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Code Board Meeting Minutes April 7, 2016

CODE ENFORCEMENT BOARD MEETING MINUTES

  Thursday, April 7, 2016

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 7, 2016, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers.

 

Roll Call.

Present: Patrick Huber, Robert Smith, Rod Buenconsejo, Barry Perl, Barry K. Asmus, Manny Quiroga, Chairman Robert Vickers.

 

Will everyone that is going to testify tonight please raise your right hand and swear to tell the truth, the whole truth and nothing but the truth.

 

In Attendance

Anthony Flores, Code Enforcement Supervisor

Mike Orta, Officer, Code Enforcement

Jesus Suarez, Attorney

Mariana Gracia, Clerk

 

FIRST HEARING

 

No one present for this cases.

Summary Adjudication for 1stHearingsCase(s): 10-15-14616; 1-16-14819; 12-15-14764; 2-16-14965; 2-16-14967; 2-16-14968; 2-16-14972; 2-16-14973; 3-16-15027; 3-16-15030; 3-16-15031; 3-16-15033; 3-16-15047; 3-16-15065; 5-14345.

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Motion:I move for summary adjudication of all such cases to include a finding of fact and conclusion of law that a violation exists as charged in the respective notice of violations issued therein and that, in each such case, the offending party shall correct the violation within time period specified and immediately notify the Code Enforcement Officer when the property is brought into compliance. In each such case, if the violation is not brought into compliance within such time period, the Code Enforcement Officer may report this fact back to the Board in accordance with the Board’s Rules and Regulations at which time a fine is hereby authorized to be automatically assessed against the violator. In the respective daily amounts specified in staff’s recommendations for tonight’s hearing, retroactive to the original compliance deadline. Further, with respect to each such case, costs in the amounts specified in Staff’s recommendations for tonight’s hearings are hereby assessed in order to recoup the Village’s expenses in prosecuting the violations to date.”

Moved by Manny Quiroga, seconded by Barry Asmus

Motion: Passed Unanimously

 

 

PENALTY HEARING

 

No one present for this hearing.

Summary Adjudication for Penalty Hearings:Case #’s: 1-16-14844; 12-15-14765; 2-16-14854; 2-16-14858; 2-16-14917; 4-13-11218.

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Motion:I move that, in each case currently remaining on the penalty docket for tonight’s hearing, each respective violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed against them by prior order of the Board, retroactive from the day the violation was to have been corrected, that upon recording, the Board’s Order in this regard will constitute a lien on the property of the violator.

 

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

REQUEST FOR RELIEF

 

Case(s): 4-15-14006; 4-15-14007

Owner: Rita Gonzalez

Address: 1273 NE 92ndStreet

 

Ms. Rita Gonzalez and her family was there to testify. Ms. Gonzalez’s son testified that they never received notice for these liens. The Board asked questions. Ms. Gonzalez testified that they Quit-Claimed that house a month ago. Mr. Quiroga asked to be able to ask the question about title insurance in Spanish. The question was asked. The answer was no they did not buy title insurance when they bought the house. The Board asked questions. Ms. Gonzalez testified that yes they were aware of the liens when they bought the house a month ago. Ms. Gonzalez testified that her friend at JJ Global bought the house for them as a favor. The Chairman made clear that they were aware of the liens when they bought the property. Mr. Perl called for point of order. The Board asked questions. Offer was amended to $1,000.00.

Motion: That upon receipt of $1,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Barry Perl

Vote: Passed (Yes=5, No=2, Abstain=0)

Yes: Patrick Huber, Bob Smith, Barry Perl, Manny Quiroga, Chairman Vickers

No: Barry Asmus, Rod Buenconsejo

 

 

Case(s): 6-10-7239 

Owner:Rio & Luz Giardinieri

Address: 691 NE 94thStreet

 

Mr. Giardinieri and Ms. Giardinieri were present to testify. Mr. Giardinieri testified that he had the extra driveway done. They were then made aware of the lien on the property by a notice in the mail. He came to the Village to take care of it. He was turned down for the loan because of the lien. He testified that they are longtime residents of Miami Shores and take care of their property. The Board asked questions. Officer Orta t estified that the house is in great shape. Ms. Giardinieri testified that the receipt for the sod that was bought was presented at the last meeting. 

 

Motion: That upon receipt of $1,000.00 payable within 30 days that the lien be released.

Moved by Barry Perl, seconded by Bob Smith

Vote: Passed (Yes=6, No=1, Abstain=0)

Yes: Patrick Huber, Bob Smith, Barry Perl, Rod Buenconsejo, Manny Quiroga, Chairman Vickers

No: Barry Asmus

 

 

Case(s): 8-11-8923; 3-08-3768

Owner: Citi Mortgage, Inc.

Address: 135 NE 98thStreet

 

Attorney Marlon Hyatt with Glasstone Law Group PA representing Citi Mortgage was present to testify. Mr. Al Pina with the non for profit organization was present to testify. The Attorney testified that the house was foreclosed and that they had obtained title to the house last year. He is prepared to raise the offer to get this matter resolved. Mr. Al Pina testified that their non-profit rebuilds homes and sells them to veterans for the most. He testified that this home fits their forte. He testified that they had built about 70 homes and they most of the time sell in 48 hours. They help the veterans in many ways. The Board asked questions. Mr. Pina testified that their main concern it to help veterans. The Board asked questions. Mr. Pina testified that they keep the prices of the homes at the same value of the homes surrounding. Mr. Pina testified that he can assure the Board that every permit will be taken. 

 

Motion: That upon receipt of $20,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Manny Quiroga

Vote: Passed Unanimously

Yes: Patrick Huber, Barry Asmus, Bob Smith, Barry Perl, Rod Buenconsejo, Manny Quiroga, Chairman Vickers

 

Case(s): 7457; 7459; 9-06-1205

Owner: Alix J. Louis

Address: 161 NW 108 Street

 

Mr. Alix Louis was present to testify.  He testified that he lived in Miami Shores for 29 years but for the past 10 years he had to go back to New York and rent the property. He testified that he had taken care of the issues with the house but he did not report it. Mr. Louis did not know anything about the liens. He did not receive anything regarding the liens. He testified that the Tenant did not tell him about the letters. The Board asked questions.   Mr. Louis testified that he had changed the address with the City but he never received any mail. He testified that he wants to move back to the house. The Board asked questions and made statements. Mr. Louis testified that he had fixed the violation but he did not get a permit for it nine years ago. Officer Flores testified that the driveway issue was not cured. The Board asked questions. Officer Flores testified that Mr. Louis did not take any action when he was asked to. The Board asked questions. Officer Flores testified that the violations were visible through the rear of the house. Mr. Louis testified that he is contemplating on refinancing the house. 

Failed for lack of Motion

 

Case(s): 8-13-11753

Owner: Fannie Mae

Address: 101 NW 108 Street

 

Raul Pineiro Broker for Fannie Mae was present to testify. He testified that the house had been vandalized a few times. He testified that he had trouble getting the occupant out of the house. The Board asked questions. April or May of last year they took possession of the house. The Board asked Staff questions. Officer Flores concurs with Mr. Pineiro’s testimony. The Board asked questions and made statements. Mr. Pineiro testified that the eviction took place last year. Mr. Pineiro testified that when he gets possession of a house he always does a lien search. He testified that he does not know why the bank had not done a lien search before. The Board asked questions.

 

Motion: That upon receipt of $2,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Bob Smith

Vote: Passed (Yes=4, No=3, Abstain=0)

Yes: Patrick Huber, Bob Smith, Rod Buenconsejo, Chairman Vickers

No: Barry Asmus, Barry Perl, Manny Quiroga

 

Case(s): 3-13-11102; 3-13-11100; 3-13-11098

Owner: Gloria R. Mashack

Address: 72 NW 97 Street

 

Ms. Gloria Mashack was present to testify. Ms. Mashack testified that since July of 1988 she has been a proud resident of Miami Shores. She testified that she did not know that when she took care of a violation that she needed to call to inform the Village. Once she realized that she did need to she always did. She found out about the liens when she tried to do a loan modification. She testified that she had a meeting the Mr. Orta on the 10thof November which she did not have because Mr. Orta was not working that day. Ms. Mashack testified that she looked into her options and also spoke to Mr. Benton and he told her what her options were. She expressed she is currently undergoing financial hardship. She testified that she had made some adjustments to the lien amounts because she had addressed the issues before the compliance date on record. The Board asked questions. Ms. Mashack testified she had painted the house on various times. She testified she did not know she needed a permit. She spoke about the tree that shades her yard and does not allow grass to grow. She testified that she did not know that it was a violation not to have grass there. She testified that she had the tree trimmed and put some sod down. Officer Orta testified that one of the cases was brought to him by a neighbor. The Board asked questions. Ms. Mashack explained how she arrive at the amount she is offering now. She testified that due to her daughter’s illness she is currently financially strapped. The Board asked questions. 

 

Motion: That upon receipt of the amount of $1,632.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed (Yes=4, No=3, Abstain=0)

Yes: Patrick Huber, Bob Smith, Rod Buenconsejo, Chairman Vickers

No: Barry Asmus, Barry Perl, Manny Quiroga

 

MINUTES

Minutes for March 3, 2016

Motion by Barry Asmus, seconded by Patrick Huber

Passed Unanimously

 

Board member’s discussion took place.

 

NEXT MEETING

The next meeting will be on May 5, 2016

ADJOURNMENT

April 7, 2016 Code Board meeting was adjourned 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                              Robert Vickers, Chairman