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CODE ENFORCEMENT BOARD MEETING MINUTES MAY 01,2014

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, May 01, 2014

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 01, 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, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

Absent: Bob Smith, Rod Buenconsejo.

 

In Attendance

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

 

FIRST HEARING

 

Case: 1-14-12253

Address: 1270 NE 98 St.

Sec. ; 6-4(a): Unauthorized construction/expired permit(s)

 

Code officer gave summary of case and stated owner began work construction on property without a permit. Contractor Roberto Sampellecrini agreed that there was a violation and requested a two month extension to complete work and have permit issued. Mr. Sampellecrini has already begun permitting process but there were building comments that needed to be addressed and they could not correct them in time before this meeting.

 

MOTION: With respect to case(s): 1-14-12253 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 6-4(a) of the Miami Shores Village Code. “The offending party shall correct all such violations by 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 Barry Asmus

Motion approved unanimously.

 

 

Case: 2-14-12308

Address: 38 NW 109 St.

Sec.; 901 (1-3)

 

Chandy Pontejour was present on behalf of Investment Company and code officer Anthony Flores gave summary and stated owner had rented property but did not obtain a certificate of occupancy. Mr. Pontejour agrees there is a violation. Board discusses violation and gives a 30 day timeline to remedy violation.

 

MOTION: With respect to case(s): 2-14-12308 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 901 (1-3) of the Miami Shores Village Code. “The offending party shall correct all such 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 Barry Asmus.

Motion approved unanimously.

 

 

Case: 2-14-12309

Address: 38 NW 109 St.

Sec. ; 6-4 (a); Unauthorized construction/Expired Permit(s)

 

Chandy Pontejour was present on behalf of Investment Company and code officer Anthony Flores gave summary and stated plumbing work was initiated without a permit and usually you do not need a permit to do minor plumbing repairs but since home is a rental property owner does need to have permits to do anything inside home. Mr. Pontejour agrees there is a violation and stated contractor finished work and just needs a final inspection.

 

Case: 2-14-12311

Address: 38 NW 109 St.

Sec. ; 12-132; Screening

Sec. ; 12-128; Weather/Water Tight Structures

 

Chandy Pontejour was present on behalf of Investment Company and code officer Anthony Flores gave summary and stated some of the windows are in disrepair and missing screens and can be easily opened from outside. The tenant made code enforcement aware of issue and code officer stated to repair mechanisms of window that do not work they do not need a permit. Mr. Pontejour stated work is completed and ready to be inspected.

 

Case: 2-14-12312

Address: 38 NW 109 St.

Sec. ; 6-4 (a); Unauthorized construction/Expired Permit(s)

 

Chandy Pontejour was present on behalf of Investment Company and code officer Anthony Flores gave summary and stated a slab was poured on the east set back and they were asked to remove the slab and re-sod with grass. The slab has been removed but dirt is exposed. Mr. Pontejour stated work will be completed in a matter of days.

 

MOTION: With respect to case(s): 2-14-12309; 2-14-12311; 2-14-12312 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 6-4 (a), 12-132 and 12-128 of the Miami Shores Village Code. “The offending party shall correct all such 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 per case 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.

 

Moved by Manny Quiroga, seconded by Barry Asmus

Motion approved unanimously.

 

 

Summary Adjudication for 1st Hearings:

Case #’s: 2-14-12339; 2-14-12381; 3-14-12414; 3-14-12428; 3-14-12429; 3-14-12442; 3-14-12443; 3-14-12444; 3-14-12445; 3-14-12446; 3-14-12447; 3-14-12448; 3-14-12457; 4-14-12491; 4-14-12500.

 

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 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 Quiroga, Barry Asmus

Motion approved unanimously.

 

PENALTY HEARING

 

No one present for penalty hearings

 

Summary Adjudication for Penalty Hearings:

Case #’s: 10-13-11897; 1-14-12204; 1-14-12209; 1-14-12280; 3-13-11100; 9-13-11808.

 

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 Barry Perl.

Motion passed unanimously.

 

 

 REQUEST FOR RELIEF

 

Case(s): 2000-1292; 6-10-7245; 6-10-7246

Owner:Nora Schaefer

Address: 47 NE 93 St.

 

Nora Schaefer bought home in 2001 from a friend that was going through a divorce and allowed her to stay in home for more time. She had remodeled other homes in Miami and did not pull permits and was not aware that she needed permits for the work done in her home. A few years ago she asked the building department if there were any liens on property and answer was no but when she was ready to sell home her realtor found liens. When she was made aware of liens her husband and son had passed away died and was very overwhelmed and did not proceed to cure violations until recently. Mrs. Schaefer recently hired a contractor and has spent a lot of money to bring property up to code. Cost about $7500 to fix problems. Property is not for sale but she does have property in morning side that is in foreclosure. Barry Asmus gave summary and asked Ms. Schaefer about profession and she said she had been a realtor. Barry Perl asked if she was completing a short sale on house in Morningside and Mrs. Schaefer stated that on May 9th the home is going to be sold on the courthouse steps. Attorney Richard Sarafan asked Mrs. Schaefer why is it important to get these liens released and Mrs. Schaefer stated that her son wants to refinance his home and her name is on his mortgage and he could not get a refinance. Address of home that is not in Miami Shores is 11420 NE 8th Avenue, Biscayne Park. Offer to pay $2000 payable within 30 days.

 

Motion: Upon receipt of $2000 payable within 30 days the lien on 11420 NE 8th Avenue, Biscayne Park, Florida, be released.

 

Moved by Manny Quiroga, seconded Robert Vickers.

 

Vote: Motion failed (Summary: Yes = 2 , No = 3, Abstain = 0).

Yes: Manny Quiroga, Chairman Robert Vickers.

No: Barry Asmus, John Patnik, Barry Perl.

 

 

Case(s): 2-11-8142; 2-11-8145; 8-10-7575

Owner: Palazzo Leoni LLC

Address: 9600-9636 NE 2nd Avenue

 

Paul Steinberg was present on behalf of Mrs. Everett for a second time before board and gave summary of the properties being sold on a purchase money mortgage to Camp Biscayne at the Grove LLC, McCoy Properties LLC and Ruben Matz and when money was not paid Mr. and Mrs. Everett began a foreclosure process. Properties were not in violation when they were sold and after doing a lien search when they took back properties the only violation was for the 40 year building certification that was not complete and money owed for storm water and trash. Barry Asmus asked questions regarding notice issued to owners and Attorney Richard Sarafan stated that it is the owner’s responsibility when they buy a property to find out if there are any open and ongoing violations on property. Our code enforcement department issued notice to the owners at the time and it is not our responsibility to check daily if ownership has been transferred. Certified mail was sent to owners and mail was signed and received by Gladys Matz an owner of property at the time before Mrs. Everett took property back. Mr. Asmus stated that in the previous meeting it was established that $118,000 was set aside in escrow which is amount owed to village and Mr. Steinberg had stated that he did have in his possession $25,500 in an account for payments to be made for this property. Mr. Asmus asked Mr. Steinberg if amount of $25,500 was amount of money left over in escrow account after paying for permits and contractors from the $118,000 and Mr. Steinberg said no, the amount of $25,500 is a separate account that has been available since 2012 but is not aware how much is left from the construction fund of $118,000.00. Attorney Richard Sarafan asked Mr. Steinberg what would happen if board does not approve a reduction and Mr. Steinberg assumes that Mrs. Everett will have to pay $118,000 and she has assumed the responsibility to get lien taken care no matter what the circumstance. Offer to pay $15,000 payable within 30 days.

 

 Motion: Upon receipt of $25,500 payable within 30 days the liens on this property be released.

 

Moved by Manny Quiroga, seconded by Barry Asmus

 

Vote: Motion passed (Summary: Yes = 3, No = 2, Abstain = 0).

Yes: Barry Asmus, John Patnik, Manny Quiroga,

No: Barry Perl, Chairman Robert Vickers.

 

 

Case(s):8-12-10276

Owner: Chantel Gibon

Address: 326 NE 92 St.

 

Ms. Gibon was present and stated that property is rented and after meeting with Michael Orta she asked tenant to clean roof and was not aware that violation was not cured. Property is going through a short sale process and after a recent lien search they discovered lien on property. Board members asked questions and staff stated that Mrs. Gibon was not receptive when he mentioned violation and remedy. Barry Asmus asked if there was a pending sale date and amount of sale and Ms. Gibon answered yes May 15th and price is $525 but $700 is still owed. Property was rented for $3300 a month. Barry Perl asked how was rent paid by mail or physically in person and Ms. Gibon stated she went to property but was not their often. Ms. Gibon asked why she was never notified of violation and Attorney Richard Sarafan showed Ms. Gibon a letter sent and signed by her addressed to the code enforcement officer asking for more time. She said she was aware of that but why was she not notified that it was not complete and Attorney stated that she met with code officer and he gave her the deadline and it was up to her to communicate and follow up with tenant not the code officer. Offer to pay $500 payable within 30 days.

 

No motion.

 

 

Case(s):7-12-10225; 4-12-9893; 8-13-11709

Owner: Kalyani Ventures LLC

Address: 30 NW 92 St.

 

Steve Sussman managing member of the Kalyani Ventures LLC stated the fines have been accruing for about 18 to 22 months due to death of previous owner’s Robert Hawk that died late 2010. Mr. Sussman bought home about a month ago and took immediate action to cure violations. He is glad that city does enforce the code so that properties are maintained but does request relief because he was not the violator. The intention for this home is to renovate home because it does need extensive repairs and then will probably rent home but not until it is fully remodeled. Board asked where deed was sent from and Mr. Sussman said he received it by an estate. Offer to pay $6500 payable within 30 days.

 

Motion: Upon receipt of $6500 payable within 30 days the lien on this property be released. Moved by Manny Quiroga, seconded by Barry Perl.

 

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

Yes: Barry Asmus, John Patnik, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

 

 Case(s):5-09-573

Owner: Shahriar Bahmani

Address: 360 NE 103 St.

 

Mr. Bahamani recently sold home and was present to mitigate fine. Board asked questions and Mr. Bahmani stated $4,100 of money owed to village was in escrow and he wanted to get some money back. Mr. Bahmani had hired a contractor to replace windows and door but they didn’t pull a permit even after he paid for permits to be pulled. Emails were presented as evidence that there was communication between contractors that eventually completed work with permits. Offer to pay $800 payable within 30 days.

 

Motion: Upon receipt of $800 payable within 30 days the liens on this property be released.

Moved by Barry Perl, seconded by Robert Vickers.

 

Board discusses that money owed to village is in escrow.

Vote: Motion passed (Summary: Yes = 3 , No = 2, Abstain = 0).

Yes: Barry Perl, Manny Quiroga, Chairman Robert Vickers.

No: Barry Asmus, John Patnik,

 

 

Case(s): 4-09-5654

Owner: Stirling Homes LLC

Address: 74 NE 109 St.

 

Michael Heidt attorney for Sterling homes was present and presented pictures of how home looks now. Violation was cured prior to Stirling homes possession but they did maintain property and cleaned roof for a second time through their ownership. House is for sale and there is a contract on house but not aware of closing date. Offer to pay $2500 payable within 30 days.

 

Motion: Upon receipt of $2500 payable within 30 days the lien on this property be released.

Moved by Barry Perl, no second.

Motion Failed for lack of second.

 

 

Case(s): 9-10-7617; 9-10-7618

Owner: Jorge Lopez

Address: 10151 NE 14 Avenue

 

Karen Alvarez was present as realtor on behalf of owner. Property is in short sale and after receiving some offers owner and realtor agree to market properly the liens must be taken care of before sale. Owner had a business in the design district and because of high rent he was forced out and is now losing his home. Sellers will not be making a profit from sale but would like to keep some type of credit rather than to fall into foreclosure. Board asks questions regarding time frame needed by seller if relief granted. Offer to pay $2,500 payable within 120 days.

 

 

Motion: Upon receipt of $2,500 payable within 120 days the liens on this property be released.

Moved by Barry Perl, seconded by Chairman Robert Vickers.

 

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

Yes: Barry Asmus, John Patnik, Barry Perl, Manny Quiroga, Chairman Robert Vickers.

 

 

 

Motion: Approval of Minutes for April 2014.

Moved by Barry Asmus, seconded by Manny Quiroga.

Vote: Motion passed unanimously.

 

NEXT MEETING

The next meeting will be on June 05, 2014

 

ADJOURNMENT

May 01, 2014 Code Board meeting was adjourned 8:45 p.m.

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