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CODE ENFORCEMENT BOARD MEETING MINUTES Thursday JULY - 5- 2012

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday July 05, 2012

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday July 05, 2012, at the Miami Shores Village Hall. The meeting was called to order at

6:00 p.m. by Acting Chairman, Barry Asmus.

 

 

Present: Robert Vickers, John Patnik, Robert Swan, Barry Perl, Rod Buenconsejo, Barry Asmus.

Absent/Excused: Manny Quiroga

 

Jesus Suarez, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

                                               

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

 

FIRST HEARING

 

Case: 4-12-9821

Owner: Emmanuel Aldabe

Address: 758 NE 95 St.

Violation: Sec. 6-4

 

Officer Mike Orta gave summary of case. Mr. Aldabe was present as new owner and stated he was not aware of the violation until today’s date because his contractor made him aware of violation. He requested an extension to resolve violation. Board asked questions regarding compliance.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Robert Vickers

With respect to case(s) 4-12-9821: I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 6-4 of the Miami Shores Village Code. The offending party shall correct all such violations by September 4, 2012. 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 $ 50.00 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30.00 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

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

Motion passed unanimously.

 

Case: 12-11-9288

Owner: Alysia Casebeer

Address: 319 NE 101 St.

Violation: Sec. 6-4 (a)

 

Mr. Flores gave summary of case. Ms. Casebeer was present to state case and requested a little more time to cure violation because she was out of the state. Board members asked questions about violation and compliance.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo.

With respect to case(s) 12-11-9288 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 August 1st 2012 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 $ 50.00 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30.00 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Discussion by board.

 

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

No: Robert Swan.

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

 

Summary Adjudication for 1st Hearings:

Case #’s: 11-11-9160; 1-12-9439; 12-11-9280; 12-11-9282; 2-12-9589;

3-12-9725; 4-12-9778; 4-12-9778; 4-12-9801; 4-12-9801; 4-12-9860;

4-12-9863; 4-12-9865; 4-12-9889; 4-12-9893; 5-12-9921; 5-12-9930;

5-12-9930; 5-12-9941; 5-12-9948; 5-12-9949; 5-12-9971; 5-12-9983; 6-11-8695;

6-12-10038; 6-12-10040; 6-12-10041; 6-12-10045; 6-12-10047; 6-12-10054; 6-12-10091.

 

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

 

Barry Perl asked code officer Anthony Flores about case 6-12-10090, violation is Septic Tank, Drain field left open. Mr. Flores stated it was open and hole was not big enough for a child to fall in but neighbors had complained about smell. Mr. Perl asked to adjudicate violation separately.

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Rod Buenconsejo.

I move for summary adjudication of all such cases except case number 6-12-10090, 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.”

 

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

Motion passed unanimously.

 

Case: 6-12-10090

Owner: Ocwen Financial

Address: 10555 NE 2 Ave.

Violation: Sec. 10-9

 

Motion: Action: Accept, Moved by Barry Perl, Seconded by Robert Vickers.

With respect to case(s) 6-12-10090: I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 10-9 of the Miami Shores Village Code. The offending party shall correct all such violations within 5 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 $250.00 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30.00 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

Discussion by board.

 

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

No: Robert Swan.

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

 

PENALTY HEARINGS

Summary Adjudication for Penalty Hearings:

Acting Chairman Asmus stated that no one has showed for penalty hearing.

 

Case #’s: 1-12-9466; 1-12-9471; 1-12-9510; 3-12-9705; 4-12-9788; 4-12-9799; 4-12-9804; 4-12-9839; 4-12-9840; 4-12-9841; 4-12-9858; 4-12-9890; 5-12-9939; 5-12-9943; 5-12-9950; 5-12-9951

 

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 Robert Vickers, 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.”

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

Motion passed unanimously.

 

 

REQUEST FOR RELIEF

 

Case: 7-10-7450

Owner: Steven Ritter

Address: 29 NW 105 St.

 

Mr. Ritter was present to state case with attorney Barry Shevlin. Mr. Shevlin gave overview of how electric contractor and solar company took money from Mr. Ritter and did not complete work or pull permits which constituted in violation. Mr. Ritter was taken advantage of for $39,000.00 and no work was completed. Board members asked questions regarding company. Offer to pay $1000.00 payable within 30 days.

 

Motion: Accept upon receipt of $1000 payable within 30 days and release lien on this property and this property only.

Moved by Barry Perl, Seconded by Rod Buenconsejo

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

No: Robert Vickers.

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

 

Case: 9293; 12-11-9419; 12-11-9420; 3-07-1803; 3-07-1804; 3-07-1805.

Owner: Paul West

Address: 225 NE 96 St.

Mr. Kelley was present on behalf of Paul West and stated that they bought property in an auction and they brought it into compliance. Mr. Kelley brought detailed list of expenses and what potential profit could be. Board members asked questions and made comments about property. Offer to pay $11,000 payable 21 days.

 

Motion: Accept offer of $11,000 payable within 21 days and release lien on this property and this property only.

Moved by Robert Vickers, Seconded by Robert Swan.

Vote: Yes: Robert Vickers, Robert Swan.

No: John Patnik, Barry Perl, Rod Buenconsejo. Barry Asmus.

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

 

Mr. Asmus requested that if Mr. Kelley comes back representing this case that he bring a copy of the construction loan that shows who the construction loan is to, a detailed listing of real estate closing fees, and who the selling agent is, if it’s not the listing agent.

 

Case: 3-08-3810; 5-08-4201

Owner: E Trade Bank

Address: 190 NW 102 St.

 

Mr. Darren Schienbaum works for Bayview Loan servicing and handles E Trade Bank account. He was present to state they brought property into compliance and house is under contract. Board members asked questions. Offer to pay $5000.00 payable within 60 days.

 

Motion: Accept offer of $5,000 payable within 60 days and release lien on this property and this property only.

Moved by Robert Vickers, Seconded by John Patnik

Vote: Yes: Robert Vickers, John Patnik, Robert Swan, Barry Asmus.

No: Barry Perl, Rod Buenconsejo.

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

 

MINUTES

June minutes approved with corrections.

 

Barry Perl requests for staff to pull building permits for property 25 NE 96 St., Paul West that would indicate work performed on this property.

 

Board Discussion regarding properties bought from banks.

 NEXT MEETING

The next meeting will be on August 02, 2012.

 ADJOURNMENT

July 05, 2012 Code Board meeting was adjourned.