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CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 07, 2013

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, March 07, 2013

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 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: Manny Quiroga, John Patnik, Bob Smith, Barry Perl, Barry Asmus, Chairman Vickers.

 

Absent: Rod Buenconsejo,

 

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

Case: 7-12-10186;

Owner: Ilphemise & Gabriel Fluericort

Address: 525 NW 111 St.

Violation: Code Sec.: 521 (b) (1 )a

 

Officer Flores gave presentation regarding violation. Mrs. Fluericort was present and stated that property is in foreclosure and the funds are not available to pave approach to driveway. The intention is to correct violation but does not have money at the current time. Board members ask questions.

 

 

MOTION: In case 7-12-10186 I move for a finding of fact and conclusion of law that a violation of code section 521 (b) (1)a of the village code exists. The offending party shall correct the violation within 28 days and immediately notify the Code Enforcement Officer when the property is brought into compliance. 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 $100 a day assessed against the violator. Retroactive to the original compliance deadline, which will constitute a lien on the property of the violator. Costs in the amount of $30 for tonight’s hearing are hereby assessed in order to recoup the Village’s expenses in prosecuting the violations to date.”

 

Moved by Barry Perl, Seconded by Barry Asmus

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

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

No: Manny Quiroga

Motion passed.

 

Case: 7-12-10189;

Owner: Ilphemise & Gabriel Fluericort

Address: 525 NW 111 St.

Violation: Code Sec.: 12-133

 

Mr. Flores stated property is in violation due to exterior walls in need of paint. Mrs. Fleuricort once again agrees that the property is in violation and would like to remedy the violation by painting but does not have the funds at the moment.

 

 

MOTION:In case 7-12-10189 I move for a finding of fact and conclusion of law that a violation of code section 12-133 of the village code exists. The offending party shall correct the violation within 28 days and immediately notify the Code Enforcement Officer when the property is brought into compliance. 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 $50 a day assessed against the violator. Retroactive to the original compliance deadline, which will constitute a lien on the property of the violator. Costs in the amount of $30 for tonight’s hearing are hereby assessed in order to recoup the Village’s expenses in prosecuting the violations to date.”

 

Moved by Barry Perl, Seconded by Barry Asmus

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

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

No: Manny Quiroga

Motion passed.

 

Summary Adjudication for 1st Hearings:

 

Case#’s: 10-12-10500; 10-12-10532; 10-12-10548; 1-13-10701; 1-13-10725; 1-13-10726;1-13-10742; 1-13-10743; 1-13-10744;1-13-10745; 1-13-10754; 1-13-10758; 1-13-10826; 1-13-10844; 12-12-10680; 2-13-10854; 2-13-10855; 2-13-10867; 2-13-10881; 2-13-10887; 2-13-10889; 2-13-10890; 2-13-10891; 2-13-10892; 2-13-10893; 2-13-10896; 2-13-10897; 2-13-10900; 2-13-10901; 2-13-10902; 2-13-10903; 2-13-10947; 7-12-10203.

 

 

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.”

Motion: Action: Accept, Moved by Manny Quiroga, Seconded by Barry Asmus.

 

Motion passed unanimously.

 

Board asked staff about case 2-13-10853. Keeping certain animals prohibited.

Case: 2-13-10853

Owner: Abraham & Sweeney PA

Address: 428 NE 91 St.

Violation: Code Sec.: 5-3

 

Code officer Mike Orta and Anthony Flores show board members pictures and police report of thousands of snakes in containers. Snakes are constrictors of all types. Board members review pictures and ask if owner has a license. The owner does have a license but this type of animal and quantities are not allowed in city of Miami Shores.

 

 

 

MOTION: In case 2-13-10853 I move for a finding of fact and conclusion of law that a violation of code section 5-3 of the village code exists. The offending party shall correct the violation within 10 days and immediately notify the Code Enforcement Officer when the property is brought into compliance. 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 $250 a day assessed against the violator. Retroactive to the original compliance deadline, which will constitute a lien on the property of the violator. Costs in the amount of $30 for tonight’s hearing are hereby assessed in order to recoup the Village’s expenses in prosecuting the violations to date.

