LimeBike Memorandum of Understanding

Code Enforcement Meeting Minutes December 1, 2016

CODE ENFORCEMENT BOARD MEETINGMINUTES

 

  Thursday, December 1, 2016

 

  The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday December 1, 2016, at the Miami Shores Village Hall. The meeting was called to order at 6:00 pm. by Chairman, Robert Vickers.

 

Roll Call.

Present: Patrick Huber, Robert Smith, Kimberly Bruce, Gladys Coia, Rod Buenconsejo, 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

Mariana Gracia, Clerk

 

FIRST HEARING

No one present for this hearing

Summary Adjudication for 1stHearingsCase(s): 10-16-15894; 11-16-16013; 11-16-16015; 5-16-15237; 7-16-15588; 7-16-15589; 8-16-15737; 9-16-15775; 9-16-15789.

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 Robert Smith, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

PENALTY HEARING

No one present of this hearing

Summary Adjudication for Penalty Hearings:Case #’s: 10-15-14713; 3-16-15083; 4-16-15147; 5-16-15240; 5-16-15241; 6-16-15413; 6-16-15414; 6-16-15415; 6-16-15416; 7-16-15535; 7-16-15613; 8-16-15673; 8-16-15674; 8-16-15726; 8-16-15740; 8-16-15742; 8-16-15746; 9-16-15751; 9-16-15783; 9-16-15784.

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 Patrick Huber

Vote: Passed Unanimously

 

REQUEST FOR RELIEF

 

Case(s): 6-11-8679; 2-11-8193; 4-08-4033; 2-11-8192

Owner: JCAS Fund Corp./Juan Annicchiarico

Address: 175 NW 109 Street

Mr. Juan Annicchiarico was present and wished to testify. Mr. Annichiarico testified that he had bought the property from foreclosure. He tried to settle the liens before buying the property and he was told that he had to own the property before doing so. Fix it in order for him to get the relief on it. The repairs took more time than expected. There is a balloon mortgage on the property that needs to be satisfied by October 22, 2016. It is already a financial hardship on him. The house is for sale and he is hoping that before February he has the house sold. The Board asked questions. Mr. Annichiarico went over the financials of the house. He expressed that he is not making a profit on this property. The house is listed for $500,000.00 but he is hoping to sell it for $460,000.000. The garage was converted illegally and he had to make that right through the Planning and Zoning Board. Mr. Sarafan explains that this house was at one time a Kelly Mitchell property. The Attorney fees are for a lot of Kelly Mitchell houses and the amount may not all come out of this particular property. There are other properties that it can come out of. Council has advised that they would like the Board to look favorably on properties that have been in a bad state and have been reconditioned for a family to move in.

 

Motion: That upon receipt of $13,500.00 payable within 120 days that the lien be released.

Moved by Robert Smith, seconded by Gladys Coia

Vote: Passed (Yes=5, No=1, Abstain=0)

Yes: Patrick Huber, Robert Smith, Gladys Coia, Kimberly Bruce, Chairman Robert Vickers

No: Rod Buenconsejo

 

Case(s): 1-10-6606; 2-09-5402; 1-10-6605; 2-09-5385 

Owner:Jenner Philizaire

Address: 10904 NW 2 Avenue

Ms. Jenner Philizaire was present and briefly testified that she did not have the money to pay more than what she is offering. She would like to resolve this because this is something she thinks about daily. The Board asked questions. Officer Flores testified the he husband had passed away recently. Ms. Philizaire genuinely concerned about these liens.

Motion: Motion $1,500.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Passed Unanimously

 

  Case(s): 3-16-15027; 8-15-14436; 5-14-12649; 5-14-12647

 Owner: Fannie Mae

Address: 45 NE 98 Street

Ms. Julie Sidorevskaya of Julie’s Realty was present of behalf of Fannie Mae. Ms. Julie testified that the violations were caused by previous owner. Once Fannie Mae took possession of the property they met with Anthony Flores and worked diligently to get the violations and bring them into compliance. Ms. Julie testified that if Fannie Mae could go into properties and bring them into compliance before they own them they would. Unfortunately, they cannot. Julie testified that they just got the property under contract with an owner occupied Buyer that would make the property more beautiful. The Board asked questions. Officer Flores testified that when the Realtor took ownership of the property they immediately cured the violations. Ms. Julie testified that Fannie Mae deals with Agents that sometimes do not act diligently. 

