is going to fine its residents,that the residents would have full access to speak with the
person /officer charging them with the violation. If we can't get a hold of your officers, and they admit it in the
video before the Special Master,those are facts that should be taken into account when deciding to levy fees
against a property owner. If the City isn't willing to accept full responsibility for the necessity to appear before
the Master, it has to accept at least partial. I can't force your officers to return calls that wold have answered
my valid questions.
1