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Code Enforcement Board Minutes - August 4, 2016

CODE ENFORCEMENT BOARD MEETINGMINUTES

  Thursday, August 4, 2016

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 4, 2016, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Barry K. Asmus.

 

Roll Call.

Present: Patrick Huber, Vice Chair Barry K. Asmus, Rod Buenconsejo, Barry Perl, Manny Quiroga

Absent: Chairman Robert Vickers, 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

Anthony Flores, Code Enforcement Supervisor

Mike Orta, Officer, Code Enforcement

Richard Sarafan, Village Attorney

Mariana Gracia, Clerk

 

FIRST HEARING

No one present for this hearing.

 

Summary Adjudication for 1stHearings:  Case(s): 2-16-14969; 3-16-15070; 4-16-15217; 5-16-15233; 5-16-15234; 5-16-15360; 6-16-15374; 6-16-15446; 7-16-15539.

 

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 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 Manny Quiroga, seconded by Patrick Huber

Motion: Passed Unanimously

 

 

PENALTY HEARING

 

Case(s): 10-15-14722

Owner: Dennis Kane

Address: 73 NW 98 Street

 

Mr. Dennis Kane was present to testify. He agrees that there is a violation. Mr. Kane insisted that the case is in compliance. The sidewalk has been replaced. Officer Orta testified that in order for the case to come into compliance Mr. Kane needs to acquire a permit. Mr. Kane insisted that he did not need to take out a permit. Officer Flores testified that Mr. Kane has spoken to the Building Official and he still has not obtained a permit. Mr. Kane reiterates that he did not need to pull a permit. The Board made comments and asked questions. 

 

Motion:  With respect to case 10-15-14722 the respected violation be ordered to pay a daily fine previously adjudicated and authorized to be imposed against him 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

Vote: Passed Unanimously

 

Summary Adjudication for Penalty Hearings:Case #’s: 2-16-14973; 3-16-15006; 3-16-15024; 3-16-15111; 4-16-15148; 4-16-15230; 5-16-15264.

 

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, which excludes case 10-15-14722 already adjudicated 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 Patrick Huber

Vote: Passed Unanimously

 

REQUEST FOR RELIEF

 

 Case(s): 3-14-12443; 3-14-12444; 3-14-12447; 3-14-12448; 3-14-12445; 3-14-12442; 3-14-12446.

Owner: Elite Home Partners, LLC

Address: 272 NW 111 Terrace

 

Mr. Nestor Marin representing Elite Home Partners, LLC was present and wished to testify. Mr. Marin testified that the violations were there before they bought the property. This was a bank owned property. He testified that he had met with Officer Flores and he was told what he needed to do to correct the violations and the fines were stopped as of that day. Mr. Marin testified that $10,000.00 is what Elite felt was their best offer. The Board asked questions.  Mr. Marin testified that the majority of the lien amount was due to the grass violation. He said that they had obtained permits for all of the repairs. The Board asked questions. Officer Flores testified that they did not do the landscaping until they had finished renovating the house. 

 

Motion: That upon receipt of $10,000.00 payable within 30 days that the lien be released.

Moved by Barry Perl, seconded by Patrick Huber

Vote: Passed (Yes=3, No=2, Abstain=0)

Yes: Manny Quiroga, Patrick Huber, Barry Perl

No:  Rod Buenconsejo; Barry Asmus

 

Case(s): 1-13-10832; 4-13-11165

 Owner: Mathew and Amanda Green

Address: 930 NE 95 Street

Mr. Mathew Green of 930 NE 95 Street was present to testify. Mr. Green testified that they went in and furbished the house. According to Mr. Green the trees were removed before they moved in. The Board asked questions. Mr. Green testified that the trees were just delivered and installed by the village. He testified that he had received the mail late. Mr. Green said that they came in and took care of the violation once they found out about it. The Board asked questions. Mr. Green testified that his mother was not forwarding the mail to them. He admits that he was informed that the lien was accruing daily. He made the decision to do it all at one shot. Officer Flores testified that he had spoken to Mr. Green and informed him that once he paid for the trees they would stop the fines on that case. Officer Orta testified that everything was accurate. The Board asked questions. 

 

Motion:  That upon receipt of $800.00 payable within 30 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Patrick Huber

Motion Failed (Yes=2, No=3, Abstain=0)

Yes: Patrick Huber, Rod Buenconsejo

No: Manny Quiroga, Barry Perl, Chairman Asmus

 

 

Case(s): 3-16-15065; 4-10-7025 

Owner:Gustavo Rodriguez

Address: 560 NW 113 Street

Mr. Gustavo Rodriguez was present to testify. Mr. Rodriguez testified that regarding the vehicle violation he had understood that he needed to correct the violation but not that he need to call the Inspector after doing so. He testified that sometime after Miami took over the unincorporated area where the house is at. He received a notice that there was an addition to the house. He found out about the lien when he came to the Village to find out about the vehicle. The Board asked questions. Mr. Sarafan read the permit and all the dates of the permit inspections. Mr. Rodriguez testified that he had spoken to Officer Flores about the roof. Officer Flores testified that he did not recall the details because it was some time ago. The Board asked questions. 

 

Motion: That upon receipt of $1,500.00 payable within 30 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Patrick Huber

Vote: Passed (Yes=4, No=1, Abstain=0)

Yes: Manny Quiroga, Patrick Huber, Barry Perl, Rod Buenconsejo

No: Barry Asmus

 

 

 Case(s): 6-13-11522; 6-13-11523; 6-13-11524; 6-13-11525; 6-13-11526

Owner: CAP Realty LC

Address: 2 NW 108 Street

Ms. Alicia Ortiz by Power of Attorney was present to testify on behalf of the owner Mr. Captiville. Ms. Ortiz said that they had conducted a lien search where they found out about the liens. They bought the property with the intention to correct the violations. Ms. Ortiz testified at length as to all the permits they had submitted and their process for the Planning and Zoning Board application. She testified that they ran into some issues with the Department of Health for the Septic Tank. They were able to complete most of the process in 2014. Mr. Captiville testified that they had put the house under CAP Realty LC. Ms. Ortiz testified that it was procedure and process that took time to comply. Mr. Captiville showed the permit for the addition to the Board. Mr. Sarafan clarifies what Mr. Captiville is trying to convey. Mr. Captiville continues to talk about the chain link and the septic system which took more than one year. He continues to talk about the septic system and why it took them months to get that done. The Board asked questions. Officer Flores testified that he had lost communication with the owner. If he would have known, all of these issues he would have assisted them. Officer Flores testified that the plans were for the screen enclosure, the garage enclosure was not done legally. The Board asked questions. 

 

Motion: That upon receipt of $5,000.00 payable within 180 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Patrick Huber

Motion Failed (Yes=2, No=3, Abstain=0)

Yes: Patrick Huber, Rod Buenconsejo

No: Manny Quiroga, Barry Perl, Chairman Asmus

 

 

Case(s): 11-13-12114; 11-13-12115

Owner: David Hogan c/o Lana M. Naghshirieh, Esq.

Address: 42 NW 110 Street

Attorney Lana M. Nagshirieh testified that Mr. Hogan is an Australian national and has hired a care taker to take care of the house while he is away. Attorney Naghirieh testified that the owner is planning on getting a home equity line to make the repairs and then either rent to Barry University students or sell the property. The Attorney testified that the liens are preventing him from doing so. He plans to renovate in the amount of $100,000.00. Notices were received by the caretaker and Mr. Hogan was not notified. The Board asked questions. Attorney Naghirieh testified that there was pressure cleaning on numerous times but Mr. Hogan was not aware that he needed to call Code Enforcement. The Board asked questions.

 

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

Moved by Rod Buenconsejo, Motion fails for lack of a second.

 

 Case(s): 8-15-14461

Owner: Kerline Saint-Sauveur

Address: 571 NW 113 Street

 

Mr. Saint-Sauveur testified that he had been away due to his father’s passing. He testified that he had trouble with the contractors he hired. Until he found one contractor with a license which was finally able to do the repairs. The Board asked questions. Officer Flores testified that Mr. Saint-Sauveur had bad tenants and they did not take care of the grass. Officer Flores testified that Mr. Saint-Sauveur had always been a gentleman. 

 

Motion: That upon receipt of $500.00 payable within 30 days that the lien be released.

Moved by Manny Quiroga, seconded by Patrick Huber

Motion Failed (Yes=2, No=3, Abstain=0)

Yes: Patrick Huber, Manny Quiroga

No: Barry Perl, Rod Buenconsejo, Chairman Asmus

 

 

Case(s): 10-06-1251

Owner: Thomas & Melissa Babil c/o Christopher C. Kelley, Esq.

Address: 1297 NE 103 Street

 

Attorney Kelley testified that Mr. Babil got the generator and installed it and did not know that he was in violation. Officer Flores testified that he had gone in and saw that the generator was no longer there. The generator was never turned on in 8 years according to Mr. Kelley’s testimony. The Board asked questions and made comments. Attorney Kelley testified that Mr. Babil found out about the violation when he came to pay the administrative fee and he was advised that there was a lien on the property. Officer Flores testified that Mr. Babil had invited him in the property to see that the generator had been removed. The Board asked questions. 

 

Motion: That upon receipt of $5,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed (Yes=4, No=1, Abstain=0)

Yes: Patrick Huber, Barry Perl, Rod Buenconsejo, Manny Quiroga

No: Barry Asmus

 

 

Case(s): 09-07-2651

Owner: Estate of Kelley Mitchell and Kirk Allen Wade

Address: 10320 NW 2 Avenue

 

Attorney Kelley testified that the violation occurred in 2007. Ms. Kelley Mitchel is now deceased. Mr. Kirk Allen Wade is trying to go on with life. The Board asked questions. The notices went to Ms. Kelley Mitchell and Gina. Mr. Sarafan notifies the Board that there is litigation going on right now. He advised the Board that if approved that Mr. Kelley come talk to the Village Attorney. So the offer is to be accepted contingent on Mr. Kelley getting together with Mr. Sarafan to talk over the litigation matter. 

 

Motion: That upon receipt of $2,000.00 payable within 30 days, contingent upon resolution of other potential legal matter that the lien be released.

Moved by Patrick Huber, seconded by Manny Quiroga

Motion Failed (Yes=2, No=3, Abstain=0)

Yes: Patrick Huber, Manny Quiroga

No: Rod Buenconsejo, Barry Perl, Chairman Asmus

 

 

Case(s): 9-09-6275; 2-16-1489; 6-09-5851; 2-15-13670

Owner: Sean Phillips

Address: 210 NW 105 Street

 

Mr. Sean Phillips would like to make a few things clear. According to Mr. Phillips regarding the Plumbing lien there was no work was ever done wrong. The plumbing and electrical work he testified that he was made aware that he needed a permit. There was a problem in getting the inspections done. Mr. Phillips went over the process of the interior work lien and the fact that there was no access to the house when the inspectors went over to inspect. The Board asked questions about the inspections. Mr. Phillips testified that he was not aware that he needed to call to get the final. Mr. Sarafan points out that what Mr. Phillips is arguing makes sense. The Board asked questions. Discussion took place about the permit and inspection process. Mr. Sarafan summarizes Mr. Phillips intentions. Mr. Phillips testified about the issue of the slab that was there when he bought the property. He testified that he was told by the old Director to cut it back and the issue was okay. The Board asked questions. Mr. Phillips gave a breakdown on how much he would pay per lien to amount to $5,500.00 within 60 days. 

 

Motion: That upon receipt of $5,500.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed (Yes=3, No=2, Abstain=0)

Yes: Patrick Huber, Barry Perl, Rod Buenconsejo

No: Barry Asmus, Manny Quiroga

 

 

Case(s): 10-14-13265

Owner: Juan H Perez & Michelle Chirichigno Saporiti

Address: 230 NE 104 Street

 

Mr. Perez testified that he had installed pavers in the back of the house because he could not grow grass there. He had delayed in getting the permit. He just found out about the lien and would like to resolve it. Mr. Perez testified that he had not received the certified mail or the regular mail regarding the lien. There was no intention not to comply with this issue. He found out about the lien when he went to refinance the house. Officer Flores testified that he had closed the case on the date that Mr. Perez had come in. 

 

Motion: That upon receipt of $500.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

MINUTES

Minutes for July 7, 2016

Motion to approve minutes with corrections, Motion made by Mr. Huber, seconded by Mr. Buenconsejo and the vote was unanimous in favor of the Motion.

 

Mr. Sarafan went over a few of the things that were asked by the Chair that he would not like to happen. Discussion took place about the Board telling Staff how to do their job.

 

NEXT MEETING

 

The next meeting will be on September 1, 2016

 

ADJOURNMENT

 

August 4, 2016 Code Board meeting was adjourned 

 

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor       Barry Asmus, Vice Chairman