 

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

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

Motion passed unanimously

 

 

PENALTY HEARINGS

 

No one present for penalty hearing

 

 

Summary Adjudication for Penalty Hearings:

 

Case #’s:.10-12-10492; 10-12-10513; 10-12-10526; 10-12-10549; 12-12-10630; 12-12-10631; 12-12-10632; 12-12-10633; 12-12-10634, 12-12-10635; 12-12-10643; 12-12-10645; 12-12-10665; 12-12-10679; 7-12-10191; 9-12-10339; 9-12-10394; 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: 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

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

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 was present and offered to pay $15,000 payable within 15 days. Board members asked questions regarding liens and when filing of liens took place. Board members discuss how Title Company should be responsible for all liens. Mr. Mullin mentioned that liens were placed prior to Mr. Medina’s possession and violations were not his doing. Offer amended by Mr. Mullin to $25,775.00 payable within 20 days.

 

MOTION: Move to accept offer of $25,775 payable within 20 days and release the liens on this property and this property only.

 

Moved by Manny Quiroga, Seconded by Robert Vickers

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

Yes: Manny Quiroga, John Patnik, Chairman Vickers.

No: William Robert Smith, Barry Perl, Barry Asmus

 

 

Case: 4-11-8465; 4-11-8466

Owner: Opus Overseas, LLC

Address: 315 NE 98 St.

 

Kymberlee Smith was present as attorney and stated owner travels back and forth from Haiti to Miami because she runs a school in Haiti. House is occupied by daughter and boyfriend but they too do extensive traveling. They were aware of the violations but because of travel and not being home they could not remedy violation but worked on curing problem as soon as possible. Board members asked questions. Offer to pay $2000 within 10 days.

 

MOTION: Upon receipt of $5000 payable within 60 days the liens on this property and this property only be released.

Board discussion. No second.

 

MOTION: Motion that lien be satisfied in the amount of $3500 payable within 30 days and the liens on this property and this property only be released.

 

Moved by Robert Vickers, Seconded by Barry Asmus.

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

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

No: Manny Quiroga,

 

 

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

Owner: Miami Shores Center LLC

Address: 9820/9830 NE 2nd Ave

 

Orit Mimoun was present for the 5th time and offered $4000 payable within 10 days.

 

MOTION: With regard to cases 4-10-6980; 8-11-8861, Miami Shores Center LLC I recommend we accept $4000 payable within 10 days and release liens on this property and this property only.

 

Moved by Robert Smith, Seconded by Robert Vickers.

Vote: Motion passed. (Summary: Yes = 4, No = 2, Abstain = 0).

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

No: John Patnik, Barry Asmus.

 

Case: 8-09-6116; 8-09-6125; 5-09-5723

Owner: John Enriquez

Address: 10 NW 110 St.

 

John Enriquez was present as owner and stated shortly after purchasing home, he lost his job and had to rent property to ex-fiancé’s family members. All the violations were made by renters and he tried to work with code officers but was unsuccessful in curing violations for a long time until he evicted renters. Board members asked questions. Code officer testified to problem in the neighborhood. Home is in a short sale process and upon approval by board he will inform bank to include amount with sale. Offer of $20,000 payable within 180 days.

 

MOTION: Would recommend in cases 8-09-6116; 8-09-6125; 5-09-5723 the village accept $29,745 payable within 180 days and the liens on this property and this property only be released.

Moved by Robert Smith, Seconded by Barry Perl.

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

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

 

 

 

Case: 4-08-4108

Owner: Pierre Leroy

Address: 9301 NW 2nd Ct.

