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Code Enforcement Board Meeting Minutes December 2014

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, December 4, 2014

 

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 4, 2014, 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, Barry Asmus, John Patnik, Bob Smith, Manny Quiroga, Rod Buenconsejo, 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

Richard Sarafan, Village Attorney

 

FIRST HEARING

 

Case-9-14-13208

Name: Berardi, Alvina

Address: 149 NE 98 Street

Code Sec.12-82; 12-133

 

Case 9-14-13209

Name: Berardi, Alvina

Address: 149 NE 98 Street

Code Sec. 12-82

 

Martin Berardi Jr. was present on behalf of his deceased mother.  He oversees the property.  Officer Orta gives a summary of the case. Mr. Berardi Jr. agreed with the violation and asked if he could have an extension of 45 to 60 days.  Mr. Orta stated that the violation for Code Sec. 12-82 was brought into compliance.  The Board asked questions and made suggestions.  Officer Flores suggested striking Code Sec. 12-82 from this case.  The Board asked several more questions.

 

In regards to case 9-14-13209 Mr. Berardi gave a description of the chain link fence and what supplies were needed in order to repair it.  Chairman Vickers asked more questions regarding the fence. Chairman Vickers asked for a motion.

 

Motion:  With respect to Case 9-14-13208 & Case 9-14-13209, 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, & Code Section 12-82 of the Miami Shores Village Code. “The offending party shall correct all such violations by February 4, 2015 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 per case a day thereafter, which will constitute a lien on the property of the violator.  Costs in the amount of $30 per case are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.  Mr. Quiroga asked that the motion be amended to strike Code Section 12-82 from case 9-14-13208. Mr. Perl agreed and Code Sec. 12-82 of case 9-14-13208 was stricken from the motion.

 

Moved by Barry Perl, seconded by Barry Asmus

Vote: Passed Unanimously

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

 

 

Case -10-14-13352

Name: Gromelski, Edward

Address:  464 NE 92 Street

Code Sec. 5-21

 

Mr. Edward Gromelsky was present.  Officer Orta gave a brief presentation regarding the case.  Officer Orta stated at the time he issued the Courtesy Notice the front door to the house was open but a screened security door was closed and you could clearly see into the house. Officer Orta counted at least 20 cats inside the house.  The Board asked questions.  Mr. Gromelsky agreed with the violation and gave a brief explanation as to why he had an excessive amount of cats.  Mr. Gromelsky stated, “He did not know how many cats he has currently”.  He asked for more time to sell the property. He presented his current listing agreement.  The Board asked questions and discussed the case.

 

Motion:  With respect to case 10-14-13352 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 by February 4, 2015 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 per violation 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 Barry Asmus

Vote: Passed Unanimously

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

 

 

Case -9-14-13123

Name:  Jimenez, Collette Williams

Address:  30 NE 94 Street

Code Sec/ 12-133

 

Dr. Ebohon was present on behalf of his wife Mrs. Williams Jimenez.  Officer Orta gave a brief presentation of the case.  Dr. Ebohon agreed with the violation and testified that they had taken care of the violation.  Dr Ebohon testified that they were never told that the roof was dirty.  Mr. Perl stated that he lives across the street from Dr. Ebohon and Collette and the house is generally in good condition.  The Board asked questions.

 

Motion: With respect to case 9-14-13123 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-133 of the Miami Shores Village Code. “The offending party shall correct all such violations by February 4, 2015 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 per violation 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

Vote: Passed Unanimously

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

  

 

Case 10-14-13224

Name:  Barr, Christopher

Address:  93 NW 97 Street

Code Sec. 12-128

 

Mr. Christopher Barr was present.  He was sworn in.  Officer Orta gave a brief presentation of the case. Mr. Barr agreed that there was a violation.  The Board asked questions.  Mr. Barr stated that he plans on applying for the permits tomorrow, December 5, 2014 and hopes to be completed with the work by early January.

 

Motion:  With respect to case 10-14-13224 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-128 of the Miami Shores Village Code. “The offending party shall correct all such violations prior to February 4, 2015 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 per violation 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 Bob Smith, seconded by Barry Asmus

Vote: Passed Unanimously

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

 

 

Case10-14-13334

Name:  Caccamise, Richard and Teresa

Address:  1490 NE 101 Street

Code Sec. 518(1), 518(2), 6-4(a)

 

Mr. and Mrs. Caccamise were not present.  Officer Flores gave a brief presentation of the case.  The Board asked questions.  Mr. Jerry Pumo was sworn in.  He presented photo evidence of the fence in question.  Mr. Sarafan clarified the Board’s responsibilities.  The Board asked more questions.

 

Motion:  With respect to case 10-14-13334 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 518(1), 518(2), 6-4(a) of the Miami Shores Village Code. “The offending party shall correct all such violations by December 18, 2014 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 $100.00 for all violations 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

Vote: Failed. (Yes=2, No=5, Abstain=0)

Yes:  Rod Buenconsejo, Barry Perl

 

No:  Barry Asmus, John Patnik, Bob Smith, Manny Quiroga, Chairman Vickers.

 

Mr. Quiroga Amended the original motion to increase the fines to $150.00 a day.

  

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Vote: Passed Unanimously

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

 

 Summary Adjudication for 1st Hearings: Case(s): 10-14-13265; 10-14-13267; 10-14-13269; 10-14-13270; 10-14-13355; 10-14-13391; 10-14-13395; 11-13-12095; 11-14-13444; 6-14-12771; 6-14-12804; 8-14-13117; 9-14-13154; 9-14-13178; 9-14-13190; 9-14-13193.

  

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 Rod Buenconsejo

Motion: Passed Unanimously

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

 

PENALTY HEARING

 

Case-10-14-13230

Name: Gold JTRS, Caroline

Address: 803 NE 99 Street

Code Sec-6-4(a)

 

No one present on behalf of Caroline Gold JTRS.  Mr. Sarafan gave a brief explanation of the case.  Mr. Sarafan recommends continuing the case. The Board proposed to continue the case until February 4, 2015.

 

Motion:  With respect to case 10-14-13230 I move to continue this case to our next Board Meeting February 5, 2015.

 

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Vote: Passed Unanimously

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

 

Summary Adjudication for Penalty Hearings: Case #’s: 4-14-12603; 5-14-12659; 6-13-11522; 6-13-11523; 6-13-11524; 6-13-11525; 6-13-11526; 7-14-12880; 7-14-12905; 7-14-12918; 8-14-13049; 8-14-13093; 8-14-13094; 8-14-13095; 8-14-13096; 8-14-13097; 8-14-13098; 8-14-13113; 9-14-13169.

 

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

 

 

REQUEST FOR RELIEF

 

Case(s): 4-13-11205

Owner: B & L Realty-Michael Bromley

Address: 144 NW 105 Street

 

Eric Stein, Esq. was present. Mr. Stein proceeded to briefly present the case. He stated that some of the liens pertained to the prior owner. Mr. Stein amended his offer to $5,000.00 payable in 30 days. The Board made some comments and asked questions.

 

 

Motion: $5,000.00 payable within 30 days

Moved by Bob Smith, seconded by Barry Asmus

Vote: Passed Unanimously

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

 

Case: 5-11-8551, 8-11-8848

Owner: Joanne Kettle & Morgan Nordone

Address: 717 NE 91st Street #3B

 

Greg Nordone was present. Chairman Vickers gave a brief summary of the request. Mr. Nordone gave a brief explanation of the matters of his family situation and explained why there was such a long time passed before they addressed the liens. The property owner is looking to sell another property outside of Miami Shores Village. He requested to have the liens released on an apartment located in Miami.

 

Motion: $5,000.00 payable within 30 days to release liens on property: 3301 NE 5th Avenue, #220, Miami, FL 33137

Moved by Barry Perl, seconded by Manny Quiroga

Vote: Passed Unanimously

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

 

Case: 10-107777, 2-10-6769, 9-10-7649, 2-10-6771.

Owner: Louis B. Eugene & Kermith E. Eugene

Address: 524 NW 113 Street

 

Mr. Kermith E. Eugene and Louis B. Eugene were present. Chairman Vickers gave a brief summary of the request. The Board asked questions. Mr. Kermith E. Eugene answered that the house in Miami Shores was for sale in order to save their Miami property from foreclosure.

 

Motion: With respect to cases #10-107777, 2-10-6769, 9-10-7649, 2-10-6771 I move that upon payment of $15,000.00 no later than February 4, 2015 that the lien on this property be released.

Moved by Bob Smith, seconded by Barry Perl

Vote: Passed Unanimously

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

 

Case: 12-07-3346, 5-13-11339, 5-13-11340

Owner: Wells Fargo Bank NA

Address: 9376 NE 9th Place

 

Ms. Sue King was present representing the owner.  Chairman Vickers gave a brief summary of the request. Ms. King presented the case and mentioned their underwriter does not require them to clear the liens they consider them extinguished. She said that the prospective Buyer was unable to attend. Chairman Vickers made a statement clarifying Ms. King’s position. She mentioned she can issue an insured clear title with no exceptions.

Mr. Sarafan clarified the issues in the Palm Bay case. The Board asked questions and commented.

 

Motion: With respect to cases 12-07-3346, 5-13-11339, 5-13-11340 I move that upon payment of $3,000.00 within 60 days that the liens on this property be released.

Moved by Bob Smith, seconded by John Patnik

Vote: Denied (Yes=3, No=4, Abstain=0)

Yes: Barry Asmus, John Patnik, Bob Smith

No: Rod Buenconsejo, Manny Quiroga, Barry Perl, Robert Vickers

 

MINUTES

Code Enforcement Board November 2014 minutes were approved with corrections.

 

Moved by Barry Perl -   Seconded by Barry Asmus

Approved unanimously

 

Vote for Chairman and Vice Chairman

 

Candidates for Chairman

John Patnik nominated Robert Vickers-seconded by Rod Buenconsejo – 5 Votes for Mr. Vickers

Manny Quiroga nominated Barry Perl –seconded by Bob Smith– 2 Votes for Mr. Perl

 

Vote for Chairman:

Robert Vickers received 5 votes (Robert Vickers, Rod Buenconsejo, Barry Asmus, John Patnik, and Barry Perl)

Barry Perl Received 2 votes (Manny Quiroga, Bob Smith)

 

Candidates for Vice Chairman

Manny Quiroga nominated Barry Perl seconded by Barry Perl

John Patnik nominated Barry Asmus seconded by Robert Vickers

 

Vote for Vice Chairman:

Barry Asmus received 4 Votes (Barry Asmus, John Patnik, Robert Vickers, and Rod Buenconsejo)

Barry Perl received 3 Votes (Bob Smith, Barry Perl, and Manny Quiroga)

 

NEXT MEETING

The next meeting will be on February 5, 2015

 

  

ADJOURNMENT

December 4, 2014 Code Board meeting was adjourned

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                                                  Robert Vickers, Chairman