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Code Enforcement Board - Minutes February 1, 2018

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

  Thursday, February 1, 2018

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 1, 2018, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Vice Chairman, Rod Buenconsejo.

 

Roll Call.

 

Present: Mr. Robert Vickers, Mr. Patrick Huber, Mr. Ronnie Gillen, Ms. Kimberly Bruce, Ms. Gladys Coia, Chairman Robert Smith.

Absent: Mr. Rod Buenconsejo.

In the absence of the Village Attorney, Chairman Robert Smith read the Attorney’s script and swore in all the witnesses.

 

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 Compliance Manager

Mike Orta, Code Compliance Officer

Mariana Gracia, Clerk

 

FIRST HEARING

Case # 11-17-17156

9400 NE 2nd Avenue

 

There was no one present for this case

 

The Board asked questions and discussed the case at length. Staff testified about the measures taken on their behalf to assist with compliance and answered questions that the Board asked. Staff gave a recommendation regarding how to proceed with the case.

 

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 which will be immediately 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 of tomorrow, 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 amount of $250.00 per day. With respect to this case subject to this Motion in the amount specified by Staff’s recommendation for tonight’s hearing for $250.00, retroactive to the original compliance deadline which will constitute a lien in the property of the violator. Further, with respect to this 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 violation”

 

Motion by Mr. Patrick Huber

Seconded by Mr. Robert Vickers

The Motion passed 6-0

 

Summary Adjudication for 1stHearings:Case(s): 10-17-17014; 10-17-17037; 10-17-17038; 11-17-17122; 11-17-17151; 11-17-17152; 1-18-17227; 7-17-16684; 7-17-16714.

 

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 Mr. Patrick Huber, seconded by Mr. Robert Vickers

Vote: Motion passed 6-0

 

The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

PENALTY HEARING

 

Summary Adjudication for Penalty Hearings:Case #’s: 10-17-16954.

 

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 Mr. Patrick Huber, seconded by Ms. Gladys Coia

Vote: Motion carries 6-0

 

REQUEST FOR RELIEF

 

Case(s): 12-11-9279

Owner: William G. Hodges

Address: 1100 NE 108 Street

 

Mr. Hodges was present testify. He addressed the Board and presented his case regarding expired permits. He would like to move on with the closing which is already scheduled. Staff could not comment due to the case being created by Anthony Flores. The Board asked questions.  Mr. Hodges alleges he did not know that there was a lien. Staff informs the Board of the process that was followed to notify the owner. No further discussion.

 

Motion: That upon receipt of $7,500.00 payable within 60 days that the lien be released.

Moved by Mr. Ronnie Guillen, seconded by Mr. Patrick Huber

Vote: Motion carries 6-0

Yes: Robert Vickers, Patrick Huber, Ronnie Guillen, Gladys Coia, Kimberly Bruce, Chairman Robert Smith.

 

Case(s): 1-12-9484

Owner: Abeer Jadallah

Address: 365 NE 93rdStreet

 

Ms. Jadallah was present and spoke to the Board about the violation due to parking on the grass. This was an ongoing thing. Chairman Smith had a recommendation for grass that will grow in shaded areas. The Board asked questions. Staff concurs with her testimony. Ms. Jadallah made her final offer.

 

Motion: That upon receipt of $150.00 payable within 30 days that the lien be released.

Moved by Mr. Patrick Huber, seconded by Mr. Ronnie Guillen

Vote: Motion Passed 6-0

Yes: Mr. Robert Vickers, Mr. Patrick Huber, Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Chairman Robert Smith.

 

 Case(s): 7-08-4492; 7-08-4493; 2-10-6757; 9-12-10422

Owner: Katherine Castellon

Address: 456 NE 102 Street

 

Ms. Castellon was present and spoke to the Board about the violation and her financial state. This financial state led her to not take care of the violation in time. She testified that she lives in Miami Shores and is not planning on moving. She just wants to resolve the lien. The Board asked questions. She spoke about the reason why she is offering less than the last time she was before the Board. The Board asked questions. Staff spoke about a payment plan not being in place at this time.Ms. Castellon requested to speak to her mother who was in the audience to consult about the amount she should offer. She made her final offer. The Board asked to see the file. Ms. Castellon spoke at length about the violations. The Board asked questions. Mr. Vickers encouraged the Board members to look at the pictures in the file for the deteriorated swale.

 

Motion: That upon receipt of $2,000.00 payable within 30 days that the lien be released.

Moved by Mr. Patrick Huber, seconded by Mr. Ronnie Guillen

Vote: Motion Passed 4-2

Yes: Mr. Ronnie Guillen, Ms. Gladys Coia, Ms. Kimberly Bruce, Chairman Robert Smith.

No: Mr. Robert Vickers, Mr. Patrick Huber.

 

MINUTES

Minutes for December 7, 2017

Motion to approve December 7, 2017 minutes, by Mr. Patrick Huber, seconded by Mr. Robert Vickers and the Motion passed 6-0.

 

NEXT MEETING

The next meeting will be on March 1, 2018

 

ADJOURNMENT

February 1, 2018 Code Board meeting was adjourned

 

________________________________                         _____________________________

Lazaro Remond, Code Enforcement Manager              Robert Smith, Chairman