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CODE ENFORCEMENT BOARD MEETING MINUTES AUGUST 01, 2013

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, August 1, 2013

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 1, 2013, at the Miami Shores Village Hall. The meeting was called to order at 6:03 p.m. by Chairman, Robert Vickers.

 

 

Roll Call.

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

 

 

 

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

 

 

Motion to defer hearing case 3-13-11004 to the end of the meeting.

 

Moved by Barry Asmus, Manny Quiroga.

Motion passed unanimously

 

 

FIRST HEARING

Case: 5-13-11330

Owner: Laurence and Hermine Carroll

Address: 53 NE 106 St.

Violations: 537(I); Public works permission required.

 

Mr. and Mrs. Carroll were present and stated they did not agree there was a violation because they spoke to Mr. Scott Davis, Public Works director and he looked at what was planted in the swale and did not have a problem and there isn’t a procedure in place to obtain consent for planting in swale. Code officer Anthony Flores stated a procedure is being established but the procedure has not been finalized. Attorney Richard Sarafan asked staff if the violation was that Public works permission was required and they did not have a procedure in place would there be a reason to move forward with charge. Staff agreed there was no reason to move forward and therefore withdraws charge.

 

Case: 5-13-11331

Owner: Laurence and Hermine Carroll

Address: 53 NE 106 St.

Violations: 536(e ); Vegetable garden.

 

 

Code officer Anthony Flores stated planting a vegetable garden in the front yard is prohibited under code 536( e). Mrs. Carroll stated she does not agree there is a violation because the term vegetable is not clarified in the code and the legal definition of the word vegetable is any plant matter. Chairman asked Mrs. Caroll if she had vegetables being grown in her front yard. Mrs. Carroll stated she did have vegetables. Chairman asked if she was cultivating the vegetables that have been planted and if she was taking care of them by pulling the weeds and making sure they grow so they are edible. Mrs. Carroll stated she cares for all her plants in the same way. Chairman states that code does not allow vegetables in the front yard and asks how much time it will take to remedy violation. Mrs. Caroll stated she did not know how to remedy violation because of the different definitions on what a vegetable is. Attorney Richard Sarafan stated this board does not write the code and the process of defining what’s in the code is not within the scope of their responsibility. The code enforcement board is charged with deciding if what is on the property is a vegetable or not and board has enough evidence to decided. The issue of what is and is not a vegetable isn’t relevant anymore, and understands that after the violation is cured Mr. and Mrs. Carroll would like to know what can and cannot be planted in the front yard and at the time they can talk to code officer. With regards to the swale they will have to eventually talk to Scott Davis because the swale is our property. The only issue today is whether what exists is in compliance with the code. Pictures were presented to show proof of vegetable garden.

 

 

MOTION: With respect to case(s): 5-13-11331 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 536(e) of the Miami Shores Village Code. “The offending party shall correct all such violations within 30 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 $ 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 Barry Perl, Seconded by Barry Asmus

Motion passed unanimously.

 

Summary Adjudication for 1st Hearings:

Case#’s:11-12-10590;1-13-10761;2-13-10940;3-13-11034;3-13-11091;3-13-11092;3-11093;4-13-11167;4-13-11168;4-13-11169;4-13-11186;6-13-11503;6-13-11504;6-13-11579.

 

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 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 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 Quiroga, Seconded by Rod Buenconsejo

Motion passed unanimously.

 

PENALTY HEARINGS

 

Chairman acknowledges that no one is present for penalty hearing.

 

Summary Adjudication for Penalty Hearings:

 

Case #’s: 1-13-10770;1-13-10785;1-13-10818;1-13-10819;2-13-10864;2-13-10925;3-13-11081;4-13-11144;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;4-13-11255;4-13-11256;4-13-11281;5-13-11332;5-13-11337;5-13-11376;6-13-11455;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.

 

 

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: 4-07-1897; 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 110 St.

