LimeBike Memorandum of Understanding

Code Enforcement Board Minutes - November 2, 2017

CODE ENFORCEMENT BOARD MEETING MINUTES

 

 

  Thursday, November 2, 2017

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday November 2, 2017, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Smith.

 

 

Roll Call.

 

 

Present: Mr. Patrick Huber, Mr. Ronnie Guillen, Mr. Rod Bruenconsejo, Ms. Kimberly Bruce,

Ms. Gladys Coia, Mr. Rod Buenconsejo, Chairman Robert Smith.

 

 

Absent: Mr. 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

Richard Sarafan, Village Attorney

Ysabely Rodriguez, Village Clerk

Lazaro Remond, Code Enforcement Manager

Mike Orta, Officer, Code Enforcement

Mariana Gracia, Clerk

 

 

 

FIRST HEARING

Case #7-17-16685

Wanda Collier

98 NW 98 Street

 

 

Ms. Collier was present to testify. Her testimony is that she is a single mother and had to take care of the parkway with the help of her son. She is trying to take care of everything with help from the County. She requested more time to cure the violation. Officer Mike Orta gave a brief description of the violation and how Ms. Collier has been trying to take care of the violation but the task is hard for her. Ms. Collier submitted papers for the beautification program she applied with the County. The Board asked questions and gave advise as to the kind of grass she should plant under the black olive trees she has. 

 

 

Motion extend time to fix the issue until February 1, 2017 by Mr. Patrick Huber, seconded by Ms. Gladys Coia and the Motion passed 6-0

 

 

Summary Adjudication for 1stHearings: Case(s): 10-17-16931; 10-17-16934; 6-17-16633; 7-17-16655; 7-17-16710; 8-17-16876.

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: Motion passed 6-0

 

 

 

PENALTY HEARING

No one present of this hearing

 

 

Summary Adjudication for Penalty Hearings:Case #’s: 2-16-14865; 4-17-16317; 5-17-16441; 6-17-16513; 6-17-16608; 6-17-16624; 6-17-16638; 7-17-16700; 8-17-16758; 8-17-16759.

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 Patrick Huber, seconded by Rod Buenconsejo

Vote: Motion passed 6-0

 

 

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

 

 

Ezequiel Romero, Esq. representing Wells Fargo. He testified that there was a foreclosure in which the Village was named as a party therefore the liens were extinguished as a part of the mortgage foreclosure. Because of this he states that Wells Fargo is no longer in debt of these liens. But in good faith they are offering $15,000.00 to release the liens. Mr. Romero gave some background information to the Board regarding the property and the liens. He stated that the Bank does not owe anything to the Village but in good faith they are offering to pay the $15,000.00. Mr. Sarafan asked questions to Mr. Romero. Mr. Sarafan clarified that Miami Shores is not after the Bank for payment. Mr. Sarafan gave information to the Board regarding what the attorney means by saying that the liens are wiped out at foreclosure. Mr. Sarafan stated that for the record, the Village is not foreclosing or suing anyone. Mr. Sarafan asked questions. The attorney said that they are only interested in clearing this property. The Board asked questions. The Board asked questions and made comments. Mr. Sarafan gave some background information regarding the property and the liens and gave his recommendation as to the amount proposed.

 

 

Motion: That upon receipt of $15,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Ronnie Guillen

Vote: Motion passed 6-0

 

 

 

Case(s): 5-12-9943; 7-15-14318

Owner: Yvon St. Juste

Address: 168 NE 91 Street

 

 

Mr. St. Juste was present along with his translator Ms. Carolle Josma Succar. Mr. St. Juste testified that he did everything that the officer requested of him and he understood that everything was okay. Ms. Josma Succar testified on behalf of Mr. St. Juste regarding the violations. She explained that the cars parked in front were there to be shipped to their country. According to her testimony they complied with everything they were asked to do. Officer Mike Orta testified. Mr. Sarafan asked questions. Officer Remond supported Mr. St. Juste’s offer of $2,000.00 to release the liens. Ms. Josma Succar testified that the cars were just stored there to be shipped overseas. The Board asked questions. Ms. Josma Succar translated to Mr. St. Juste. Ms. Josma Succar asked the Board for installments. Chairman Smith informed them that installments cannot be done, but they can have extra time to pay the amount agreed.

 

 

Motion: That upon receipt of $2,000.00 payable within 120 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Motion passed 6-0

 

  

 

Case(s): 12-14-13545 

Owner:Jessy Vinagre

Address: 189 NW 97 Street

 

 

Ms. Jessy Vinagre was present along with her pro-se attorney Fernando Anushastini. He testified that Ms. Vinagre had been a victim of bad contractors that caused her financial hardships. The attorney said that she is respectfully requesting the amount of the lien be reduced to $600.00. The Board asked questions. Ms. Vinagre testified that she could not find any contractor to fix the roof problem. The Board asked questions. Ms. Vinagre testified that she is requesting relief due to the stress this is causing her. 

 

 

Motion: Motion to accept $600.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Kimberly Bruce

Vote: Motion passed 6-0

 

 

 

MINUTES

 

 

Minutes for October 5, 2017

Motion to approve minutes, Motion made by Patrick Huber, seconded by Rod Buenconsejo and the Motion passed 6-0.

Mr. Sarafan and the Board welcomed Mr. Guillen. Chairman Smith expressed his gratitude for Mr. John Berryman’s service by acclamation.

 

 

NEXT MEETING

The next meeting will be on December 7, 2017

 

 

ADJOURNMENT

 

November 2, 2017 Code Board meeting was adjourned 

 

________________________________                  _____________________________

Lazaro Remond, Code Enforcement Manager          Robert Smith, Chairman