LimeBike Memorandum of Understanding

CODE ENFORCEMENT MEETING MINUTES APRIL 03,2014

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, April 03, 2014

The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday April 03, 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, Manny Quiroga, Rod Buenconsejo, Chairman Robert Vickers.

 

Absent: Barry Perl.

 

In Attendance

Richard Sarafan, Village Attorney

Anthony Flores, Supervisor, Code Enforcement

Mike Orta, Officer, Code Enforcement

Karen Banda, Clerk

 

FIRST HEARING

 

Case: 10-13-12075

Address: 86 NE 95th St.

Sec. ; 12-33: Unsightly Fascia, Soffit, House Exterior

 

Code Officer Mike Orta gave summary of case and stated case began in October of 2013 and has since given Ms. Williams an extension to paint home yet to this date no action has been taken. Pictures are presented to board to show state of exterior of house. Chairman Vickers asks Ms. Williams if she agrees there is a violation and Ms. Williams agrees there is a violation and states that she could not find a painter but that she just found one and has signed a contract and requests a 30 day extension to complete work and cure violation.

 

MOTION: With respect to case(s): 10-13-12075 I move for a finding of fact and conclusion of law that there exists a violation or violations of Section(s) 12-133 of the Miami Shores Village Code. “The offending party shall correct all such violations by April 30, 2014 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 and, in such event, a fine is hereby authorized to be automatically assessed against the violator in the amount of $50 a day thereafter, which will constitute a lien on the property of the violator. Costs in the amount of $30 are hereby assessed to recoup the Village’s expenses in prosecuting the violation to date.

 

Moved by Manny Quiroga, seconded by Barry Asmus.

Motion approved unanimously.

     

Summary Adjudication for 1st Hearings:

Case #’s: 10-13-12067; 10-13-12069; 10-13-12077; 1-14-12203; 1-14-12209; 1-14-12256;

1-14-12257; 1-14-12280; 2-14-12299; 3-13-11076; 9-13-11808.

 

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 Manny Quiroga, Seconded by Barry Asmus.

Motion approved unanimously.

 

PENALTY HEARING


No one present for penalty hearings


Summary Adjudication for Penalty Hearings:

Case #’s: 10-13-12030; 1-14-12231; 12-13-12175; 2-14-12296; 2-14-12297; 8-13-11752

 

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 Manny Quiroga, seconded by Rod Buenconsejo.

Motion passed unanimously.

 

REQUEST FOR RELIEF


Case(s): 2-13-10865; 2-13-10866; 2-13-10867

Owner: Deutsche Bank            

Address: 490 NE 91 St.


Kenneth Hill was present on behalf of bank and stated property is for sale and has a prospected buyer. Previous owner did not vacate property when bank took possession and after leaving home he later broke back into home and stayed for a few more months. As soon as bank had access to home they remedied violation. Chairman asked staff about their opinion on property and rapidness of bank and staff stated they are hoping to have property owners that will give the home some TLC. Bank remedied violations quickly. Board members asked questions and stated under bank’s ownership the total fines would be about $11,000.00 dollars. Attorney asked questions about foreclosure. Offer to pay $1000 payable within 30 days.

 

No motion made.

 


Case(s): 5-11-8556

Owner: Ibrahim Rodriguez

Address: 9160 NE 8th Avenue


Mr. Rodriguez was present and stated the delay in curing violation was because he was taking care of family members that have now passed away. Mr. Rodriguez is trying to sell deceased dad’s condo apartment at 726 NE 92 St. Unit 5 and this lien is attached to that property. Board members asked questions about violation and Mr. Rodriguez stated work was done by previous owner without permit. Staff stated condo association needed to complete their 40 year inspection and then noticed that multiple condos were built out without authorization. Condo association gave code enforcement department a list and then code enforcement sent out notices to owners. Chairman Vickers recaps the amount Mr. Rodriguez already spent to cure violation. Offer to pay $2000 payable within 60 days.


Motion: Upon receipt of $2000 payable within 120 days the lien on 726 NE 92 St. Unit 5 be released.

Moved by Barry Asmus, seconded by John Patnik.

 

Discussion by board regarding motion. Mr. Smith asks Mr. Asmus about amending motion to $4700 payable within 120 days in order satisfy both properties.


MotionAmended: Upon receipt of $4700 payable within 120 days release liens on both properties.

Moved by Barry Asmus, seconded by John Patnik.


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

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

 

Case(s):2-12-9556; 12-06-1441; 10-10-7816

Owner: Arbelio Barroso

Address: 9125 NE 4 Avenue


Ray Carrabota was present on behalf of owner and potential buyer of house. Property is in pre-foreclosure and Mr. Carrabota lives on the same block and would like to purchase home in short sale. Closing date is scheduled for the 18th of April. If board does not approve offer foreclosure is scheduled to proceed on the 28th of April. Owner cannot keep up property and has since moved out of home. Board looks at pictures from case file. Offer to pay $5000 payable within 30 days.

 

Motion: Accept offer of $5000 payable within 30 days.

