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CODE ENFORCEMENT BOARD MEETING MINUTES MAY 02, 2013

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, May 02, 2013

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday May 02, 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, Manny Quiroga, Rod Buenconsejo.

 

Absent: Robert Vickers (Chairman)

 

Richard Sarafan, Village Attorney (ABSENT)

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

                                   

All witnesses were sworn in by the Clerk.

“Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth.”

 

 

FIRST HEARING

Case: 3-13-11089

Owner: Walter & Rosemarie Bordeaux

Address: 76 NE 102 St.

Violations: 539 / 540

Code Officer Anthony Flores gave background to violation, conducting a business in an accessory structure with employees is prohibited. Complaint stemmed from neighbor that testified there was a lot of activity coming from the property, such as dropping off and picking up materials/envelopes and testified Betty Lasch is a realtor and operating out of the garage. Staff gathered information from SunBiz.org that shows Ms. Lasch’s realty office located at 76 NE 102 St. Broker’s license was also registered at home address.

Richard Gomez was present as Mr. & Mrs. Bordeaux’s attorney and asked staff if he conducted any type of investigation that would show proof that a business was being run out of the home.

Code officer Flores mentioned previous to this matter, there were other issues on property and 2nd Code Officer Mike Orta scheduled a visit with Mr. Bordeaux to look at the inside of garage and there did not seem to be anything indicating a business being run out of garage but the complaints kept coming in and after gathering some information it led staff to believe that there indeed was a business at property. Automobile tags were run on 2 cars on the property and addresses were different than the property address of 76 NE 102 Street.

Mr. Gomez presented mail as proof that Betty Lasch does live at 76 NE 102 St.

Board members ask questions.

Testimony from Neighbor: Dennis Leyva resides at 69 NE 102 St. and his home faces directly across from 76 NE 102 St. Mr. Leyva presented a log of when both Ms. Lasch and her friend/employee arrive in the morning and leave in the evening. Mr. Leyva mentioned there has been a lot of traffic for a while.

Testimony from Rosemarie Bordeaux home owner of 76 NE 102 St. Mrs. Bordeazux mentioned Ms. Lasch is her mother and lives at home. She does spend some time at her boyfriend’s home but moved in a couple of years ago.

Testimony from Neighbor: Clarke Reynolds resides at 69 NE 102 St. Mr. Reynolds has a flexible work schedule and has noticed the constant traffic at neighbors home and after a period of time he noticed that there were two constant individuals at the property. They noticed that two people were always in the garage and from a previous house hunt they realized that the neighbor was a real estate agent and it was Ms. Betty Lasch.

Code Officer Flores read code section 539/540.

Testimony from Andres Paredes, resides at 60 ne 102 St. mentioned that he provided staff with Ms. Lasch’s last two years of transactions and does not know if there is a business being conducted out of home but Ms. Lasch sales are currently active.

Board members discuss.

Motion: Burden of proof has not been met for business being run out of garage/employee. Move for case to be dismissed.

Moved by Barry Asmus, seconded by Joh Patnik.

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

Yes: Barry Asmus, John Patnik, William Robert Smith,

No: Manny Quiroga, Rod Buenconsejo, Vice Chairman Barry Perl.

Discussion by board.

Motion: With respect to case(s) 3-13-11089: I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 539/540 of the Miami Shores Village Code.”The offending party shall correct all such violations within 90 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 $50.00, 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 Vice Chair Barry Perl, Seconded by Manny Quiroga.

Board discussion. Receipt is presented as evidence that Ms. Lasch has rented a virtual office.

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

Yes: William Robert Smith, Manny Quiroga, Rod Buenconsejo, Vice Chairman Barry Perl.

No: Barry Asmus, John Patnik.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Summary Adjudication for 1st Hearings:

 

Case#’s: 1-13-10736; 1-13-10739; 1-13-10765; 1-13-10768; 1-13-10072; 1-13-10773; 2-13-10862; 2-13-10866; 2-13-10881; 2-13-10894; 2-13-10923; 2-13-10959; 2-13-10960; 3-13-10974; 3-13-11010; 3-13-11107; 7-12-10156

 

 

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 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.”

Moved by Barry Asmus, Seconded by Bob Smith.

Motion passed unanimously.

 

 

PENALTY HEARINGS

 

Vice Chairman acknowledges that no one is present for penalty hearing.

 

 

Summary Adjudication for Penalty Hearings:

 

Case #’s: 11-12-10628; 1-13-10690; 1-13-10691; 1-13-10751; 1-13-10775; 1-13-10807; 1-13-10821; 1-13-10826; 1-13-10844-12-12-10663; 2-13-10865; 2-13-10872; 2-13-10873; 2-13-10876; 2-13-10910; 2-13-10918; 2-13-10943; 3-13-11103; 3-13-11104; 3-13-11105; 7-12-10186; 7-12-10189.

 

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 Barry Asmus, Seconded by Rod Buenconsejo.

Motion passed unanimously.

 

 

 

 

 

 

 

REQUEST FOR RELIEF

 

Case: 10-07-2898; 12-11-9402

Owner: B&L Realty Holdings, LLC     

Address: 395 NE 97 St.

 

 

Managing member Mr. Bromleyy was present and stated they bought property with liens and they were not the violators. Before they bought the property they re-sodded the swale and when they became the owners they began to fix and clean the roof. They are also renovating property with intent to sale. Offer to pay $5000 within 10 days.

 

 

Motion: Upon receipt of $10,000 payable within 14 days the liens on this property and this property only be released.

Moved by Barry Asmus seconded by John Patnik.

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

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

No: William Robert Smith.

 

 

Case: 12-11-9407; 12-11-9408; 12-11-9409; 12-11-9410; 3770; 9418

Owner: Philip Katzman           

Address: 260 NW 112 Terrace

 

Mr. Philip Katzman and realtor Judy Paladino were present and stated house is up for sale and under between amount owed and what will house will probably sell for there will not be much if any of a monetary gain for Mr. Katzman. Board members asked questions. Offer to pay $100 payable within 10 days.

 

 

Motion: Upon payment of $7,500 payable within 180 days the liens on this property be released.

Moved by Bob Smith, seconded by Rod Buenconsejo.

 

Board discussion.

 

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

Yes:, John Patnik, William Robert Smith, Manny Quiroga, Rod Buenconsejo, Vice Chairman Barry Perl.

No: Barry Asmus

 

 

Case: 4-09-5633

Owner: Donato Masucci

Address: 1256 NE 92 St.

 

Mr. Masucci was present for a second time; board members recalled case and did not have any questions. Offer to pay $1500 within 90 days.

 

Motion: Move to accept offer of $1500 payable within 90 days and remove the lien.

Moved by Rod Buenconsejo, seconded by Manny Quiroga.

 

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

Yes: John Patnik, William Robert Smith, Manny Quiroga, Rod Buenconsejo, Vice Chairman Barry Perl.

No: Barry Asmus

 

 

Motion to approve April minutes.

Moved by Barry Asmus seconded by Manny Quiroga.

Motion passed unanimously.

 

 

 

 

 

 

 

NEXT MEETING

The next meeting will be on June 06, 2013

 

 

ADJOURNMENT

May 02, 2013 Code Board meeting was adjourned.

 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Barry Perl, Vice Chairman