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Code Enforcement Board Minutes - April 6, 2017

CODE ENFORCEMENT BOARD MEETING  MINUTES

 

 

  Thursday, April 6, 2017

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 6, 2017, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Smith.

 

 

Roll Call.

 

 

Present: Robert Vickers, Patrick Huber, John Berryman, Rod Buenconsejo, Gladys Coia, Kimberly Bruce, Chairman Robert Smith.

 

 

Will everyone that is going to testify tonight please raise your right hand and swear to tell the truth, the whole truth and nothing but the truth.

 

 

In Attendance

 

 

Lazaro Remond, Code Enforcement Supervisor

Mike Orta, Officer, Code Enforcement

Benjamin Bean, Village Attorney

Mariana Gracia, Clerk

 

 

 

FIRST HEARING

 

 

No one present for this hearing

 

 

Summary Adjudication for 1stHearingsCase(s): 11-16-16094; 1-17-16161; 1-17-16167; 1-17-16184; 2-16-16098; 12-16-16100; 2-17-16224; 2-17-16225; 2-17-16226; 2-17-16236; 3-17-16265; 6-16-15441; 9-16-15825.

 

 

The officer, Lazaro Remond, 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 time period specified 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. 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 Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

 

 

PENALTY HEARING

 

 

No one present for this hearing

 

 

Summary Adjudication for Penalty Hearings:Case #’s: 10-16-15961; 11-16-16026; 11-16-16027; 11-16-16081; 1-17-16162; 3-16-15099; 3-16-15102; 3-16-15103; 3-16-15104; 3-16-15105; 3-16-15108; 3-16-15110; 6-16-15459; 6-16-15460; 6-16-15461; 6-16-15462; 9-16-15791.

 

 

The officer, Lazaro Remond, 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 John Berryman, seconded by Patrick Huber

Vote: Passed Unanimously

 

 

REQUEST FOR RELIEF 

 

 

Case(s): 12-11-9389; 12-11-9388; 12-11-9390; 6-12-10090; 6-12-10091

Owner: Wells Fargo Bank, N.A.

Address: 10555 NE 2 Avenue

 

 

Jonathan Jacobson, Esquire, Attorney for Well Fargo Bank, N.A gave a brief presentation as to the liens the Bank is asking relief on. He said that the property is in compliance and that they are now asking the Board for relief.   The Board asked questions. Attorney Jacobson said that the foreclosure process took six years due to the fact that there was a bankruptcy filed and the plaintiff took a lot of time. He informed the Board that his law firm handles foreclosures.  The total amount foreclosed on was $449,000.00 the final judgement was $703,000.00. Wells Fargo Bank was the successful bidder at foreclosure.  They are trying to get a new buyer in this property. The Board asked questions. He apologized for not having all the answers to the Board’s questions. Attorney Jacobson said that the house was owned by a Trust which was closed in 2005. The final offer is $10,000.00.                                                                                                    

 

 

Failed for lack of Motion

 

 

 

Case(s): 3-10-6861; 3-07-1743; 2-13-10853; 2-13-10854; 2-13-10855

Owner: Ray Carabotta/Alnic Capitol, LLC

Address: 428 NE 91 Street

 

 

Mr. Ray Carabotta handed out some paperwork and pictures to support his case. The Board took a few minutes to look at them. Mr. Carabotta mentioned that he has lived in Miami Shores since 1997. He bought the property with the violations because this was a danger to his family and a sore eye to the community. The previous owner had a lot of dangerous snakes. Mr. Carabotta had the opportunity to speak to the realtor which led to buying the house. He pointed out to the Board that the house was in terrible conditions. He fixed the house up utilizing his savings. He went over the violations that were liens. He said he is hoping that his offer is not offensive. He is asking the Board for their help. Mr. Carabotta says that this is not what he does for a living. Chairman Smith disclosed that he frequently passed by this house and he has watched this process throughout the years. Chairman Smith complimented Mr. Carabotta on a great job. The Board asked questions. Mr. Carabotta testified that it has been about five months since he purchased the house. The purchase price was $385,000.00 and he has invested about $200,000.00 renovating the house. He said that the selling price is somewhere around $700,000.00. The Board commented on the property’s bad state before Mr. Carabotta bought it. Officer Orta testified that one of the snakes from this property ended up at someone else’s property. The final offer is $20,000.00. 

 

 

Motion: That upon receipt of $20,000.00 payable within 90 days that the lien be released.

Moved by Patrick Huber, seconded by Robert Vickers

Vote: Unanimous in favor of the Motion

Yes: Robert Vickers, Patrick Huber, John Berryman, Rod Buenconsejo, Gladys Coia, Kimberly Bruce, Chairman Robert Smith

 

 

Case(s): 12-11-9320 

Owner:Cheryl Sutton

Address: 290 NE 101 Street

 

Ms. Cheryl Sutton and her husband approached the podium. Attorney Benjamin Bean notified the Board that these persons have not been sworn in yet. He proceeds to swear them in. Mr. Sutton said that they have lived in Miami Shores since 1989. He testified that he saw a planter in the neighborhood and proceeded to construct one on the swale in front of his house. Once he was told that this was not permitted, he took it down. He took responsibility for the violation. He mentioned past employees of Miami Shores in his testimony. Mr. Sutton did not know that he was supposed to let the Code Enforcement Department know that he had taken the planter out. He claims he did not have proper notice of this violation. Mr. Sutton said that there was a fence built were the post were. The Board asked questions. Ms. Sutton testified that the house was listed for sale at $400,000.00. The final offer is $4,400.00.

 

 

Motion: Motion that upon receipt of $4,400.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Unanimous in favor of the Motion

Yes: Robert Vickers, Patrick Huber, John Berryman, Rod Buenconsejo, Gladys Coia, Kimberly Bruce, Chairman Robert Smith

 

 

MINUTES

Minutes for March 2, 2017

 

Motion to approve minutes with one correction, Motion made by Patrick Huber, seconded by John Berryman and the vote was unanimous in favor of the Motion.

 

DISCUSSION: Mr. Huber asked for an update on the 9999 NE 2 Avenue building. Officer Orta testified that there was another violation for the septic tank in the parking lot. Officer Remond informed the Board of his meeting with Mr. Julio Martinez, Manager of 9999 NE 2 Avenue. Officer Remond gave the details of his conversations with the Manager of the building. The Board had a discussion at this time. Officer Remond said that there has been communication with the Manager about the parking lot. 

 

Mr. Vickers shared with the Board something that happened last week while he was working from home. He said that he heard a loud scream and he ran out to go to what he thought was a lady being murdered. While he was running towards the neighbor’s house he was thinking he is going to have to fight someone. He described that he saw a very upset lady in front of her house.  When he got there he saw the woman’s dog laying on the floor. He described the state of fright this woman was in. Then, Mr. Vickers continued by saying that his neighbor, Ms. Coia came rushing and proceeded to resuscitate the dog by applying mouth to mouth resuscitation method. Mr. Vickers said that this is something he would not have done. As a result of the resuscitation method, Ms. Coia brought the dog back to life. The Board members applauded and commended Ms. Coia’s actions. All the Board members thanked Ms. Coia for her heroic act of kindness.

 

NEXT MEETING

 

The next meeting will be on May 4, 2017

 

ADJOURNMENT

 

April 6, 2017 Code Board meeting was adjourned 

________________________________                      _____________________________

Lazaro Remond, Code Enforcement Supervisor          Robert Smith, Chairman