 

Attorney Jeff Allen and Mr. and Mrs. Sims were present. Chairman gives summary of all 7 cases. Mr. Allen presented board members and attorney with notebook binder containing documents as evidence in case. Mr. Allen reviewed 8 tabs of documents with board members. Attorney Richard Sarafan asks questions regarding occupants that resided at property and property tax records presented. Chairman Vickers addresses evidence presented. Board members asked questions regarding look of property and read from transcript that attorney Jeff Allen presented.Chairman went through each case and asked owner to state when he thought property was in compliance and also asked for receipts as proof that some violations were corrected.  Offer to pay $700 payable within 30 days.

 

No motion made by board.

 

 

Case(s): 7-12-10155;

Owner: HSL Property Holdings IV LLC

Address: 571 NW 113 St.

 

Mr. Nathan Lewinger was present as representative for HSL Property Holdings IV LLC and mentioned property was bought in May under a foreclosure for $90,000 but did not have possession for a couple of months. They have put about $60,000 into property to fix all violations. Property is for sale at $200,000. Offer to pay $15,000 within 30 days.

 

Upon receipt of $15,000 payable within 30 days the lien on this property be released.

Moved by Barry Perl, Seconded by John Patnik

 

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

Yes: John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo, Chairman Robert Vickers.

No: Barry Asmus.

 

Case: 4-12-9799

Owner: Pablo Nuta

Address: 9418 N. Miami Avenue

 

Mr. Pablo Nuta and Mrs. Schram were present and stated a lien was placed on their property for an expired permit but even after speaking to the building department they were never notified that there was a lien on the property. Mr. Nuta showed proof that a permit was issued in his name yet notices were mailed under previous owners name and were returned to sender by post office as undeliverable. An error occurred when updating computer system and Code Enforcement was never notified that new owners bought property. Board members asked questions. Offer to pay $500 payable within 30 days.

 

Upon receipt of $500 payable within 30 days the lien on this property be released.

Moved by Barry Perl, Seconded by Bob Smith.

 

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

Yes: Barry Asmus. John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo.

No: Chairman Robert Vickers.

 

 

 

Case: 11-09-6519

Owner: Cesar Basurto and Laura De Pasquale

Address: 146 NE 98 St.

 

Richard Golden council to Mr. Basurto and Mr. Basurto were present and stated homeowner’s cleaned roof when they received violation but forgot to notify code officer. There were some city trees that were staining walls and roof and did remedy violation. Mr. Basurto and his wife always continued to work on property and maintain. Code officer Mike Orta testified that he passed by home almost on a daily basis and the roof was not cleaned when the owner testified. Pictures were presented that show roof dirty in January of 2010 after owners claimed they cleaned. Code Supervisor Anthony Flores also concurred with Mr. Orta’s testimony. Offer to pay $5000 payable within 30 days.

 

Upon payment of $6000 payable within 60 days the lien of $59,700.00 be released.

Moved by Rod Buenconsejo, Seconded by Barry Asmus.

 

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

Yes: Barry Asmus. Bob Smith, , Rod Buenconsejo. Chairman Robert Vickers.

No: John Patnik, Barry Perl, Manny Quiroga

 

 

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

Owner: Yves Fortune

Address: 810 NE 91 Terrace

 

Mr. Ives Fortune was present and stated he painted home but was under financial distress and could not comply earlier. He had a special assessment lien and had to pay a large sum in order to settle that lien. Offer to pay $2500 payable within 90 days.

 

Move to accept over of $2500 payable within 90 days.

Moved by Rod Buenconsejo, Seconded by Barry Asmus.

 

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

Yes: Barry Asmus. John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo.

No: Chairman Robert Vickers.

 

 

Case: 9-11-9012

Owner:Yves Fortune   

Address: 830 NE 91 Terrace

 

Mr. Fortune had financial hardship and is now able to maintain property. Board asked Mr. Fortune why it took so long to remedy violations and Mr. Fortune stated he did not focus on how much money it was accumulating. Board members asked questions. Offer to pay $10,000 payable within 90 days.

 

Upon receipt of $10,000 payable within 90 days the lien on this property be released.

Moved by Barry Perl, Seconded by Rod Buenconsejo.

 

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

Yes: John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo. Chairman Robert Vickers.

No: 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 Invest Group 2 LLC and stated when they bought property the slab in violation was already existing. They pulled permits to make renovations and when they went to record the notice of commencement they were informed of the lien on the property. There office moved location in November of 2011 and the address in public record was the old address, therefore they never received violation notices. They met with Code Office Mike Orta at the property and immediately began to hire an architect to draw plans and submit to building department. An approved permit was not ready right away because Mr. Bruhn, building official was on vacation and therefore there was a small delay. Mr. Asmus gave summary of what was also discussed at the last code board meeting. Offer to pay $2500 payable within 30 days.

 

Accept offer of $2500 payable within 30 days.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

 

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

Yes: Barry Asmus. John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo. Chairman Robert Vickers.

 

 

Case: 10-06-1247

Owner: Gato Tuerto LLC.

Address: 74 NE 97 St.

 

Ms. Herrera was present as property manager for Gato Tuerto LLC. And stated property was bought in foreclosure and pictures were presented of the before and after. Substantial improvements have been made to the property. Offer to pay $11,676 payable within 30 days.

 

Move to accept offer of $11,676 payable within 30 days.

Moved by Rod Buenconsejo, Seconded by Barry Asmus.

 

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

Yes: Barry Asmus. John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo. Chairman Robert Vickers.

 

 

Case: 11-07-3058; 4-08-4146; 5-10-7190; 11-10-7975

Owner: Chia Ching Liao

Address: 180 NW 111 St.

 

Mr. Chia Ching Liao was present and stated he bought property on a short sale and as soon as he became the owner he began to cure violations. There was a lot of construction done without permit and they hired a contractor and began work as soon as possible. Mr. Liao had budget one amount but had to spend much more to fix home. Mr. Liao plans to reside in this home with his family for a long time. Offer to pay $2000 payable within 120 days.

 

Move to accept offer of $2000 payable within 120 days.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

 

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

Yes: Barry Asmus. John Patnik, Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo. Chairman Robert Vickers.

 

 

 

Board members hear case 3-13-11004.

Case: 3-13-11004

Owner: John Patnik

Address: 190 NW 99 St.

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

 

Attorney Richard Sarafan advises John Patnik to contact Village Clerk in the morning to fill out a form on why he is conflicted on this matter.

 

Code officer Anthony Flores stated violation consisted of dirty roof, awnings, exterior walls and the remedy was to clean roof and obtain a permit to paint exterior walls, and trim. After several extensions the homeowner did obtain a permit but the violation has not been cured. Mr. Patnik stated he pulled the permit about 30 days ago. Staff mentioned the remedy was to obtain a permit for paint and paint home by code officer’s deadline. Board members ask when courtesy notice was issued and staff stated it was issued March 04, 2013. Mr. Patnik mentioned he already pressure cleaned roof and pressure washed the exterior of the home. Board asked Mr. Patnik how much time he would need to remedy violation and Mr. Patnik stated 15 days would be sufficient.

 

 

With respect to case(s): 3-13-1004 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-133 (a) of the Miami Shores Village Code. “The offending party shall correct all such violations within 30 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 $ 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 Quiroga, Barry Asmus

 

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

Yes: Barry Asmus. Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo. Chairman Robert Vickers.

 

 

Motion to approve minutes.

 

Moved by Barry Asmus, Seconded by Barry Perl

Motion approved unanimously.

 

 

NEXT MEETING

The next meeting will be on September 05, 2013

Motion to adjourn meeting.

Moved by Barry Asmus, seconded by Manny Quiroga.

Motion passed unanimously.

 

ADJOURNMENT

August 1, 2013 Code Board meeting was adjourned at 9:20 p.m.

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman