9700 West Bay Harbor Drive

Bay Harbor Island Town Hall Code Compliance Division 1030 95th Street BAY HARBOR ISLANDS, FL 33154 Phone: (305) 993-1786 NOTICE TO APPEAR #1 Date: May 06, 2026 File Number: 26-000194 RE: Notice of Violation No: 26-000194 Date of Issuance: January 30, 2026 Code Compliance Officer: Evelyn Merizalde Location of Violation: 9700 West Bay Harbor Drive Bay Harbor Islands, FL 33154-1753 TO: VIOLATOR REGISTERED AGENT AIRE BAY HARBOR, LLC ALEX SIRULNIK 2199 Ponce De Leon Blvd, #301 2199 PONCE DE LEON BLVD STE 301 Coral Gables, FL 33134 CORAL GABLES,, FL 33154 Code Sections Violated and Nature of Violations: Code: Ordinance 1124 Sec. 5-5(0) Violation: All structures exceeding 30 feet in height shall provide a dust/debris netting barrier erected in such a way to completely surround the structure. Structures being erected on waterfront lots and exceeding 20 feet in height shall provide a dust/debris netting barrier on the portion of the structure facing the water. The type of netting material shall be identified in the construction staging plan and is subject to town approval. Corrective Action: Inmediately install and secure approved netting and safeguards around the entire structure to prevent debris from impacting adjacent properties. Code: Sec. 5-5(p) Violation: Failure to abide by the provisions of this section shall constitute a violation of the Town Code. Each day that a violation continues shall be deemed a separate violation. Any owner, occupant or user of a construction site who fails to correct a violation of this section after receiving notice from the Town shall be subject to the following penalties: (1) A fine of $5,000.00 for the first violation (2) A fine of $10.000.00 for a second violation (3) For any subsequent or repeat violation. a Stop Work Order shall be issued persuant to section 12-27 If the violation is corrected within the time prescribed in the notice, then the fine shall be waived unless the violation is irreparable or irreversible in nature. Corrective Action: This is a repeat violation of the previously cited condition. A fine in the amount of $10,000.00 has been imposed. Mail a check made payable to the Town of Bay Harbor Islands in the amount of $10,000.00 or make a payment online at https:l/bayharborislandsfl.municipa]onIinepaymen'(s.com/bayharborislandsflleasypay . You are hereby notified that a hearing before the Town's Special Magistrate on the described violation will be held as follows: Date: May 28, 2026 Time: 10:30 AM Place: TOWN OF BAY HARBOR ISLANDS -~ MORRIS N. BROAD COMMUNITY CENTER 1175 95TH STREET #2-3 BAY HARBOR ISLANDS, FL 33154 You may appear at said time and place to present any evidence in your behalf. You may be represented by Counsel, if you so desire. If represented by anyone other than legal counsel, please provide a letter of authorization from the owner naming the person or persons authorized to appear on their behalf. Decisions and agreements made by authorized representative shall be binding upon the owner of record. Failure to appear may result in adjudication of guilt and imposition of fines by the Special Magistrate. An Administrative Fee, to be determined at the time of hearing, will be levied in conjunction with any fines. The Order may be recorded and shall constitute a lien against your property. Thereafter, a foreclosure proceeding may be instituted against your property. Any request for continuance must be received by the Special Magistrate at least ten (10) calendar days prior to the date set for the hearing to be considered. For information or comments, contact the Code Compliance Department at (305) 993-1786 or by email. Sincergl /97/ @@%n 74444&[[0 - Evelyn Herbello Town Clerk