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CODE ENFORCEMENT BOARD MEETING-APRIL 2, 2015

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, April 2, 2015

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 2, 2015, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers.

Roll Call.

Present: Robert Vickers, John Patnik, Bob Smith, Manny Quiroga, Rod Buenconsejo, Barry Perl

Absent: 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

Jesus Suarez, Deputive Village Attorney

Mariana Gracia, Recording Secretary

 

 

FIRST HEARING

 

Case(s): 2-15-13643

Owner: 105 NW 92 LLC c/o Edward Riczo

Address: 105 NW 92 Street, Miami Shores, FL

 

Edward Riczo the homeowner was present to testify. Officer Flores testified that the violation is for multiple expired permits. Mr. Riczo agreed that this was true. He testified that he is a general contractor in Miami Shores therefore he knows Officer Orta and Officer Flores. He added that he had a meeting with Mr. Naranjo the Building Official and Mr. Flores and Officer Flores had given him time to go ahead and re-issue all the permits. Mr. Riczo said he was not able to pick them up yet because of a small problem with his works comp. He stated that all of his permits are ready to be picked up at the Building Department. He also said that he did comply with the requirements. He asked for the Board to give him 10 weeks from the time that he picks up the permits to bring up the property to compliance. Officer Flores requested that the Board take into consideration the dates that the violations were issued which was in 2011. Officer Flores continues to say that the house looks good in the front but the other parts of the house continues to look in a state of construction. Officer Flores said that we receive complaints from the neighbors. The Board asked questions and made disclosures about the home. Officer Flores testified about the case. Mr. Riczo requested 10 more weeks.

                         

I move with respect to case 2-15-13643 for finding of fact a conclusion of law that there exists a violation of section 6-4a the violator shall correct the violation within 10 weeks 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 $150.00 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 Barry Perl, seconded by Manny Quiroga

Motion: Passed Unanimously

Yes: John Patnik, Bob Smith, Rod Buenconsejo, Manny Quiroga, Barry Perl, Chairman Robert Vickers 

 

Case(s): 3-15-13769

Owner: See Code Compliance for more details

Address: , Miami Shores, FL

 

Officer Flores testified to the fact that owner had built a garden box into the swale by 19”. Owner's partner testified that one owner was deceased and that she spoke to Mr. Scott Davis who told her that he had no problem with her garden box in the swale area. She said that it was fine with Mr. Davis to plant in the swale. The Board asked questions. Owner addressed the Board. The Board addressed owner. Mr. Suarez clarified that the violator is also here in our next hearing for an Enforcement Order regarding a vegetable garden. The Board asked questions regarding planting in the swale. Officer Flores testified to the fact that Mr. Davis only had authority to say if a plant is allowed in the swale. Owner asked a question. The Board asked questions. Owner agreed to cut off the 19” off the box. Owner addressed the Board. The Board asked more questions. Owner said that Mr. Davis had told her that he had no issue with the box in the swale that he would call Anthony to let him know. The Board asked questions. 

 

I move with respect to case 3-15-13769 for finding of fact a conclusion of law that there exists a violation of section 20-1b the violator shall correct the violation by May 7th, 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 Perl, Chairman Robert Vickers

 

Summary Adjudication for 1st Hearings: Case(s): 10-14-13371; 11-14-13461; 11-14-13496; 1-15-13576; 2-15-13668; 2-15-13670; 2-15-13678; 2-15-13712; 2-15-13752; 3-15-13762; 3-15-13763; 3-15-13818; 3-15-13822.

MOTION: With exception of case 3-15-13820 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 Rod Buenconsejo

Motion: Passed Unanimously

Yes: John Patnik, Bob Smith, Rod Buenconsejo, Manny Quiroga, Barry Perl, Chairman Robert Vickers

 

 

PENALTY HEARING

 

Case(s): 2-15-13620

Owner: See Code Compliance for more details

Address: , Miami Shores, FL

 

The Board examines the pictures. Officer Flores testified that there is still a violation. Owner testified that she had removed all of the vegetables out of her front yard. She said she had asked if fruits could be left behind and she was told fruits could be left behind. She showed the fruits that were left behind. She said one was called an Everglades cherry. The other one she did not know what it was called. She stated they are tomatoes which are botanically known as fruits. Officer Flores testified that they are culinarily known as vegetables. Owner continues to testify and continued to say that her neighbor had a side vegetable garden. The Board asked questions. The Board requested that the Attorney find the regulations regarding vegetables. Mr. Suarez read the code of Miami Shores Section 536e into the record which states that vegetable gardens are permitted in rear yards only. Owner testifies that she had complied with the code with the exception of the 19” into the swale and the fruits (tomatoes) she had not removed. She agreed to move the 19” of the box back.

With respect to case 2-15-13620 the respected 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 violation in this regard will constitute a lien on the property of the violator.

 

Moved by Barry Perl, seconded by Rod Buenconsejo

Motion: Passed (Yes=4, No=2, Abstain= 0)

Yes: John Patnik, Bob Smith, Rod Buenconsejo, Barry Perl

No: Manny Quiroga, Chairman Robert Vickers

 

Mr. Perl explains to the violator the Motion. Owners questioned the Motion.

Mr. Suarez explains the meaning of the Motion. Owner said that she would cure the violation right away.

Owner asked Officer Flores to inspect the property this evening for compliance. Officer Flores agrees.

 

Motion by Barry Perl to have Code Enforcement inspect and close the case as of

April 1, 2015. Seconded by Rod Buenconsejo. Motion passed unanimously.

Yes: John Patnik, Bob Smith, Rod Buenconsejo, Manny Quiroga, Barry Perl, Chairman Robert Vickers.

 

Case(s): 9-14-13181

Owner: Michael & Elania Gerson

Address: 260 NE 95 Street, Miami Shores, FL

 

Michael Gerson was present. He testified that he had not been able to take care of the violation due to extreme financial hardship. He requested extra time to cure the violation. The Board asked questions. Officer Orta testified regarding the extensions given before. The Board asked questions. Officer Orta replies that a courtesy notice had been sent November 17, 2014. The Board asked final questions. Mr. Suarez says that the time can be extended for the compliance date, but the fine would be retroactive. He added that it could be treated administratively to table the motion for a period of time. The Board asked more questions.

 

Moved to table the case to our next meeting of May 7, 2015 by Rod Buenconsejo, seconded by Bob Smith

Motion: Passed Unanimously

Yes: John Patnik, Bob Smith, Rod Buenconsejo, Manny Quiroga, Barry Perl, Chairman Robert Vickers 

 

Case(s): 2-15-13657

Owner: 105 NW 92 LLC c/o Edward Riczo

Address: 105 NW 92 Street, Miami Shores, FL

 

The Board read into the record the violation in question. Mr. Riczo asked for one more week to comply. The Board asked questions. The Board asked questions. Mr. Suarez gives his advise. Officer Flores testifies that there can be given 7 days to comply. The Board asked questions.

 

Motion to comply by 7 days if the violator does not comply by then that the fines be retroactive to March.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Motion: Passed Unanimously

Yes: John Patnik, Bob Smith, Rod Buenconsejo, Manny Quiroga, Barry Perl, Chairman Robert Vickers

 

Summary Adjudication for Penalty Hearings: Case #’s: 10-14-13276; 10-14-13417; 10-14-13419; 1-15-13565; 5-14-12655; 5-14-12656; 5-14-12657; 5-14-12658; 5-14-12660; 8-14-13035.

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 Bob Smith, seconded by Manny Quiroga

Vote: Passed Unanimously

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

 

REQUEST FOR RELIEF

 

Case(s): 9-12-10394; 9-10-7634; 5-09-5748

Owner: John Militana

Address: 8975 NE 6th Avenue, 8980 Biscayne Blvd., 8965 NE 6th Avenue, Miami Shores, FL

 

The Board read the violations into the record. The Board asked questions. Mr. Militana testifies that the first violation was for a broken window. Officer Flores testified that the address to the folio is 8975 NE 6th Avenue. Mr. Militana testified that the addresses for the folio were: 8980 Biscayne Blvd., 8990 Biscayne Blvd., 8955 NE 6th Avenue, 8965 NE 6th Avenue and 8975 NE 6th Avenue these are all under the same folio. Mr. Militana testified that he had complied with the violation at 8965. Mr. Militana continues to testify regarding case 9-10-7634 regarding the decal signs that were deteriorating. Further, he said that those decal signs were removed prior to the time of compliance, but the Tenant did not notify Code Enforcement to come out and re-inspect. The Board clarified that it was not the Tenants responsibility, that it was the Owner’s responsibility. Mr. Militana testified that he had an Affidavit to attest that this was correct. Mr. Militana introduced his witness Ms. Dolores Rosaso the Tenant next door, she testified that she had seen the removal of the decal by the end of the year of 2010. Mr. Militana continues to testify about the vacuum cleaner place. The Board asked questions. Mr. Militana continues to testify about the violations. The Board asked questions. Mr. Militana testified that he did not remember seeing the notices. The Board asked more questions. Ruth Baydash signed for the notices sent. The Board asked questions. Officer Orta testified about the Tenant’s demeanor. The Board asked questions.

 

Motion: I move that upon receipt of $5,000.00 within 30 days that the liens on this property be released.

Moved by Barry Perl, seconded by Rod Buenconsejo

Vote: Passed (Yes=4, No=2, Abstain=0)

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

No: John Patnik, Chairman Vickers

 

Case(s): 8-09-6128

Owner: Joan Rosenberg

Address: 9816 N. Miami Avenue, Miami Shores, FL 33138

 

Jerry Chillian, Esquire was representing Ms. Rosenberg. The Board read into the record the violation and the amount proposed. The Board asked questions. Mr. Chillian answered that the Board should accept the offer of 5.00 because Ms. Rosenberg never received proper notice. He continued presenting his case. He said that Jenny Cabrera was addressed. Jenny Cabrera sold the property on 12 June 2007. Joan Rosenberg is a Mortgage lender. Borrower defaulted and was foreclosed on July 1, 2008. He stated, long before this violation. The statute section 162.06. He read the statute into the record. Section 162.12a states that the address to which the certified mail notice is to be sent is the address of the “violator”. Mr. Chillian continues to present his case. He said that Joan Rosenberg was an experienced Real Estate Broker. The Board asked questions. Mr. Chillian makes a statement about what is the question supposed to be. Ms. Rosenberg states that she corrected the violation the next day she found out about it. Mr. Suarez gives advice to the Board. The Board asked questions. Mr. Chillian testifies that there was no lien on the property at the time of the purchase. The Board asked questions.

 

Motion: Upon receipt of $5.00 payable within 30 days that the lien be released

Moved by Barry Perl, seconded by Robert (Bob) Smith

Vote: Failed (Yes=2, No=4, Abstain=0)

Yes: Bob Smith, Barry Perl

No: Manny Quiroga, John Patnik, Rod Buenconsejo, Chairman Vickers

 

Case(s): 7-14-12944; 7-14-12945; 7-14-12869

Owner: B & F Properties 1, LLC

Address: 11225 NW 5th Avenue, Miami Shores, FL 33168

 

Fred Gottlieb and his friend were present. The Board read into the record the violations and total fine. Mr. Gottlieb testified that all permits applied for had been denied. He added that they were not told why they were denied. The Board asked questions. Officer Flores testified that B & F Properties had bought this property with a pre-existing fence. He added that their house was situated in a different way. The previous owner had put a wooden fence without permit. The new owner needed to take the wooden posts out. Mr. Gottlieb testified that the permit for demolition was pulled. He did not put all the grass in because they needed to continue the construction. The Board asked questions.   Mr. Gottlieb said that the Board was correct in thinking that all they had to do was to remove the wooden posts. The Board commented on the way the yard was set.

 

Motion: Upon payment of $500.00 payable within 30 days that the lien be released

Moved by Bob Smith, No Second

Motion Failed 

 

 

Case(s): 1-11-8099

Owner: Isaias Cruz

Address: 9817 N. Miami Avenue, Miami Shores, FL

 

Mr. Isaias Cruz was present and testified that when he bought the house in the summer of 2000 the garage was already enclosed. He said that he did not know that there was a violation until 2011. He moved to correct the violation as soon as he was aware. He added that his property was in great conditions. The Board asked questions.

 

Motion: I move that upon payment of $1,500.00 within 60 days that the liens on this property be released.

Moved by Rod Buenconsejo, seconded by Barry Perl

Vote: Passed (Yes=5, No= 1, Abstain= 0)

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

No: John Patnik,

 

Case: 9-09-6203

Owner: Louise Alexandre

Address: 601 NW 112 Street, Miami Shores, FL

 

Marie Alexandre daughter to Ms. Louse Alexandre was present and testified that her mother was a widow. The Board asked questions. Ms. Marie Alexandre testified that they are trying to fix the roof as soon as possible because they received a courtesy notice about the tarp on the roof. Ms. Alexandre said this will never happen again. The Board asked questions. Ms. Marie Alexandre testified that they did not know about the violation until they tried to fix the roof. The Board asked more questions.

Motion: I move that upon receipt of $8,000.00 payable within 60 days that the lien be released

Moved by Rod Buenconsejo, seconded by John Patnik

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

Yes: Manny Quiroga, John Patnik, Bob Smith, Rod Buenconsejo,Barry Perl, Chairman Vickers.

 

Case: 11-13-12145

Owner: Property Consultants Group of S. FL

Address: 96 NW 92 Street, Miami Shores, FL 33160

 

Juan Bactaris was present and testified that they had a contractor steal $70,000.00 from them. This contractor was supposed to renew the permits, but he didn’t. As soon as they found out they got all the permits. He added that in order to cure the violation he had to close all the permits. He continues his testimony by saying that he agrees that he should be fined. But $50.00 a day while he is fixing the house with a valid permit is unreasonable. The Board asked questions. Mr. Bactaris says that he had the paperwork to back up his allegation of theft. The Board inspected the papers. Officer Orta concurred with Mr. Bactaris testimony. The Board asked questions. Mr. Bactaris testified that he had to get the permits once he found out that the contractor had never done it.

Motion: I move that upon receipt of $1,200.00 payable within 30 days that the lien on this property be released

Moved by Rod Buenconsejo, seconded by Bob Smith  

Vote: Passed

Yes: Bob Smith, Barry Asmus, Barry Perl, Rod Buenconsejo, Chairman Vickers

No: Manny Quiroga, John Patnik

 

 

Case: 2-14-12364; 12-09-6569

Owner: Wells Fargo Bank NA

Address: 873 NE 96th Street, Miami Shores, FL

 

Cristina Santamaria and John Santamaria were present and testified that they are the Realtor’s and listing agents, representing Wells Fargo Bank NA. The Board read into the record the violations at hand. Mr. Santamaria proceeded to present his case. He added that the previous owners had got into foreclosure and did not take care of the property.   He said that it was a year ago when they got the certificate of title after the foreclosure. This is when they became aware of the lien on the property. They had to go through eviction with the squatters that were living there, which was in August of last year. This is when they brought everything into compliance. He continues to testify about the expensive repairs that were done. All the permits had been finalized and closed out. Everything had been taken care of. The house had their electrical service stolen. Mr. Santamaria testified that they had a Buyer already in place; the only thing that is holding them is this liens. The Board asked questions. Mr. Orta agreed with his testimony.

 

Motion: I move that upon receipt of $10,000.00 payable within 30 days that the lien on this property be released

Moved by Bob Smith, seconded by Barry Perl    

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

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

Chairman Vickers.

 

 

Case: 5-12-9916; 5-12-9917

Owner: Gabriel Gutierrez

Address: 3 NW 92 Street, Miami Shores, FL 33138

 

Mr. Glenn Carroll was present with Mr. Gabriel Gutierrez and his daughters Ingrid Gutierrez and Ms. Gutierrez. Mr. Carroll spoke on behalf of Mr. Gutierrez who does not speak English. Mr. Carroll testified that Mr. Gutierrez’s younger daughter was throwing away all of his mail. Finally, one of the Code Enforcement Officers came to the door and spoke to Mr. Gutierrez about the violation. That is when he became aware of the problem. As soon as he became aware of this violation he pulled all the required permits and did everything to cure the violations.   The Board asked questions. Mr. Carroll said that Mr. Gutierrez did not know he had to call Code Enforcement after curing the violations. Ms. Gutierrez testified that her mother was in charge of the house affairs when she was alive. Officer Orta testified that he had not seen any of them before, that he did speak to them on the phone just recently. The Board asked questions.

 

Motion: I move that upon receipt of $1,600.00 payable within 60 days that the lien on this property be released

Moved by Barry Perl, seconded by Manny Quiroga    

Vote: Passed (Yes=4, No= 2, Abstain= 0)

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

No: John Patnik, Rod Buenconsejo

 

Case: 12-11-9337

Owner: Frantz & Marie Duval

Address: 345 NW 111 Terrace, Miami Shores, FL 33168

 

Mr. Frantz and Mr. Gary Duval were present. Mr. Gary Duval testified that his brother Frantz was going through monetary hardship. He continued to testify that Mr. Duval was not at the house at the time of the violation.   The Board asked questions.

 

Motion: I move that upon receipt of $1,200.00 payable within 30 days that the lien on this property be released

Moved by Rod Buenconsejo, seconded by Bob Smith    

Vote: Passed (Yes=5, No= 1, Abstain= 0)

Yes: Manny Quiroga, John Patnik, Bob Smith, Rod Buenconsejo, Chairman Vickers.

No: Barry Perl

 

Case: 8-11-8877

Owner: Craig Jeske

Address: 116 NE 97th Street, Miami Shores, FL 33138

 

Craig Jeske and his wife Shashan were present. Mr. Jeske proceeded to testify that he neglected to take care of the violation. He added that he had seen changes in Miami Shores Village Hall for good, he was very happy about that. He built the fence due to their neighbor burying their dogs in the yard next to his property. He did not know he was being fined daily otherwise he would not have done this. The Board asked questions.

 

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: Failed

Yes: Bob Smith, Rod Buenconsejo, Chairman Vickers.

No: Manny Quiroga, Barry Perl, John Patnik

 

Notice of Violation

Case: 3-15-13820

Tabled to the end of the meeting by Mr. Quiroga. The Board asked questions regarding the septic tank violation.

I move to include case 3-15-13820 with the other Notice of Violations with the fine left to staff recommendations.

Moved by Manny Quiroga, Seconded by Barry Perl

Passed Unanimously

Yes: Manny Quiroga, John Patnik, Bob Smith, Rod Buenconsejo, Chairman Vickers.

 

The Board discussed their homework assignment. To read before the next meeting.

MINUTES

Code Enforcement Board February 5, 2015 minutes were approved as amended.

Code Enforcement Board March 5, 2015 minutes were approved with amendment.

Moved by Barry Perl -   Seconded by Manny Quiroga

Approved unanimously

 

Discussion: The Board discussed the property values in Miami Shores. Mr. Suarez made some clarifications regarding the Boards position in various cases. The Board continued to discuss the issue.

 

NEXT MEETING

The next meeting will be on May 7, 2015

ADJOURNMENT

April 2, 2015 Code Board meeting was adjourned

________________________________                _____________________________

Anthony Flores, Code Enforcement Supervisor                                   Robert Vickers, Chairman