 

Mr. Leroy was present for a second time and mentioned due to hardship he was not able to comply with violation, which was to pave deteriorated approach. Staff gave testimony about interaction with homeowner and mentioned Mr. Leroy was pleasant and mentioned that due to financial hardship he could not remedy at the time. Offer to pay $700 within 10 days.

 

MOTION: Move to approve offer of $700 payable within 10 days to remove lien on this property and this property only.

 

Moved by Manny Quiroga, Seconded by Robert Smith.

Vote: Motion failed. (Summary: Yes = 2, No = 4, Abstain = 0).

Yes: John Patnik, William Robert Smith,

No: Manny Quiroga, Barry Perl, Barry Asmus, Chairman Vickers.

 

Case: 9-07-2712

Owner: Don Carruso.

Address: 1050 NE 105 St.

 

Mr. Carruso was present for a second time and stated according to his records he spoke to someone in the village believed to be Valerie in the code enforcement department that stated Anthony inspected garage door and everything was ok. He thought violation was taken care of and did not know there was a lien placed on his mother’s home. He has now exhausted all his funds and property is for sale. Board members asked questions. Board discusses previous offer. Offer to pay $10 payable within 5 days.

 

MOTION: Move to accept offer of $10 payable within 5 days and release lien on this property and this property only.

 

Moved by Manny Quiroga,

Motion failed for lack of second.

 

 

Case: 2-11-8245

Owner: Elizabeth Rubio Mederos

Address: 374 NE 95 St.

 

Elizabeth Mederos and husband George Mederos were present as new owners and stated they remedied violation before becoming the owners. One of the violations was a dirty roof and they have since put on a new roof with a permit from the city. Board members asked questions. Staff gave testimony to the improvement that new owners have made and recommend approval of offer. Offer to pay $500 payable within 5 days.

 

MOTION: Move that upon receipt of $500 payable within 5 days that the lien on this property and this property only be released.

 

Moved by Barry Perl, seconded by Many Quiroga.

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

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

 

 

 

 

 

 

 

Case: 5-10-7210; 5-10-7209

Owner: US Bank N.A. as Trustee

Address: 142 NW 99 St.

 

Attorney Dina Toth was present on behalf of bank. Ms. Toth stated property was in foreclosure and liens were recorded after a Lis Pendens but bank remedied violations and would like to offer $5.500.00. Board members asked questions regarding taking possession. Offer to pay $5,500 payable within 15 days.

 

MOTION: Upon payment of $5,500 payable within 15 days the liens on this property and this property only be released.

 

Moved by Robert Smith, Seconded by Barry Perl

Vote: Motion passed. (Summary: Yes = 4, No = 2, Abstain = 0).

Yes: Manny Quiroga, John Patnik, William Robert Smith, Barry Perl.

No: Barry Asmus, Chairman Vickers.

 

Case: 3-07-1735; 3-07-1734; 7-10-7357

Owner: Oscar Velez Abreu

Address: 9377 NE 9th Place

 

Mr. Dutton realtor/attorney was present on behalf of owner. Owner is now in Puerto Rico and has abandoned home. Potential owners remedied violations which were expired permits. Potential owner Valerie Halpern was present and stated for record that she would be purchasing and living in home. Offer to pay $1,500 payable within 10 days.

 

MOTION: Motion to accept $1,500 payable within 45 days and release lien on this property and this property only be released.

 

No second. Board discussion. Motion amended by potential offer.

 

MOTION: Move that upon receipt of $3000 payable within 20 days the lien on this property and this property only be released.

 

Moved by Barry Perl, Seconded by Manny Quiroga.

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

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

 

 

Case: 9-08-4723; 8-08-4632; 10-09-6393

Owner: Miguel Ramos.

Address: 1482 NE 104 St.

 

Judith Kenny attorney for prospective buyer of the property was present and Miguel Ramos owner was also present. Violations were cured by potential owner because owner does not have the funds and property is in the short sale process. Prospective buyer Ramon Slate testified that he would be living in property. Board members asked questions regarding this case because one month ago Heysel Alvarez was present as potential buyer. Mr. Slate mentioned he was the original buyer and would sell to Ms. Alvarez but the circumstances had changed and she would no longer buy home and Mr. Slate and his wife were going to reside at property. Offer to pay $10,000 within 30 days.

