Quick AnswerIn September 2026, the City of Miami Code Enforcement Board dropped its case against Little Havana homeowner Angelica Martinez and waived all $55,650 in fines. Two of the items she was cited for, a fence and a concrete driveway, were already on the property months before she bought it in 2019. The Code Clinic documented that history for the City and was ready to argue it at the hearing. The board resolved the case almost as soon as it was called.
Prospective client may not obtain the same or similar results. Results vary based on the facts of each case.
Angelica Martinez bought her Little Havana home in 2019. She hired an attorney for the closing and ran a title search, and it came back clean. Five years later, the City of Miami cited the property for unpermitted work and found her in violation, and according to the City, daily fines ran until they reached $55,650. The City said the fines had become a lien, and she said that kept her from renovating or selling the house. She also faced the threat of foreclosure.
In September 2026, the City of Miami Code Enforcement Board dropped the case and waived every dollar. CBS News Miami covered the result, two months after it first reported her story.
“I feel relieved,” Martinez told CBS News Miami. “I feel happy. I’m excited this is over. I can move on with my life.”
What the City cited
During a proactive inspection in September 2024, City of Miami code inspectors reported seeing roof framing being replaced, a wood fence, and a concrete driveway, all without permits. Martinez acknowledged hiring a crew to repair her roof. She denied installing the fence or ordering the concrete work.
The Code Enforcement Board found her in violation on January 22, 2025, and gave her 120 days to comply. After that, according to the City, fines of $150 a day ran until they totaled $55,650.
By the time the case reached us, nobody disputed there had been unpermitted work at the address. The questions were who did it, when, and whether she should pay a five-figure fine for it.
How we built the case
The fence and driveway were there before she was
We pulled the property’s history and sent it to the City. Aerial imagery from February 2019 showed the fence and the driveway already in place, five months before Martinez bought the house. City records showed the previous owner had renovated the property, with no permits on file for the fence or the driveway.
The lien could not be found in the public record
The City said the fines had become a $55,650 lien. We searched the City’s own public records three different ways and could not find it recorded. Under Fla. Stat. §162.09(3), an order imposing a fine becomes a lien against the land once a certified copy of it is recorded. “The City of Miami is stopping my client from fixing her own home over a lien that doesn’t exist,” Ari Pregen told CBS News Miami in July.
The board ended it at the hearing
The case came back before the City of Miami Code Enforcement Board in September 2026. We came prepared to argue the full record. The board dropped the case and waived the fines almost as soon as the matter was called. Pregen told CBS News Miami the board resolved it before he could finish saying his last name.
“I was shocked,” Martinez said. “We barely were able to say anything.”
A Little Havana homeowner cited for unpermitted work, including a fence and driveway that were on the property before she bought it. We documented when that work was done and represented her when the case came back before the board.
Prospective client may not obtain the same or similar results. Results vary based on the facts of each case.
Credit to the City
The City took criticism when this story first aired. It also deserves credit for how it ended. “In the first story they kind of took some heat, and some of that was fair, but I think it’s important to be fair back,” Pregen told CBS News Miami. He added that once the record was clear, the City resolved it quickly.
Code enforcement staff carry heavy caseloads. Putting the facts in front of them early, in writing and with documents, is often the fastest way to resolve a case.
Cited for work you didn’t do?
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Cited for work done before you owned your home? Start here
Most South Florida codes put the duty to fix a condition on whoever owns the property now, no matter who built it. A homeowner can be cited for a previous owner’s fence, driveway, or addition, or for a contractor’s unpermitted work. Buyers can also inherit open violations they never knew about.
Who did the work, and when, still matters. It bears on whether a finding against you should stand, whether you were given a fair chance to fix the problem, and what fine is fair. When a board sets a fine, §162.09(2)(b) requires it to consider the gravity of the violation, what the owner did to correct it, and any previous violations by that owner.
What to pull together before you respond
- Your closing file. The settlement statement, the title policy, and any municipal lien search or estoppel letter. These show what the City’s own records said on the day you bought.
- Dated proof the condition was already there. Aerial imagery, old listing photos, an appraisal, or a pre-purchase inspection report.
- The permit history for the property. Who pulled permits, for what, and when, and what was never permitted at all.
- Every notice the City sent, and where it went. A finding entered without proper notice can be challenged. See defective notice in Florida code enforcement.
- Whether a lien was actually recorded. Check the county records yourself. If one was, here is how a code lien gets removed.
- Your deadline. An appeal of a final board order to circuit court must be filed within 30 days of the order’s execution under §162.11. See how to appeal a code enforcement order.
Do not pay the fine or sign a compliance agreement that admits the violation before someone has looked at the history. Paying first can give up arguments you would otherwise have. An admitted violation can also turn a later citation under the same provision, within five years, into a repeat violation, which carries higher fines under §§162.04(5) and 162.09(2)(a).
Frequently asked questions
Can I be fined for a code violation the previous owner created?
You can be cited. Most local codes make the current owner responsible for conditions on the property, whoever created them. Whether fines should be imposed, and how much, is a separate question, and the history of who did the work and when is evidence the board can weigh.
Why didn’t my title search catch it?
A title search looks for recorded liens and other recorded interests. Unpermitted work the City has never cited, and an open code case that has not become a recorded lien, usually will not show up. A municipal lien search checks the City’s own files for open cases and permits, but it only catches what the City already knew about.
Can the City foreclose on my house over a code lien?
Florida law bars foreclosure of a code enforcement lien on homestead property under §162.09(3). Rentals, vacant lots, and commercial property are a different story, and a recorded lien can block a sale or refinance on any property. More in Can a City Foreclose on a Code Lien in Florida?
How long do I have to challenge a code enforcement board order?
An appeal of a final order to circuit court must be filed within 30 days of the order’s execution under §162.11. Some cities also allow a rehearing or a fine-reduction hearing before the board itself, each with its own deadline. Find out which applies to you before the clock runs.
Cited in the City of Miami for work you didn’t do? Call The Code Clinic at (305) 396-1495 for a free review. We pull the history, deal with the City, and handle the hearing. Flat fee. No hourly billing. No surprises.