 

Motion: That upon receipt of $5,000.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Vote: Passed (Yes=4, No=2, Abstain=0)

Yes: Patrick Huber, Robert Smith, Gladys Coia, Kimberly Bruce

No: Rod Buenconsejo, Chairman Robert Vickers

  

Case(s): 2-16-14917

Owner: Helmut Mueller & Ana Mueller-Giesbers

Address: 1131 NE 104 Street

Mr. Helmut Mueller was present to testify. He testified that he was here last time and he explained that he was renting the property and he did not know about the violation. The Board asked questions. Officer Flores testified that the house is well kept. 

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

Moved by Patrick Huber, seconded by Rod Buenconsejo

Passed Unanimously

 

Case(s): 10-09-6461; 10-09-6458

Owner: David Seymour

Address: 165 NW 92 Street

Mr. David Seymour was present to testify. He testified that he knew there were violations when he purchased it back in February. It took him up to 7 months to bring the property into compliance. The property is up for sale now. Mr. Sarafan asked for clarification on the amount proposed to be paid before. Mr. Seymour testified that the offer of $2,500.00 was correct. The Board asked questions. Mr. Seymour testified that he had just written a number on his offer did not think about it. He currently lives in the property. 

Motion:  That upon receipt of $7,500.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Gladys Coia

Passed Unanimously

 

Case(s): 4-13-11218

Owner: Gabriela Sabate/Guillermo Almada

Address: 89 NW 106 Street

Ms. Gabriela Sabate and Mr. Guillermo Almada were present to testify.  Mr. Almada testified that he had bought the house in December 2013. They found a lot of things that needed to be fixed. March of this year the permits expired which triggered the violations. Mr. Almada said that they had invested in grass twice this year. The house was vandalized in the meantime. The Board asked questions. Officer Flores testified that the grass violation was not that they did not take care of it, but the construction took so long. The grass in the swale was not taken care of immediately. Mr. Almada testified that they had never stopped working in the house.  The Board asked questions.

 

Motion: That upon receipt of $3,000.00 payable within 30 days that the lien be released.

Moved by Robert Smith, seconded by Patrick Huber

Passed Unanimously

 

MINUTES

Minutes for November 3, 2016

Motion to approve minutes, Motion made by Patrick Huber, seconded by Robert Smith and the vote was unanimous in favor of the Motion.

 

DISCUSSION:

Chairman Vickers said that he had received a call from Mr. Quiroga and he had said that he will no longer be on the Board. He has sold his property and is moving and he gave his regards, he said he had enjoyed his time with the Board and he is going to miss us. He said he is sorry he could not be here to say his goodbye. Chairman Vickers went on to say that Mr. Quiroga had a passion for Vintage cars. He would organize the car show at Unity Day.

Chairman Vickers expressed his wish to have someone new as Chair. He is no longer able to hold the position.

Chairman Vickers nominates Mr. Smith for the position of Chair, seconded by Mr. Huber, Mr. Huber Moved to close the nomination and the vote was unanimous in favor of the Motion.

Mr. Smith nominates Mr. Buenconsejo for the position of Vice Chair, seconded by Mr. Huber, Mr. Huber Move to close the nomination and the vote was unanimous in favor of the Motion.

Mr. Vickers states that if Mr. Smith is not able to attend a meeting for any reason. The protocol to follow is to call the Clerk to let her know of his absence. Mr. Sarafan explains that if there is a number of unexcused absence you can lose your seat. 

Mr. Sarafan made a correction to the Chairman’s opening statement script (where the script says “a finding of guilty” was changed to “a finding of a violation”.)

 

NEXT MEETING

The next meeting will be on February 2, 2017

 

ADJOURNMENT

December 1, 2016 Code Board meeting was adjourned 

 

________________________________                      _____________________________

Anthony Flores, Code Enforcement Supervisor           Robert Vickers, Chairman