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Code Enforcement Board Minutes for March 6, 2014

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, March 06, 2014

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday March 06, 2014, at the Miami Shores Village Hall. The meeting was called to order at 6:00 p.m. by Chairman, Robert Vickers

 

Roll Call.

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

 

Manny Quiroga arrived at 6:40 p.m.

 

In Attendance

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

 

FIRST HEARING


No one present for first hearing.

     

Summary Adjudication for 1st Hearings:

Case #’s: 10-13-12030; 11-13-12088; 1-14-12204; 1-14-12205; 1-14-12231; 12-13-12173; 12-13-12175; 2-13-10905; 2-14-12296; 2-14-12297; 2-14-12336; 3-13-11100; 4-13-11216; 4-13-11217; 4-13-11218; 4-13-11232; 5-13-11383; 7-13-11659; 9-13-11859.

 

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 Barry Perl, seconded Barry Asmus.

Motion approved unanimously.

 


PENALTY HEARING


No one present for penalty hearings


Summary Adjudication for Penalty Hearings:

Case #’s: 10-13-11906; 10-13-11999; 10-13-12010; 10-13-12074; 10-13-12079; 11-13-12114; 11-13-12115; 11-13-12119; 11-13-12133; 11-13-12145; 1-14-12198; 12-13-12172; 12-13-12177; 2-13-10926; 3-13-11068; 3-13-11074.

 

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 Rod Buenconsejo, seconded by Barry Perl.

Motion passed unanimously.

 

REQUEST FOR RELIEF


Case(s): 3496; 4874; 5298; 5301; 6008; 6009; 7727; 8136; 8137; 2000-01757; 2000-02031; 3-07-1695; 3-07-1697; 3-07-1698; 4-08-4073; 4-08-4075; 4-09-5652

Owner: Robert Adelite

Address: 29 NW 110 St.


Attorney Prince A. Donnahue was present as representative for owner. Mr. Donnahue stated prior owners were violators and new owner has remedied many of the violations. Attorney reviews cases with board and language on Enforcement Order. House is for sale and under representative’s knowledge approximately $30,000 will be left for seller after lien and mortgages are paid off. March 12th is potential closing date. New buyer lives in California and will potentially rent home and possibly live from time to time. Offer amended to $27,500.00 payable within 30 days. Discussion by board on years the home was in violation. Realtor testified about potential buyer.

 


Motion: Upon receipt of $27,500 payable within 30 days the lien on this property be released.


Moved by Barry Perl, seconded by Bob Smith.

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

Yes: John Patnik. Bob Smith, , Rod Buenconsejo, Barry Perl. Chairman Robert Vickers.

No: Barry Asmus,

 

Case: 2-12-9544

Owner: New Spring LLC

Address: 10504 NW 2 Avenue

 

Attorney Arnold M. Straus was present on behalf of owner. Pictures were presented to board of before and after of property. House is not for sale. Offer made of $1,850.00 payable within 30 days.


Motion: Accept offer payable within 30 days.


Moved by Rod Buenconsejo, seconded by Barry Perl.

Vote: Motion passed unanimously. (Summary: Yes = 7 , No = 0, Abstain = 0).

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

 

Case: 9-12-10321

Owner: Provident Funding LP

Address: 165 NE 98 St.

 

Attorney Chris Horton was present representing owner and stated the lis pendens was recorded on foreclosed on property. House is now for sale and there is an offer on table of $375 but if it is not sold property will probably be rented. Provident took tile in May 2012. Danny Ponce was present as contractor and manager of property for provident funding and stated they were not aware of violation of dirty pool. Board asked about time taken to fix violation. Contractor stated many components were contributing factors to delay in cleaning pool such as property not having power and the pool pump being stolen. Offer of made of $2500 payable within 30 days.


Motion: Upon payment of $10,000 payable in 10 days the lien be released.

Motion amended to 60 days.

Moved by Rod Buenconsejo, seconded by Barry Asmus.

 

Vote: Motion passed. (Summary: Yes = 5 , No = 2, Abstain = 0).

Yes: Barry Asmus, John Patnik. Bob Smith, Barry Perl, Rod Buenconsejo,

No: Manny Quiroga, Chairman Robert Vickers.

 

Case: 5-13-11436; 5-13-11437

Owner: Cory and Lisa Gittner

Address: 551 NE 102 St.


Mr. Gittner was present and stated that he had difficulty financially and could not repair sidewalk. He was not aware he would have to repair sidewalk because he thought public works would repair. Mr. Gittner settled with public works department about fixing sidewalk. Offer to pay $765 payable within 30 days.


Motion: Accept offer of $765 payable within 30 days and release liens.

Moved by Rod Buenconsjeo, seconded by Manny Quiroga.


Vote: Motion passed. (Summary: Yes = 5 , No = 2, Abstain = 0).

Yes: John Patnik. Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo.

No: Barry Asmus, Chairman Robert Vickers.

 

 

Case: 9-10-7621;2-13-10872; 2-13-10873; 2-13-10876

Owner: Vulcan Dynamic Realty

Address: 9425 N Miami Avenue


Representative Charles Levy was present on behalf of Vulcan Dynamic and stated that the violation regarding expired permits was from previous owner. Vulcan Dynamic did not want a vacant property to be vandalized like it was in the past and in order to rent property out promptly they did put in A/C and fence without permits. Board makes note that Vulcan Dynamic wanted to rent home fast and disregarded violations. Offer amended to $10,000 payable within 30 days.


Motion: Upon receipt of $20,000 payable within 60 days the liens be released.

Moved by Barry Asmus, no second.


Motion: Upon receipt of $10,000 payable within 30 days the liens be released.

Moved by Barry Perl, seconded by Rod Buenconsejo.


Vote: Motion passed. (Summary: Yes = 5 , No = 2, Abstain = 0).

Yes: John Patnik. Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo.

No: Barry Asmus, Chairman Robert Vickers.

 


Case: 7-09-5970

Owner: Lucky 13

Address: 131 NW 110 St.


Richard Hector was present as owner of property and purchased home in foreclosure. Fixed violations and put almost $100,000 in property. House is for sale at $319,000.00 but might sell at $289,000.00. Purchase price was $140,000.00, and title given on. Dec. 12, 2013. Board asked questions regarding violations and compliance timeline. Offer is $3,200 payable within 30 days. Code Officer Flores asked what improvements were made to house, and contractor stated a new roof, kitchen, sidewalk, sprinkler system and bathroom were renovated in three months.


Motion: Accept offer and upon receipt of $3,200 payable 30 days the lien be released.

Moved by Barry Perl, seconded by Manny Quiroga


Vote: Motion passed. (Summary: Yes = 6 , No = 1, Abstain = 0).

Yes: Barry Asmus, John Patnik. Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo.

No: Chairman Robert Vickers.

 

Case: 10-13-12020; 10-13-12022

Owner: William and Ivet Ruiz

Address: 10125 Biscayne Blvd.


Jose Guriel was present as renter of property. Mrs. Ruiz was present as owner. Mrs. Ruiz stated she received one notice and asked renter to remove car. Son Marcello signed certified mail with notices of violations but parents were unaware that he signed. House is for sale and there is an offer but no contract. Board shows Mrs. Ruiz pictures of stored items not allowed and Mrs. Ruiz stated she had been to the property many times and nothing seemed out of place and she also made note that she is not familiar with the code and does not know what is and is not considered a violation. Code officer Flores make note that complaint was made by a neighbor about storage of vehicles. Offer to pay $300 payable within 30 days.

Motion: Upon receipt of $1500 payable within 60 days and release be released.

Barry Asmus, seconded by Rod Buenconsejo


Vote: Motion passed. (Summary: Yes = 5 , No = 2, Abstain = 0).

Yes: Barry Asmus, John Patnik. Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo.

No: Manny Quiroga, Chairman Robert Vickers.

 

Case: 10-08-5003; 10-08-5004; 2-09-5382

Owner: Leslie Swisher

Address: 70 NW 105 St.


Leslie Swisher and Victor Morales were present and stated they took care of violations and were not aware of liens. Mr. Morales stated that they had violations before and remedied them. Property is in a short sale process. Board makes note that certified mail was signed by Mr. Morales and therefore was aware of violations. Offer to pay $50 payable within 30 days.


Motion: Accept offer of $50 payable within 30 days.

No second.

 

Case: 8-08-4632; 9-08-4723; 10-09-6393

Owner: Miguel Ramos

Address: 1482 NE 102 St.


Lorena Laje was present as current renter of property that is trying to buy house and just became aware of the liens on the 26th of February. Violations were not incurred by her or her family and are requesting board accept offer so that bank approves sale. House needs improvements and they are willing to make improvements. Board asks questions about owner and makes note of his absence at the hearing. Offer to pay $6000 payable 90 days.


Motion: Accept the offer of $6000 payable within 90 days if and only if a closing occurs for the sale of this property to Lorena Laje and Hugo Santilla.


Moved by Manny Quiroga, seconded by Barry Perl.


Vote: Motion passed. (Summary: Yes = 6 , No = 1, Abstain = 0).

Yes: Barry Asmus, John Patnik. Bob Smith, Barry Perl, Manny Quiroga, Rod Buenconsejo.

No: Chairman Robert Vickers.

 

 

Motion: Approve minutes subject to correction on vote for last case on page 9

 

Moved by Manny Quiroga, seconded by Rod Buenconsejo.

Motion passed unanimously.

              

 

NEXT MEETING

The next meeting will be on April 03, 2014

 

ADJOURNMENT

March 06, 2014 Code Board meeting was adjourned

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman