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Code Enforcement Board Minutes - February 4, 2016

CODE ENFORCEMENT BOARD MEETING MINUTES

Thursday, February 4, 2016

 

 

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

 

Roll Call.

Present: Manny Quiroga, Patrick Huber, Robert Smith, Rod Buenconsejo, Barry Perl, Barry K. Asmus, Chairman Robert Vickers.

 

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 - Left at 7:30PM

Clay Roberts, Attorney

 

FIRST HEARING

 

Case: 10-15-14600

Name: Citi Mortgage

Property: 338 NW 111 Terr

Timothy Scolero representing City Mortgage was present to testify. Officer Flores proceeded to present this case and give the board details of the violations. Mr. Scolero testified that they just got the Power of Attorney and had submitted it to get the permit. He requested 30 to 60 days to get the violation corrected.  Board discussion took place.

 

 With respect to case #10-15-14600 I move for finding of fact in conclusion of law that there exist a violation of section 12-128 of the Miami Shores Village Code the defending party shall correct the violation by March 3, 2016 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, in such an event a fine is hereby authorized to be automatically assessed against the violator in the amount of $50.00 a day which will constitute a lien on the property of the violator a cost in the amount of $30.00 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

Motion by Manny Quiroga

Seconded by Rod Buenconsejo

The vote was unanimous in favor of the Motion.


 

Summary Adjudication for 1stHearings: Case(s): 10-15-14551; 10-15-14618; 10-15-14657; 10-15-14705; 10-15-14707; 10-15-14717; 10-15-14719; 11-15-14739; 11-15-14747; 11-15-14757; 12-15-14767; 2-15-13623; 3-15-13789; 5-15-14066.

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 Rod Buenconsejo

Motion: Passed Unanimously

 

PENALTY HEARING 

Note: No one present for Penalty Hearing

Summary Adjudication for Penalty Hearings:Case #’s:10-15-14573; 10-15-14693; 10-15-14694; 10-15-14695; 8-15-14420; 8-15-14436; 8-15-14451; 8-15-14452; 8-15-14458.

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 Perl, seconded by Bob Smith

Vote: Passed Unanimously

 

REQUEST FOR RELIEF

 

Case(s): 7457; 7459; 9-06-1205

Owner: Alix J. Louis

Address: 161 NW 108 Street

 

Mr. Alix J. Louis of 840 Azalea Place, Weston, FL 33327. Mr. Louis said he was not at fault therefore he did not owe anything. The Board asked questions. Mr. Sarafan asked questions as to the document showing that the address was updated at the Post Office. Mr. Sarafan said that the property was posted. The Board asked questions. Mr. Louis said he had noticed the condition of the driveway back in 2006. Officer Flores testified that Mr. Louis had knowledge of the condition of the driveway. Officer Flores testified that Mr. Louis and he had spoken about the need to obtain a permit to repair or replace the driveway. Officer Flores testified that Mr. Louis did not obtain the permit. Mr. Sarafan asked Officer Flores if he is suggesting that Mr. Louis knew about the driveway back in 2006. Officer Flores answers absolutely. Mr. Louis disagreed with Officer’s testimony. The Board asked questions.


Failed for lack of Motion

 


Case(s): 4-15-14006; 4-15-14007 

Owner: JJ Global Investments LLC

Address: 1273 NE 92ndStreet

 

Rita Gonzalez, Tenant and Julian Gonzalez Owner were present to testify. Ms. Gonzalez testified that she never received any information about the cases. When she found out she came to the city to take care of the violation. She testified that is was not her intention to be outside the rules of the city. The Board asked to see the return receipts. Mr. Sarafan asked what the address to JJ Global Investments LLC was. Ms. Gonzalez testified that is not in Miami Shores. The Board asked questions. Mr. Sarafan made clear that under the new statutes the Village is not required to have a return receipt. That a print out that indicates that it was delivered is sufficient. The Board made comments regarding where the notices were sent. The Board asked questions. The correct address for JJ Global Investments LLC is 2250 NE 123rdStreet. The Board asked questions to Officer Orta. Mr. Sarafan clarified that there was a recorded document before it was supposed to be recorded. Therefore we had to do a release and then record it again when it was adjudicated. The Board asked questions and made comments. 


Failed for lack of Motion

 

Case(s): 3-13-11103; 3-13-11104; 3-13-11105

Owner: Diogenes D’Alacio

Address: 10816 NW 2 Avenue


Mr. D’Alacio testified that he had purchased the house in December, 2013 and he spoke to Officer Flores who guided him as to what he needed to do to correct the violations. It took a few months for the permit to be approved. Mr. D’Alacio testified that in March when the Architect came in to speak to the Building Official. There were problems because the Building Official would not accept it. Mr. D’Alacio explains that he had problems with the Architect. Mr. D’Alacio gave more details regarding the permitting process. He said that he hired a contractor who said he would finish in one month. When he came back he found his house totally demolished. Mr. D’Alacio had to call the police and file a complaint. The contractor disappeared with the money after destroying the house. He testified that he had to come up with a lot of money to fix the house. Mr. D’Alacio explained why he offered $1,000.00. He said he is trying to refinance the house now. He went over the agencies he is talking to about the bad contractor and how to get them to pay for what they have done. The Board asked questions. Mr. Sarafan made some clarifications. Officer Flores testified that he concurs with Mr. D’Alacio’s testimony and the house looks great. Discussion between Mr. D’Alacio and the Board took place. The Board asked questions.  

 

Motion: Than upon receipt of $3,000.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Bob Smith

Vote: Denied (Yes=3, No=4, Abstain=0)

Yes: Patrick Huber, Bob Smith, Chairman Vickers

No: Manny Quiroga, Barry Asmus, Barry Perl, Rod Buenconsejo


In lieu of the new evidence of the emergency closing happening on the 17ththis month The Board voted to re-hear this. Motion for re-hearing by Barry Perl, seconded by Patrick Huber and the vote was unanimous in favor of the Motion.            

 

Motion: That upon receipt of the amended offer of $4,000.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Bob Smith

Vote: Passed (Yes=6, No=1, Abstain=0)

Yes: Manny Quiroga, Patrick Huber, Bob Smith, Barry Perl, Rod Buenconsejo, Chairman Vickers

No: Barry Asmus

 

 

Case(s): 3-09-5494; 12-11-9332; 12-11-9333; 8-14-12994; 8-14-12995 

Owner:Juan Mansur/Eva Gonzalez

Address: 10520 NE 6 Avenue

 

Carlos Lopez by Power of Attorney was representing Ms. Eva Gonzalez. Mr. Lopez testified that their intention is to improve the house. The Board asked questions. Mr. Lopez testified that Mr. Juan Mansur’s intent is to move back into the house. The Board asked questions. Mr. Lopez answers that since the owners had moved to Mexico they were not aware, since then he had advised them and they are accepting responsibility. Mr. Lopez testified that they became aware of the liens after they conducted a lien search. The Board asked questions. 

 

The Offer is $6,000.00 payable within 60 days

Failed for lack of Motion

 


Case(s): 7-14-12937

Owner: Efren Cenoz

Address: 51 NW 110 Street


Mr. Efren Cenoz was present to testify.  Mr. Cenoz testified that he had bought the property in 2011 because he really liked the community. He bought the property in a short sale. Mr. Cenoz testified that he had made some remodeling to make it his place. Now four years later he has not been able to move into the house. Too many things have happened that have prevented him from moving in. This is the first time he has done this; he does not think he will ever remodel another house. Mr. Cenoz testified that he understands that it’s not going to be exactly how he wants it. He accepts he made a mistake in trusting the contractors. Mr. Cenoz testified that he had come in and spoke to Mr. Naranjo who advised him of the expired permits. He testified that the master permit was reinstated in June 9th,2014. Mr. Cenoz testified that he found out that there was a lien for expired permits. He brought the permits into compliance in a timely manner. The Board asked questions. Officer Flores testified that the house looks great and he concurs with Mr. Cenoz. Mr. Sarafan asked questions. The Board asked questions. Mr. Sarafan clarified the reason for the permits requirement to be closed in a timely manner. Officer Flores Inspection was not done in 6 months and that is why the permits expired. The Board made comments and asked questions. Officer Flores responds that the reason why the fine was $100.00 a day is because there were a lot of permits. 

 

Motion: Than upon receipt of $2,500.00 payable within 90 days that the lien be released.

Moved by Rod Buenconsejo, seconded by Bob Smith

Motion Passed Unanimously

 

Case(s): 10-14-13417; 14-14-13419

Owner: MDHI Three, LLC

Address: 10125 Biscayne Blvd.

 

Claudio Benedetti, Manager for MDHI Three, LLC was present to testify. Mr. Benedetti testified that they bought the house in foreclosure. They were able to enter the house the first month of 2015 and they became aware of the violations in April, 2015. He testified that they came in front of the Planning and Zoning Board and were approved for renovations to the house. Mr. Benedetti said that they were late and he apologized, that is not the way they normally precede in doing this. The Board asked questions. Mr. Benedetti testified that they bought the house in foreclosure for $365,000.00.  He said that the occupants of the house did not leave until March of 2015. The Board asked questions. Mr. Benedetti testified that they felt it would be faster to renovate the house. The Board made comments about the violations. 

 

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

Moved by Barry Perl, seconded by Manny Quiroga

Motion Passed Unanimously



Case(s): 5-15-14045

Owner: Ronald E. Frazier

Address: 900 NE 97thStreet

 

Ronald Frazier was present to testify. Mr. Frazier claims economic hardship is the reason for his offer of $500.00. Secondly, there were not three Chickee Huts there were two. He testified that he had consulted with an Engineer to try and keep the timber and use it as a pergola. In order to comply with the city he would have to bring the height down and it became a financial nightmare. Each time he spoke to the Building Official. He said he was surprised at the amount of the fines. Mr. Frazier testified he is retired and on a fixed income and cannot pay this amount. Officer Orta testified that when he visited the site there were three Chickee Huts and that Mr. Frazier had complied. The Board asked questions.

 

Motion: Than upon receipt of $1,000.00 payable within 90 days that the lien be released.

Moved by Barry Perl, seconded by Rod Buenconsejo

Motion Passed Unanimously

 

Case(s): 12-11-9361; 12-11-9362; 12-11-9363; 12-11-9364;3-15-13822

Owner: James Black & Timothy Marsh

Address: 897 NE 91stTerrace

 

Mr. James Black was present to testify. He testified that all of these violations were there prior to purchasing the property. They bought the property in a foreclosure auction. The property was vacant somewhere between 8 to 10 years according to the neighbors, and it was very unsightly during that time. He testified they had brought the house into compliance within 4 months. There is only one lien that actually relates to us, Mr. Black says. This particular violation was not brought into compliance because it had to do with deteriorated grass and they were concentrating in fixing up the house. The Board asked questions. They purchase the house in 2014. Officer Flores testified that they had to issue new violations. There was discussion between Mr. Black and Officer Flores. The Board asked questions. Mr. Black testified that he cannot say that they were fully aware of the liens. The Board made comments and made questions. Mr. Black testified that they bought the house for just under $400,000.00. 

 

Motion: That upon receipt of the amended offer of $8,500.00 payable within 90 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed (Yes=4, No=3, Abstain=0)

Yes: Patrick Huber, Bob Smith, Rod Buenconsejo, Chairman Vickers

No:Manny Quiroga,Barry Asmus,Barry Perl

 

 

Case(s): 8-11-8923; 3-08-3768

Owner: Citi Mortgage, Inc.

Address: 135 NE 98thStreet

 

Attorney Anthony Loney was present representing Citi Mortgage, Inc.  Attorney Loney proceeded to testify that this was a foreclosure property and that his Client was not aware of any liens. Have there been a notice his Client would have tried to correct it. Unfortunately, the foreclosure took longer than it should have. He testified that his Client took time in September, 2015 when they attempted to sell the property. At this time they found out that there were liens. Attorney Loney says that he has a certificate of re-occupancy and his Client has informed him that they had made all the pertinent repairs. The Board asked questions. Attorney Loney responds that the property is not for sale they are looking into a non-for profit organization by the name of Florida Minority Community Coalition. The Board asked questions.

The offer was amended to $1,500.00

Fails for lack of Motion.

 

Case(s): 2-11-8146; 6-11-8621

Owner: Bruce Bender/Curt Dyer

Address: 726 NE 92ndStreet #8L

 

Mr. Bruce Bender was present to testify. He testified that they had the permits for the windows; they did not have a permit for the door. Mr. Bender testified that they are not planning on selling the house; they would like to resolve these violations. He testified that they had already paid $1,000.00 in 2011. Mr. Curt Dyer testified that there was an issue with the condo suing them. Mr. Bender testified that they had applied for the permits, got the permits and did the work and the condo then came in and said you can’t do that then sued them to get it out. The Board asked questions. 

 

 

Motion: That upon receipt of the amended offer of $3,000.00 payable within 90 days that the lien be released.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

Passed Unanimously

  

Case(s): 1-13-10765; 3-10-6841

Owner: Stephen Pierre

Address: 544 NW 112 Street

 

Reverend Jacque St. Louis testified on behalf of Mr. Pierre. Rev. St. Louis testified that Mr. Pierre had extenuating circumstances and is on a fixed income. He said that while trying to settle the lien matter, there were other violations that Mr. Pierre had to fix and it cost him a few thousand dollars. Rev. St. Louis pled with the Board to please work with him. Officer Flores testified that this is an issue with the whole neighborhood. The Board asked questions and comments. Reverend Jacque St. Louis testified that he has different authorities from the community to help his parishioners. Mr. Bob Smith disclosed that he used to have a professional relationship with Reverend St. Louis and he confirmed that yes the Reverend does this for the community. The Board asked questions. The Reverend testified that he did not know about the violations and when he received the mail he did not pay attention to it. Mr. Smith clarified that what the Reverend is saying is that Mr. Pierre may have not understood or paid attention to the mail when he got it. He does understand now. Officer Flores testified that Mr. Pierre has maintained a great house. 

 

Motion: That upon receipt of the amended offer of $1,500.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Manny Quiroga

Vote: Passed (Yes=6, No=1, Abstain=0)

Yes: Patrick Huber, Bob Smith, Rod Buenconsejo, Manny Quiroga, Barry Perl, Chairman Vickers

No: Barry Asmus

 


MINUTES

Minutes for December 3, 2015

Motion by Manny Quiroga, seconded by Rod Buenconsejo

Passed Unanimously

 

NEXT MEETING

The next meeting will be on March 3, 2016

 

ADJOURNMENT

February 4, 2016 Code Board meeting was adjourned 

________________________________                        _____________________________

Anthony Flores, Code Enforcement Supervisor                  Robert Vickers, Chairman