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Code Enforcement Board Minutes - October 1, 2015

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, October 1, 2015

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday October 1, 2015, 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, John Patnik, Robert Smith, Rod Buenconsejo, Barry K. Asmus, Barry Perl, 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

Clay Roberts, Deputy Attorney

Mariana Gracia, Clerk

 

FIRST HEARING

 

Note: No one present for first hearing.

 

Summary Adjudication for 1st Hearings: Case(s): 3-15-13803; 6-15-14132; 6-15-14133; 6-15-14134; 6-15-14135; 6-15-14136; 6-15-14146; 7-15-14309; 7-15-14329; 7-15-14337; 7-15-14341; 8-15-14420; 8-15-14452; 9-15-14485.

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 Barry Asmus

Motion: Passed Unanimously

 

 

PENALTY HEARING

Note: No one present for Penalty Hearing

 

Summary Adjudication for Penalty Hearings: Case #’s: 2-15-13751; 3-15-13781; 6-15-14137; 6-15-14179; 6-15-14216; 7-15-14281; 7-15-14282; 7-15-14283; 7-15-14286; 7-15-14287; 7-15-14310; 7-15-14318; 7-15-14350; 7-15-14351; 7-15-14352.

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 Robert Smith, seconded by Manny Quiroga

Vote: Passed Unanimously



 

REQUEST FOR RELIEF

 


Case(s): 7-12-10137

Owner: Alejandro J. Leal & Clarisa Leal

Address: 32 NE 91 Street

 

Sofia Salazar Attorney for the previous owner and Mr. Carlos Miranda were present. Mr. Miranda testified that the fence was covered with weeds. They went through an extensive process to fix it up. Mr. Miranda says that they received a notice saying that the fence was too high. Mr. Miranda claims that the alley way on the other side of the fence was used by addicts. Mr. Miranda testified that he did not know that there were running fines while he waited for the trees he planted to grow. They did not know about the fine until they went to sell the house. Mr. Miranda says that the reason they are here is due to the $32,150.00 being held in escrow that they want back. Officer Orta testified that the testimony was correct but that the fence was in fact built without a permit. Officer Flores testified that not only was the fence built without a permit but that it exceeded the height into the front yard. The Board asked questions. Mr. Sarafan states that there is a receipt in the file showing that the notice had been delivered. Mr. Asmus mentioned that it took them 2 ½ years to bring it into compliance. Furthermore, the case had numerous continuances. Offer is amended to $5,000.00 payable in 30 days.

 

Motion: Move that upon payment of $5,000.00 payable within 30 days.

Moved by Robert Smith, seconded by Barry Perl

Vote: Passed (Yes=5, No=2, Abstain=0)

Yes: Manny Quiroga, John Patnik, Robert Smith, Barry Perl, Chairman Robert Vickers

No: Barry Asmus, Rod Buenconsejo

 

Case(s): 6-14-12775; 6-14-12774; 3-12-9750; 11-13-12106; 3-09-5525

Owner: SMP Real Estate Advisory

Address: 597 NE 93 Street


Eric Grabois, Esq. and Pascal Nicolai on behalf of SMP Real Estate Advisory were present. Mr. Grabois testified that his client purchased this property under foreclosure. They were not the actual violator for some of the violations. Mr. Grabois states that his client recognizes that he is responsible for approximately half of the $64,700.00 in fines. The Attorney listed the violations he feels that his client is responsible for. Mr. Grabois testified that his client purchased this property as an investment. The contractor his client hired did not do what he should have done hence the time that it took to correct some of these violations. This renovation took longer than expected due to the general contractor leaving the project in the middle of it. The Board asked questions. Mr. Sarafan there are two different kinds of liens attached to this property. There are the ones that were prior to this owner purchasing the property. There are the other types that were incurred during this ownership. Mr. Pascal Nicolai testified that he had hired a contractor to do this job who misled him. Mr. Sarafan asked questions. Officer Orta testified that the property was an eye sore to the neighborhood before they renovated it. Mr. Sarafan asked if this property is being sold to a family and not an investor. Mr. Asmus emphasizes that there were nine months of continuances given to the violator. They went in and did not pull a permit they did the work they caused multiple violations. I took them 2 ½ years to come into compliance. Offer amended to $12,000.00 payable within 30 days.


Motion: That upon receipt of $12,000.00 payable within 30 days that the lien be released.

Moved by Barry Perl, seconded by Manny Quiroga

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

Yes: Manny Quiroga, Robert Smith, Barry Perl, Chairman Robert Vickers

No: John Patnik, Barry Asmus, Rod Buenconsejo


 

Case(s): 5-11-8590; 5-11-8591; 5-11-8592

Owner: Francisco G. Quinonez

Address: 188 NW 104 Street

 

Elias Barreto, friend of Mr. Quinonez was present. Mr. Barreto proceeded to testify on behalf of his friend because of a language barrier. Mr. Barreto went over the violations and how they were cured. The Board asked questions. Mr. Quinonez went to the Bank at the beginning of 2015 and he was told he could not get a loan because there was a lien on the property for violations. Mr. Quinonez came to the Village to find out what was the issue. He spoke to Officer Flores, who then discussed with Mr. Quinonez regarding the violations. Mr. Quinoez still unclear about the violations requested an inspection of the ongoing violation. Officer Flores spoke briefly to the building official and scheduled an appointment for the next day. Mr. Barreto testified that Mr. Naranjo was at the property the next day. Mr. Quinonez was advised by someone to get an Architect to fix the issue. Mr. Barreto explains how they got to the drawing of the bathroom. Officer Flores testified that the story is not quite what Mr. Barreto is proposing. He saw the work happening around the back of the house he noticed the handy man, Silvio Orozco who had done illegal work in the Shores and was at the Board for several different houses before.   So that alerted Officer Flores that he needs to check this out. When Officer Flores asked what was going on he was told by the handy man that he was laying the tile down and he closed the door. So the story that Mr. Orozco gave Mr. Quinonez is incorrect.   Officer Flores testified that Mr. Orozco was very well known for doing work without permits. Officer Flores states that he had advised Mr. Quinonez to see the Building Department. The Board asked questions. Offer of $4,000.00 is their best.

 

Motion: BP Motion that upon payment of $5,000.00 payable within 90 days

Moved by Robert Smith

Vote: Failed for lack of Second

 

Case(s): 8-14-13049

Owner: Arrow Investment Team

Address: 190 NW 100 Terr

 

Fernando Monteiro the owner of Arrow Investment Team was present to testify. Mr. Monteiro testified that he was not the owner at the time this violation occurred. Mr. Monteiro testified that he did not know about the violation until he tried to sell the property. The Board asked questions. Mr. Monteiro testified that he pulled a painting permit. He then painted the property. Offer amended to $1,000.00.

 

Motion: Move that upon payment $1,000.00 payable within 30 days

Moved by Robert Smith, Seconded by Barry Perl

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

Yes: Manny Quiroga, Robert Smith, Barry Perl, Chairman Robert Vickers

No: John Patnik, Barry Asmus, Rod Buenconsejo

 

 

Case: 7-14-12929; 7-14-12930

Owner: Hemendra Patel

Address: 89 NE 109 Street

 

Dimpal Patel the daughter of the property owner was present to testify. Ms. Patel testified that the reason they had put the light poles in was for security reasons. Ms. Patel explained the door violation and what they had to go through to comply. They tried to hire a contractor to fix the door but could not. Finally, they got a contractor and got the door fixed. The Board asked questions.

Motion: Move to accept $1,000.00 payable within 30 days

Moved by Rod Buenconsejo, seconded by Barry Perl

Vote: Passed Unanimously

 

 

Case: 7-11-8780

Owner: Miroslav & Mildred DJordjevic

Address: 10130 N. Miami Avenue

 

Miroslav & Mildred DJordjevic of 10130 N. Miami Avenue were present to testify. Mr. DJordjevic testified they had purchased the property at foreclosure and the property was in total disrepair. The awning was installed by the previous owner. They did not know that there was a problem with it. They received a notice of violation. Ms. DJordjevic proceeded to explain how the Inspector told them that the awning was illegally installed. She said they did everything they had to remove the awning and place it in the back yard where it was into compliance. The Board asked questions. Ms. DJordjevic explains they put a new driveway so they can be in compliance. Offer is amended to $200.00.

 

Motion: Move to accept $200.00 payable within 30 days

Moved by Manny Quiroga, seconded by Rod Buenconsejo  

Vote: Passed (Yes=6, No= 1, Abstain= 0)

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

No: Barry Perl

 

Case: 12-11-9326

Owner: Eddy Guzman

Address: 495 NW 111 Street

 

Ms. Leni Guzman and Deborah Guzman were present along with Mr. Eddy Guzman. Leni and Deborah were here due to a language barrier by Mr. Guzman. Ms. Leni Guzman testified that they had a problem with the swale due to their neighbors parking on it and throwing trash. Ms. Leni testified that her father had understood that the swale area was not his responsibility. Ms. Leni testified that they found out about the lien just recently when they received a lien reminder letter and came to the city and were told about it. As soon as her father found out about the lien he cured the violation and now they are in compliance. The Board asked questions. Officer Flores testified that this area was annexed from Miami-Dade County and said that although this was way before his time Ms. Leni Guzman’s testimony was true from what he had seen since he arrived here in 2002. The Board asked questions and commented on how nice this house is. Offer amended to $500.00 payable within 30 days. Mr. Buenconsejo asked a question to Mr. Sarafan. Mr. Sarafan responds.

 

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

Moved by Barry Perl, seconded by John Patnik    

Vote: Passed (Yes=6, No= 1, Abstain= 0)

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

No: Barry Asmus

 

 

Case: 9-09-6200; 9-09-6199

Owner: Fertilise & Pulius Salnave

Address: 318 NW 111 Terrace

 

Fertilise and Pulius Salnave and daughter were present to testify. Ms. Salnave (daughter) testified that due to hardship in her family they could not pay the amount of the lien. Ms. Salnave (daughter) explains that the $1,150.00 is still hard for them to pay. The Board asked questions. Mr. Sarafan points out that the inoperable was only inoperable because it did not have a tag. The Board asked for the pictures to confirm. Officer Flores testified that there were a couple of vehicles. The Board asked questions. Ms. Salnave (daughter) testified that they came to get a permit and Officer Flores informed them about the lien.

 

Motion: Move to accept $1,150.00 payable within 60 days

Moved by Manny Quiroga, seconded by Rod Buenconsejo    

Vote: Passed Unanimously


 

Case: 8-11-8917

Owner: Oliver Pawle

Address: 175 NW 100th Street

 

James Black, Property Manager was present to testify. Mr. Black testified that this lien was in place prior to his client purchasing the property at foreclosure. He believes that it was brought into compliance prior to his client’s ownership. The Board asked questions. Mr. Black answers the house was sold for $375,000.00. There was $32,450.00 put in escrow. Offer amended to $5,000.00 payable within 30 days.

 

Motion: Move to accept $5,000.00 payable within 30 days

Moved by Rod Buenconsejo, seconded by Barry Perl    

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

Yes: Manny Quiroga, Robert Smith, Barry Perl, Rod Buenconsejo

No: John Patnik, Barry Asmus, Chairman Robert Vickers

 

Case(s): 11-12-10589

Owner: Irma Calderon

Address: 9013 NE 4 Ave Rd

 

Irma Calderon was present to testify. Ms. Calderon testified that she had hired 3 different contractors. The first one took the money and did not do the job. The second contractor took her money again and kept telling her that he was going to do the job but he never did. Finally, the last one did the job, closed the permit and the property came into compliance. The Board asked questions. Officer Orta testified that Ms. Calderon’s testimony was accurate. The Board asked questions.

 

Motion: Move to accept $2,000.00 payable within 30 days

Moved by Robert Smith, seconded by John Patnik    

Vote: Passed (Yes=5, No= 2, Abstain= 0)

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

No: Barry Asmus, Chairman Robert Vickers


 

MINUTES

Minutes for September 3, 2015 – Amended

Motion by Manny Quiroga, Seconded by Barry Asmus

Passed Unanimously

 

Mr. Sarafan gave an update regarding the Gold case. That case ended up in an appeal, the appeal was heard about two weeks ago. Precurium affirmed which means they are agreeing with what they heard. However, during the preceding’s most of the arguments heard before a three judge panel and the comments by this Board were reviewed by the Court. Just a reminder that what you say it’s on the record and can end up being transcribed and reviewed by the Court. Mr. Sarafan continues by saying that a lot of what you say may seem ok at the time until you see it in a dry record. It can be misinterpreted and he gave an example that just happened at tonight’s meeting. Mr. Sarafan emphasizes he is just reminding the Board that everything they say can be heard or misinterpreted. He informed the Board that at tonight’s hearing there was an attorney in the audience for reasons unknown or he was observing. Mr. Sarafan stresses to the Board that they need to be careful what they say. He applauds those in the Board that when offered an opportunity to ask a question declined because they did not have any questions to ask. Mr. Sarafan thinks that is great, when the Board does not have anything to say, not to say anything. Mr. Sarafan talks to Chairman Vickers regarding the question he asks, and says he know what he means when he says how bad do you want it. But that is exactly the type of comment that would read badly. Please remember don’t take these cases personally, if you hear testimony that you disbelieve or if you are disagreeing with what an Applicant is saying. You can reflect that in your vote you don’t need to argue with them. Don’t be adversarial. It is unnecessary. You are Judges you are not prosecutors. Mr. Sarafan gave an example of what the Judges in Court hear and what they do in each case. Mr. Sarafan says it is not necessary to emphasize when you disagree with what the Applicant is saying. Mr. Sarafan asked the Board who is up for re-appointment. The Board answers and asked questions. Finally, a question to Staff when there is a BP Motion do we have a form of order for that. Mr. Sarafan asked Staff to remind him and he will draft up a form of order for that. The Board asked questions and commented on how Mr. Sarafan’s inputs in each one of the offers made. It is not about money it is about compliance. Mr. Sarafan explains how the final question should be asked. Board discussion took place. Mr. Smith apologizes to Mr. Asmus for a comment made by him.

 

NEXT MEETING

The next meeting will be on November 5, 2015

ADJOURNMENT

October 1, 2015 Code Board meeting was adjourned

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                            Barry Asmus, Acting Chairman