Moved by Manny Quiroga, seconded by Bob Smith.

 

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

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

 

Case(s):3-13-11014

Owner: Rafael Martinez

Address: 511 NE 101 St.

 

Mr. Martinez was present and stated he purchased property and bank paid full amount to settle lien prior to closing. Mr. Martinez purchased home at a higher price that included amount of lien. Mr. Martinez is seeking a partial refund of amount paid and has offered $2500. Property will be renovated and sold. Mr. Asmus discloses that he lives right next to new owner and did have conversation about history of property. Mr. Smith asked attorney about precedent in these cases that have requested a refund. Attorney Sarafan states that board does not have the power to order a refund but can give recommendation to the administration to consider a refund. Offer amended to $5000.

 

 

Motion: Ask village to refund $5,200.00 to Mr. Martinez.

Moved by Manny Quiroga, seconded by Barry Asmus

 

Vote: Motion failed (Summary: Yes = 3 , No = 3, Abstain = 0).

Yes: Barry Asmus, John Patnik, Chairman Robert Vickers.

No: Bob Smith, Manny Quiroga, Rod Buenconsejo.

 

Case(s):2-11-8146; 6-11-1058

Owner: Curt Dyer and Bruce Bender

Address: 726 NE 92 St. #8L

 

Mr. Dyer and Mr. Bender were present for a second time and explained problems with Condo Association that caused delays for not coming into compliance by the time specified. Attorney Sarafan reminds board of stack of documentary evidence in file between association and property owners. Property is not for sale and would like to clear lien. Offer to pay $1000 payable within 10 days.

 

Motion: Upon payment of $1000 payable within 60 days the lien on this property be released.

Moved Bob Smith, Manny Quiroga.

 

Vote: Motion failed (Summary: Yes = 3 , No = 3, Abstain = 0).

Yes: Bob Smith, Manny Quiroga, Rod Buenconsejo

No: Barry Asmus, John Patnik, Chairman Robert Vickers.

 

 

Case(s):10-13-11199

Owner: Nicholas Duran

Address: 150 NW 94th St.

 

Mr. Duran was present and stated this violation was an oversight on his end because wife is pregnant with some medical issues and he was traveling because of work. Violation was remedied quickly after receiving lien notice. Offer to pay $100 payable within 10 days.

 

Motion: Accept offer of $100 payable within 10 days.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

 

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

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

No: Barry Asmus.

 

 

Case(s): 2-11-8145; 2-11-8142; 8-10-7575

Owner: PALAZZO LEONI LLC

Address: 9600 and 9636 NE 2nd Avenue

 

Mrs. Frances Everett and attorney Mr. Paul Steinberg were present and stated they sold property in 2005 and took back a purchase money mortgage which was basically no money at the closing. The mortgage ballooned in 2010 and the buyer did not make any payments. They began foreclosure that took a little over a year and when Mr. and Mrs. Everett took back property there were more than $500,000 owed in back taxes to the property, utility liens and code enforcement liens of work done by prior owner without permits. After the 40 year inspection the Everett’s have now incurred over $2 million dollars in expenses. Board asked questions regarding selling property to new owner Palazzo Leoni LLC and title insurance and Mrs. Everett stated the money owed to village in the amount of $118,300.00 was put in escrow. That amount went into paying contractors and permits. Board asked how much is left in account and nor Mr. Steinberg nor Mrs. Everett knew the amount as of today. Offer to pay $10,000 payable within 30 days.

 

Motion: Accept $10,000 payable within 30 days.

Moved by Manny Quiroga, seconded by Rod Buenconsejo

 

Vote: Motion failed (Summary: Yes = 3 , No = 3, Abstain = 0).

Yes: Manny Quiroga, Rod Buenconsejo, Chairman Robert Vickers.

No: Barry Asmus, John Patnik, Bob Smith.

 

 

 

Mr. Kenneth Hill requests board to hear a new offer. Board discusses rules and options.

 

Motion: Move not to hear applicant because he has already been heard.

Moved by Barry Asmus, seconded by John Patnik

 

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

Yes: Barry Asmus, John Patnik,

No: Bob Smith, Manny Quiroga, Rod Buenconsejo, Chairman Robert Vickers.

 

 

Case(s): 2-13-10865; 2-13-10866; 2-13-10867

Owner: Deutsche Bank            

Address: 490 NE 91 St.

 

Offer amended to $11,000.00 payable within 30 days.

 

Motio: Move to accept offer.

Moved by Manny Quiroga, seconded by Bob Smith.

 

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

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

No: Barry Asmus.

 

 

Minute’s correction of typo on page 3. 3rd line.

Motion: Approve minutes.

Moved by Bob Smith, seconded by Barry Asmus.

 

Motion passed unanimously.

              

Mr. Rod Buenconsejo will out for next meeting.

 

NEXT MEETING

The next meeting will be on May 01, 2014

 

ADJOURNMENT

April 03, 2014 Code Board meeting was adjourned at 8:15 p.m.

________________________________               _____________________________

Anthony Flores, Code Enforcement Supervisor                    Robert Vickers, Chairman