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CODE ENFORCEMENT BOARD MEETING MINUTES FEBRUARY 07, 2013

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, February 07, 2013

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 07, 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, Rod Buenconsejo, Chairman Vickers.

 

Absent: Manny Quiroga

 

Jesus Suarez, Acting Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

                                               

All witnesses were sworn in by the Acting Village Attorney, Jesus Suarez.

 

FIRST HEARING

Chairman recognizes no one present for first hearing

 

Mr. Flores asked Chairman Vickers if the board would allow hearing testimony by community members against violator Tropical Chevrolet.

 

Discussion by board.

 

Motion to hear testimony.

Moved by Rod Buenconsejo, Seconded by Barry Asmus.

Motion passed unanimously.

 

Case: 12-12-10630; 12-12-10631; 12-12-10632; 12-12-10633; 12-12-10634; 12-12-10635; 12-12-10643; 12-12-10645

Owner: Tropical Chevrolet

Address: 8880 Biscayne Blvd. 9080 NE 6 Avenue. 531 NE 89 Street/

Violation(s):

Code Sec.:523; Quality of building generally

Code Sec.:12-133; Unsightly Fascia, Soffit, House Exterior

Code Sec.:9-2 (a) Collection services generally; container specifications.

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

Code Sec.:12-82; Nondwelling Structures & Fences

Code Sec.:6-1; Adoption of technical code (Florida Building Code)

Code Sec.:6-4(a); Unauthorized construction/expired permits

 

Code Officer Anthony Flores gave testimony about speaking with Tropical Chevrolet and violations on their property. Tropical Chevrolet has not contacted the code enforcement department since meeting in November 2012.

 

 

 

Maria Inez Castro resides at 515 NE 93rd St. and is a Board Member of Shores Villas Association; property which is located behind Tropical Chevrolet. Ms. Castro gave testimony to contacting Code Enforcement Officer Anthony Flores about unacceptable conditions and violations at Tropical Chevrolet. The noise ordinance violation continues because the loud speaker is being used after 11p.m. Tropical Chevrolet did not dispose of their garbage correctly, which then created a big problem attracting rodents and snakes to the town homes.

 

Ashley Beeler lives across the street from Ms. Maria Inez Castro on 93rd St. and agrees with Ms. Castro’s testimony about the noise from Tropical Chevrolet. Tropical Chevrolet is constantly using loud speaker system and is a nuisance.

 

Summary Adjudication for 1st Hearings:

 

Case#’s: 10-12-10492; 10-12-10513; 10-12-10523; 10-12-10524; 10-12-10526; 10-12-10549;11-12-10617; 11-12-10619; 12-12-10630; 12-12-10631;12-12-10632; 12-12-10633; 12-12-10634; 12-12-10635; 12-12-10645; 12-12-10657; 12-12-10665; 12-12-10666; 12-12-10679; 7-12-10137; 7-12-10191; 9-12-10324; 9-12-10325; 9-12-10394; 9-12-10419; 9-12-10454; 9-12-10455.

 

 

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 Perl, 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.

Discussion by board about fines for Tropical Chevrolet. Motion specifies the daily charge will be determined by staff.

 

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

Motion passed unanimously.

 

 

 

 

 

 

 

 

 

 

PENALTY HEARINGS

 

Case: 11-12-10610

Owner: Adriana Bergnes

Address: 101 NE 102 St.

Violation: Code Sec.:518(b) Unauthorized Material – Fences, walls and hedges.

 

Code Officer Michael Orta stated case and mentioned Ms. Bergnes temporarily put up reed screening for protection and privacy. Under our code this material is not permitted.

 

Owner Adriana Bergnes was present to state case, and because of privacy issues and property being exposed to onlookers walking through alley, she has gone ahead and planted Podo Carpous and requests extension to allow hedges to grow in order to remove reed screening.

 

Chairman Vickers mentioned that board is not in a position to allow more time because reed screening is in violation of the village code. Discussion by board members.

 

Motion: “With respect to case(s) 11-12-10610 I move that the property owner be given 14 days to comply and if not in compliance by that time then the penalty originally adjudicated will go into effect retro- active to the original compliance date.

 

Moved by Barry Perl, Seconded by Barry Asmus

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

Motion passed unanimously.

 

Summary Adjudication for Penalty Hearings:

 

Case #’s: 10-12-10469; 10-12-10485; 10-12-10496; 10-12-10497; 10-12-10498; 10-12-10543; 10-12-10560; 11-12-10589; 11-12-10606; 12-10-8001; 4-12-9778; 5-11-8500; 7-12-10124; 9-12-10410; 9-12-10422.

 

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 Rod Buenconsejo Seconded by Barry Asmus

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

Motion passed unanimously.

 

 

 

 

 

 

 

 

 

 

 

 

 

REQUEST FOR RELIEF

 

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

Owner: Miami Shores Center LLC

Address: 9820/9830 NE 2nd Ave

 

Orit Momoun representative for Miami Shores Center LLC was present and mentioned this was the fourth time appearing before the board and gave a summary that the violations were remedied as soon as they were aware of violation. Tenant was responsible for one violation and worked diligently in curing violation. Second violation of dirty awning was brought to their attention only after coming to village and checking on status for first violation. Board members asked questions and made note that certified mail was sent and signed for by someone at office and previous manager was aware of all violations. Offer to pay $3000 payable within 30 days.

 

Upon receipt of $6000 payable within 60 days the lien on this property and this property only be released.

 

Moved by Barry Perl, seconded by John Patnik

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

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

Motion passed unanimously

 

Case: 1-12-9448

Owner: David Lazar

Address: 10635 NE 11 Ave

 

Mr. Lazar was present and stated he was not aware of lien, remedied violation soon after violation was given. He is now working on replacing the roof. Code officer Anthony Flores attested that Mr. Lazar keeps his property well maintained. Board members asked questions. Offer to pay $50 within 10 days.

 

Upon receipt of $100 payable within 10 days, lien on this property and this property only be released.

Moved by Barry Asmus, seconded by Barry Perl.

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

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

Motion passed unanimously

 

Case: 5-07-2043

Owner: Herbert M. Davis

Address: 46 NW 105 ST.

 

Mr. Herbert Davis was present and mentioned roof was damaged by hurricane and insurance company did not want to pay amount to fix roof, therefore violation resulted in a lien. After many years battling insurance company they did go ahead and give funds to fix roof. Board members asked questions. Offer of $2000 payable within 30 days.

 

Move that village accept Mr. Herbert Davis offer of $2000 payable within 120 days and release lien on this property and this property only.

Moved by Robert Smith, Seconded by John Patnik

Vote: Tie (summary: Yes = 3, No = 3, Abstain = 0).

Yes: John Patnik, William Robert Smith, Chairman Vickers.

No: Barry Asmus, Barry Perl, Rod Buenconsejo.

 

Chairman Vickers discusses vote with Mr. Davis.

 

Mr. Davis amended offer to $4000 payable within 20 days.

 

Move that upon receipt of $4000 payable within 20 days the lien on this property and this property only.

Moved by Barry Perl, Seconded by Barry Asmus.

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

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

Motion passed unanimously.

 

 

Case: 4-08-4108

Owner: Pierre Leroy

Address: 9301 NW 2nd Ct.

 

Mr. Leroy was present and stated he was not aware case was still open until he recently received a reminder letter. Mr. Leroy expressed that he lost his job and did not have the funds to pave approach right away and remedy violation. Board members asked questions and asked if he received proper notification. Certified mail receipts were presented as proof that notification was sent. Offer to pay $200 payable within 15 days.

 

Board did not make a motion.

 

Case: 4-09-5633

Owner: Donato Masucci

Address: 1256 NE 92 St.

 

Mr. Masucci was present and stated there was a misunderstanding regarding this case. Mr. Masucci mentioned he did not receive Notice of violation but did receive 2nd notice informing him of violation but was under the impression it was regarding a paint permit. Certified mail receipts were presented as proof that notification was sent and signed for. Board members asked questions regarding final compliance. Offer to pay $200 payable within 10 days.

 

Board did not make a motion.

 

Case: 12-11-9415; 12-11-9416; 12-11-9414; 12-11-9413

Owner: JP Morgan Chase Bank, N.A.

Address: 1155 NE 103 St.

 

Ms. Melissa Groisman was present on behalf of JP Morgan Chase bank and stated because of a previous foreclosure action three of the four liens should have been wiped out. Miami Shores was not named in action but they could go ahead and file the proper paperwork to have Miami Shores wiped out but would like to work with village and offer a settlement. As soon as the writ of possession was given, it took a couple of months to actual get onto property and cure violations. Board members asked questions regarding foreclosure proceedings. Offer to pay $12,350.00 payable within 30 days.

 

Move to accept offer payable within 30 days and release lien on this property only.

Moved by Rod Buenconsejo, Seconded by Barry Perl.

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

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

Motion passed unanimously.

 

 

 

 

 

 

Case: 2000-01802

Owner: Gilda Greene-Lawrence

Address: 10675 NE 11 Ave

 

Gilda Greene was present and stated she bought the home in the transition of when the lien was placed and was not aware of violation. Certified mail shows proof that mail was forwarded to the previous owner. Code officer Anthony Flores attested that lien was placed prior to him working for the village. A couple of years later he issued a courtesy notice to pave driveway and homeowner complied right away. Board members asked questions. Offer to pay 1 penny payable within 10 days.

 

Move the lien be released with nothing paid. This was a glitch that fell through the system.

Moved by Barry Asmus, Seconded by Robert Vickers.

Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).

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

No: Barry Perl.

Motion passed.

 

Case: 9-07-2712

Owner: Don Carruso.

Address: 1050 NE 105 St.

 

Mr. Carruso was present and gave background information regarding plans for home. This was Mr. Carruso’s mother’s home and while she was in assisted living he was responsible for maintaining home. Mr. Carruso’s certified mail was never picked up at post office therefore sent back to village. Mr. Carruso was under the impression after calling the code enforcement office that everything was ok. Mr. Carruso came across lien now that he is trying to sell home. Board members asked questions. Offer to pay $30 in 10 days.

 

Upon receipt of $1,500 within 270 days, the lien on this property and this property only be released.

Moved by Barry Asmus, Seconded by Barry Perl.

Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).

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

No: Chairman, Robert Vickers.

Motion passed.

 

Case: 12-10-8027; 11-11-9203; 11-11-9204

Owner: Regal Estate, Inc. – Danny Reyes

Address: 429 NE 102 St.

 

Danny Reyes was present as partial owner of Regal Estate, Inc. and stated when property was purchased he hired a GC to pull permits and renovate home. The GC did not do the correct thing and began working without permits. As a result owner has now filed suit against GC but GC has filed bankruptcy and therefore owner will not be collecting any monies owed to them. After dealing with fraudulent GC, Mr. Reyes hired another company to bring home up to code. Home had many pre-existing problems and was never cited until they bought home and began the remodeling process. Mr. Reyes is now selling home after initially intending to reside there. Board members asked questions. Offer to pay $15,000 payable within 10 days.

 

Upon receipt of $15,000 payable within 10 days, the lien on this property and this property only be released.

Moved by Barry Asmus, Seconded by Barry Perl

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

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

Motion passed unanimously.

 

 

 

Case: 3-10-6809

Owner: Tracy & Franklin Polzazadze  

Address: 77 NE 100 St.

 

Mrs. Tracy Polzazadze was present and stated the fence was changed by them because the previous fence was falling down. They were not aware of a height restriction. At the time of the violation, her and her husband were living abroad and hired a mailing service to sort through their mail and would receive it in bulk after 3 months at a time. When they received the violation, it was the NOV and Enforcement order together and they immediately contacted a person in the states to pull a permit and remedy violation but contractor failed to close permit. Picture providing proof that the fence was fixed prior to the Code Enforcement date was presented. Property has been remodeled completely since then and the fence is not even there anymore. Board members asked questions. Offer to pay $1000 payable within 30 days.

 

Upon receipt of $3850 payable within 30 days that the lien on this property and this property only be released.

Moved by Barry Asmus. No second.

 

Upon receipt of $1000 payable within 30 days that the lien on this property and this property only be released.

Moved by Barry Perl, Seconded by Rod Buenconsejo

Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).

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

No: Barry Asmus

Motion passed.

 

 

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

Owner: Rafael Medina

Address: 189 NW 102 St.

 

Mr. Thomas Mullin was present on behalf of owner and stated that these cases might be an example of liens slipping through the foreclosure process. The two most recent liens on the property were already dealt with during the foreclosure process and half of the liens placed on the property were already negotiated with a reduction by the village through Assistant Village attorney Ms. Jessica Erenbaum. Foreclosure was completed well over 2 years ago and liens were only discovered at the very end of closing. Owner is asking for a similar reduction as to what was previously granted by the village during the foreclosure process. Board members asked questions regarding Title Company and money set aside in escrow. Mr. Mullin mentioned that because of prior negotiations with the village, amount set aside of $5000 was estimated to be accepted. Offer to pay $10,000 payable within 30 days.

 

Upon receipt of $15,000 payable within 30 days liens on this property and this property only be released.

Moved by Barry Asmus. No second

 

Move to accept $10,000 payable within 30 days and liens on this property and this property only be released.

Moved by Rod Buenconsjo, Seconded by John Patnik

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

Yes: John Patnik, Rod Buenconsejo, Chairman Vickers.

No: Barry Asmus, William Robert Smith, Barry Perl.

 

 

 

 

 

 

Case: 4-09-5623

Owner: Clifton & Mathie Payne

Address: 155 NW 97 St.

 

Mr. and Mrs. Payne were present and stated they were aware of the violation but did not know there was a lien. They are applying for a modification loan and need lien to be released in order to be approved. Board members asked questions. Offer to pay $50 within 30 days.

 

Upon receipt of $100 payable within 180 days the lien on this property be released.

Moved by Barry Perl, Seconded by Rod Buenconsejo

Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).

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

No: Barry Asmus

 

Case: 8-11-8954

Owner: HSL Property Holdings II LLC

Address: 53 NW 106 St.

 

Heysel Alvarez was present on behalf of Mr. Silverstein owner of HSL Property Holdings II LLC. As soon as property was bought by owner, violations were cured and brought property into compliance. Board members asked questions. Offer to pay $3500 payable within 10 days.

 

Upon receipt of $6000 payable within 30 days the lien on this property and this property only be released.

Moved by Barry Asmus, Seconded by Barry Perl.

 

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

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

Motion passed unanimously

 

 

Case: 10-12-10501

Owner: USA Re Acquisitions, LLC

Address: 53 NW 97 St.

 

Mr. Miguel Negrete was present as Manager of USA Re Acquisitions. Two permits were expired and one was attached to a master permit and could not close until a final was inspected. The second permit was finalized soon after. Board members asked questions. Offer to pay $300 within 10 days.

 

Upon receipt of $600 payable within 30 days the lien on this property and this property only be released.

Moved by Barry Asmus, Seconded by John Patnik

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

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

Motion passed unanimously

 

Board discusses weather they will hear case Case: 9-08-4723; 8-08-4632; 10-09-6393

Owner: Miguel Ramos. Address: 1482 NE 104 St.

 

 

Motion to hear case.

Moved by John Patnik, Seconded by Barry Perl.

Vote: No: Barry Asmus, William Robert Smith, Rod Buenconsejo, Chairman Vickers.

Yes: John Patnik, Barry Perl.

Motion Denied.

 

 

December Minutes approved with corrections.

Moved by Rod Buenconsejo, Seconded by Barry Asmus

Motion passed unanimously.

 

Clerk requests that November 03, 2011 minutes are amended to reflect case number

8-11-8944 as address 460 NE 95 St. that is attached to this case was read into the record.

 

Move to accept clerk’s recommendation.

Moved by Barry Asmus, Seconded by Rod Buenconsejo.

Motion passed unanimously.

 

NEXT MEETING

The next meeting will be on March 7, 2012.

 

 

ADJOURNMENT

February 07, 2013 Code Board meeting was adjourned.

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman