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CODE ENFORCEMENT BOARD MEETING JULY 2014

 

CODE ENFORCEMENT BOARD MEETING MINUTES

Thursday, July 10, 2014

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 10, 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, Manny Quiroga, Rod Buenconsejo, Chairman Robert Vickers.

Absent: Barry Perl

 

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, Acting Village Attorney

 

FIRST HEARING

 

Case: 5-14-12646

Owner: Juan Carlos Bravo

Address: 189 NW 100 Terr.

Sec.; 12-133

 

Code Enforcement Officer Mike Orta gave summary of the case and the violation of the dirty awning. Pictures were presented of the awning. Juan Carlos Bravo was present and presented the awning and stated “he removed the awning before the code board to present as evidence.” Board members asked questions regarding the timeline of the conversation with Mr. Orta and actions Mr. Bravo took to come into compliance.  Mr. Orta stated that the awning present is clean. Board members gave comment.

 

MOTION: To dismiss.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Motion approved unanimously.

 

Case: 6-14-12835

Owner: Marie Solomon aka Huguette Chery

Address: 425 NW 111 St

Sec.: 12-211(a)

Sec.: 6-4(a)

 

Officer Anthony Flores asked Ms. Chery to produce proper identification to ensure Mari Solomon and Huguette Chery were one in the same person. Identification was provided with a home address of 10437 SW 23 Court, Miramar, FL. Ms. Chery testified to living at 425 NW 111St, Miami Shores, Fl. Code Enforcement Officer Anthony Flores gave a summary of the case and the violation, unlawful occupancy and single family home converted into multiple apartments. Pictures were submitted into evidence. Evidence was submitted as to the claim of homestead. Ms. Chery admitted to renting part of the property. Officer Flores also asked Ms. Chery questions regarding how we (Anthony Flores, Mike Orta and Ms. Chery) gained access to the house. Board members asked questions and gave comment.

 

MOTION: With respect to case 6-14-12835 I move for a finding of fact and conclusion of law that there exist a violation or violations of Section(s) 12-211(a) & 6-4(a) of the Miami Shores Village Code. The offending party shall correct all 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 $100 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: 6-14-12836

Owner: Marie Solomon aka Huguette Chery

Address: 425 NW 111 St

Sec.: 14-17 (a)(b)(c)

 

Code Enforcement Officer Anthony Flores gave summary of the case and the violation renting the property without a Business License Tax Receipt. Testimony was provided by Ms. Chery that she does not have one. Ms. Chery agreed to the violation and testified she was in the process of obtaining a Business License Tax Receipt. No questions or discussion from the board.

 

MOTION: With respect to case 6-14-12836 I move for a finding of fact and conclusion of law that there exist a violation or violations of Section 14-17 (a)(b)(c) of the Miami Shores Village Code. The offending party shall correct all 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 $100 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 many Quiroga, seconded by Rod Buenconsejo

Motion approved unanimously.

 

 

Case: 6-14-12837

Owner: Marie Solomon aka Huguette Chery

Address: 425 NW 111 St

Sec.: 6-4(a)

Sec.: 516(5)

 

Code Enforcement Officer Anthony Flores gave summary of the case and the violation, installed a shed in the rear without permits. Picture were presented of the property to the board and Ms. Chery and submitted into evidence. After some discussion, Ms. Chery asked for 30 days to either remove the shed or obtain a permit.

 

MOTION: With respect to case 6-14-12837 I move for a finding of fact and conclusion of law that there exist a violation or violations of Section(s) 6-4(a) & 516(5) of the Miami Shores Village Code. The offending party shall correct all violations within 60 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 5-1 (Barry Asmus voted No)

 

Case: 6-14-12838

Owner: Marie Solomon

Address: 425 NW 111 St

Sec.: 501(11)

 

Code Enforcement Officer Anthony Flores gave summary of the case and the violation, unlawful storage of materials property has a washer, dryer and a water heater that is used outside of the house. Picture were presented of the property to the board and Ms. Chery and submitted into evidence. Ms. Chery did not agree with the violation. Board members asked questions and gave comment.

 

MOTION: With respect to case 6-14-12838 I move for a finding of fact and conclusion of law that there exists a violation of Section 501(11) of the Miami Shores Village Code. The offending party shall correct all 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: 6-14-12839

Owner: Marie Solomon

Address: 425 NW 111 St

Sec.: 501(11); 10-1

 

Code Enforcement Officer Anthony Flores gave summary of the case and the violation, unlawful storage of material and household items stored throughout rear yard. Picture were presented of the property to the board and Ms. Chery and submitted into evidence. Ms. Chery stated she did not like it either. No discussion from board.

 

MOTION: With respect to case 6-14-12839 I move for a finding of fact and conclusion of law that there exists a violation of Section 501(11); 10-1 of the Miami Shores Village Code. The offending party shall correct all 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 $100 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: 6-14-12840

Owner: Marie Solomon

Address: 425 NW 111 St

Sec.: 12-128

 

Code Enforcement Officer Anthony Flores gave summary of the case and the violation, broken and missing throughout. Picture were presented of the property to the board and Ms. Chery and submitted into evidence. Ms. Chery does not agree with the violation. No discussion from board.

 

MOTION: With respect to case 6-14-12840 I move for a finding of fact and conclusion of law that there exists a violation of Section 12-128 of the Miami Shores Village Code. The offending party shall correct all 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.

 

Summary Adjudication for 1st Hearings: Case(s) 10-13-11941, 1-14-12208, 4-14-12559, 4-14-12575, 4-14-12595, 5-14-12619, 5-14-12621, 5-14-12624, 5-14-12628, 5-14-12629, 5-14-12647, 5-14-12649, 5-14-12661, 5-14-12668, 5-14-12669, 5-14-12696, 5-14-12697, 5-14-12702, 5-14-12748, 5-14-12752, 5-14-12765, 6-14-12826

 

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: 1-14-12267, 2-14-12364, 3-14-12441, 4-14-12484, 4-14-12487, 4-14-12488, 4-14-12506, 4-14-12519, 4-14-12613, 4-14-12614, 4-14-12615, 4-14-12616, 4-14-12617, 5-14-12620, 5-14-12654, 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 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): 4-09-5624, 6-09-5826

Owner: US Bank Nat’l assn. trust c/o Principal Realty, Inc.

Address: 530 NE 91 St

 

Ms. Patricia Orsini is the locate representative for US Bank. Ms. Orsini claims the bank took possession June 6, 2014 and immediately brought the property into compliance. Board member asked questions regarding the offer. The property is for sale however the liens are holding the sale. Ms. Orsini did not have authorization to increase the offer. Offer to pay $7,532.50 payable within 30 days.

 

Motion: By Bob Smith, upon payment of $7,532.50.

Motion Fails, lack of second.

 

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

Owner: Frederic Puren

Address: 9179 N. Bayshore Dr.

 

Atty. Richard Golden & Frederic Puren were present. Chairman Vickers gave quick synopsis of the case and previous request for relief. Mr. Golden gave summary of the property, the foreclosure process and code cases. Mr. Golden explained the situation with the re-occupancy certificate and the findings regarding the inspection, “Mr. Puren instead of doing a renovation now has to demolish the home and rebuild.” Mr. Asmus asked questions regarding other properties owned by Mr. Puren. Mr. Puren made a statement regarding the property. Offer amended to $24,000 payable within 60 days.

 

Motion: Accept $24,000 within 60 days to release lien on property.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Vote: Motion passed (Summary: Yes=4, No=2, Abstain=0)

Yes: Bob Smith, Manny Quiroga, Rod Buenconsejo, Chairman Robert Vickers

No: Barry Asmus, John Patnik

 

 

Case(s): 12-11-9264

Owner: Maureen & Edward Joseph

Address: 9345 Park Dr.

 

Dennis Joseph was present to represent Maureen & Edward Joseph. Chairman Vickers gave quick summary of request. Mr. Joseph gave a summary of what transpired with the case. Mr. Joseph explained that all mail was mailed to the Buttonwood Lane address, except for the Notice of Lien which was mailed to the Miami Shores property address. Board members asked questions. Offer amended to $2,625.00 payable within 30 days.

 

Motion: Accept $2,625.00 within 30 days to release lien on property.

Moved by Bob Smith, seconded by Rod Buenconsejo

Vote: Motion passed (Summary: Yes=4, No=2, Abstain=0)

Yes: Bob Smith, Manny Quiroga, Rod Buenconsejo, Chairman Robert Vickers

No: Barry Asmus, John Patnik

 

Case(s): 12-06-1462, 10-12-10497

Owner: THR Florida LP

Address: 58 NW 98 St

 

Robert Frame in attendance to represent THR Florida LP, Chairman Vickers gave summary of case. Mr. Frame explained what his company has done to remedy the violations. Mr. Frame provided Power of Attorney to the legal department. Board members asked questions. Offer amended to $5,000.00 payable within 30 days.

 

Motion: Accept $5,000.00 within 30 to release lien on this property.

Moved by Rod Buenconsejo, seconded by Manny Quiroga

Vote: Motion passed (Summary Yes=5, No=1, Abstain=0)

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

No: Barry Asmus

 

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

Owner: JP Morgan Chase / Federal Home Loan Mortgage Corp.

Address: 162 NE 107 St

 

Attorney Michael “Mike” Spoliansky on behalf of owner JP Morgan Chase submitted Power of Attorney. Chairman Vickers gave a summary of the request. Mr. Spoliansky explained foreclosure action was brought in 2009 at that time owner had no access to property. Did not certificate of title until 2013 and at that point still could not enter the property because of the tenants occupying the property. Board members asked questions. Offer amended to $25,000.00 payable within 90 days.

 

Motion: Accept $25,000.00 within 90 days to release the lien on this property.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Vote: Motion passed unanimously

 

Cases: 3-11-8266, 3-11-8349, 3-11-8265

Owner: Lybra Real Estate Corp

Address: 1173 NE 104 St

 

Attorney Charles Gelman representing property owner, Chairman Vickers gave a summary of request. Mr. Gelman amended his offer to $10,000 payable within 30 days. Mr. Gelman added that his client had learned his lesson.

 

Motion: Accept $10,000 within 60 days to release the lien on this property.

Moved by Bob Smith, seconded by Chairman Robert Vickers

Vote: Motion fails (Summary Yes=2, No=4, Abstain=0)

Yes: Bob Smith, Chairman Robert Vickers

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

 

Case: 9-10-7711

Owner: Ricardo Estrada

Address: 290 NW 92 St

 

Ricardo Estrada was present and sworn in, Chairman Vickers gave summary of request. Mr. Estrada explained that the offer is what is in his means and all he could afford at this time. The property is not for sale and is in the process of mortgage modification. Chairman Vickers asked if Mr. Estrada has tenants, Mr. Estrada replied, yes. Board members asked questions regarding the case to both Mr. Estrada and staff. Mr. Estrada claims he does drive by the property and the current tenants are taking care of the property. Mr. Estrada amended his offer to $1,000 payable within 10 months.

 

Motion: Accept $1,000 within 300 days to release the lien on this property

Moved by Bob Smith, seconded by Chairman Robert Vickers

Vote: Motion fails (Summary Yes=3, No=3, Abstain=0)

Yes: Bob Smith, Manny Quiroga, Chairman Robert Vickers

No: Barry Asmus, John Patnik, Rod Buenconsejo

 

 

 

Motion: Approval of Minutes for June 2014.

Moved by Manny Quiroga, seconded Rod Buenconsejo

Vote: Motion passed unanimously.

 

 

 

 

 

NEXT MEETING

The next meeting will be on August 7, 2014

 

ADJOURNMENT

July 10, 2014 Code Board meeting was adjourned

 

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman