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Code Enforcement - Meeting Minutes - August 3, 2017

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

 

  Thursday, August 3, 2017

 

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday August 3, 2017, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Smith.

 

 

Roll Call.

Present: Patrick Huber, John Berryman, Rod Buenconsejo, Chairman Robert Smith.

Absent: Robert Vickers, Kimberly Bruce, Gladys Coia.

 

 

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

Lazaro Remond, Code Compliance Supervisor

Mike Orta, Code Compliance Officer

Richard Sarafan, Village Attorney

Mariana Gracia, Clerk

 

 

FIRST HEARING

Summary Adjudication for 1stHearings: Case(s): 2-17-16209; 2-17-16210; 3-17-16294; 4-17-16317; 4-17-16318; 4-17-16319; 4-17-16320; 5-17-16424; 5-17-16440; 5-17-16441; 5-17-16442; 6-17-16637.

 

 

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 4-0

 

 

PENALTY HEARING

Summary Adjudication for Penalty Hearings:Case #’s: 1-17-16149; 1-17-16152; 1-17-16153, 1-17-16154; 1-17-16155; 3-17-16309; 4-17-16329; 4-17-16350; 4-17- 16357; 4-17- 16366; 5-17-16387; 5-17- 16389; 6-17-16509.

 

 

The officer, Michael Orta, 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 carries 4-0

 

 

REQUEST FOR RELIEF 

Case(s): 12-11-9321; 12-11-9322; 8-10-7599; 12-11-9323

Owner: Cristina Cruz-Grost formerly Cristina Cruz Escalona

Address: 10616 NW 2ndAvenue

 

 

Attorney Steve Braverman was present on behalf of Ms. Grost. He asked for clarification as to what the process is for this hearing. He said that his clients live in El Paso, TX. He testified that it did take them some time to rectify the issues and bring them into compliance. The Board asked questions. The property is not for sale nor being re-financed at this time. Officer Lazaro Remond testified that all the cases are into compliance. Mr. Buenconsejo wanted to make sure that the violation of the van on the property was gone. The property was rented at some time. The owners are considering moving back into the property. That is in consideration at this time. 

 

 

Motion: That upon receipt of $20,000.00 payable within 90 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Motion carries 3-1

Yes: Patrick Huber, Rod Buenconsejo, Chairman Robert Smith

No: John Berryman

 

 

 

Case(s): 11-10-7944

Owner: Bancroft Investments LLC

Address: 800 NE 91 Terrace

 

 

Edmund Phillips and the potential buyer Mr. Pedro Chevalier were present. Mr. Phillips thanked the Board and apologized for not paying the relief that was granted before. They were unable to meet the deadline due to personal issues. He accepts responsibility for this. The whole experience has been a nightmare. They bought the property for $289,000.000 with total cost of $203,000.00. $445,000.00 is the asking price for the sale of the property.  Mr. Phillips testified that he cannot pay the $25,000.00 that was suggested by Staff. Mr. Chevalier testified that his family is anxious to move into the property. He would consider negotiating a higher amount to be paid. His family is ready to move in. The Board expressed concern about the items listed as cost being soft costs. Mr. Sarafan requested to table the item until later. Mr. Huber asked for the voting record from last Request for Relief. The Clerk informed the Board that the last Request for Relief passed by a unanimous vote.

 

 

Motion to table until the end of the end by Mr. Huber, seconded by Mr. Berryman and vote passed 4-0.

Motion to lift from table by Mr. Berryman, seconded by Mr. Huber and vote passed 4-0.

 

 

Mr. Sarafan reported that he had met with the parties and they had come to a consensus. The Legal department recommends this offer. Mr. Phillips and the Buyer agreed. There was discussion about the amount of time to pay the fee. 

 

 

Motion: That upon receipt of $10,000.00 payable within 120 days that the lien be released.

Moved by John Berryman, seconded by Patrick Huber

Vote: Motion Passed 3-1

Yes: John Berryman, Patrick Huber, Chairman Robert Smith.

No: Rod Buenconsejo

 

 

 

Case(s): 2-09-5361; 9-12-10381; 6-16-15446 

Owner:Enrique J. Cardena

Address: 9509 North Miami Avenue

 

 

Ms. Elisa Garcia was present of behalf of Mr. Cardena by POA.  She is a permit expediter and has a Power of Attorney. Mr. Sarafan informed the Board that the POA is appointing Easy Permitting. Ms. Garcia said that she is the owner of this company. She explained what her business does. Mr. Sarafan recommended that she speaks to her lawyer before she does this again. In 2012 there were issues on this property they fixed the violations but they never came to request relief. Ms. Garcia explained there was confusion as to what would cure the violation. Mr. Sarafan states that back in September 2013 there was a Request for Relief from Fannie Mae, at that time the amount of the liens was $88,350.00 they proposed $4,400.00 and it failed 3-3. The Board asked questions. The house is for sale and she does not know for how much. 

 

 

Offered to pay $12,000.00 within 30 days. Offer failed due to lack of Motion.

BP Motion: That upon receipt of $21,000.00 payable within 90 days that the lien be released.

Moved by John Berryman, seconded by Rod Buenconsejo

Vote: Motion carries 4-0

Yes: Patrick Huber, Rod Buenconsejo, John Berryman, Chairman Robert Smith

 

 

  

Case(s): 10-09-6411; 11-12-10628; 8-11-8864

 Owner: Judith B. Williams/Michael Williams, Trustee

Address: 54 NE 95 Street

 

 

Mr. Michael Williams, Trustee was present to testify along with his brother in the audience Mr. Richard Williams. Mr. Williams testified that he had never been in this situation. He stated that his family has lived in the Shores since 1950. He testified that his mother was overwhelmed with the situations in her life due medical issues. He testified that she cared for her family and then diagnosed with an illness. She was so overwhelmed that she never shared it with me (Mr. Williams). Mr. Williams lives in New Jersey and he was not aware of these liens and once he found out he took care of it immediately. He intends to fix the place and sell it to a family that would enjoy it. There was a disclosure made by Mr. Buenconsejo that he was a neighbor of Mr. Williams mother. The house is empty for not for sale. Ultimately it will be for sale. The Board asked questions. Mr. Williams addressed the issue of the dirty pool. Mr. Sarafan said that it could have happened that the violation got cured but never reported to Code Enforcement. Mr. Williams testified that he flew down from New Jersey this morning. Officer Remond testified that Mr. Williams brought the house into compliance as soon as he found out of the violations. Chairman Smith says that he could empathize with Mr. Williams’s situation but that it doesn’t negate the need for Mr. Williams to maintain the property. 

 

 

Motion: That upon receipt of $30,935.00 payable within 90 days that the lien be released.

Moved by Patrick Huber, seconded by John Berryman

Motion passes 4-0

Yes: Patrick Huber, John Berryman, Rod Buenconsejo, Chairman Robert Smith.

 

 

 

MINUTES

 

Minutes for July 6, 2017

Motion to approve minutes, by Mr. John Berryman, seconded by Mr. Patrick Huber and the Motion passed 4-0.

 

 

NEXT MEETING

The next meeting will be on September 7, 2017

 

 

ADJOURNMENT

 

August 3, 2017 Code Board meeting was adjourned 

________________________________                   _____________________________

Lazaro Remond, Code Enforcement Supervisor       Robert Smith, Chairman