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CODE ENFORCEMENT BOARD MEETING-SEPT, 2013

CODE ENFORCEMENT BOARD MEETING MINUTES

 

   Thursday, September 05, 2013

 

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 05, 2013, at the Miami Shores Village Hall. The meeting was called to order at

6:05 p.m. by Chairman, Robert Vickers

 

Roll Call.

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

 

Absent: Barry Perl.

 

In Attendance

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

Clerk swears in witnesses.

 

FIRST HEARING

Chairman acknowledges that no one is present First Hearing.

 

Summary Adjudication for 1st Hearings:

Case#’s: 12-12-10671; 2-12-9658; 2-13-10884; 3-13-11012; 3-13-1115; 3-13-11116; 3-13-11117; 3-13-11118; 3-13-11119; 5-13-11339; 5-13-11340; 5-13-11436; 5-13-11437; 6-13-11481; 6-13-11488; 6-13-11527; 6-13-11534; 6-13-11536; 6-13-11537; 6-13-11539; 6-13-11540; 6-13-11553; 6-13-11560; 7-13-11586; 7-13-11625; 8-12-10310; 8-13-11678; 8-13-11686

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 Barry Asmus

Motion passed unanimously.

 

 

PENALTY HEARINGS

 

Chairman acknowledges that no one is present for Penalty Hearing.

 

Summary Adjudication for Penalty Hearings:

Case #’s: 11-12-10590; 1-13-10761; 2-13-10940; 3-13-11091; 3-13-11092; 3-13-11093; 4-13-1154; 4-13-11167; 4-13-11168; 4-13-11169; 4-13-11186; 5-13-11321; 6-13-11499; 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 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 Barry Asmus.

Motion passed unanimously.

 

 

REQUEST FOR RELIEF

 

Case(s): 5-11-8541; 5-11-8539; 5-11-8538; 3-09-5486

Owner: Hildegarde Reimers

Address: 38 NW 109 St.

 

Mr. Point Du Jour was present on behalf of owner that lives in New York. Mr. Du Jour mentioned owner had someone managing property that was not being honest with owner and not informing them of problems. Certified mail was received and signed for by James Reimers and board members verified that certified mail was signed for. Property is under a short sale and amount approved by bank is $90,000. An investment property is the potential buyer. Offer to pay $18, 805. Payable within 30 days.

 

Motion: Moved to accept the offer of $18,805.00 to remove the violation payable within 60 days.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

 

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

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

 

 

Case(s): 9-12-10381; 2-09-5361

Owner: Federal National Mortgage Association

Address: 9509 N Miami Avenue

 

Jose Fente was present on behalf of Tropical Realty which is the listing Agent for Fannie Mae. Violations were caused by previous owner and Fannie Mae remedied violations after taking possession in December of 2012. Mr. Fente mentioned property is not listed yet. Board members asked questions regarding possession and fixing violations because cases were closed in June and August of 2013. Board calculates that under the ownership of the bank fines accrue to $21,000. Mr. Fente mentions that he does not have power to amend offer. Bank offers to pay $4,417.50 payable within 60 days.

 

 

Motion: Move to accept the offer payable within 60 days.

Moved by Manny Quiroga, Seconded by Robert Vickers

 

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

No: Barry Asmus. John Patnik, Rod Buenconsejo.

Yes: Bob Smith, Manny Quiroga, Chairman Robert Vickers.

 

Case(s): 4-13-11149; 4-13-11146

Owner: Joseph and Marie Louisias

Address: 801 NE 96 St.

 

Mr. Ralph Ventura was present as attorney on behalf of owners. Owners are elderly and did not really understand the severity of the violations and were sorry that violations occurred. Offer to pay $500 payable within 30 days.

 

Motion: Move to accept offer.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

 

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

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

 

Case: 9-12-10410

Owner: Michael Vandetty

Address: 9021 NE 4th Avenue Road.

 

Mr. Michael Vandetty was present and mentioned he had to take property back from previous owner after lending a mortgage that defaulted payment. There is now a deed in lieu of foreclosure. Property was rented but no occupational license was obtained. Board discusses case with owner and validity of lien. Offer to pay $975 payable within 30 days.

 

Motion: Move to accept offer.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

 

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

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

 

Case: 9-09-6179

Owner: Miami Property Solutions       

Address: 1026 NE 91 Terrace

 

Eddie Miller was present as owner of Miami Property Solutions and stated violation for a roof repair without a permit was from previous owner. Previous owner removed a section of the roof and once the property was bought by Miami Property Solutions they pulled a permit within 3 weeks to replace entire roof. Pictures were presented by Mr. Miller of before and after. Offer to pay $6540 payable within 90 days.

 

Motion: Move to accept offer.

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

 

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

No: Barry Asmus. John Patnik,

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

 

 

Case: 10-12-10513

Owner: Dr. Maria Diaz; 6th Avenue Medical Center

Address: 9425 NE 6 Avenue.

 

Dr. Maria Diaz was present and mentioned she was going through some hardship with her now deceased father and left her assistant in charge in handling issues with repair of an exterior door. Assistant hired a contractor to replace door only to later find out that the contractor did not have a license. Dr. Diaz went ahead and hired a second contractor that failed to complete job and then needed to hire a third contractor that finally completed work with a permit. Offer to pay $400 payable within 30 days.

 

Motion: Move that upon receipt of $655 payable within 30 days that the lien be released.

 

Moved by Barry Asmus, Seconded by Rod Buenconsejo.

 

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

No: Barry Asmus. John Patnik, Bob Smith, Manny Quiroga, Rod Buenconsejo.

Yes: Chairman Robert Vickers.

 

 

Case: 8-12-10246

Owner: Candita Rodriguez

Address: 49 NE 110 St.

 

Ms. Rodriguez is the new owner for the property and she cured violations. Full amount owed is in escrow but previous owner asked Ms. Rodriguez if she could mitigate the fine in order for him to receive some money back from sale. Board asked questions regarding exact amount in escrow. Offer to pay $4000 payable within 30 days. 

No motion.

 

Board discusses request for relief applicants that did not show.

 

Motion: With regard to case with address 275 NE 105 Street and violation is $7,250.00 and proposed amount is $400. Move to Deny.

 

With regards to 11028 NW 2nd Avenue with total fine of $39,500.00 amount proposed $1000.00, move to Deny.

 

Moved by Manny Quiroga, Seconded by Rod Buenconsejo.

Motion passed unanimously  

 

Motion to approve minutes.

 

Moved by Barry Asmus, Seconded by Manny Quiroga

Motion approved unanimously.

 

 

NEXT MEETING

The next meeting will be on October 03, 2013

Motion to adjourn meeting.

Moved by Robert Vickers, seconded by Manny Quiroga.

Motion passed unanimously.

 

ADJOURNMENT

September 05, 2013 Code Board meeting was adjourned at 7:40

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                               Robert Vickers, Chairman