MIAMI MIRROR TRUE REFLECTIONS

Sample of David Muhlrads many expired permits Muhlrad was the citys first Code Compliance head

HALF-ASSED COMPLIANCE WITH CITY CODE

Why Comply With Unenforced Codes?
30 December 2013 by David Arthur Walters MIAMI MIRROR MIAMI BEACHThe City of Miami Beach requires each temporary real estate sign to receive a permit. The signs must be removed within seven days from the time the premises advertised are sold or leased. Officers of the Code Compliance Division of the Building Department pretend to enforce the code. Code Compliance Administrator George S. Castell interprets receive to mean that the permit, in the form of a decal, must be stuck to each sign. It follows that any sign without a decal is not permitted until a permit decal is actually affixed to it. It is obvious to anyone walking around South Beach that half the signs are begging to receive permits, but the permits cannot hear their pleas. Half the signs that do have decals on them have expired permits. A reasonable person might induce from the phenomena that the officers of the real estate companies in obvious violation of city code, and the city officials who wink at those obvious violations, are half-assed administrators of private or public business, and that the appearance of impropriety without is a sign of impropriety within. Another induction that might be made from age of the signs, and the expired dates of the permits on some of the signs, is that the ordinance on temporary signs, many of them which are actually permanent, was enforced only temporarily, during the latest scandal associated with the arrest of several compliance officers by the F.B.I.

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MIAMI MIRROR TRUE REFLECTIONS

That is not to say that George Castell, for example, or his superior, Robert Santos-Alborn, Director of the Code Compliance Division, are personally responsible for what apparently signifies a widespread regulatory culture of noncompliance. In fact Castell, who has expressed pride in his service as a U.S. Marine, is regarded as a faithful and honest public servant. No doubt Castell would have everything on his watch shipshape. But he would also be good at following orders from above. Santos-Alborn was reportedly under investigation by the F.B.I. in regards to the quashing of citations for hotel violations, but that investigation did not bear fruit (Miami New Times 9 April 2013). He must also be following orders. It would appear that top city officials are responsible for the disorder by way of condonation if not actually directing it. Castell has repeatedly referred my questions regarding the apparent moratorium on sign code enforcement, unless someone makes a formal complaint at the risk of retaliation, to the citys public spokesperson or spin doctor. But I prefer to have straight answers from the persons who know exactly what they are doing and not from sophists who profess to know everything beyond their personal experience and are bound to follow the first rule of rhetoric, to never criticize the organization you work for. Castell does not seem to get my point that my complaint is not against the individuals whose violations are ignored but against officials who are made to look like ignoramuses for not taking the initiative. I suggested to Castell on 4 December 2013 that he call David Muhlrad and prompt Muhlrad to have someone renew the permits for his scores of temporary real estate signs, most of them having expired July 2013. New signs for buildings he controls have no permits at all. On 23 December 2013, I pointed out to Castell that the code he sent me (Article IV.Temporary Signs, Section 138-135,136) regulating temporary signs for real estate signage does not even apply to the signs realtors place in front of apartment buildings, because those signs are permanent and not temporary signs. Most of those signs are installed on the properties indefinitely, many of them for many years, without regard to vacancies, and often serve as baitand-switch advertising. That is, they are general advertising signs not specific to any particular property. In fact, general advertising signs are prohibited by the signage code: Sec. 138-73. General advertising signs. No general advertising sign shall be constructed, erected, used, operated or maintained in the city.

634 Euclid Avenue

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MIAMI MIRROR TRUE REFLECTIONS

In some instances, such as the one I wrote to your compliance officer about (see below email re Income Real Estate sign at 634 Euclid), the realtor said he has nothing to do with the property on which the sign is placed, that he just pays a small rental fee. Since I spoke to that realtor, however, I was informed by a tenant residing in that property that I may have been put off because I am an Americano, and it is a cash-and-carry rental property for paperless tenants only. That realtor eventually placed a permit decal on the sign, now expired. 12 May 2012 Emmanuel Bastos Code Compliance Officer II CITY OF MIAMI BEACH Re: 634 Euclid Avenue . Speaking of permit numbers, as I mentioned, there is a sign in front of 634 Euclid Avenue that has been there for many years: Income Real Estate, 30 5-6739999, For Rent. The apartments there are rented primarily for cash to paperless residents, which presented no problem to the community, but about two years ago a criminal fringe from Guatemala and Honduras began arriving, and there were drug issues. As I mentioned, Income Real Estate was called to see if it was responsible, and the broker denied all connection with the property, insisting it is a sort of come-on to induce people to call the number, and that the property owner pays some sort of rent for the sign. So the question arises is there a permit for that sign?

I followed up with Castell on 21 December 2013: 21 December 2013: Dear Mr. Castell, As I mentioned on 4 December, permits for old signs on scores of properties owned or controlled by David Muhlrad, whom I understand was our citys first Code Compliance chief, have expired, and no permits at all have been affixed to several new signs. I suppose this is in accord with your divisions moratorium on sign permit enforcement unless someone lodges a complaint. I am not going to lodge complaints for what is likely to be dozens of violations, but I renew my previous suggestion that someone give Mr. Muhlrad a call so he can have his boy obtain the necessary permits. You might do the same with the manager of THE RESIDENCES company since many of its permits have expired, and new signs appear to be unpermitted as per the moratorium on enforcement. Another suggestion: amend the ordinance to authorize legal notice to be pasted in

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the form of a huge SIGN CODE VIOLATION sticker across the signs in violation. Best Regards, David Arthur Walters Theoretically, all the permanent temporary signs should come down permanently, or the real estate management companies can employ easily available tracking systems to make sure all temporary signs are really temporary, in compliance with code. But why should they comply when regulators do not regulate? Answer: to appear as law abiding, well managed companies.

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