LimeBike Memorandum of Understanding

CODE ENFORCEMENT BOARD MEETING AUGUST 7, 2014

CODE ENFORCEMENT BOARD MEETING MINUTES

                       Thursday, August 7, 2014

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 7, 2014, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Vice Chairman, Barry Perl.

 

Roll Call.

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

Rod Buenconsejo, Barry Perl

 

Absent: 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, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Richard Sarafan, Village Attorney

 



 

 

FIRST HEARING

 

Summary Adjudication for 1st Hearings: Case(s) 10-13-11959; 11-13-12106; 2-14-12338; 4-14-12557; 4-14-12563; 4-14-12571;4-14-12597; 5-14-12641; 5-14-12653; 5-14-12673; 5-14-12720; 5-14-12721; 5-14-12722; 5-14-12723; 6-14-12774; 6-14-12775; 6-14-12798; 7-14-12864; 7-14-12869; 7-14-12873

  

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 Barry Asmus

Motion approved unanimously

 



 

 

PENALTY HEARING

 

No one present for penalty hearings

 

Summary Adjudication for Penalty Hearings: Case #’s: 10-13-11941; 1-14-12208; 2-14-12370; 4-14-12575; 5-14-12618; 5-14-12619; 5-14-12621; 5-14-12624; 5-14-12628; 5-14-12629; 5-14-12647; 5-14-12649; 5-14-12661; 5-14-12702; 5-14-12748; 5-14-12752

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): 8-09-6128

Owner: Joan Rosenberg

Address: 9816 N Miami Ave

 

Joan Rosenberg (owner) was present. Ms. Rosenberg presented a letter from her attorney. Ms. Rosenberg presented evidence that the notices were never mailed correctly and she never received notice. The property is a rental, the tenants never informed her of any notices sent to the property. Mr. Sarafan asked Code Officer Mike Orta what is the course of acquiring proper property information. Mr. Orta responded that he checks the property appraisers’ office website for the mailing address and current owner. Mr. Sarafan claimed there’s nothing in the file that contradicts Ms. Rosenberg testimony. Board members asked several questions and there was some discussion. Ms. Rosen offered $5.00 payable within 30 days.

 

Motion: $5.00 payable within 30 days

Moved by Bob Smith, seconded by Barry Perl

Vote: Denied 4-2

Yes: Bob Smith, Barry Perl

No: Barry Asmus, John Patnik, Manny Quiroga, Rod Buenconsejo

 


 

Case(s): 4-08-4144, 11-06-1330, 11-06-1331

Owner: B&L Realty

Address: 101 NE 110 St

 

Marie Duron was present, the spouse of the managing member of B&L. Mr. Perl gave a brief summary of the critique sheet. Ms. Duron explained that this property had come up once before by the previous owner, One West who mitigated only one of the four liens. The one case (1-09-5280) was settled for $18,000. Mr. Asmus gave a brief history of the previous Request for Relief. Mr. Sarafan read the minutes from the prior Request for Relief, October 3, 2013. There were questions and some discussion from the board. Ms. Duron offered $1,500 payable within 30 days. Mr. Perl asked for a motion, offered failed for lack of motion.

 


 

 

Cases(s) 2-10-6719, 4-14-12506

Owner: Glenn & Aimee Harris

Address: 858 NE 97 St

 

Glenn and Aimee Harris (owners) were present. Mr. Perl gave a brief summary of the request. Mr. Harris gave a synopsis of the cases and the events that occurred regarding each case. Board members asked questions. Mr. Harris testified to have financial distress currently and offered $200 payable within 60 days. Mr. Perl asked for a motion, offered failed for lack of motion.

 


 

 

Case(s) 12-07-3346, 5-13-11339, 5-13-11340

Owner: Wells Fargo c/o Quick Data Title

Address: 9376 NE 9 Pl

 

Sue King with Data Quick Title authorized representative for Wells Fargo. Mr. Perl gave a summary of the request. Ms. King testified that all cases are extinguished in the foreclosure and could issue a clear title however would like a formal release. Board members asked questions. Currently the property is for sale. Ms. King offered $2,000 payable within 60 days. There was discussion on the motion.

 

Motion: $2000 payable within 60 days

Moved by Rod Buenconsejo seconded by Bob Smith

Vote: Denied (3-3)

Yes: Rod Buenconsejo, Bob Smith, Barry Perl

No: Barry Asmus, John Patnik, Manny Quiroga

 


 

Case: 9-10-7711

Owner: Ricardo Estrada

Address: 290 NE 92 St

 

Ricardo Estrada (owner) was present. Mr. Perl gave summary of request. Board members asked questions. Mr. Estrada offered $1,100 payable within 180 days (6 months).

 

Motion: $1,100 payable within 180 Days

Moved by Manny Quiroga, Seconded by

Vote: Denied (3-3)

Yes: Bob Smith, Manny Quiroga, Barry Perl

No: Barry Asmus, John Patnik, Rod Buenconsejo

 


 

 

Case(s): 4-09-5624, 6-09-5826

Owner: US Bank, NA c/o Select Portfolio Servicing

Address: 530 NE 91 St

 

Attorney Harel Amir was present representing US Bank. Mr. Perl gave summary of request. Mr. Amir presented his case; LaSalle Bank (title holder) acquired title in 2012, May 2012 quick claim the deed to US Bank. US Bank had to evict tenants which took two years on May 30, 2014 (writ of possession). All violations were immediately addressed. Board members asked questions. Mr. Amir amended his offer to $10,000 payable within 60 days.

 

Motion: $10,000 payable within 60 days

Moved by Bob Smith, seconded by Rod Buenconsejo

Vote: Approved (4-2)

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

No: Barry Asmus, John Patnik

 


 

Case(s): 12-08-5199, 4-09-5576, 2-11-8128, 3-14-12428, 3-14-12429

Owner: JP Morgan Chase / Federal Loan Mortgage Corp.

Address: 162 NE 107 St

 

Attorney Michael Spoliansky was present representing Federal Loan Mortgage Corp. Mr. Perl gave a summary of the request. Mr. Spoliansky presented his case; case 12-08-5199, 4-09-5576 & 2-11-8128 were unenforceable due to the foreclosure, however they were made aware of two more violation on the property 3-14-12428 & 3-14-12429 that they were unable to remedy in time due to a tenant still occupying the property. Mr. Spoliansky spoke regarding his clients stance on the unenforceable liens. The board and Mr. Sarafan asked questions regarding this request and the previous request in July. Mr. Sarafan informed board of previous request for relief and partial release of lien for a property outside of Miami Shores. Mr. Spoliansky offered $4,500.00 payable within 60 days. Offer fails for lack of a motion.

 


 

Case(s): 8-13-11725, 8-13-11726

Owner: IH2 Property Florida LP

Address: 186 NE 109 St

 

Michael Garrett, Construction Manager was present on behalf of Invitation Homes aka IH2 Property. Mr. Perl asked questions regarding title insurance and why IH2 was seeking relief. Mr. Garrett informed the board that IH2 Property were responsible for the violation. The board asked questions regarding the lapse time of the violation, whether Mr. Garrett had authority to negotiate. Mr. Garrett explained to the board the structure of his position. Mr. Garrett offered $2,400.00 payable within 30 days.

 

Motion: $2,400 payable within 30 days

Moved by Rod Buenconsejo, seconded by Bob Smith

Vote: Approved (5-1)

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

No: Barry Asmus

 


 

Case(s) 10-13-12074

Owner: Mario Gonzalez

Address: 9811 NW 1 Ave

 

Mario Gonzalez and Vanessa Castro were present. Mr. Gonzalez explained he currently does not live in the property and is currently remodeling it. Mr. Gonzalez explained that he cured the violation before the property was purchased. Ms. Castro explained that they, the buyer put the monies owed in escrow. The board asked question. Mr. Gonzalez amended his offer to $250.00 payable within 60 days.

 

Motion: Amended to $250.00 payable within 60 days

Moved by Rod Buenconsejo, seconded by Manny Quiroga

Vote: Approved (5-1)

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

No: Barry Asmus

 


 

Case: 11-09-6491

Owner: Maria Echeverria

Address: 670 NE 93 St

 

Kelly Pacheco, resident of Miami Shores and daughter of home owner was present. The board asked questions. Ms. Pacheco offered $1,000.00 payable within 30 days.

 

Motion: $1,000 payable within 30 days

Moved by Rod Buenconsejo seconded by Bob Smith

Vote: Approved (4-2)

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

No: Barry Asmus, John Patnik 

 


 

Case: 2000-1292, 6-10-7245, 6-10-7246

Owner: Norah Schafer

Address: 47 NE 93 St

 

Attorney Christopher Kelly was present representing Norah Schafer. Mr. Kelly gave a summary of the cases and why relief should be granted. The board asked questions and made a few comments. Mr. Kelley amended his offer to $5,000 payable within 30 days. Offer fails for lack of a motion.

 


 

 Case(s): 6-11-8651

Owner: Miami Property Solutions

Address: 122 NW 110 St

 

Edward Miller (owner) was present. Mr. Miller gave a summary of the cases and property. The board asked questions. Mr. Miller amended his offer to $8,620.00 payable within 90 days.

 

Motion: Amended to $8,620 payable within 90 days

Moved by Rod Buenconsejo seconded by Bob Smith

Vote: Approved unanimously

 


 

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

Owner: Lybra Real Estate Corp.

Address: 1173 NE 104 St

 

Attorney Charles H Gelman was present. Mr. Gelman gave a quick synopsis of previous request. Mr. Sarafan asked questions. The board asked some questions. Mr. Gelman amended his offer to $15,000 payable within 60 days. The motion was discussed

 

Motion: Amended to $15,000 payable within 60 days

Moved by Rod Buenconsejo seconded by Bob Smith

Vote: Approved (4-2)

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

No: Barry Asmus, John Patnik

 



 

 

 

MINUTES

Code Enforcement Board July 2014 minutes were approved.

Moved by Manny Quiroga seconded by Barry Asmus

Approved unanimously

 

 

NEXT MEETING

The next meeting will be on September 4, 2014

 

 

ADJOURNMENT

August 7, 2014 Code Board meeting was adjourned

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                               Barry Perl, Vice Chairman