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Code Enforcement Board Meeting Minutes - July 7, 2016

CODE ENFORCEMENT BOARD MEETING MINUTES

  Thursday, July 7, 2016

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 7, 2016, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers.

 

Roll Call.

Present: Manny Quiroga, Patrick Huber, Robert Smith, Barry K. Asmus, Rod Buenconsejo, Barry Perl, 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, Code Enforcement Supervisor

Mike Orta, Officer, Code Enforcement

Ben Bean, Attorney

Mariana Gracia, Clerk

 

FIRST HEARING

 

Case:   7-16-15533 & 7-16-15534

Owner: City Natl Bank of FLA TRU

Address: Parking lot – Folio #1132060134540

 

Officer Flores testified that raw sewage was flooding the parking lot creating a health hazard and safety issue. The remedy is to obtain permit to repair the septic tanks and drainage fields and obtain a permit to replace thresh drain. The Board asked questions. Officer Flores testified that he had spoken to the Property Manager who said that his hands are tied because the Property Owner does not do anything about it. Officer Flores testified that the building won’t be shut down because there is a dialysis center in the building and the patients do not have anywhere else to go. Board discussion took place at this time. The Board asked questions. Mr. Julio Martinez Property Manager at 9999 NE 2ndAvenue came in at this time.  Mr. Martinez proceeded to talk about whose responsibility it is that the sewage system was approved. He said that the garbage trucks from the village go through this parking lot and damaged it. Mr. Martinez said that we all share responsibility in this. Mr. Martinez testified that they are doing everything they can to avoid the sewage spillage in this parking lot. Mr. Martinez gave copies of the letter given to the dialysis center for the Board to look at. Mr. Martinez said that the sewage system to be done by the village is not yet done. The Board asked questions. Mr. Martinez testified that they are bleaching and pressure cleaning the area, this is done by the maintenance person and they have also hired a company to empty the septic tanks and clean every 15 days. Mr. Martinez explained how the septic system is set up. The Board asked for clarification as to how the garbage trucks go through the parking lot. The Board asked questions. Board discussion took place. Attorney Ben Bean read into the record section 2-81a for clarification on the amount of penalty per violation. 

 

Motion: With respect to cases 7-16-15533 & 7-16-15534 I move for finding of fact in conclusion of law that there exists a violation of code section 12-192, 12-103, 12-105, 20-1e of the Miami Shores Village Code the offending party shall correct the violation within 2 days and immediately notify the Code Enforcement Officer when the property has been brought into compliance, if the violation has not been brought into compliance by that time the Code Enforcement Officer may report back to the Board and in such an event a fine is hereby authorized to be automatically assessed against the violator in the amount of $250.00 a day for each violation thereafter which will constitute a lien on the property of the violator, cost in the amount of $30.00 are hereby be assessed to recoup the villages expenses in prosecuting the violation to date.

 

Moved by Barry Perl, seconded by Barry Asmus

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

Yes: Patrick Huber, Robert Smith, Barry Asmus, Barry Perl, Chairman Vickers

No: Rod Buenconsejo, Manny Quiroga

 

Case:6-16-15370

Owner: MSVC LLC

Address:  9400-9488 NE 2 Avenue

 

Mr. Oscar Sklar, Managing Member of MSVC LLC was present to testify along with the Engineering Manager from Lift Stations R Us, Mr. Osvaldo De Leon. Officer Orta testified that this has been going on for about 2 years. The neighbors have been complaining. Officer Orta testified that Mr. De Leon has made improvements on this case. The bad baring has been repaired and there is no longer a noise. The Board asked questions. Mr. Sklar testified that he has a maintenance person taking care of the smell. The Board commented on the odor coming out of this septic system. Mr. De Leon gave a brief testimony of how their company is taking care of the violation. Mr. Sklar testified that they have tried the best they could to take care of the violation. The Board made comments. Officer Orta testified that there was no smell at this time. The Board asked questions.

 

Motion: With respect to case 6-16-15370 I move that there was a violation of code section 10-5, 10-5 (b), 12-103 of the Miami Shores Village Code which has been corrected at this time and in the event that it re occurs it shall be treated as a repeat violation, cost in the amount of $30.00 are hereby be assessed to recoup the villages expenses in prosecuting the violation to date.

 

Moved by Barry Perl, seconded by Manny Quiroga

Vote: Passed Unanimously

Summary Adjudication for 1stHearings:  Case(s): 10-15-14546; 1-16-14812; 1-16-14837; 1-16-14838; 1-16-14842; 1-16-14843; 3-16-15006; 3-16-15111; 4-16-15135; 4-16-15147; 4-16-15148; 4-16-15163; 4-16-15164; 4-16-15198; 4-16-15214; 4-16-15215; 4-16-15220; 4-16-15221; 4-16-15230; 5-16-15288; 5-16-15326; 5-16-15328.

 

The Board asked questions about case 4-16-15230. Officer Orta testified that the violation is that there are too many cats on the property.

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 by staff 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 Patrick Huber

Motion: Passed Unanimously

 

PENALTY HEARING

 

Cases: 2-16-14860 & 2-16-14861

Owner: South Florida Equity Group Holdings

Address: 525 NW 111 Street

 

Thomas Posenti, Manager was present and wished to testify. He testified that the boards on the window were put there for safety and security reasons. Mr. Posenti testified that they had spent $30,000.00 correcting previous violation. Because of this the investors have decided not to proceed with investing on this property. They have an offer on the property pending the resolution of these cases. Steven Braverman the Buyer’s attorney called and found out about these cases. Mr. Posenti testified that the attorney will not go forward with the purchase if these cases are in place. Mr. Posenti asked for more time to allow for this sale to go through. The Board asked questions. Officer Flores testified as to the violations. The Board read into the record part of the As-Is Contract for the sale of the house. The Board asked questions. Mr. Posenti testified that in order to cure the violations they would have to spend more money which the investors are not willing to spend. According to Mr. Posenti a decision was made that they are already losing money. The Board asked questions and made comments. Officer Flores testified that attorney Braverman had come before the Board previously and promised to fix previous violations and said that it would not happen again. The Board asked questions. 

 

Motion: With respect to case 2-16-14860 & 2-16-14861 I move that the penalty be imposed on July 11, 2016 if the violations are not corrected to the satisfaction of Mr. Flores by that time. if the violation has not been brought into compliance by that time the Code Enforcement Officer may report back to the Board and in such an event a fine is hereby authorized to be automatically assessed against the violator in the amount of $250.00 a day thereafter which will constitute a lien on the property of the violator, cost in the amount of $30.00 are hereby be assessed to recoup the villages expenses in prosecuting the violation to date.

 

Moved by Barry Perl, seconded by Manny Quiroga

Vote: Passed Unanimously

 

Summary Adjudication for Penalty Hearings:Case #’s: 4-16-15120; 5-16-15261; 5-16-15262; 5-16-15263.

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 such 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

 

REQUEST FOR RELIEF

 

Case(s): 4-14-12563

Owner: Marvin Armstrong

Address: 138 NW 107 Street

Mr. Marvin Armstrong was present to testify. Mr. Armstrong testified that he had health issues in the past three years. Because of these health issues he had to be off work. A lot of the delays was due to the contractor’s negligence. He testified that he was surprised that there was a lien on the property. Officer Flores testified that Code Enforcement found out about the violation due to an alarm company going in and found out. The Board asked questions.

 

Motion: That upon receipt of $3,000.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

Case(s): 9-09-6275; 2-16-14899; 6-09-5851; 2-15-13670

 Owner: Sean Phillips

Address: 210 NW 105 Street

 

Mr. Sean Phillips was present to testify. Mr. Phillips testified that the scope of the violations in his opinion are not legitimate. Mr. Phillips chose to speak about the dirty awnings first. He said that he had them cleaned then found out that there was a lien. Inoperable vehicle on property. Mr. Phillips testified that the car was in an accident and that the State Troopers had asked him to keep the car as evidence. He asked Officer Flores to keep the car covered and Officer Flores said yes he could. The Board made comments. The Board asked questions. Interior work requires permit was discussed at this time. Mr. Phillips testified that he did not know that a rough still continues the violation. He thought that the rough inspections all he needed to have. Front door and cement slab. Mr. Phillips testified he did not know he needed a permit. The Board commented. Mr. Phillips testified that he put a brand new shed without a permit. Mr. Phillips said that the slab should have been grandfathered in. Officer Flores testified that Mr. Phillips was told to remove an inoperable vehicle before this hearing. Mr. Phillips offered $1,000.00 for the plumbing, $0 for the vehicle, $0 for the dirty awnings, $2,500.00 for the front door cement slab. Total amount offered is $3,500.00. Discussion by the Board took place. 

 

Motion: That upon receipt of $3,500.00 payable within 60 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Barry Perl

Vote: Denied (Yes=1, No=6, Abstain=0)

Yes:  Rod Buenconsejo

No: Manny Quiroga, Patrick Huber, Robert Smith, Barry Asmus, Barry Perl, Chairman Vickers

 

 

MINUTES

Minutes for June 2, 2016 

Motion to approve the Minutes by Barry Asmus, seconded by Patrick Huber and the vote was unanimous in favor of the Motion.

 

NEXT MEETING

The next meeting will be on August 4, 2016

 

ADJOURNMENT

July 7, 2016 Code Board meeting was adjourned 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                              Robert Vickers, Chairman