LimeBike Memorandum of Understanding

CODE ENFORCEMEN BOARD MEETING JUNE 05, 2014

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, June 05, 2014

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 05, 2014, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers.

 

Roll Call.

Present: Barry Asmus, John Patnik, Bob Smith, Barry Perl, Manny Quiroga,

Rod Buenconsejo, Chairman Robert Vickers.

 

 

In Attendance

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

 

FIRST HEARING

 

Case: 5-14-12620

Owner: Ahsha Rolle

Address: 590 NE 96 St.

Sec. ; 12-82: Nondwelling Structures and Fences

Sec. ; 12-133: Unsightly Fascia, Soffit, House Exterior

Sec. ; 20-31: Failure to Maintain Sidewalk.

 

Code officer Mike Orta gave summary of case and violations of front driveway- roof above rear structure and sidewalk dirty. Pictures were presented of property to Mr. and Mrs. Rolle and board members as evidence of violations. Parents of Ahsha Rolle owner, were present and did not agree with violation to clean sidewalk since it is city property. Board members gave comments and explained section of code states sidewalk must be maintained by property owner. Mr. and Mrs. Rolle requested 30 days to remedy violations.

 

 

MOTION: With respect to case(s): 5-14-12620 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-82; 12-133; 20-31of the Miami Shores Village Code. “The offending party shall correct all such violations within 30 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Motion approved unanimously.

 

 

Case: 5-14-12621

Owner: Ahsha Rolle

Address: 590 NE 96 St.

Sec. ; 12-103; Hazardous Conditions

Sec. ; 12-126; Foundation Walls

 

Code officer Mike Orta gave summary of case and violation; columns supporting roof above front door deteriorating. Mr. Orta stated he had given pictures to Ismael Naranjo, Building Official and he was very concerned and would be contacting Mr. and Mrs. Rolle for an inspection. Mr. Rolle stated columns are purely cosmetic and do not have any steel in them. Board asked questions regarding esthetics and code officer stated they are deteriorated.

 

Motion: Table case pending inspection by the building official. Date set to next meeting on July 11th 2014.

Moved by Rod Buenconsejo, seconded by Barry Asmus.

Motion approved unanimously.

 

 

Case: 2-14-12304

Owner: Sandra Pallo

Address: 898 NE 91 Terrace

Sec. ; 5-21; Pet Limitation Control

 

Owner Sandra Pallo was not present. Code Officer Mike Orta gave summary of case and violation; excessive number of cats on property. No more than four cats per property. Written request for continuance from owner’s attorney is presented to board and staff states that extension was denied by the code officer. Board also agrees to deny continuance. Pictures are presented to board members that show more than four cats on property. In November 2013 code officer received complaint about multiple cats on property and Code Officer Spoke to Ms. Pallo and she stated she picked up cats and neutered them and then tried to adopt them but more than four cats reside at the property and therefore a Notice of Violation was sent in February of 2014. Ms. Pallo has multiple bowls of food and water that sit outside of her home. Mr. Orta with neighbor’s permission placed a trap on the neighbor’s property and trapped about 25 cats that were taken to an animal shelter in Medley and then were kept there, but now there is a program that is called T and G that tags, neuters and returns cat to location which it came from. Seth Herman neighbor was present, and stated they had spoken to Ms. Pallo about trying to help adopt cats and she refused any type of help. They contacted code enforcement because of cats and all the problems they are bringing to neighborhood. The cats do not look healthy. Board members asked questions.

 

Mr. Michael Beck arrived while case was being presented and stated he is Co-owner and resides at the property.

Mr. Beck gives comment of Miami Dade animal control and Miami Dade health department were contacted and have visited the property but they do not have a final report on their findings therefore that is why they asked for a continuance of the case. Chairman Vickers asked Mr. Beck if he agreed there was a violation and Mr. Beck did not comment if he agrees about violation.

Board gives comment about seriousness of violation and how it is affecting neighbors and quality of life.

 

 

MOTION: With respect to case(s): 2-14-12304 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 5-21 of the Miami Shores Village Code. “The offending party shall correct all such violations within 30 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Barry Perl, seconded by Bob Smith

Vote: Motion passed (Summary: Yes = 4 , No = 3, Abstain = 0).

Yes: Bob Smith, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

No: Barry Asmus, John Patnik, Rod Buenconsejo.

 

Case: 5-14-12654

Owner: Gregory Greer

Address: 1080 NE 104th St.

Sec. ; 501 (18) Boat on property

 

Code officer Anthony Flores gave summary of case and violation of Boat parked/stored in front of property is prohibited and stated he spoke to Mr. Greer about violation and Mr. Greer said there wasn’t anywhere else to store boat and that is where it was going to stay. Chairman Vickers asked Mr. Greer if he agreed there was a violation and he stated yes. FPL placed a lower pole in the side yard and that is why he cannot park boat on the side. Board members commented he would have to find a way to fix electric pole or relocate boat outside of property but it could not stay in front of the home.

 

MOTION: With respect to case(s): 5-14-12654 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 501 (18) of the Miami Shores Village Code. “The offending party shall correct all such violations within 30 days and shall immediately notify the Code Enforcement Officer when the property is brought into compliance. If the violation is not brought into compliance by that time, the Code Enforcement Officer may report back to the Board and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Barry Perl, seconded by Rod Buenconsejo

Motion approved unanimously.

 

Summary Adjudication for 1st Hearings:

Case #’s: 1-14-12267; 2-14-12345; 2-14-12346; 2-14-12364; 2-14-12370; 3-14-12431; 3-14-12441; 4-14-12484; 4-14-12487; 4-14-12488; 4-14-12506; 4-14-12506; 4-14-12519; 4-14-12525; 4-14-12541; 4-14-12585; 4-14-12613; 4-14-12614; 4-14-12615; 4-14-12616; 4-14-12617; 5-14-12618; 5-14-12695; 5-14-12753

 

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, which will constitute a lien on the property of the violator. 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 Rod Buenconsejo.

Motion approved unanimously.

 

PENALTY HEARING

 

No one present for penalty hearings

 

Summary Adjudication for Penalty Hearings:

Case #’s: 10-13-11897; 10-13-12030; 11-13-12112; 1-14-12203; 2-14-12339; 3-14-12428; 3-14-12429; 3-14-12442; 3-14-12443; 3-14-12444; 3-14-12445; 3-14-12446; 3-14-12447; 3-14-12448; 4-14-12500.

 

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

Motion passed unanimously.

 

 

 

REQUEST FOR RELIEF

 

Case(s): 9-10-7711

Owner: Ricardo Estrada

Address: 290 NW 92 St.

 

Mr. Estrada was present as owner and stated he was aware of violations but was not in a position to remedy violation. He is now trying to modify home loan and needs lien released. Board members asked questions regarding signature of notice of violation and make comments to violation only being bad grass. Offer to pay $600 payable within 60 days.

 

Motion: Upon payment of $750 payable within 90 days the lien be released.

Bob smith, no second.

Motion failed.

  

 

 

Case(s): 11-07-3193; 12-11-9310

Owner: Frederic Puren

Address: 9179 N Bayshore Dr.

 

Property owner Frederic Puren was present and stated the violations were not incurred by him and he bought property but did not know that to remedy violations he would have to tear down property because of a 50% rule of construction that does not allow you to remodel home more than it is worth. Board members asked questions regarding purchase price and if Mr. Puren had done enough research prior to buying property. Board asks if amount owed to village was put in escrow and Mr. Puren stated it was and upon closing his attorney returned that money to him. Board would like to see settlement statement to see why the money was returned to owner rather than village. Code officer also makes note to board that legal department has requested that if a motion is made that legal fee’s owed be paid prior to a release being given. Offer to pay $20,000 payable within 60 days.

 

Motion: Upon payment of $20,000 plus all the heretofore unknown exact amount of legal fee’s due to Miami Shores Village be paid within a period of 75 days and the liens on this property be released.

 

Moved by Bob Smith, seconded by Chairman Robert Vickers

Vote: Motion failed (Summary: Yes = 3 , No = 4, Abstain = 0).

Yes: Bob Smith, Manny Quiroga, Chairman Robert Vickers.

No: Barry Asmus, John Patnik, Barry Perl, Rod Buenconsejo.

 

 

 

Case(s):2-13-10926

Owner: Marcelo and Gladys Vaccaro

Address: 941 NE 92 St.

 

Mrs. Vacarro and son Agusto were present and stated that when Mrs. Vacarro spoke to code officer she did not really understand how to remedy violation of landscaping and she did plant flowers and try to make it more esthetically pleasing. When the NOV was mailed she was in Argentina because mom grew ill and passed away and after receiving lien letter she realized she was not in compliance and then spoke to code officer again and remedied violation. Board members made comments that property did not look that bad and extension given to come into compliance was granted by the code officer’s discretion. Offer to pay $100 payable within 30 days.

 

Motion: Accept offer of $100 to release lien on property.

 

Moved by Rod Buenconsejo, seconded by Bob Smtih.

Vote: Motion passed (Summary: Yes = 4 , No = 3, Abstain = 0).

Yes: Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo.

No: Barry Asmus, John Patnik, Chairman Robert Vickers.

 

 

Case(s):3-11-8349; 3-11-8265; 3-11-8266

Owner: Lybra Real Estate Corp.

Address: 1173 NE 104th St.

 

Mr. Gellman was present as attorney for owner that lives in Italy. Tenant at property caused violations and he was evicted. Mr. Argo never received notices even though they were mailed to property Management Company. Mr. Argo met with code enforcement officer and remedied violations quickly after learning about problems. Offer amended to $5000 payable within 30 days.

 

 

No motion made.

 

 

 

Motion: Approval of Minutes for June 2014.

Moved by Barry Asmus, John Patnik

Vote: Motion passed unanimously.

 

 

Board member Barry Perl proposes that when listening to requests for reliefs of the same property for a second, third or fourth time that we move directly to is that your final offer tonight. There does have to be a balance so that people can speak but that it shouldn’t monopolize the time of the board and others that are attending the meeting. If a board member was not present they can summarize information but board chair can guide way so that if there is any new evidence to be presented than that would be okay but not to restate case.

 

NEXT MEETING

The next meeting will be on July 11, 2014

 

ADJOURNMENT

June 05, 2014 Code Board meeting was adjourned

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman