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CODE ENFORCEMENT BOARD MEETIN - MAY 7, 2015

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, May 7, 2015

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 7, 2015, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Barry K. Asmus.

 

 

Roll Call.

Present: John Patnik, Bob Smith, Manny Quiroga, Rod Buenconsejo, Barry Asmus

 

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, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Richard Sarafan, Village Attorney

Mariana Gracia, Recording Secretary

FIRST HEARING

 

Case(s): 2-15-13684

Owner: Miguel Cordero

Address: 174 NW 95 Street

 

Miguel Cordero was present to testify. Officer Orta gave a brief overview of the violation. The Board asked questions. Mr. Cordero testified that his roof was painted and that most of the roofs around his property are in the same condition as his roof. He continued to testify that he had investigated how many roofs are in violation. The Board addressed Mr. Cordero regarding the amount of roofs that may be in violation. Mr. Cordero testified that he gets a roof violation about every 18 months. The Board asked questions. Mr. Sarafan explains to Mr. Cordero that he is not the only one being cited for dirty roofs. The Board asked more questions.

                         

Motion: with respect to case 2-15-13684 for finding of fact and conclusion of law that there exists a violation of section 6-4a the violator shall correct the violation by June 3, 2015 and shallimmediately 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 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 amount of $50.00 a day, thereafter which will constitute a lien. Further, with respect to this case, costs in the amounts $30.00 are hereby assessed in order to recoup the Village’s expenses in prosecuting the violation to date.”

 

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Motion: Passed Unanimously

Yes: John Patnik, Bob Smith, Rod Buenconsejo, Manny Quiroga, Barry Asmus

 

 

Case(s): 4-15-13894

Owner: Marta Gamallo Martinez

Address: 10528 NW 2 Avenue

 

Mr. Leonard Martinez was present to testify. Mr. Martinez testified that his mother is the owner of the property. He said that the people that built the Chickee Hut told him that it was ok to build it. The Board asked questions. Mr. Martinez testified that he had not gotten any permits for the Chickee Huts. Officer Flores testified that the violation was for code section 523.1. The Board asked Mr. Sarafan to address the ordinance. Mr. Sarafan proceeded to read into the record the code section. The Board told Mr. Martinez that these type of construction is not allowed in Miami Shores. Mr. Sarafan asked to see the paper that the builders had given Mr. Martinez. The Board asked how long it would take him to take the Chickee Hut down.

Mr. Buenconsejo moved to table this case until our next Board Meeting of June 4, 2015, in the meantime he advised Mr. Martinez to research about taking down the Chickee Huts. Motion failed for lack of second.

 

Motion: With respect to case 4-15-13894 I move for finding of fact and conclusion of law that there exists a violation of section 523.1 (10) of Miami Shores Village Code the violator shall correct the violation within 180 days and shallimmediately 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 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 amount of $50.00 a day, thereafter which will constitute a lien. Further, with respect to this case, costs in the amounts $30.00 are hereby assessed in order to recoup the Village’s expenses in prosecuting the violation to date.”

 

Moved by Bob Smith, seconded by Manny Quiroga

Motion: Passed Unanimously

Yes:   Bob Smith, Rod Buenconsejo, Manny Quiroga

No: John Patnik, Barry Asmus

 

 

Case: 4-15-13872

Owner: Uchenna Ukazim

Address: 960 NE 97th Street

 

Uchenna Ukazim was present to testify. The Board asked questions. Mr. Ukazim said he did not understand the violation. He said that he asked them to give him a call before they started the job. He did not receive a call so he called the tree trimming company that said that something happened. He finally got to the bottom of it and spoke to Mike from Public Works. The tree trimming company advised him that everything is being handled between them and the City. Officer Flores testified that Mr. Ukazim just bought the house. Officer Flores gave a brief testimony of what had happened to the trees. Officer Flores continued his testimony by showing a picture of the ruler that the arborists use to measure the trees. He said that the tree has to be replaced by the diameter of the tree with so many other trees to cover the canopy of the original tree. Officer Flores continued to say that in this case the arborist estimated between 10 to 12 smaller oak trees to cover the canopy which came up to about $5,000.00. Officer Flores said that the City arborist had been talking to the tree company (Dynasty tree service) back and forth, but we have yet to see any of the money come back. The Board asked questions. Officer Flores testified that the reason why is so expensive is because the Village requires grade A-1 trees. The Board asked questions. Mr. Ukazim testified that he had not received a call from the tree company before they cut the tree. He said he had looked into getting a civil lawyer to get the matter resolved. Mr. Ukazim explains he is getting the run around from the tree company. The Board asked questions and advises Mr. Ukazim. Mr. Sarafan asked Mr. Ukazim about tabling the item until next meeting. Mr. Sarafan also explains what the compliance order is. The Board asked questions.

 

Motion to table the item until the next meeting June 4, 2015.

 

Moved by Manny Quiroga, seconded by Chairman Asmus

Motion: Passed Unanimously

Yes: John Patnik, Bob Smith, Rod Buenconsejo, Manny Quiroga, Barry Asmus

 

Summary Adjudication for 1st Hearings: Case(s): 1-15-13615; 2-15-13646;2-15-13665; 2-15-13739; 2-15-13753; 3-15-13760; 3-15-13764; 3-15-13779; 3-15-13780; 3-15-13782; 3-15-13786; 3-15-13806; 3-15-13846; 3-15-13847; 3-15-13848; 4-15-13862.

 

 

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 Bob Smith

Motion: Passed Unanimously

Yes: John Patnik, Bob Smith, Rod Buenconsejo, Manny Quiroga, Barry Asmus

 

 

PENALTY HEARING

 

Case(s): 3-15-13822

Owner: James Thomas Black, Timothy James Marsh

Address: 897 NE 91 Terrace, Miami Shores, FL 33138

 

Officer Flores asked questions to Mr. Marsh. Mr. Marsh asked questions. Mr. Marsh testified of their intention to have architectural plans drawn and their intent to renovate the house. Officer Flores offered to take the item off the agenda.

Case removed from agenda.

 

Summary Adjudication for Penalty Hearings: Case #’s: 11-14-13511; 12-07-3271; 12-07-3273; 2-15-13670; 2-15-13678; 2-15-13712; 3-15-13762; 3-15-13763; 4-07-1897; 4-07-1898; 4-09-5649; 4-14-12595; 9-06-1152.

 

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

Yes: Rod Buenconsejo, John Patnik, Manny Quiroga, Bob Smith, Barry Asmus. 

 

 

REQUEST FOR RELIEF

 

Case(s): 4-10-7046

Owner: Andrea Coulton Ganes & Craig Ganes

Address: 10669 NE 10 Place, Miami Shores, FL

 

The Board presented the case and asked questions. Ms. Ganes was present and testified that she was not aware that there was a lien. She said she knew about a violation in 2010. Ms. Ganes proceeded to provide more information regarding her lack of knowledge about the lien. She said she never heard from Mr. Flores back so she assumed that the violation was cured. She testified she did not hear anything until January of this year (2015). That is when she became aware of the lien. At which point she contacted the City and spoke to Mariana who advised her of the amount of the lien. Mariana then said Ms. Ganes needed to speak to Mr. Flores. Ms. Ganes testified that she came to the City next day and spoke to Mr. Flores who told her mail had gone out to her via certified mail. The Board asked questions. Ms. Ganes said that when the property was posted she contacted Mr. Flores to let him know that she was not able to afford to re-sod the lawn. Ms. Ganes testified about her husband being unemployed for five years and about his medical procedures undergone. Ms. Ganes testified she assumed she had corrected the violation. Mr. Sarafan asked questions. The Board asked questions. Ms. Ganes testified about the way she had gone out of her way to comply. Mr. Flores testified that he had spoken to Mr. Ganes and that when he inspected the property it did not comply with code. The Board asked questions. Ms. Ganes amended her offer to $1,000.00 – in 120 days.

 

No Motion was put forward – failed for lack of Motion

 

Case(s): 5-11-8608; 6-13-11536; 6-13-11537

Owner: Joseph Bassett & Joanne Green

Address: 270 NE 104 Street, Miami Shores, FL 33138

 

The attorney Leana De Lanove for Fannie Mae was present along with Joseph Bassett, Joanne Green and their son Joseph Bassett. The attorney said that the violations were issued prior to Fannie Mae owning this property. Attorney De Lanove presented her case for reducing the liens. The Board asked if they were aware of the offer made previously of $10,500.00 and that it was denied. The Board asked more questions. Mr. Bassett testified that they were aware of this and they are just looking forward to moving in. The Board asked questions. Ms. Green testified that they had budgeted for the renovations needed at the house. The Board asked questions. The Board asked questions. Officer Flores testified that he would like to see someone move in and make the necessary repairs.

 

Motion: Motion for $3,000.00 payable within 30 days made by Bob Smith, failed for lack of second. Motion amended that upon payment of $5,000.00 by the proposed buyer present at this hearing only, within 30 days that the liens be released.

Moved by Bob Smith, seconded by Manny Quiroga

Vote: Passed (Yes=3, No=2, Abstain=0)

Yes: Bob Smith, Manny Quiroga, John Patnik

No: Rod Buenconsejo, Barry Asmus

 

 

Case(s): 12-11-9317; 12-07-3292

Owner: Camille Denis

Address: 10330 NW 2 Avenue, Miami Shores, FL 33138

 

Mr. Dennis was sworn in. Attorney Erica Whittler was present and wished to present her case. She testified that she did not know who signed for the notices. She testified that Mr. Dennis was a divorcee and had no knowledge of anything that came to the house because the now deceased ex-wife was there. Ms. Whittler testified that only after the ex-wife passed away only then did Mr. Dennis entered the property. At this point he discovered the horrible conditions under which the house was. As soon as he discovered the violations he brought the property into compliance. Ms. Whittler testified that the house was worth less than what Mr. Dennis had put into it. Mr. Sarafan showed Ms. Whittler the certified receipts that were signed. Ms. Whittler agreed that the signature looked like Marie Dennis now deceased. Ms. Whittler did not agree that the lien be now enforced against Mr. Dennis. Mr. Sarafan asked questions. Ms. Whittler testified that Mr. Dennis was an owner pursuant to the couple’s agreement. However, he had nothing to do with the house. Mr. Sarafan clarified that the co-owner did not keep the house as to prevent it from accruing liens. Mr. Dennis testified that Ms. Dennis had let the house deteriorate both inside and outside. Mr. Sarafan clarified that under the law it’s really not up to the Village to decide between the co-owners. Ms. Whittler says that she did understand and she had read the Board’s decision last time Mr. Dennis came in. She read in the letter of denial. She finds it very unreasonable that anyone would have Mr. Dennis who had no knowledge to have to pay it. Mr. Sarafan clarified what was being asked of Mr. Dennis. The Board asked questions. The Board asked questions. Ms. Whittler sets forth the options they have in regards to the property. Mr. Dennis amended his offer to $1,500.00 payable within 30 days. 

 

Failed for lack of Motion

 

 

Case(s): 6-14-12804

Owner: Melissa Latus & Michael Morris

Address: 120 NE 91 Street

 

Melissa Latus was present. The Board asked questions. Ms. Latus testified that there was a misunderstanding regarding the violation. She testified that because the house was a historic house therefore they could not pressure clean the roof. The Board asked questions. Mr. Sarafan clarifies the violation was also dirty roof and missing tiles. The Board asked questions. Ms. Latus testified that she did not know about the lien until she came in to see Barbara and they looked at her property. Ms. Latus made the offer of $500.00 payable within 30 days.

 

Motion: I move that upon payment of $500.00 within 30 days that the lien on this property be released.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Vote: Passed (Yes=4, No= 1, Abstain= 0)

Yes: Manny Quiroga, Bob Smith, Rod Buenconsejo, John Patnik

No: Barry Asmus

 

 

Case: 5-11-8552; 10-13-11941; 11-11-9178; 8-11-8848; 5-11-8551

Owner: Greg Nordone for Morgan Nordone

Address: 725 NE 91st Street #3D, 717 NE 91 Street #3B, Miami Shores, FL

 

Greg Nordone was present. The Board asked questions. Mr. Nordone testified that his brother Morgan had some medical problems. Mr. Nordone testified that Morgan had ignored all of the notices due to his medical issues. Mr. Nordone testified that they only found out about the liens when they went to sell the property that his father had left them in his will. He testified that they had worked diligently to bring the properties into compliance. Mr. Nordone testified that Morgan had only tried to improve the property. The Board asked questions. Mr. Sarafan asked questions. Mr. Nordone said that it is the family’s intention to get Morgan out of the properties. The Board asked questions. Mr. Nordone testified that he would not foresee any other problems due to his brother not having the money to do so. Ms. Kettle testified about her son’s condition. The Board asked questions. Mr. Nordone testified about his brother’s perceived conflict with the City. Officer Orta testifies about how things got better once the family got involved. Mr. Nordone amended his offer to pay $10,000.00 within 60 days.

 

 

 

Motion: I move that upon receipt of $10,000.00 payable within 60 days that the liens be released on both properties.

Moved by Manny Quiroga, seconded by Bob Smith

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

Yes: Manny Quiroga, John Patnik, Bob Smith, Rod Buenconsejo,Barry Asmus.

 

 

Case: 1-14-12267

Owner: Eduardo Castro

Address: 287 NE 101 Street, Miami Shores, FL

 

Mr. Eduardo Castro was present. The Board asked questions. Mr. Castro testified that he did not receive notice until the last notice of lien he got. He then spoke to Officer Flores and complied.  He is here today only because he is refinancing the house. The Board asked questions. Mr. Castro asked so see the pictures in the file. He then proceeded to testify that he had worked diligently to correct the violation. Officer Flores testified that Mr. Castro did not completely understand the conversation they had, and truly there was a misunderstanding. Mr. Castro agreed. He then said that once he found out about the fines he moved to correct it. Mr. Castro offered to pay $200.00 payable within 30 days.

 

Motion: I move that upon receipt of $200.00 payable within 30 days that the lien on this property be released

Moved by Rod Buenconsejo, seconded by Bob Smith  

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

Yes: Bob Smith, Rod Buenconsejo, Manny Quiroga, John Patnik, Barry Asmus

 

 

Case: 6-10-7239

Owner: Rio Giardinieri

Address: 691 NE 94th Street, Miami Shores, FL

 

Mr. Rio Giardinieri was present. The Board asked questions. Mr. Giardinieri testified that he had lived for 20 years in the Shores. At this time there was an issue with parking at his property. The continuous parking on the grass contributed to the grass dying. He testified he had re-sodded numerous times. He had also seeded. He testified that the oak tree would not allow for the grass to grow. He said they hired an irrigation company to resolve the issue. He said he never found there was still an issue until he spoke to Officer Orta who told him. He testified that due to the economy downfall he had to get a job in North Carolina to support his family. Because of this he was not present at home to get the mail and follow through with it. The Board asked questions. Mr. Giardinieri amended his offer to $300.00 payable within 30 days. 

 

Motion: I move that upon receipt of $300.00 payable within 30 days that the lien on this property be released

Moved by Rod Buenconsejo, seconded by Bob Smith    

Vote: Failed (Yes=2, No= 3, Abstain= 0)

Yes:   Bob Smith, Rod Buenconsejo,

No: Manny Quiroga, John Patnik, Barry Asmus 

 

 

Case: 7-14-12944; 7-14-12945; 7-14-12869

Owner: B & F Properties 1, LLC

Address: 11225 NW 5th Avenue

 

Brandy Pollack was present. He said that his partner was the one that had been in charge of the property. He wished to raise his offer to $2,000.00. He testified that his partner had misunderstanding with Staff regarding the wooden post and swale area. Mr. Pollack expresses his desire to get the matter resolved. The Board asked questions. Mr. Pollack testified that the property was purchased in June, 2014. The Board asked questions. After the fact he got all the permits, did all the work and brought everything into compliance. The Board asked questions. Officer Flores corroborates the whole story. He added that the house is in its best condition. Mr. Pollack amended his offer to $2,000.00 payable within 30 days.

 

Motion: I move that upon receipt of $2,000.00 payable within 30 days that the liens on this property be released

Moved by Rod Buenconsejo, seconded by Manny Quiroga    

Vote: Passed (Yes=4, No= 1, Abstain= 0)

Yes: Manny Quiroga, Bob Smith, John Patnik, Rod Buenconsejo

No: Barry Asmus

 

 

Case: 12-14-13555; 5-14-12619

Owner: 103 Street LLC

Address: 22 NW 103 Street, Miami Shores, FL

 

Tim Marsh was present and wished to testify. The Board asked questions. Mr. Marsh testified that the violations were produced by the contractor. The Board asked questions. Mr. Marsh amended his offer to $2,500.00 payable within 30 days.

 

Motion: I move that upon receipt of $2,500.00 payable within 30 days that the lien on this property be released

Moved by Rod Buenconsejo, seconded by Chairman Asmus    

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

Yes: Manny Quiroga, John Patnik, Bob Smith, Rod Buenconsejo, Barry Asmus.

 

 

Case: 2-09-5416

Owner: Federal National Mortgage Association

Address: 3 NE 110 Street, Miami Shores, FL 33161

 

Jennifer Barnette, Esq. on behalf of Federal National Mortgage Association. Ms. Barnette expressed her discoveries of our procedures. Mr. Sarafan explains the procedure. Ms. Barnette said that her client received the property from a foreclosure. They then got the property into compliance. She added that as far as they are concerned the code violation had been accruing before the mortgage was recorded and was actually extinguished when the judgment took place. They are here today in good faith to prevent a future issue with title when they are closing in the future. They only offered $30.00 because they felt this is not an issue after the foreclosure. The Board asked questions. Ms. Barnette was not sure of the answers. Mr. Sarafan asked for clarification about the violations timeline. The Board asked questions. Ms. Barnette said that she was not aware of any contract on the property. The Board asked questions. Ms. Barnette amended her offer to $500.00 payable within 30 days.

  

Motion: I move that upon receipt of $500.00 payable within 30 days that the lien on this property be released

Moved by Bob Smith    

Vote: Failed for lack of second

  

Mr Sarafan spoke about the Sims case that had come to the Board and got denied, they came a second time and got denied again. They appealed the case in court. Mr. Sarafan gave the Board more information about the Appellate decision. The Court did find that the order granting request for relief which was an old form needed to have findings of fact. Mr. Sarafan says that opposing counsel moved for rehearing and clarification of that. Mr. Sarafan goes into details about the Court procedure. Mr. Sarafan says that in his view all the Court wants the Board to do is based on the record that is before you previously, that you enter the findings of fact and conclusions of law and given the standard that is in the ordinance for what you would look at the only findings of fact and conclusion of law that makes sense in light of the Boards denial is a finding of fact and conclusion of law that they alleged extraordinary circumstances. What was before the Board in 2013 was a Request for Relief the Board denied that Request for Relief. He goes on to say the standard for Request for Relief is unusual exceptional circumstances that make it inequitable to enforce the full amount of the lien. You denied the Request for Relief. Mr. Sarafan says that he believes having been there, hearing it and knowing the Board is that you denied it because you did not find unusual and exceptional circumstances that made it inequitable to enforce it. That’s the finding of fact that I need. That the Request for Relief is denied because of that. All I would like is a Motion that we include findings of fact and conclusions of law that says this on the Sims case. Mr. Quiroga, with respect to the Sims case I move for a finding of fact and conclusion of law that extenuating circumstances did not exist for us to accept the proposed amount. Mr. Sarafan, what I would like you to say: Is that the evidence presented in support of the application. Mr. Quiroga, With respect to the Sims case I move for a finding of fact and conclusion of law that the evidence presented in support of the application including such testimony as the Board found credible was not sufficient to establish the existence of unusual and exceptional circumstances that would make it inequitable to enforce the applicable liens to the full extent of its accrual. Seconded by Chairman Asmus. Approved unanimously.

Mr. Sarafan will present to the Board a proposal to deal with these different circumstances for voting. The Board asked questions. Mr. Sarafan explains the different circumstances under which to use this resolution #2015-1. Mr. Quiroga moved to approve, Chairman Asmus seconded it. Approved Unanimously.

 

MINUTES

Code Enforcement Board April 2, 2015 minutes were approved as amended.

Moved by John Patnick -   Seconded by Chairman Asmus

Approved unanimously

  

NEXT MEETING

The next meeting will be on June 4, 2015

 

 ADJOURNMENT

May 7, 2015 Code Board meeting was adjourned

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                              Barry K. Asmus, Chairman