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CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 04, 2013

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, April 04, 2013

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 04, 2013, 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, Barry Perl, Manny Quiroga, Rod Buenconsejo, Chairman Vickers.

 

 

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

                                               

All witnesses were sworn in by the Village Attorney, Richard Sarafan.

 

FIRST HEARING

Chairman acknowledges that no one is present for first hearing.

 

Summary Adjudication for 1st Hearings:

 

Case#’s: 10-12-10576; 11-12-10628; 1-13-10690; 1-13-10691; 1-13-10751; 1-13-10756; 1-13-10775; 1-13-10807; 1-13-10821; 1-13-10844; 12-12-10663; 2-13-10858; 2-13-10865; 2-13-10872; 2-13-10873; 2-13-10876; 2-13-10883; 2-13-10886; 2-13-10910; 2-13-10918; 2-13-10943; 2-13-10945; 3-13-11103; 3-13-11104; 13-11105.

 

 

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 except case 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 the time period specified by Staff in the Staff recommendations for these hearings 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 passed unanimously.

 

 

PENALTY HEARINGS

 

Chairman acknowledges that no one is present for penalty hearing.

 

 

Summary Adjudication for Penalty Hearings:

 

Case #’s: 10-12-10532; 11-12-10617; 1-13-10725; 1-13-10726; 1-13-10742; 1-13-10743; 1-13-10744; 1-13-10745; 1-13-10754; 2-13-10853; 2-13-10854; 2-13-10855; 2-13-10867; 2-13-10889; 2-13-10890; 2-13-10892; 2-13-10896; 2-13-10900; 2-13-10902; 2-13-10947.

 

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: 2002-02790; 2005-05733; 2005-05734; 2005-5761; 3-09-5536

Owner: Rafael Medina

Address: 189 NW 102 St.

 

Mr. Mullin on behalf of Rafael Medina mentioned after two prior meetings with board he reviewed case files with more detail and found discrepancies with notifications made by code officers. Board members asked Mr. Mullin, Legal department and staff. Offer to pay $10,000 payable within 10 days.

 

Move that upon receipt of $10,000 payable within 30 days the lien on this property be released.

Moved by Barry Perl, seconded by Bob Smith

Vote: Motion failed. (Summary: Yes = 2, No = 5, Abstain = 0).

Yes: William Robert Smith, Barry Perl.

No: Barry Asmus John Patnik, Manny Quiroga, Rod Buenconsejo, Chairman Vickers.

 

 

Case: 7-10-7369

Owner: Saghar Leslie Naghib

Address: 1700 NE 105 St. Apt. 209

 

Ms. Leslie Naghib was present and stated she paid a licensed contractor in full and that was also a family friend to pull permits and complete renovation in her apartment. Contractor completed work but never called for final inspections. After many attempts to contact contractor and ultimately filing legal action did the contractor respond and close permits. Board members asked questions regarding permits. Staff gave information corroborating information presented. Offer to pay $500 payable within 30 days.

 

Accept offer of $500 payable within 30 days and release lien.

Moved by Manny Quiroga, seconded by Barry Asmus.

Vote: Motion passed unanimously (Summary: Yes = 7, No = 0, Abstain = 0).

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

 

 

Case: 8-11-8937

Owner: Catulo Palau

Address: 500 NE 92 St.

 

Daisy Palau was present and stated she is on a fixed income and did not have the funds to paint home. She had some work done but never finished and Mr. Catulo Palau was her father and is now deceased. Ms. Palau needs to transfer home into her name and because of lien she request board to accept offer. Board members asked questions. Offer to pay $1000 payable within 30 days.

 

Moved to accept offer of $1000 payable within 30 days.

Moved by Manny Quiroga, seconded by Barry Asmus.

Vote: Motion passed unanimously (Summary: Yes = 7, No = 0, Abstain = 0).

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

 

 

 

Case: 11-09-6524; 12-11-9263

Owner: Mary Inhoffer & Mark Stose

Address: 295 NE 95 St.

 

Mr. and Mrs. Stose were present and mentioned that they lived out of state and renters informed them that the roof was leaking. After several attempts to fix roof with products they realized they had to put on a whole new roof. Because they lived out of the state a temporary fix was to place tarp on roof. Once they were aware of the violations they tried to remedy problem but with lack of funds they unfortunately had a lien placed. Board members asked questions. Offer to pay $12,400 within 60 days.

 

Move to accept offer of $12,400 payable within 60 days.

Moved by Barry Asmus, seconded by Manny Quiroga.

Vote: Motion passed unanimously (Summary: Yes = 7, No = 0, Abstain = 0).

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

 

 

 

Case: 9-10-7704; 4-12-9839

Owner: Real 7 LLC

Address: 1020 NE 104 St.

 

Mr. Golden was present as attorney for Real 7 LLC and stated owner bought property with lien and resolved one violation within 5 weeks of closing. Board members had questions. Offer to pay $4,500 payable within 30 days.

 

Move to accept $4,500 payable within 30 days and release lien on this property and this property only.

Moved by Barry Asmus, seconded by Rod Buenconsejo

 

Discussion by board and Village Attorney on release of this property and this property only.

Mr. Asmus moved to remove this property and this property only from motion. Seconded by Rod Buenconsejo.

Vote: Motion passed unanimously (Summary: Yes = 7, No = 0, Abstain = 0).

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

 

Case:10-12-10485

Owner: Maria Isabel Castillo Avila

Address: 1080 NE 92 St.

 

Carlos Nolasco realtor was present and stated property was rented and Avila was living out of the country and renter did not inform her of violations. Ms. Avila recently lost her husband and her income is not great. Board members asked questions. Attorney made note that there was no power of attorney in file and asked board that if anything was approved tonight that it be contingent on Mr. Nolasco giving the village a power of attorney satisfactory to the village attorney. Offer to pay $200 within 30 days.

 

Move to accept offer of $200 payable within 30 days contingent on Mr. Nolasco providing the village with a power of attorney satisfactory to village attorney.

Moved by Rod Buenconsejo, seconded by John Patnik.

Vote: Motion passed. (Summary: Yes = 6, No = 1, Abstain = 0).

Yes: Barry Asmus, John Patnik, William Robert Smith, Rod Buenconsejo, Chairman Vickers.

No: Barry Perl.

 

Case: 11-06-1355; 7-08-4517; 7-08-4516

Owner: Curtis Whittaker

Address: 429 NE 99 St.

 

Nancy Dawson was present on behalf of owner and stated house is in a pre-foreclosure process and owner is trying to short sale property. Board members had questions. Offer to pay $7,000 payable within 90 days.

 

 

Move that upon receipt of $14,355 payable within 180 days the lien on this property be released.

Moved by Barry Perl, seconded by Barry Asmus.

Vote: Motion passed. (Summary: Yes = 6, No = 1, Abstain = 0).

Yes: Barry Asmus, John Patnik, William Robert Smith, Rod Buenconsejo, Barry Perl.

No: Chairman Vickers.

 

Motion to approve March minutes.

Moved by Manny Quiroga seconded by Barry Asmus.

Motion passed unanimously.

 

 

 

NEXT MEETING

The next meeting will be on May 02, 2013

 

 

ADJOURNMENT

April 04, 2013 Code Board meeting was adjourned.

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman