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CODE ENFORCEMENT BOARD MEETING-NOV, 2013

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, November 07, 2013

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

Absent: Rod Buenconsejo, Manny Quiroga.

 

In Attendance

Jesus Suarez, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

 

FIRST HEARING

 

Case: 6-13-11566

Owner: William Pena Wells

Address: 29 NW 99 ST.

Violations: Code Sec. 12-82; Nondwelling Structures and Fences.

 

Chairman discusses with Board members if six cases pertaining to Mr. Wells will be heard individually or separately. Board members agree to address all cases separately.

Code Officer Mike Orta gave summary of case and established timeline of when Mr. Wells was addressed about deteriorated deck; wood fence and chain-link fence surrounding side/rear of property deteriorated. The remedy was to remove fences and deck mentioned or obtain permit to replace. Chairman asks Mr. Wells if he believes a violation exists and Ms. Lila Presner, attorney for Mr. Wells stated they did not agree with violation. Chain-link Fence was damaged but the rest was not deteriorated. Code officer reads timeline of when case began in July and violation has yet to remedy. Pictures were provided to board members of wood fence and chain-link fence and wooden deck.   Mr. Orta stated neighbors gave access to their property in order to take pictures of Mr. Wells home. After reviewing pictures Chairman Vickers asks Mr. Wells if he believes the property is in violation and Mr. Wells answers yes. Mr. Wells stated chain-link poles were still in place because he plans on fixing fence and only removed part that was deteriorated. Chairman asked Mr. Wells how much time he would need to cure violations. Board asked questions. Mr. Wells did not give a specific time frame but did ask for time because of all the existing violations on his property and working on remedying one will not allow him to fix other issues as well.

 

MOTION: With respect to case(s):6-13-11566 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-82 of the Miami Shores Village Code. “The offending party shall correct all such violations within 45 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 Bob Smith, Seconded by Barry Perl.

Motion passed unanimously. 

 

Case: 6-13-11567

Owner: William Pena Wells

Address: 29 NW 99 ST.

Violations: Code Sec. 12-108; Insect and Rodent Harborage

Violations: Code Sec. 10-5 (b); Noxious Odor.

 

Code Officer Mike Orta gave summary of case and established timeline of when Mr. Wells was addressed about Mosquito’s and Tadpoles Breeding in stagnant water in plastic containers on property. Foul odor emanating from property not permitted. Current pictures were presented to board of violations. Pictures were presented to Mr. Wells and Ms. Presner and they do not agree there is a violation. Board reviews pictures and view stagnant water in containers, which cause to harbor and bread insects. Mr. Wells states that plants are meant to be in water and not in dirt. Board member Bob Smith, advises Mr. Wells that if he had installed a proper water garden with irrigation system than plants that belong in water would be perfectly fine but the since plants are currently in buckets that allows for stagnant water and causes a nuisance on the property. Mr. Wells agrees and stated that he would be working on getting the correct filtration system in place but does believe he has remedied violation and if he is not in compliance, than requests an explanation on how to be in compliance. Board members ask questions about compliance and Code Officer Anthony Flores states that in order to be in compliance what is necessary is to maintain water plants in conditions where they do not create an atmosphere for frogs and insects to germinate and no smell. If remedy consists of daily maintenance or weekly maintenance than that’s what needs to take place.

 

MOTION: With respect to case(s):6-13-11567 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-108 and 10-5 (b) of the Miami Shores Village Code. “The offending party shall correct all such violations within 7 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.

 

Case: 6-13-11568

Owner: William Pena Wells

Address: 29 NW 99 ST.

Violations: Code Sec. 536 (a) / 537 (a)(1)(2)(3)

Code Officer Mike Orta gave summary of case and established timeline of when Mr. Wells was addressed about side and rear yards deteriorated – weeds and vines growing uncontrollably. Pictures of property were presented to board members. Chairman asked Ms. Presner if she had visited her client’s property and she stated she had been at property about one month ago. Mr. Wells disputes violation and requests that evidence is presented to show a before and after of the property. Code Officer presents pictures taken on November 7, 2013, day of Code Board meeting that show property is not in compliance and the violation exists. Ms. Presner disputes violation if growth comes onto Mr. Wells’s property from neighbor. Code officer states that any growth that extends onto Mr. Wells property is Mr. Wells’s responsibility to maintain. Code officer Anthony Flores reads code section 537 (a)(1)(2)(3) for clarification of what Mr. Wells property is in violation of.

 

MOTION: With respect to case(s):6-13-11568 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 536 (a) / 537 (a)(1)(2)(3) of the Miami Shores Village Code. “The offending party shall correct all such violations within 60 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.

 

Discussion by board about time frame given.

Motion amended to 60 days.

Moved by Bob Smith, seconded by Barry Asmus.

Motion passed unanimously.

 

Case: 6-13-11569

Owner: William Pena Wells

Address: 29 NW 99 ST.

Violations: Code Sec. 12-128; Weather/Water Tight Structures

Code Officer Mike Orta gave summary of case and established timeline of when Mr. Wells was addressed about exterior doors (2) deteriorated. Mr. Wells agrees that the two exterior doors have to be replaced and has already bought doors and is asking for 60 days to remedy violation.

 

With respect to case(s):6-13-11569 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-128 of the Miami Shores Village Code. “The offending party shall correct all such violations within 60 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.

 

Case: 6-13-11570

Owner: William Pena Wells

Address: 29 NW 99 ST.

Violations: Code Sec. 12-172; Connections to sewer lines.

 

Code Officer Mike Orta gave summary of case and established timeline of when Mr. Wells was addressed about discharging grey water out to rear yard – not permitted. Pictures are presented as evidence of violation. Grey water is discharging from washer connection that was previously outside of property. Ms. Presner states that the connection has been that way for many years ago and does not agree there is a violation. Code officer read from code section 12-172 that states “all plumbing fixtures installed within a structure shall be connected to sewer lines that discharge into a septic tank”.

 

With respect to case(s):6-13-11570 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-172 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 $75 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

 

Board discusses time frame with Ms. Presner about time frame because the remedy of this violation is a big expense and they do not know what exactly the correction will entail. Mr. Wells asked for 180 days or 6 months because of other violations and deadlines to be met. Code Officer Flores asked Mr. Wells since the violation began in June of 2013 if he acquired any quotes to what job would cost. Mr. Wells spoke to Mr. Lasseter’s assistant from Lasseter Plumbing to take a look at issue and he stated the job was beyond his scope of work and could not give him a quote on cost.

 

Motion amended to 90 days and fines to be assessed at $75 days

 

With respect to case(s):6-13-11570 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-172 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 $75 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 Bob Smith 

Vote: Motion passed. (Summary: Yes = 3, No = 2, Abstain = 0).

Yes: Bob Smith, Barry Perl, Chairman Robert Vickers.

No: Barry Asmus, John Patnik,

 

 

Case: 6-13-11580

Owner: William Pena Wells

Address: 29 NW 99 ST.

Violations: Code Sec. 501 (11); 10-1; Unauthorized Storage of Materials.

 

Code Officer Mike Orta gave summary of case and established timeline of when Mr. Wells was addressed about construction debris and materials – plastic containers – tires- broken pavers scattered throughout property – not permitted. Pictures are presented of as evidence of violations. Mr. Wells does not agree there is a violation and Ms. Presner stated he is moving things around inside and outside of his home. Mr. Asmus asked Mr. Wells is the purpose of the plastic bags scattered all over backyard. Ms. Presner stated he is trying to kill a root system and they are there remove any of the vegetation because if he is going to plant sod he needs to prepare area. Chairman asks Ms. Presner if she has seen the backyard and she said she only visited the front of the home and did not go to the backyard.

 

With respect to case(s):6-13-11580 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 501 (11); 10-1of the Miami Shores Village Code. “The offending party shall correct all such violations within 60 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 Bob Smith; Seconded by Barry Asmus.

Motion passed unanimously.

 

Case: 6-13-11611

Owner: Gisela Hernandez

Address: 215 Grand Concourse

Violations: Code Sec. 20-31; Failure to maintain sidewalk.

 

Code Officer Mike Orta gave summary of case and Ms. Hernandez requested time because she is in the process of selling home. After discussing options with board, Ms. Hernandez stated she would remedy violation prior to selling home. 

 

With respect to case(s):6-13-11611 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 20-31of the Miami Shores Village Code. “The offending party shall correct all such violations within 45 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 Bob smith, Seconded by Barry Perl. 

Discussion by board about time frame. 

Motion amended to 28 days. 

Moved by Bob smith, Seconded by John Patnik.

Motion approved unanimously. 

 

Summary Adjudication for 1st Hearings:

Case#’s: 10-13-11948; 10-13-11949; 10-13-11950; 10-13-11951; 10-13-11952; 5-13-11348;7-13-11664;8-13-11685; 8-13-11696; 8-13-11709;8-13-11712; 8-13-11725; 8-13-11726; 8-13-11727; 8-13-11745; 8-13-11753; 9-13-11811; 913-11820; 9-13-11837.

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 Barry Perl, Seconded by Bob Smith.

Motion approved unanimously.

 

 

PENALTY HEARINGS

 

Case: 6-13-11504

Owner: Cochran Miami Shores LLC

Address: 9705 NE 2nd Avenue

Violations: Code Sec.: 504 (f) (1); Unlawful Signs On commercial buildings.

Violations: Code Sec.: 6-4(a); Unauthorized Construction/Expired Permit(s).

Mr. Shelby Smith was present on behalf of Cochran Miami Shores LLC and is property manager of site on 2nd Avenue. Code Officer Anthony Flores gave summary of case and stated tenant received approval from Planning and Zoning department for signage but did not obtain a permit for display and exceeded what was allowed. Mr. Smith stated he had been in communication with tenant and requested that they obtain a permit for what was already approved but tenant wanted to go back to Planning and Zoning to get approval of what was already placed and then obtain a permit. Mr. Smith is requesting document from city stating what needs to corrected and he will forward to tenant. If tenant does not comply than Cochran Miami Shores LLC will file a suit against tenant.

Motion: Move to continue case till next code meeting.

Discussion by board.

Moved by Barry Perl, seconded by Barry Asmus.

Motion approved unanimously.

 

Case: 3-13-11012

Owner: Everett and Joan Severy

Address: 9860 NE 5 Avenue Road

Violations: 5-21; Pet Limitation & Control

Mr. Severy and Sister Joan Severy were present. Code Officer Anthony Flores stated after going by property his observation is that the cats are still on property. Mr. Flores counted a total of 9 cats, 7 adults and two kittens. There may be more on property but at time of inspection those were the only visible cats. Mr. O’Donnell neighbor to the Severy’s was present in support of the Severy’s and wanted the board to know the efforts and progress of Mr. Severy. They have turned away cats that normally they would have accepted because people know they have received them in the past. Six kittens and at least two adult cats have been removed and one was spade. More would have been removed but Mr. Everett has been bed ridden with the flu and he has been the person spear heading project of removing cats to in order to come into compliance. As next door neighbor Mr. O’Donnell is requesting another compliance date to allow them to show more improvement. Mr. Severy stated since the first notice was issued they have been working on removing cats. They currently have 11 adults and 5 kittens. Board reviews timeline of case established in March via courtesy notice and were granted many continuances since that time. Board asks code officer if he has seen an increase in cats. Code Officer Anthony Flores states he has not seen an increase in cats but has not noticed a dramatic difference.

Move to continue case for another 60 days.

Discussion by board about motion.

Moved by Barry Perl, Seconded by Bob Smith.

 

Vote: Motion passed. (Summary: Yes = 3, No = 2, Abstain = 0).

Yes: Bob Smith, Barry Perl, Chairman Robert Vickers.

No: Barry Asmus, John Patnik,

 

 

Summary Adjudication for Penalty Hearings:

Case #’s: 2-13-10884; 3-13-11060; 6-13-11544; 7-13-11605; 7-13-11665.

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 Barry Perl.

Motion passed unanimously.

 

REQUEST FOR RELIEF

 

Case(s): 8-10-7542; 12-07-3295; 8-10-7541

Owner: Liliana Burgos Leret

Address: 52 NW 99 St.

 

Mr. and Mrs. Leret were present and stated they bought home with violations in place. The property had several issues to be fixed and they worked diligently with the building department to close permits. Board members asked questions. Offer to pay $3000 within 30 days.

 

Upon payment of $3000 payable within 30 days the liens on this property be released.

Moved by Bob Smith, seconded by John Patnik.

 

Vote: Motion passed. (Summary: Yes = 4, No = 1, Abstain = 0).

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

No: Barry Asmus. 

 

Case: 12-10-8001

Owner: Leocava LLC

Address: 9534 NE 2 Avenue

 

Todd Leoni owner of commercial property was present and stated he did not have any knowledge of Tenants renovation. After communicating with tenant he was advised that tenant was pulling permits for work performed but that was not truthful. Tenant later closed business and gave keys back to Mr. Leoni and never fixed violations. Mr. Leoni worked diligently with Building department and closed permits. Board asked questions regarding many extensions given by Code Officer and timeline on closing permits. Offer to pay $2000 payable within 30 days.

 

Upon receipt of $5000 payable within 30 days move that liens be released.

Moved by Barry Asmus, seconded by Barry Perl.

 

Vote: Motion passed. (Summary: Yes = 4, No = 1, Abstain = 0).

Yes: Barry Asmus. John Patnik, Bob Smith, Barry Perl.

No: Chairman Robert Vickers.

 

Case: 12-10-8024

Owner: Mainul Chowdhury

Address: 87 NW 100 S.

 

Mr. Chowdhury was present and stated property had violation prior to his ownership. When he was in the final stage of the closing, he was informed by Title Company of lien on property. Board members asked about compliance deadline being that violation was corrected prior to ownership. Mr. Chowdhury stated Bank did cure violation prior to closing. Offer to pay $1000 within 30 days.

 

Upon receipt of $2,500 payable within 60 days the lien on this property be released.

Moved by Barry Asmus, seconded by Barry Perl.

Vote: Motion passed. (Summary: Yes = 4, No = 1, Abstain = 0).

Yes: Barry Asmus. John Patnik, Bob Smith, Barry Perl.

No: Chairman Robert Vickers.

 

Case: 1-10-7900; 1-13-10770

Owner: Bertha Laurore

Address: 11120 NW 6th Avenue

 

Mark Charles and Mrs. Laurore were present and stated the violation was for a deteriorated fence in which they did have a permit for but did not know they had to call for a final inspection to close permit. Board members asked questions. Offer to pay $150 payable within 30 days.

 

Upon receipt of $400 payable within 90 days the liens on this property be released.

Moved by Barry Asmus, seconded by Barry Perl.

 

Vote: Motion passed. (Summary: Yes = 4, No = 1, Abstain = 0).

Yes: Barry Asmus. John Patnik, Bob Smith, Barry Perl.

No: Chairman Robert Vickers. 

 

Case: 10-09-6429

Owner: Richard and Theresa Caccamise

Address: 1490 NE 101 St.

 

Mrs. Caccamise was present and stated home was purchased in a short sale and lien was supposed to be taken care of prior to closing. Two weeks prior to closing it was brought to their attention that lien was not resolved and because the bank was not giving an extension they had to purchase home with lien. The lien was placed for work performed without permits. A permit to demolish the structure was obtained and final. Offer to pay $5000 within 30 days.

 

 

Upon receipt of $5000 payable within 30 days the lien on this property be released.

Moved by Barry Perl, seconded by Bob Smith.

 

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

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

 

Case: 4-13-11201

Owner: Susan McDowell

Address: 38 NW 105th St.

 

Ms. McDowell was present and stated she has a small business that she has been struggling to keep a float and did not have time to cure violations within the time specified. Board asked questions. Offer to pay $500 within 90 days. 

 

Upon receipt of $500 by December 30th, 2013 that the lien on this property be released.

Moved by Barry Perl, seconded by Bob Smith.

 

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

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

 

Motion: Approve October meeting minutes.

Moved by Barry Asmus, seconded by Barry Perl.

Board requests monthly report for liens negotiated by staff.

Board and staff discuss board member absences.     

 

NEXT MEETING

The next meeting will be on December 05, 2013

Motion to adjourn meeting.

Motion passed unanimously.

 

ADJOURNMENT

November 07, 2013 Code Board meeting was adjourned at 9:30 p.m.

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                               Robert Vickers, Chairman