 

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

 

Moved by Barry Perl, Seconded by Robert Smith.

Vote: Motion failed. (Summary: Yes = 2, No = 4, Abstain = 0).

Yes: William Robert Smith, Barry Perl.

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

 

Case: 12-11-9366; 12-11-9367; 4-07-1866; 4-07-1918; 12-07-3345; 10-06-1245; 3-12-9703

Owner: Deutsche Bank National Trust Company

Address: 9230 NE 2nd Avenue

 

Mr. Colin Blackwood attorney was present on behalf of bank. Violations were made by squatters and once bank took possession after the eviction process took place they remedied violations. House is for sale and bank’s offering to pay $15,000 payable within 10 days.

 

MOTION: Upon receipt of $25,000 payable within 60 days the liens on this property and this property only be released.

 

Moved by Barry Perl seconded by Manny Quiroga.

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

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

No: Barry Asmus.

 

 

Case: 12-11-9378; 12-11-9379; 12-11-9376; 12-11-9377

Owner: Rose and Julian Jean Baptiste

Address: 141 NW 98 St.

 

David Hunter neighbor and Mr. Baptiste were present and stated there was a little of a language barrier and Mr. Baptiste moved and discarded all items when told to do so. Mike Orta gave testimony as to how many times he spoke to Mr. Baptiste. Board members asked questions. Offer to pay $1000 within 30 days.

 

MOTION: Accept $3000 payable within in 30 days and release the liens on this property and this property only.

 

Moved by Robert Vickers, Seconded by Barry Perl.

Vote: Motion passed. (Summary: Yes = 4, No = 2, Abstain = 0).

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

No: Manny Quiroga, Barry Asmus.

 

 

Case: 8-11-8944

Owner: Carmen Solorzano

Address: 460 NE 95 St.

 

Mary Peters was present as owner and mentioned she was not aware of violation because at the time she was traveling back and forth from Texas to her parents’ home here in Miami. She currently resides full time in Texas. A family member was at the home and did not inform her of the violation or lien until a couple of weeks ago. Code officer Mike Orta gave testimony as to the conversation that transpired with the occupant at the home and as to his answer regarding violation. Offer to pay $1500 payable within 5 days.

 

MOTION: Accept offer of $1500 payable within 10 days and release lien on this property and this property only.

 

Moved by Manny Quiroga, Seconded by Barry Perl.

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

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

 

 

 

 

Case: 12-11-9283; 8-10-7588

Owner: Shores Landing/ Ruben Matz

Address: 9710 NE 2nd Avenue

 

 

Mr. Matz was present and gave background history as owner of property in Miami Shores. Mentioned that one violation was due to not following up with permit for 50 year re-certification and another was due to a tenant constructing in the rented space. Board members asked questions. Offer to pay $4000 payable within 60 days.

 

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

 

Moved by Barry Asmus, Seconded by Barry Perl.

Motion amended to 90 days and seconded by Barry Perl.

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

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

 

 

Discussion on February Meeting Minutes. Motion to remove 3rd to last sentence beginning from Board members and ending with word reduction.

Moved by Barry Asmus. Seconded by Barry Perl.

Motion passed unanimously.

 

 

Board approval of correction of minutes.

Barry Asmus, Seconded by Manny Quiroga.

 

 

Board members discuss amending NOV and Enforcement order from 30 days of compliance to 28 days.

Manny Quiroga and Barry Perl second amending NOV and Enforcement orders to 28 days.

Motion passed unanimously.

 

 

Board comments on tonight’s meeting.

 

  

 

NEXT MEETING

The next meeting will be on April 04, 2013

 

 

ADJOURNMENT

March 07, 2013 Code Board meeting was adjourned.

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman