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CODE ENFORCEMENT BOARD MEETING MINUTES DECEMBER 06,2012

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, December 06, 2012

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 6, 2012, at the Miami Shores Village Hall. The meeting was called to order at

6:00 p.m. by Chairman, Manny Quiroga

 

Roll Call.

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

 

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 recognizes no one present for first hearing

 

Summary Adjudication for 1st Hearings:

 

Case#’s: 10-1210469; 10-12-10485; 10-12-10496; 10-12-10497; 10-12-10498; 10-12-10528; 10-12-10543; 10-12-10560; 11-12-10589; 11-12-10606; 11-12-10610; 3-12-9755; 5-11-8500; 9-12-10339; 9-12-10410; 9-12-10422; 9-12-10465.

 

Code Officer Anthony Flores states that case 10-12-10571 has been continued.

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Motion: Action: Accept, Moved by Barry Asmus Seconded by Rod Buenconsejo

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.”

 

Motion passed unanimously.

 

 

 

 

PENALTY HEARINGS

 

Chair recognizes that there is no one present for penalty hearings.

 

Summary Adjudication for Penalty Hearings:

 

Case #’s: 10-12-10501; 10-12-10506; 10-12-10508; 7-12-10154; 8-12-10236; 8-12-10237; 8-12-10238; 8-12-10276; 9-11-8992; 9-12-10327; 9-12-10436; 9-12-10437; 9-12-10438

 

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Motion: Action: Accept, Moved by Barry Asmus Seconded by Rod Buenconsejo

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.”

 

Motion passed unanimously.

 

REQUEST FOR RELIEF

 

Case: 2-12-9589

Owner: Patricia Rodriguez

Address: 246 NE 105 St.

 

Patricia Rodriguez was present and reminded board about comments previously expressed concerning violations. Ms. Rodriguez new she had to clean her roof but didn’t realize there was a date of compliance and by not curing violation a lien was placed. Board members asked questions. Offer to pay $480 payable within 60 days.

Motion: Move we accept offer on this property and this property only for $480 payable within 60 days.

 

Moved by Robert Vickers, Seconded by Barry Asmus.

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

 

 

Case: 2-08-3707

Owner: Marie Petit Frere

Address: 174 NW 98 St.

 

Ashley Severe and Marie Petit Frere were present to state case and reminded board about comments previously expressed. Violation was not made purposely and regrets not correcting issue sooner. Board members asked questions. Offer to pay $700 payable within 60 days.

 

Motion: Move to accept offer of the request for relief of $700 and release the lien on this property only payable within 60 days.

 

Moved by Robert Smith, Seconded by Robert Vickers.

 

Vote: Yes: Robert Vickers, John Patnik, Robert Smith, Barry Perl,

No: Barry Asmus, Rod Buenconsejo, Chairman Quiroga

Motion passed. (Summary: Yes =4, No =3, Abstain = 0).

 

 

Case: 4-08-3953

Owner: U.S. Bank National Association

Address: 1175 NE 105th St.

 

George Vasquez representative for Trust field Services, LLC was present on behalf of bank and did not have any information about case or violations. His representation constituted in offering 10% of what is owed in order to release lien.

 

Motion: Upon receipt of $3250 within 30 days the lien on this property and this property only be released.

 

Moved by Barry Asmus, Seconded by Rod Buenconsejo.

 

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

 

 

Case: 1-07-1504; 12-11-9301; 12-11-9301

Owner: Deutsche Bank National Trust Company as Trustee

Address: 10650 NE 10th ct.

 

George Vasquez representative for Trust field Services, LLC was present on behalf of bank and did not have any information about case or violations. His representation constituted in offering 10% of what is owed in order to release lien.

 

 

Motion: Accept offer of $13,010 payable within 30 days on this property and this property only.

Contingent upon Request for relief application is signed.

 

Moved by Robert Vickers, Seconded by Barry Perl.

 

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

 

 

Case: 8-11-8964; 8-11-8965

Owner: Mike Luong

Address: 10500 Biscayne Blvd.

 

Michael Luong was present and stated case how he paid contractor to pull permits and the contractor did not pay MS village for permits. Process to cure violations took a long time because other than having to change contractor, many changes had to be made to plans in order for building codes to be met. Board members asked officer Flores questions. Board members asked questions regarding violations. Offer to pay $4000 payable within 30 days.

 

Motion: Move that for this property and this property only we accept $5200 payable within 30 days. Moved by Robert Vickers, Seconded by John Patnik.

 

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

 

 

 

 

 

 

Case: 1-12-9460; 1-12-9459

Owner: HSL Capital, LP

Address: 164 NE 105th St,

 

Frank Silverstien manager for HSL capital was present representing HSL properties. Mr. Silverstien stated the property was purchased in foreclosure and the violations were inherited. They worked on curing violations. Board members asked questions regarding violations. Offer to pay $5000 payable within 30 days

 

Motion: Accept offer of $5000 payable within 30 days on this property and this property only.

Moved by Robert Vickers ,Seconded by Rob Buenconsejo.

 

Vote: Yes: Robert Vickers, John Patnik, Robert Smith, Barry Perl, Rod Buenconsejo,

No: Barry Asmus, Chairman Quiroga

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

 

Case: 9-10-7360; 7-08-4470; 7-07-2360; 9-07-2641; 07-07-2489; 7-07-2378

Owner: Path Investments

Address: 253 NE 92 St.

 

Mr. Richard Paz was present on behalf of Path Investments and stated this property was purchased from a bank. Bank had a lot of trouble selling property because of violations but Path Investments cured violations and has beautified house. Mr. Asmus stated he researched property records prior to meeting and Attorney Richard Sarafan asked Mr. Asmus to stop looking up information before code board meeting. Board members asked questions. Mr. Paz stated two of the violations were cured before the actual case was closed but date does not reflect this because a master permit was pulled for residential construction that tied two of the violations and even though they were completed; until a final was issued the case could not be closed. Staff gave testimony that previous owner did not take care of home and police was called to property on numerous occasions. Attorney Richard Sarafan reminds board about Village Council resolution that was passed a couple of years ago that encourages board to look kindly when appropriate on people who come in and take these vacant houses and fixes them up. Offer to pay $4500.

 

Motion: Upon receipt of $15,000 within 60 days that the liens on this property and this property only be released.

Moved by Barry Asmus, Seconded by John Patnik

 

Discussion by board regarding motion. Pictures were presented to board members of what house currently looks like. Mr. Vickers asked to Mr. Asmus if he would possibly amend motion to accept $11,800.00 and Mr. Asmus replied no.

 

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

No: Chairman Quiroga

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

 

Case: 12-10-8005

Owner: Paul Adan

Address: 500 NE 97 St.

 

Paul Adan was present and stated he bought property from bank in a foreclosure. Violations were not incurred by him. Mr. Adan did purchase title insurance and mentioned the money for lien is in escrow. Board members asked questions.

 

Motion: Move to deny offer of $3700.

Moved by Robert Vickers, seconded by Barry Asmus.

 

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

 

Case: 12-10-8005

Owner: Ana Pardino

Address: 94 NE 99 St.

 

Ms. Dee lawyer working pro bono for Ana Pardino was present and stated case. Ms. Pardino corrected deteriorated swale violation and was not aware she had to call after violation was cured. Property is in foreclosure, pending a short sale. Board members asked questions. Offer to pay $1000 payable within 60 days.

 

Motion: Accept offer of $1000 payable within 60 days on this property and this property only.

Moved by Robert Vickers, seconded by Barry Asmus.

 

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

 

 

Case: 1-07-1546; 10-11-9087

Owner: Vivian Tookes

Address: 137 NW 106 St.

 

Michael Bustillo was present as potential buyer of property. Vivian Tookes is in foreclosure and property will be sold as a short sale. Mr. Bustillo cured violations and mentioned he might be living in home. Mr. Bustillo’s purchase of this property is also contingent on liens being released. Board members asked questions. Offer to pay $1000 payable within 90 days.

 

Motion: Upon receipt of $11,500 within 90 days that the liens on this property and this property only, only if Michael Bustillo is the buyer of this property.

Moved by Barry Asmus, seconded by Robert Vickers.

 

Vote: Yes: Robert Vickers, Robert Smith, Barry Asmus, Barry Perl, Rod Buenconsejo.

No: John Patnik, Chairman Quiroga

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

 

Case: 4-10-6980; 8-11-8861

Owner: Miami Shores LLC

Address: 9820/9830 NE 2nd Ave.

 

Orit Momoun was present and reminded board about comments previously expressed concerning violations. Board members asked questions.

 

Motion: Upon receipt of $6000 within 60 days that the liens on this property and this property only be released.

Moved by Barry Asmus, seconded by Barry Perl.

Discussion by board members. Mr. Vickers asked if Mr. Asmus would consider amending his motion to $4,900 and Mr. Asmus replied no.

 

Vote: Yes: Robert Vickers, John Patnik, Robert Smith, Barry Asmus, Barry Perl,

No: Rod Buenconsejo, Chairman Quiroga.

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

 

Motion to hear case.

Moved by Barry Asmus, seconded by Robert Vickers

 

Discussion by board.

 

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

No: Barry Perl.

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

 

Case: 12-11-9316; 3-10-6887; 3-10-6885

Owner: Abdul Samad Muktar and Camile Harris

Address: 15 NE 104 St.

 

Mr. Muhtar was present and state cases about violations. Mr. Muhtar’s parents in law are owners of home and they currently live out of state and when notices were mailed certified, since his name did not match mailing the post office did not give mail to him. He did speak to code officer on occasions and remedied violations to the best of his knowledge. While being out of the country Mr. Muktar’s home caught on fire and is now seeking to relief in order to receive money from insurance company to fix home. Board members asked questions.

 

Board has chosen not to make a motion.

 

Attorney Richard Sarafan gave new information regarding liens attached to properties previously owned by a current Miami Shores owner. Questions by the board regarding information presented.

 

Mr. Asmus requested that a change to the request for relief application is made regarding public record dates and amounts of purchase. Village attorney offered suggestion to add to request for relief form, that states if part of your reason for relief is that you obtained title on a specific date please come to the meeting prepared with the date and amount paid.

 

Board Appointments

Motion: To nominate Robert Vickers as Chairman of the Code Enforcement Board. Moved by Barry Asmus, Seconded by Manny Quiroga.

 

Motion: To nominate Barry Perl as Chairman of the Code Enforcement Board.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

 

Motion: Close nomination. Moved by Rod Buenconsejo, Seconded by Manny Quiroga.

Motion passed unanimously.

 

Vote: Robert Vickers: Barry Perl, Barry Asmus, Manny Quiroga, Robert Smith, John Patnik, And Robert Vickers

Vote: Barry Perl: Rod Buenconsejo.

(Summary: Robert Vickers=6; Barry Perl = 1.)

Mr. Robert Vickers was elected Chairman of the Code Enforcement board.

 

 

 

 

Motion: To nominate Barry Perl as Vice Chairman of the Code Enforcement Board. Moved by Barry Perl, Seconded by Rod Buenconsejo.

 

Motion: To Nominate Barry Asmus as Vice Chairman of the Code Enforcement Board. Moved by Robert Vickers, Seconded by John Patnik.

Motion: Close nomination. Moved by Rod Buenconsejo, Seconded by Barry Asmus.

Motion passed unanimously.

 

 

Vote: Barry Perl: Rod Buenconsejo, Barry Perl, Manny Quiroga, Robert Smith, Robert Vickers.

Vote: Barry Asmus: Barry Asmus, John Patnik,

(Summary: Barry Perl=5; Barry Asmus = 2.)

Mr. Barry Perl was elected Vice Chairman of the Code Enforcement board.

 

 

November Minutes approved.

Moved by Barry Perl, Seconded by Robert Vickers.

 

NEXT MEETING

The next meeting will be on February 7, 2012.

 

 

ADJOURNMENT

December 06, 2012 Code Board meeting was adjourned.

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Manny Quiroga, Chairman