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CODE ENFORCEMENT BOARD MEETING MINUTES JULY 11, 2013

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, July 11, 2013

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday June 11, 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, Manny Quiroga, Rod Buenconsejo,

 

Absent: Chairman Robert Vickers, Barry Perl, and Bob Smith,

 

Aaron Blynn, Acting Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

 

 

 

Chairman and Vice Chairman not present. Board votes to decide who will run meeting.

Motion: Move that Mr. Asmus run the meeting.

Moved by Manny Quirgoa, Seconded by John Patnik

Motion passed unanimously.

                                   

 

All witnesses were sworn in by Clerk.

 

FIRST HEARING

Case: 3-13-11112

Owner: Clifton Payne

Address: 155 NW 97 St.

Violations: 537 (a)

 

 

Code officer Mike Orta was present and gave timeline of when he spoke to owner about violations on property. Mr. Payne did remedy a few violations but mentioned mom fell ill and she did not live in town, therefore when he received notice he didn’t comply with date because his mom passed away and he was attending to other matters. Mr. Payne is requesting an extension of another 30 to remedy violation. Board makes note that next meeting is 19 days away.

 

Motion: With respect to case(s): 3-13-11112 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s)537(a) of the Miami Shores Village Code. “The offending party shall correct all such violations by September 5, 2013 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 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Manny Quirgoa, Seconded by Rod Buenconsejo

Motion approved unanimously.

 

 

Case: 5-13-11330

Owner: Laurence and Hermine Carroll

Address: 53 NE 106 St.

Violations: 537(I)

 

Mr.and Mrs. Carroll were present and mentioned that they had been in contact with the public works department and had also spoken to Scott Davis, the public works director about planting in the swale but were not sure if they had permission or not to plant because there is no set procedure on how to obtain permission prior to planting on swale and nothing was confirmed in writing. Mr. Carroll stated that some type of agreement was verbally communicated when they discussed what trees were and were not allowed in the swale and the public works department did not have an issue with regards to what was being planted on swale by them. With regards to case 5-13-11331 they are seeking an extension because although they have been in contact with the city manager and have some correspondence they have not received any response to the most recent letter sent seeking clarification on certain terms. Code officer Anthony Flores provided pictures to board regarding swale and mentions that there isn’t a procedure in place regarding planting on swale but some of the material used in the swale is not allowed. Board asked staff when village would have a definite answer on this issue and staff mentioned by next meeting it should be resolved.

 

Motion to table case 5-13-11330 to August 1st meeting.

Moved by Manny Quiroga. Seconded by John Patnik.

Motion passed unanimously.

 

Regarding case 5-13-11331 code officer Anthony Flores states vegetable gardens are only permitted in the rear yard and Mr. and Mrs. Caroll’s front yard is almost completely covered by a vegetable garden. Pictures are presented to board. Board asked if the plants are producing vegetables and Mrs. Caroll mentioned that she needed a clarification of what the definition of vegetable was based on the code. Chairman asked what type of plants/vegetables where growing and staff and Mr. and Mrs. Caroll confirmed that there are strawberries, scallions, there was broccoli/lettuce type of vegetable at one point in time and other vegetables. Mr. Carroll requests that the code be updated and changed because land usage has changed in the last couple of years. Mr. Caroll states that there are vegetables out there but there is a mix of plants. Code Officer Flores agrees that there is a mix but the majority of what is in front lawn is a vegetable. Board clarifies that this board is designed to enforce code; the only boards that could change code would be planning and zoning or the council. Chairman requests that Mrs. Caroll make a list of all the vegetables she presently has in her garden Mrs. Carroll reiterates that all she wishes to have is a clarification in writing to what the definition of a vegetable is and a list of what would be allowed because her garden changes from year to year depending on what grows and what does not. Chairman makes notes of questions to that will need to be answered by Richard Sarafan our village attorney that was not present at meeting.

 

Motion to table case 5-13-1131 to August 1st meeting.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

Discussion by board.

Motion passed unanimously.

 

 

Summary Adjudication for 1st Hearings:

Case#’s: 1-13-10770; 1-13-10785; 1-13-10818; 1-13-10819; 2-13-10864; 2-13-10925; 3-13-11005; 3-13-11006; 3-13-11007; 3-13-11045; 3-13-11081; 4-13-11154; 4-13-11189; 4-13-11198; 4-13-11199; 4-13-11200; 4-13-11201; 4-13-11205; 4-13-11208; 4-13-11209; 4-13-11210; 4-13-11239; 4-13-11253; 4-13-11254; 4-13-11255; 4-13-11256; 4-13-11281; 5-13-11332; 5-13-11337; 5-13-11376; 5-13-11416; 5-13-11417; 6-13-11455; 6-13-11456; 6-13-11475; 6-13-11493; 6-13-11495

 

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

Board members ask staff about certain violation before making motion.

 

MOTION: I move for summary adjudication of all such cases 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 by August 1st, 2013 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 Quirgoa, Seconded by Buenconsejo.

Motion passed unanimously.

 

 

PENALTY HEARINGS

 

Chairman acknowledges that no one is present for penalty hearing.

 

Summary Adjudication for Penalty Hearings:

Case #’s: 1-13-10765; 1-13-10802; 1-13-10832; 2-13-10910; 3-13-11011; 3-13-11014; 3-13-11043; 3-13-11070; 3-13-11098; 3-13-11101; 3-13-11102; 4-13-11146; 4-13-11149; 4-13-11165; 4-13-11170; 4-13-11171; 4-13-11172; 4-13-11173; 4-13-11174; 4-13-11175; 4-13-11176; 4-13-11214; 4-13-11215; 5-13-11310; 5-13-11318; 5-13-11378; 5-13-11379; 5-13-11380; 5-13-11381; 5-13-11382.

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: 4-08-4108

Owner: Pierre Leroy

Address: 9301 NW 2 Ct.

 

Mr. Leroy was present for third time and asked board for help in accepting offer in order to release lien. Mr. Leroy was unemployed for about a year and did not have the funds to pave approach. Offer to pay 1000 payable within 90 days.

 

No motion made by board.

 

 

Case: 1-13-10739

Owner: Keith and Lory Freiman

Address: 1135 NE 99 St.

 

Mr. Freiman mentioned he filed permit paperwork with building department and was granted a previous extension by the code office but because of personal reasons and the birth of his daughter he misread enforcement letter with new deadline. Offer to pay $200 within 7 days.

 

Move to accept offer of $200 payable within 7 days to release the lien of $1000.

Moved by Rod Buenconsejo, Seconded by Manny Quirgoa.

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

Yes: John Patnik, Manny Quiroga, Rod Buenconsejo, Acting Chairman Barry Asmus.

 

 

Case: 10-12-10543

Owner: Providence Investment Group 2 LLC

Address: 55 NW 92 St.

 

Danilo Arrellano and AJ Garcia were present on behalf of Providence Investment Group 2 LLC and stated that there office moved location in November of 2011 and the address in public record was the old address, therefore they never received violation notices. Providence Investment Group bought property with violation which was a concrete slab in rear but survey indicated that slab was part of home and when they came to village to pull building permits for other renovations no one mentioned that the slab was done without permits. Once they were aware of the violation they pulled a separate permit in order to cure violation. Chairman asked questions regarding permit. Offer to pay 800 payable within 7 days.

 

Move to accept offer of $800 payable within 7 days.

Moved by Manny Quiroga, Seconded by John Patnik

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

Yes: John Patnik, Manny Quiroga,

No: Rod Buenconsejo, Acting Chairman Barry Asmus

 

 

 

 

 

 

 

 

 

 

 

Case: 4-07-1897; 9-06-1151; 12-07-3273; 12-07-3271; 9-06-1152; 4-07-1898; 4-09-5649

Owner: Dale and Lisa Sims

Address: 152 NW 100 St.

 

Mr. and Mrs. Sims were present and stated they became aware of the violations after visiting property since they do not reside at the property and found a Notice of violation paper that was all broken up. They proceeded to come to the village and only after speaking to staff did they know about all the liens on the property. In 2006 they came to the village for and gave Aventura forwarding address to the Finance department and when they never received any mail for violations they did not think anything was wrong. Pictures of 7 violations were given to board as evidence. Board makes note that two certified return receipt letters that were signed. Mr. Sims mentioned he has had family members reside at home but was not aware of the person who signed for mail. Code officer Anthony Flores testified to communicating violations with Mr. Sims. Board reviews pictures and looks at all violations. Offer to pay $1500 payable within 30 days.

 

No motion made by board.

 

 

Case: 8-10-7613

Owner: Claudio Cedrez and Elienay Martinez

Address: 162 NW 106 St.

 

Mr. Claudio Cedrez and wife Elienay Martinez are the new owners of property and mentioned violation was incurred by previous owner. They bought property in foreclosure and home was occupied by squatters. As soon as they received possession of the home they began to pull permits and fix fascia and soffit boards that were deteriorated. Violation was corrected within a week. They are not currently living in home because of improvements that need to be made but do plan to reside in home once it becomes livable. Code Officer Anthony Flores testified that as soon as new owner bought home they began to take care of yard and maintain home. Board asked questions. Offer to pay $1000.00 within 7 days.

 

 

 

Move to approve offer of $1000 payable within 10 days.

Moved by Manny Quiroga, Seconded by John Patnik.

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

Yes: John Patnik, Manny Quiroga, Rod Buenconsejo, Acting Chairman Barry Asmus.

 

 

Case: 1-08-3413

Owner: Sean Saladino

Address: 490 NE 101 ST.

 

Mr. Saladino was present and stated when he received the notices he really didn’t understand the seriousness of violations because he was trying to open a new business on 2nd Avenue and was working very long hours. He was inundated with work and took 2 years to establish business. Board members asked questions regarding property and Mr. Saladino mentioned property is currently going through a shortsale. Offer to pay $2200 payable within 7 days.

 

Move to accept offer of $2200 payable within 7 days.

Moved by Rod Buenconsejo, Seconded by John Patnik

 

Board discussion regarding amount.

 

Motion amended to $2,240.00 payable within 7 days.

Moved by Rod Buenconsejo, Seconded by John Patnik

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

Yes: John Patnik, Manny Quiroga, Rod Buenconsejo, Acting Chairman Barry Asmus.

 

Case: 4-08-4067

Owner: Joseph Charles Billi     

Address: 273 NE 92 St.

 

Charlie Kluck was present on behalf of Mr. Billi. Property is in foreclosure and Georgee and Company and Keller Williams has listing. As soon as Mr. Kluck received listing he fixed violations. Property has been vacant for a couple of years and owner is not in the state but was aware of the violations and was very uncooperative with staff. Offer to pay $8,695 payable within 180 days.

 

Move upon receipt of $12,000 payable within 180 days the lien be removed.

 

Moved by Rod Buenconsejo, Seconded by Barry Asmus.

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

Yes: John Patnik, Manny Quiroga, Rod Buenconsejo, Acting Chairman Barry Asmus.

 

 

Case: 6-11-8654; 6-11-8655

Owner: Ruben Matz

Address: 157 NE 97 St.

 

Mr. Matz was present and gave background and history of 2nd Avenue business. Because of the septic issues on 2nd Avenue and not being able to rent space to many businesses, he rushed and rented space to tenant that ended up not paying rent and causing violations. Board asked Mr. Matz why it took so long to appear before board to mitigate fines and Mr. Matz mentioned his full concentration was working on saving building and he still has not filled all of the rentable spaces. Offer to pay $3000 payable within 60 days.

 

Move to accept offer.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo

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

Yes: John Patnik, Manny Quiroga, Rod Buenconsejo, Acting Chairman Barry Asmus.

 

 

Case: 1-07-1473; 5-09-5728; 5-07-5729; 5-09-5727

Owner: Vank Properties LLC

Address: 11028 NW 2nd Avenue

 

 

Joacim Masvidal and Lazaro Piniero were present on behalf of Vank Properties LLC. Chairman gives summary of case since previous owner was present in front of board last month. Paperwork from settlement statement that was given in application for request for relief was reviewed with owners because it showed full amount of lien was in escrow. Owners mentioned that document was unsigned and could show proof of final document that did not have that information on it.

 

Motion to table to September 5th meeting

Moved by Manny Quiroga, Seconded by Rod Buenconsejo

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

Yes: John Patnik, Manny Quiroga, Rod Buenconsejo, Acting Chairman Barry Asmus.

 

 

 

 

Case: 9-12-10327; 1-12-9471; 1-12-9468; 1-12-9470

Owner: US Bank National

Address: 60 NE 104 St.

 

Mr. Joseph Ryan was present on behalf of bank because property was foreclosed. Board asked when bank took possession of property and Mr. Ryan stated it was in May of 2012. Offer to pay $5,000 payable within 60 days.

 

Move to accept offer of $5000 payable within 60 days.

Moved by Rod Buenconsejo, Seconded by Manny Quiroga.

Vote: Motion passed (Summary: Yes = 3, No = 1, Abstain = 0).

Yes: John Patnik, Manny Quiroga, Rod Buenconsejo,

No: Acting Chairman Barry Asmus.

 

 

 

Case: 12-11-9430; 12-11-9431

Owner: Yves Fortune

Address: 830 NE 91 Terrace

 

Mr. Yves Fortune was present again before the board and apologized for not really explaining at the last meeting his personal situation and for taking seven years to cure violations. Mr. Fortune is trying to buy another home and would like the board to accept his offer in order to move past this situation. Mr. Fortune has recently invested a lot of money in his property and paid the village for outstanding amounts due for sanitation. Offer to pay $2000 payable within $30 days.

 

No Motion made by board.

 

Case: 9-11-9012

Owner:Yves Fortune   

Address: 810 NE 91 Terrace

 

Mr. Fortune mentioned that this house was a rental property. Mr. Fortune is looking to clear name and mentioned he just spend about $2500 to paint roof and house. Offer to pay $1000 payable within 15 days.

 

 

Accept offer of $1000 payable within 15 days.

Moved by Manny Quiroga, No Second.

 

Motion died for lack of second.

 

Case: 10-06-1247

Owner: Gato Tuerto LLC.

Address: 74 NE 97 St.

 

Giselle Reyes Herrera was present as property manager for Gato Tuerto LLC. Photos were presented to show what property looks like today. Property was bought at auction for $425,000 and is currently listed at $600.00. Board reiterates the motion that board made and accepted last month. Investor would like to offer $7500 payable within 7 days. Board discusses property.

 

No motion made by board.

 

 

 

 

Case: 9-07-2588

Owner: Federal National Mortgage Association

Address: 9400 NW 2nd Avenue

 

Katherine Seealy was present on behalf of bank and mentioned bank is offering $4900 to settle lien. Property was foreclosed by bank and violations were caused by previous owner. Previous owner appeared before the board and amount approved was $5000 but owner never paid amount. Offer of $5000 payable within 30 days.

 

Move to accept offer of $5000 payable within 30 days.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

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

Yes: John Patnik, Manny Quiroga, Rod Buenconsejo, Acting Chairman Barry Asmus.

 

 

Case: 10-12-10492

Owner: Julio and Doris Palma

Address: 1220 NE 96 St.

 

Doris Palma was present and stated that violation were pavers that were installed without a permit. Initially because of lack of funds and her daughter’s wedding coming up, they decided to have the reception at the home and installed the pavers temporarily but left them on because the property looked more maintained. Unfortunately because of financial distress they were forced to move out of the country and when certified mail was sent regarding the violation they had just moved to Dominican Republic. On a trip back to the states to look over property they became aware of the violation and tried to legalize pavers with permits but ended up removing them and placing sod. Property is in now in short sale. Code Officer Mike Orta testified that property was always maintained. Offer to pay $500 payable within 7 days.

 

Move to accept offer.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

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

Yes: John Patnik, Manny Quiroga, Rod Buenconsejo, Acting Chairman Barry Asmus.

 

Motion to approve minutes.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

 

 

NEXT MEETING

The next meeting will be on August 01, 2013

 

ADJOURNMENT

June 11, 2013 Code Board meeting was adjourned at 9:25 p.m.

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Barry Asmus , Acting Chairman