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A SIGN THAT MORIARTY IS AFOOT IN SOUTH BEACH
June 17, 2014
By David Arthur Walters
MIAMI MIRROR
MIAMI BEACHIt does not take a Sherlock Holmes to suspect a violation of law where the very
name of his archenemy, the Napoleon of violators, is prominently displayed in an outrageous
request for a pardon for obviously unlawful behavior. Several flagrant signs appear on the
construction fence at 120 Ocean Drive, where yet another luxury condominium building is
being erected, proving that Moriarty is afoot in South Beach. Caveat emptor.

None of the signs bear the contractors license number as required by the Florida Statutes:
Section 489.119 (5) (b) specifies that, The registration or certification number of each
contractor shall appear in each offer of services, business proposal, bid, contract, or
advertisement, regardless of medium, as defined by board rule, used by that contractor or
business organization in the practice of contracting.
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And the signage is probably not permitted by the City of Miami Beach. With this prima facie
violation of a simple code, would it not be wise to suspect that more serious violations exist in
the construction as well, perhaps at great risk to the publics safety and welfare?

Temporary construction signs are supposed to be reviewed and permitted by the Planning
Depatment. No sign without the contractors license number should be permitted inasmuch as
that would constitute the citys approval of a violation of state law.
Construction sign permits are rarely applied for because the Code Compliance Department
does not enforce the code unless someone complains about specific signs. That is, the Code
Compliance Department engages in selective enforcement in respect to signage, as it does in
regards to other violations, such as violations of the sidewalk caf code.
George Castell, Code Compliance Department Administrator, has stated in an email that there
is no fine for illegal signs. However, the signange ordinance provides for referal to the citys
Special Master (magistrate), who imposes fines for ordinance violations.
The citys Building Official, Mariano Fernandez, washed his hands of any responsibility for illegal
signs, in a recent email, although, according to the ordinance, he is indeed responsible for
permitting, and may initiate a process for removal of signs. Miami Beach Code Sec. 138-41
species that, Except as provided in this chapter no sign, whether permanent or temporary,
shall be erected, constructed, posted, painted, altered, maintained, or relocated until a permit
has been issued by the building official. And Sec. 138-11 (c) states that, The building official
may initiate proceedings that result in the removal of any sign erected or maintained without a
permit.
City Attorney Raul Aguila has confirmed that the Building Official may initiate that process, but
at his discretion. Discretion is a word that historically entails sovereign immunity for
misconduct; that is, discretion is a license for indiscretion.
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As for the determination of whether or not particular construction signs are permitted, the
system is opaque. It takes up to two months for the Planning Department and Building
Department to respond to public record requests for that information, and its staff has stated
that signage permits are often not applied for because the Code Compliance Department does
not enforce the law.

Ad hoc permit decals are on bottom right corners of construction site signs on Washington Avenue
Now it is easy to determine whether or not a temporary real estate sales or rental sign is
permitted. The ordinance in that regard requires the purchase of a permit decal for $25, which
must be affixed to the sign itself. No such fee or permit decal is required on temporary
construction signs. However, some contractors and architects do purchase decals to affix to
construction signs, which is not strictly appropriate, but may be done since dealing with the
Planning Department over signs is an ordeal.

My suggestion that the code be amended to require permit decals to be affixed to construction
signs as well, and/or to register permitted signs in the online permit record system, along with
other suggestions for the improvement and enforcement of signage code, has gone
unacknowledged by the city manager and city commissioners, perhaps because they believe
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signage code is insignificant, although it is in fact significant of the traditional negligence and
misprision of city and state officials. It is high time that they recognize the difference between
Good and Evil.
Good (Left) and Evil (Right) Origin in same sign maker?

--XYX--


Professor James Moriarty